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ASCAP War On Free Culture Escalates

An anonymous reader writes "After ASCAP declared war on free culture and Creative Commons responded on the incident, the war of words is escalating. Drew Wilson of ZeroPaid has been following this story closely. The EFF responded to the ASCAP letter, saying 'we don't think that ASCAP characterized EFF and its work accurately. We believe that artists should be compensated for their work, and one proposal we have for that is Voluntary Collective Licensing.' The response from the EFF came with a study and a letter written by one irate ASCAP member who donated to the EFF and to Public Knowledge as a result of the ASCAP letter. Public Knowledge also responded to the letter, saying, 'It's obvious that the characterization of Public Knowledge is false. Public Knowledge advocates for balanced copyright and an open Internet the empowers creators and the public. What we oppose are overreaching policies proposed by large corporate copyright holders that punish lawful users of technology and copyrighted works.' Now the National Music Publishers Association has weighed in to support ASCAP, saying that organizations like Public Knowledge and the EFF 'have an extremist radical anti-copyright agenda,' according to a transcript of a speech posted on Billboard. Public Knowledge has dismissed those allegations, saying 'anybody who has spent more than five minutes on our website or talking to our staff knows that these things are not true.'"

335 comments

  1. Ha. by bbqsrc · · Score: 5, Interesting

    It gives me great pleasure when these things escalate, because the more they escalate, the higher chance the media may accidentally make these arguments mainstream, and people might actually wake up and notice how flawed the system currently is.

    --
    Disagree != mod troll.
    1. Re:Ha. by Seriousity · · Score: 5, Insightful

      Indeed, the sheer audacity of the industry giants behaviour has increased over the years and is becoming more and more visible.

      If only we had better coverage of the issue offline. The mainstream media is wroth to anger their corporate overlords.
      But millions of people are discovering the war on freedom through websites online...
      Hence the need for an INTERNET KILL SWITCH!

      Honestly, it's nearing the point where we should physically confront these politicians and smack them upside the head. The farcical pretense of democracy has been stretched so damn far that it might just tear down the middle.

      --
      This post was made in complete sincere seriousity; as such any attempts to derive humour are doomed to instant failure.
    2. Re:Ha. by Yvanhoe · · Score: 2, Insightful

      Exactly. Most people may not understand the intricacies of DRM and its inherent flaws but they can recognize greed when they see it. More importantly, I wish some artists (which by definition have an audience) take some positions. They will determine how this thing ends.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    3. Re:Ha. by dyingtolive · · Score: 5, Insightful

      I shouldn't feed the trolls, but have you tried talking to a normal person about the conspiracy against them? If so, were they an American? They listen to you talk for about five minutes and then the eyes roll back into their sockets and if you're really lucky they continue to sit there pretending to listen to you even though they're just praying for something, anything to actually make you stop going on and on, especially since American Idol comes on in a half hour and all they want to do is run down to McDonalds to pick up a 50 piece McNugget meal before it comes on so they don't have to miss any of it. An individual can't make a difference in this country until they get on the big glowy box the people here venerate like a god. America the Proud, indeed.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    4. Re:Ha. by commodore64_love · · Score: 5, Insightful

      "Ya know that new CD you bought? ASCAP and RIAA won't let you copy it to your iPod."

      "What?!?!?"

      "That's right. They expect you to buy the song twice - once on CD and again for your iPod and then a third time for your computer. It's nuts." - That's how you get people to pay attention.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:Ha. by Lumpy · · Score: 5, Insightful

      Too mild.

      "you know that New CD you bought? ASCAP and RIAA think that you are a stinking dirty THIEF scumbag if you put it on your ipod."

      "They also think you are a complete douchebag that needs to go to jail and be raped if you loan the CD to someone..."

      That is the approach you need to take, it get's attention far more than "they dont want to let you"

      --
      Do not look at laser with remaining good eye.
    6. Re:Ha. by dov_0 · · Score: 1

      It's always a shock when the old guard has to recognise modern techniques or attitudes... In this case, we have the old guard trying to protect their corporate monopoly.

      --
      sudo mount --milk --sugar /cup/tea /mouth /etc/init.d/relax start
    7. Re:Ha. by dgatwood · · Score: 2, Informative

      ASCAP doesn't really have a horse in that race. They don't represent composers or publishers in licensing of mechanical rights.... If they are expressing an opinion at all, they're kind of exceeding their bounds. Either way, they are not a party to such transactions, making their leadership's opinions largely if not wholly irrelevant.

      --

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

    8. Re:Ha. by Jawnn · · Score: 1

      It gives me great pleasure when these things escalate, because the more they escalate, the higher chance the media may accidentally make these arguments mainstream, and people might actually wake up and notice how flawed the system currently is.

      I was thinking the exact same thing, and then I read these words in TFA... "

      Public Knowledge has dismissed those allegations, saying 'anybody who has spent more than 5 minutes on our website or talking to our staff knows that these things are not true.'"

      In sound bite media culture "5 minutes" is an eternity. Thus, real understanding and the ensuing intelligent discussion of the issues is unlikely.

    9. Re:Ha. by richlv · · Score: 2, Interesting

      it seems to be going in the wrong direction. for some reason eff and public knowledge are _defending_ themselves, so they look half-guilty and inefficient.

      calling ascap greedy thieves who are doing blackmail would be more appropriate and effective. couple that with stories of their wrongdoings, and it is more likely to touch the common person.

      --
      Rich
    10. Re:Ha. by Darkman,+Walkin+Dude · · Score: 2, Insightful

      They will determine how this thing ends.

      No they won't, the people with the shekels will decide how this thing ends, as always. And thats not some greedy corporation my friend, that's you and me.

    11. Re:Ha. by sammyF70 · · Score: 3, Insightful

      too optimistic.

      The way this generally goes is :

      "you know that New CD you bought? ASCAP and RIAA think that you are a stinking dirty THIEF scumbag if you put it on your ipod." "hmm ... don't care really. I didn't buy a CD, I have it in iTune. by the way, do you have an idea how I could copy the track to my non-apple mp3 player?" "that's what I'm telling you. they won't let you do it" "yeah yeah ... [ rolls eyes ] ... nothing to do with me. I just want to copy it to my mp3 player. Anyway" double-face-palm

      Face it : most people don't care a bit about copyright issues or changes to the system which might affect them. Sometimes I wonder whether it's because they just don't actually understand the concept. Copying music, movies or games isn't something people give tyo thoughts about. If it works, then great. if it doesn't they'll just bugger any halfway knowledgeable person they know until they can do it, without thinking twice about any legal implication. They just assume that ~something was broken~ and look for a fix. (incidentally, they are right : the copyright system is broken). Many never heard of the RIAA, MPAA and any attempt to explain what ACTA is and how it might be bad for them is met with a sardonic grin and some smartass remark about conspiracy theories

      Another standard line I often hear? "hey... do you know where I can download free music?" "try jamendo.com or archive.org. Some very nice stuff there. Archive even has classic movies and tv-shows!" "hmm ... but nobody I ever heard about, so it sucks. I meant real music!" "nope, sorry. you'll have to pay for it and it's just better known, but not necessarily better. You could try torrents of course, but it's illegal" [their eyes go all glazy just before the mention of illegality. basically they didn't even register the word] "oh ... and how does it work?"

      --
      "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
    12. Re:Ha. by Yvanhoe · · Score: 1

      Actually half the people I told about it were interested. And a surprising high percentage of them had heard about the problems and perceived these as problems. Occasionally some people dismiss you as a crazy leftist, but hey, that's fair. Maybe that is because I am not in America, though. But with the pirate party doing 8% in Sweden and nearly 2% in Germany, it is clear that many people understimate the growing concern about these in the populations.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    13. Re:Ha. by BobMcD · · Score: 3, Insightful

      This. My own wife was one of the rolleyes crowd right up until the WalMart store cancelled all the tracks she had purchased. THEN the lightbulb came on, and she got it. However, she only now checks that they are mp3's, so you couldn't necessarily call her a copyleft champion or anything.

    14. Re:Ha. by haystor · · Score: 1

      Yea, it's far more likely that if MSM were to wake up and mention this issue they would just go with the "extremist radical" tag.

      --
      t
    15. Re:Ha. by dyingtolive · · Score: 1

      I'm jealous in a lot of ways. The percentage of pirates here are probably about 75% of the population. The percentage of people who would support the idea of a pirate party if it were to exist: 1-2%. Americans are lazy and disinclined to take up real causes until it hurts them directly and in a guaranteed manner. Even then, if the news doesn't draw attention to it, people would just assume it was always that way and move on.

      Disclaimer: All statistics are estimated using my ultra-superior futuristic method known as "Bitter Cynic". Still found to be 101% more accurate than R2K.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    16. Re:Ha. by commodore64_love · · Score: 1

      >>>"you know that New CD you bought? ASCAP and RIAA think that you are a stinking dirty THIEF scumbag if you put it on your ipod."

      Likely response: "You sound like that Glenn Beck dude. Stop being so sensationalist."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    17. Re:Ha. by commodore64_love · · Score: 1

      I received three warnings from my ISP to stop torrenting. Now I still do it, but only on private members-only trackers. I'm curious what would happen if I got a 4th warning. Maybe nothing. Verizon seems lax when it comes to restricting users
      .

      >>>"yeah yeah ... [ rolls eyes ] ... nothing to do with me. I just want to copy it to my mp3 player. Anyway"

      I'm sorry friend but if you get caught, you'll be fined $250,000 for every song you illegally copied to a non-apple device. I don't want to see that happen to you. - "Oh come on. I won't get caught." - Yeah that's what a college girl named Jamie Thomas said too, but now she's been hit with a 2 million dollar fine. - "Seriously? 2 million dollars?" - Yep. RIAA is a bitch. (shrug)

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

      "What do you mean won't let me? I just put in in the computer and something comes up and it does it automatically or something, I don't know."

      You can try to scare them, but telling them they can't do something they definitely can do is not the way. They will actually call you a liar. iTunes actually posted a method of moving DRM encumbered files: Burn to disk and re-rip unencumbered. So the average person thinks you're paranoid and an idiot.

    19. Re:Ha. by Anonymous Coward · · Score: 0

      Americans are cud chewing cows staring at their telescreen.
      If the screen doesn't tell them to do it they won't, this is really more of the Boomer generation at fault here, they became complacent.
      Orwell would be proud at his prediction

    20. Re:Ha. by jo42 · · Score: 1

      I don't have any shekels - all I have are pesos.

    21. Re:Ha. by RadioElectric · · Score: 1

      they'll just bugger any halfway knowledgeable person they know

      That's a real good way to lose friends (unless they're into that, I guess)! Do you mean "badger", by any chance?

    22. Re:Ha. by Runaway1956 · · Score: 1

      You are most definitely on the road to cynicism. At least that's what most people call it. I would call it realism. Anything that interferes with the mindless circle jerk in front of the boob tube is bad, in America.

      --
      "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
    23. Re:Ha. by erroneus · · Score: 2, Interesting

      That's an interesting observation. EFF and Public Knowledge are usually defending ideals, not themselves. And defending themselves does tend to make them look guilty of something which is probably the plan since "public opinion" invariably targets "middle ground." By making these accusations and negative assertions, it shifts the perceived middle further away from the freedom-fighting EFF and PK.

    24. Re:Ha. by Anonymous Coward · · Score: 0
      The mainstream media is wroth to anger their corporate overlords.

      If the mainstream media truly were "intensely angry" to anger their corporate overlords, they would probably be shouting this story at the top of their lungs, don't you think? Personally, I think they seem loath to anger the corporate big boys.

    25. Re:Ha. by MightyMartian · · Score: 2, Interesting

      Just remember, corporations are evil, shareholders are evil, and the fact that they often do society a great deal of good should never confuse anyone to the fundamental immorality of these groups. You're average corporate shill would stab you in the back, cut your heart out and eat it if general societal mores weren't in the way. They are deviants that should be controlled, and one way to do this is that when one of them makes this sort of claim, they should be seized and dropped somewhere in the Pacific, preferably with a large number of sharks, as a reminder to all the other corporate sociopaths that society tolerates you so long as you don't try to fuck us over too much.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    26. Re:Ha. by toriver · · Score: 1

      "However, you can download all the pirated games you want to your hacked PSP, since the game industry does not have the lawyers or lobbyist power to actually enforce their copyright: The courts are all swamped with the cases brought by the cocaine-snorter-financing industries anyway.

    27. Re:Ha. by future+assassin · · Score: 2, Interesting

      If you are talking about music artists then most seem to think they automatically deserve to be paid for producing their music while the few that talk back about the tyranny only do just enough to get people to notice but don't follow through with putting their money where their mouth is.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    28. Re:Ha. by Mix+Master+Nixon · · Score: 2

      Honestly, it's nearing the point where we should physically confront these politicians and smack them upside the head.

      Nearing the point? Only in the sense that we're so far past that point now that we've actually circled the earth and it is once again looming on the horizon.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    29. Re:Ha. by Anonymous Coward · · Score: 0

      Well said, but I would have used 'amorality' rather than 'immorality'.

    30. Re:Ha. by DinDaddy · · Score: 1

      The percentage of people who would support the idea of a pirate party if it were to exist: 1-2%.

      I wish. It might be that high if you include teenagers. Of people who can and do vote, though, I'd bet more like .01%.

    31. Re:Ha. by geekd · · Score: 5, Insightful

      Do you know music artists? I am one, and I know a lot of them. I don't know any who think they "automatically deserve to be paid for producing their music". Most are thrilled when they can make a living from their music, but none expect to. Most musicians I know make WAY more money from shows and t-shirt sales than from CD or MP3 sales.

      In fact, many, like myself, give the music away for free (I license it under the Creative Commons) in order to get more fans, so to have more people at shows and sell more merch.

      Get my music for free at http://theexperiments.com/

      Making music is a labor of love, and anyone who does it expecting to get rich is an idiot.

    32. Re:Ha. by sammyF70 · · Score: 1

      nah. t'was the right word alright.

      "the process of wrecking or wearing something out, or making a general mess of things"

      --
      "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
    33. Re:Ha. by Coren22 · · Score: 1

      Just by the fact you were able to correctly deduce the meaning of what he meant to type, this should indicate to you that he got the meaning across even with the typo. Pointing out his error just makes you look like a douche bag, please stop.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    34. Re:Ha. by losfromla · · Score: 2, Interesting

      the fact that they often do society a great deal of good should never confuse anyone to the fundamental immorality of these groups.

      is it really a fact that they do society a great deal of good? Is overpopulation driven by more efficient means of goods movement really a good thing? Is bringing a bunch of black stuff up out of the ground just so we can go to very similar places from where we used to be very quickly also a really good thing? Is destruction of a dynamic ecosystem with use of chemical pesticides and fertilizers a very good thing? Similarly for GMO products whose potential long term deleterious effects were never tested by any government, are they good for society? "Too big to fail" banks and investment companies are good for the society upon whose back their "mistakes" were placed? Unless I missed your sarcasm, I argue that you overrate the value or contributions of corporations to society.

      --
      Only I can judge you.
    35. Re:Ha. by Danse · · Score: 1

      Just by the fact you were able to correctly deduce the meaning of what he meant to type, this should indicate to you that he got the meaning across even with the typo. Pointing out his error just makes you look like a douche bag, please stop.

      It wasn't a typo. He used a word that was obviously the wrong one in that context. Yes, it's possible to deduce his meaning despite that, but pointing out such errors can at least allow the person to get it right next time. That's not a bad thing.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    36. Re:Ha. by BlueStrat · · Score: 1

      I don't have any shekels - all I have are pesos.

      Smart.

      After the US dollar first goes through the massive deflation cycle that's coming in the very near future, hyper-inflation will follow. Your pesos will probably end up being worth thousands of US dollars each. That's assuming that anyone will even be willing to accept US currency after the failed Keynsian chickens come home to roost.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    37. Re:Ha. by IronChef · · Score: 1

      Even that won't work.

      The only thing that will get people's attention is when their new computer won't let them rip CDs any more, with the full weight of Federal PMITA prison behind some new law.

      By then, of course, it's too late.

    38. Re:Ha. by jbell730 · · Score: 1

      You must not be reading the same definition I am.

    39. Re:Ha. by sammyF70 · · Score: 1

      can't be arsed to find where I got the previous one (I think it was google's own "online dictionary"), but here is another one that fits : 2. (tr) Slang chiefly Brit to ruin, complicate, or frustrate :P

      --
      "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
    40. Re:Ha. by hairyfeet · · Score: 2, Insightful

      The problem with the "artists can fight it" theory is this: They gotta eat like everybody else and the gateways are controlled completely by the cartel. Thanks to the corporate whores in government removing what little barriers we had just look at how many radio markets are 100% owned by Clear Channel. I know in my own market you can spin the dial all day and all you will hear is the same CC playlist over and over and OVER.

      My last band had built a pretty decent regional following, especially among the college kids. It actually got to the point we had a couple of DJs call us and say "Would you PLEASE tell your audience not to call us? We are ONLY allowed to play the CC playlist, and since you guys won't sign (we had seen friends get royally fucked by contracts and the record company attitude was "suck it or leave it") it doesn't matter that we actually like your stuff, as we will get fired if we play even a single song that isn't on the playlist."

      So it doesn't matter what the artist wants, as eventually he will have to pay bills just like anybody else. How many of the new NiN songs that were given free did YOU hear on the radio? Because I didn't hear a single one, in fact since Reznor did that I haven't even heard their old stuff played anymore. As long as the gateways of radio and TV are completely owned by the cartel you can give up on artists having any say. If they did then the big ones wouldn't get fucked so hard on their contracts.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    41. Re:Ha. by Eli+Gottlieb · · Score: 1

      Wow, you've got the most massive case of TINA syndrome I've ever seen.

    42. Re:Ha. by Eli+Gottlieb · · Score: 1

      No they won't, the people with the shekels will decide how this thing ends, as always.

      Is that some saying I don't know, or are you Israeli?

    43. Re:Ha. by QRDeNameland · · Score: 1

      You must not be reading the same definition I am.

      So by "Must" you are referring to "the unfermented or fermenting juice expressed from fruit, especially grapes" and by "Reading" you are referring to a city in England or Pennsylvania? News flash: many words have multiple definitions.

      --
      Momentarily, the need for the construction of new light will no longer exist.
    44. Re:Ha. by Drishmung · · Score: 1
      Being a musician is something you do because you can't imagine doing anything else.

      If you are very good, and somewhat lucky, you might make enough to scrape a subsistence living. A very, very few will make enough to live 'comfortably' (or what would be comfortable if they weren't always on the road). But your chances are probably better of being struck by lightning. A statistically insignificant number will become rich and famous. Of those, most will probably be ravaged by drugs and crippling emotional problems.

      Add to this an industry that for some reason seems to attract some of the worst specimens of humanity this side of a war crimes trial and you seriously wonder why there isn't a Surgeon General's warning on every musical instrument. (I'm not necessarily referring to the musicians here by the way, but to the rest of the industry, and these people may only be a leaven, but nevertheless they seem to be disproportionally represented).

      A musician I know of retired from his band and took up commercial fishing. He describes being at sea in a storm, hauling in nets; bitterly cold; hands cut to pieces; in significant danger; and being violently seasick. At which point he decided the music business might not be so bad after all.

      Really, musicians do it because they are driven to it---and the world is a far better face because of it. They do it because they love it.

      --
      Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
    45. Re:Ha. by noidentity · · Score: 1

      Indeed, the sheer audacity of the industry giants behaviour has increased over the years and is becoming more and more visible.

      Oh come on, there's nothing audacious about calling YouTube a criminal enterprise that intentionally uses consumers and children as human shields to deter the enforcement of federal rights and drive law-abiding competitors out of the market by using mass piracy as 'start up capital for their product, nothing at all.

    46. Re:Ha. by Darkman,+Walkin+Dude · · Score: 1

      Call it the golden rule - he who has the gold makes the rules.

    47. Re:Ha. by RadioElectric · · Score: 1

      Yeah, but which one you're addressing depends on the context. Here in the UK you can "bugger" somebody's plans, or you can "bugger up" a computer - which will take one meaning - but you can't talk about "buggering" a person without eliciting giggles.

    48. Re:Ha. by Eli+Gottlieb · · Score: 1

      Yes, I've heard that version. I was wondering how sheqels got into it.

    49. Re:Ha. by Darkman,+Walkin+Dude · · Score: 1

      Kind of a prick, incha.

    50. Re:Ha. by Eli+Gottlieb · · Score: 1

      Where did that come from?

  2. ASCAP is by Wowsers · · Score: 1

    ASCAP = All Sound Cr@p Always Prevails .....?

    --
    Take Nobody's Word For It.
    1. Re:ASCAP is by Anonymous Coward · · Score: 0

      Too complicated.

      Just call them ass-crap and be done with it.

    2. Re:ASCAP is by Moryath · · Score: 5, Informative

      No, it's easier than that.

      AS = Ass.
      CAP = Hat.

      They're just a bunch of asshats. I don't think there is an actual composer or author left in the group; ASCAP years ago drove anyone with any common sense into either individual publishing and licensing, or the arms of rival groups.

      I mean seriously. These are the same group of dickfaces who tried to sue 5-year-olds for singing songs at summer camp. No joke.

    3. Re:ASCAP is by HeckRuler · · Score: 2, Informative

      eh, they're just a bunch of asshats.

  3. Personally, I do have a radical agenda by Lord+Bitman · · Score: 4, Insightful

    I think that copyright should exist to promote the creation of content. Once the money involved in creating that content has been paid, copyright should automatically expire.

    This isn't just about money. It's gotten to the point where I can't go a month without hearing someone mention something they'd like to do, or would like to track down, or would like to show others, but can't because of short-sighted copyright laws. How many books, movies, TV-shows, radio plays, and other content, is irretrievably lost for all time, not because of a lack of technology or willingness required to preserve it, but because of some insane and nonsensical copyright laws which prevent archival of content whose monetary incentive was long-since paid? This must end. Culture is dying.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
    1. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 1, Interesting

      Almost nothing is lost in modern societies where there are publicly funded institutions that have the job of preserving works, so that they can be studied and eventually enjoyed when they pass into the public domain. I.e. when hell freezes over.

      The problem is not that works are lost, the problem is the part about hell freezing over before anything passes into the public domain.

      Copyright would basically work as intended if it was limited to about 15 years and if it was enforced only by the police and never by made-up private police forces.

    2. Re:Personally, I do have a radical agenda by Yvanhoe · · Score: 2, Insightful

      We lost many of 19th century plays because on the beginning of the 20th century they refused to be recorded (yes, copyright law). We lost many movies of the first part of the 20th century, save for a few blockbusters. Most books are not edited anymore, but copying them instead of letting the content die is forbidden. They fight for copyright, we fight for culture. Yes we indeed have an agenda, and they have none, save personal greed.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    3. Re:Personally, I do have a radical agenda by betterunixthanunix · · Score: 4, Interesting

      Once the money involved in creating that content has been paid, copyright should automatically expire.

      It sounds to me like you are unfamiliar with Hollywood Accounting. Have you ever wondered how the MPAA can claim that the companies it represents keep losing money, yet somehow those companies never seem to go out of business? The movie studios never post profits, because they deliberately spend money on nonexistence services -- they have contracts with shell companies that simply hold their money and use it to fund the next movie. The purpose here is to cheat actors out of their fair share of the profits. Any copyright system that maintained monopolies on works up to the break even point would only result in even more widespread use of these tactics.

      Really, copyright terms should be shortened, reined back to 20 years, maybe even less. This would be a compromise that helps establish a strong public domain without eradicating copyrights entirely. Of course, that will never happen, since the copyright lobbyists have more power in congress than the rest of the population...

      --
      Palm trees and 8
    4. Re:Personally, I do have a radical agenda by CrashNBrn · · Score: 1

      The worst to my recollection would be WKRP in Cincinatti. The company that wound up with the rights to the show was unable to reach a reasonable deal for the music rights (possibly ASCAP et al) -- so all the shows (originals IIRC) were dubbed with other tracks.

      In the 80s (and early 90s) at least, I know the CBC still had originals - though doubtful they would be allowed to air them if they still did.

      You certainly cannot buy the DVD's as they originally aired.

    5. Re:Personally, I do have a radical agenda by wolverine1999 · · Score: 1

      Also you can't translate a work into a language with not so many speakers as english, as a result, as it would not be commercially viable.

      Only free stuff or very old stuff gets translated.

    6. Re:Personally, I do have a radical agenda by Twinbee · · Score: 2, Insightful

      Maybe we should all discuss the most appropriate expiration for copyright (say 10 to 30 years), and then create a website and try to change copyright to the new limit.

      --
      Why OpalCalc is the best Windows calc
    7. Re:Personally, I do have a radical agenda by dgatwood · · Score: 2, Informative

      That's unrelated to ASCAP. ASCAP does not have any part in negotiating synchronization rights. Those are negotiated individually between the composer, the publisher, and the company wanting to do the synchronization. All ASCAP can do in the matter is provide contact information for the publisher and composer.

      The problem is not unusual. Most TV shows don't pre-license the rights for subsequent DVD release, and when they decide they want to do so, the publishers feel like they have them over a barrel, and try to extort as much as they can out of them. Ultimately, this is all caused by the short-sightedness of the TV show producers not getting the license agreements in place up front. Had they done so, they might have chosen different music in some cases, but they would not have needed to change things between broadcast and DVD release.

      --

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

    8. Re:Personally, I do have a radical agenda by mcgrew · · Score: 4, Insightful

      Art, like science, is built on what has come before. Nothing is created in a vacuum; culture feeds on itself. If the Grimm Brothers' work had still been under copyright at the time, most early Disney cartoon could not have been made. This journal is a violation of copyright, for example, but it shouldn't be; the copied part is 35 years old. Copyrights should be short so the work can pass into the public domain, like they are supposed to.

      ASCAP and their ilk are against fair use and the public domain. Who's the radical extremist here?

    9. Re:Personally, I do have a radical agenda by PeterWone · · Score: 2, Insightful

      Twenty years? Five years, for movies. Seriously, five years later a movie only gets played on TV if

      • It's cheap because it's rubbish
      • It's awesome and can support ten minute ad breaks all through it

      If a movie is so awesome it can support ten minute ad breaks all through it, then arguably it is a cultural icon and should move to the public domain.

      Music is a little different. The chances of repeat play are much much higher.

      I could go off on a long rant but the long and the short of it is that the value of music companies to society was the services of distribution and promotion. Google and youtube have reduced the sell price of these services to zero, so the commercial value of music company services is close to zero. In a free market economy they would have gone broke five years ago and rightly so.

    10. Re:Personally, I do have a radical agenda by Garwulf · · Score: 2, Insightful

      That tears it - I want to see your sources.

      I'm sorry, but I actually work in the publishing industry, and I own a publishing company, and I think you're talking through your ass. So, I'm calling bullshit on these claims.

      Aside from which, not only are most books edited (that's a key part of the publishing process), but whether they're edited has no bearing whatsoever on whether you can copy them. That's faulty logic on the level of South Park's Chewbacca defense.

      So, provide your sources, or stop making the claims.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    11. Re:Personally, I do have a radical agenda by Ryand-Smith · · Score: 1

      Once the money involved in creating that content has been paid, copyright should automatically expire.

      It sounds to me like you are unfamiliar with Hollywood Accounting. Have you ever wondered how the MPAA can claim that the companies it represents keep losing money, yet somehow those companies never seem to go out of business? The movie studios never post profits, because they deliberately spend money on nonexistence services -- they have contracts with shell companies that simply hold their money and use it to fund the next movie. The purpose here is to cheat actors out of their fair share of the profits. Any copyright system that maintained monopolies on works up to the break even point would only result in even more widespread use of these tactics. Really, copyright terms should be shortened, reined back to 20 years, maybe even less. This would be a compromise that helps establish a strong public domain without eradicating copyrights entirely. Of course, that will never happen, since the copyright lobbyists have more power in congress than the rest of the population...

      Movie companies do go out of business, see MGM http://en.wikipedia.org/wiki/MGM imploding violently. It is just rare as most companies make enough money to still run. Please do not say all companies cheat or use shells, the reason why only making 20 million on say a 10 million dollar film is bad is the way investors work. In a movie you need to pay for Advertising, Actors and Investors. Investors get first cut of the profits, then Actors/Directors, and finally you pay off the ad budget in accounting. Its a simple way of accounting for all the expensive, budgets are separated into pure costs (say 10 million), then bonuses/percentages of gross, and finally paying off separate fees (Ads, legal, the electric bill, etc) I am an accounting minor, so they make us learn all of these horrible things, but they make the world go round. Copyright is too long though, blame the Mouse and International Copyright expanding, leading to a perfect storm of CC being needed to prevent the total loss of copyright for anyone under 82 years old.

    12. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 1, Insightful

      7 years max. There's hardly a company that would make an investment if it didn't pay itself back within 7 years. Quite a few refuse to look beyond 3.

    13. Re:Personally, I do have a radical agenda by Garwulf · · Score: 1

      I can tell you don't work in the creative industries - in general, it's not copyright that determines longevity of a work, but economics of demand.

      Basically, it works like this - so long as a work is a steady seller, the distributor keeps it in print. Once the demand drops to the point that it's no longer worthwhile, the work goes out of circulation. Copyright actually serves to help give the work a fighting chance, as the rights owner gains nothing by having the work out of circulation, and has good reason to champion it - once it's in the public domain, unless it has stood the test of time, it has no champion and truly is lost.

      Some works do very well - for example, I don't think the Sherlock Holmes stories have ever been out of print. But, most works tend to last less than twenty years. There are some works that regain some popularity due to being discovered after the creator's death (such as the poetry of William Blake), and there are even some works that honesty do get rescued once they're in the public domain (although I can't actually think of any off the top of my head), but those are by far the exceptions.

      So, I'm sorry, but it isn't copyright laws causing material to be lost, but just plain old cultural attrition. Our culture keeps the stuff it likes, and gets rid of the rest over time. That's just the way it works.

      And by the way, culture is NOT dying. The health of a culture is based on what is being created in the present, not what was created in the past, and Hollywood's unoriginality notwithstanding, we're actually in a cultural boom right now.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    14. Re:Personally, I do have a radical agenda by Yvanhoe · · Score: 5, Interesting

      Sorry, I made an English mistake. I didn't mead edited, I meant published. Most books ever written are not published anymore and can't be bought anywhere anymore. Ok, here is one quickly-found source : http://bookstatistics.com/sites/para/resources/statistics.cfm
      That states that in Canada there are more original titles published every year than reprints. Apart from having a number of titles doubling every year, the only explanation for that is that some (most in fact) books go into oblivion after their first print (I mean, is there a single person claiming that the majority of books are reprinted several times ?)
      It happened to me several time to pick old books on garage sales, and when liking it, looking for books of the same author. When the book is 50+ years old, it is incredibely difficult ! There is one author that I liken to Saint-Exupery, but with more humor, that is completely unknown and unpublished as of today. Thanks to internet, it is now possible to find used copies, but for how long ? The one I have is losing its yellow pages.
      Even famous people like Henri Laborit have some of their works unfindable today. (I am willing to pay twice the normal price if you find me the book "La Nouvelle Grille"). And don't get me started on comic books and roleplaying games (Amber, Circus, Bitume, Starwars D6, very good games out of print for other reasons than lack of success). Current copyright laws may allow some authors make a living, but they are also erasing a volume of culture that should qualify as "vandalism against humanity". That is something that is important to correct.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    15. Re:Personally, I do have a radical agenda by tbannist · · Score: 1

      WKRP, for example, aired before VCRs became popular in North America. I don't think you can blame their not having made arrangements for DVD reproduction rights on "short sightedness". The show is over 30 years old, it's past time for the copyrights to expire on the music played in the background of the show.

      --
      Fanatically anti-fanatical
    16. Re:Personally, I do have a radical agenda by Neil_Brown · · Score: 3, Interesting

      Most books are not edited anymore, but copying them instead of letting the content die is forbidden.

      I too did not understand the editing point. However, if one replaces "edited" with "published", then it makes more sense - only a fraction of the literature that has even been written is still published or sold - there are many, many works which one can no longer buy, otherwise than finding a copy in a second hand bookshop or the like.

      However, despite these works not being available on the market (i.e. the knowledge within the works cannot be further disseminated to society), it remains an infringement of copyright to copy them - copying them, making their otherwise-unavailable content available once again, is forbidden, in favour of the letting the work, and its knowledge, die away (at least until the term of protection of copyright expires).

      I suppose that some would look to promote a claim of "moral rights" - that the author should be permitted to allow the book to sit, unavailable, after a limited print run, although I struggle somewhat with this, if protection really is granted for the advancement of learning, society and knowledge. Were the law to provide proceeds of resale to authors, then, I could understand this more (i.e. that, by maintaining artificial scarcity, the price of the few copies available is artificially elevated above that which would be supported in a market in which the number of copies was not restricted, with the author receiving part of each onwards sale), but, it does not - otherwise than a feeling of control, does an author really benefit, if he has no plan to reissue the work? (I appreciate that this is what some do- in particular, media companies which periodically release, then withdraw, their works, so that, when re-released, a new generation buys them, having previously been unable to do so.)

      (I do not necessarily support a system based on this practice, but merely could understand the claim against copying unavailable works more if it were the case.)

    17. Re:Personally, I do have a radical agenda by Bakkster · · Score: 1

      Any copyright system that maintained monopolies on works up to the break even point would only result in even more widespread use of these tactics.

      And there's no good way to determine that point for independents or freelancers. What living expenses should an independent artist consider for his break-even point? Only those while he was actively writing? How does he make money if the best he can hope for is to break even?

      Sure, that may be a case for copyleft, but it would simply encourage more artists to belong to these huge multi-national corporations. We've already established that they're bad, so this idea is a no-go.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    18. Re:Personally, I do have a radical agenda by JoeMerchant · · Score: 1

      "Loss of culture" isn't necessarily a bad thing. The collective memory shouldn't have to carry every episode of I Love Lucy forever, most things should fade into obscurity. I'm not saying that copyright law is good or a necessary tool to make this happen, but if every third grade play ever made is recorded, archived, indexed and readily available to whomever wants to do a PhD thesis on evolution of the third grade perspective of Jack and the Beanstalk across the centuries... is that really the highest and best use of anyone's time?

    19. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      What a nonsense, without copyright they may not stay in print as long (may, it's quite feasible to do rather small print runs nowadays when there's for some reason a known demand locally and you don't need to start a 5-month contract negotiation to get permission) but they can be easily archived and distributed digitally at minimal cost and requires only a single person to once scan and OCR the text (no, that won't be commercial quality but that does not matter that much).
      Unless you really think there is no significant amount of works without a business case to create new digital editions/reprints but at least one motivated owner with a scanner and time.

    20. Re:Personally, I do have a radical agenda by Garwulf · · Score: 2, Interesting

      Seriously, where the hell do people get this idea of creative artists sitting on their work like evil geniuses, expressly to prevent somebody else from using it? That's not the way it works. Hell, I challenge you to name one author who has done it, just one.

      As far as availability goes, that has to do with economics of demand. So long as the demand is present, the book is available - it does the publisher and its author no good if it's sitting in a vault. Once the demand goes away, the book goes out of circulation. Most books do not stand the test of time, but that's cultural attrition, not copyright. Even if copyright was only for twenty years, most books would still go out of print and stay there. At least while a book is in copyright, it has somebody to champion it and try to keep it in print.

      And, just because Disney does this with their DVD releases of movies, it doesn't make it the general rule.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    21. Re:Personally, I do have a radical agenda by Garwulf · · Score: 1

      Excuse me, but most of your complaint has to do with cultural attrition, not copyright. Shortening copyright would have no impact on whether those books are available at all. Why? Because the demand for them died and never returned. That is what happens to most books. The books that survive the test of time are the minority, and that is how it has ALWAYS been, even before longer copyright terms.

      And, might I remind you, authors are not evil geniuses cackling as they put their works into vaults so that nobody can ever read them - they're generally their own work's best champions.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    22. Re:Personally, I do have a radical agenda by fedos · · Score: 1

      I believe that copyright should be a license to the creator of the content for exclusivity to profit from said content. To obtain copyright, one must have a birth certificate or equivalent documentation (i.e. corporations can not hold a copyright license). No one will be permitted by law to use the content without the consent of the copyright holder during the lifetime of the copyright, except under fair use exceptions.

      The term for the copyright will be determined by the type of media. Books and music could be copyrighted for as much as 15 or 20 years, software copyright would be limited to 5 years.

      We need to end the corporate ownership of ideas and the "lifetime + x years" copyright terms.

    23. Re:Personally, I do have a radical agenda by Yvanhoe · · Score: 3, Insightful

      The demand did not die, the demand went below the threshold of rentability for published book. Digital copies however, cost close to nothing in comparison. Making it illegal to keep and exchange them is really causing these things to disappear. Most of the people have an unused space on their disks that could store the totality of published text in the first half of the 20th century. Space is really cheap, much cheaper than publishing a book.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    24. Re:Personally, I do have a radical agenda by Neil_Brown · · Score: 3, Interesting

      Seriously, where the hell do people get this idea of creative artists sitting on their work like evil geniuses, expressly to prevent somebody else from using it? That's not the way it works. Hell, I challenge you to name one author who has done it, just one.

      I'm sure it's not the general rule at all - I talk to authors regularly (mainly to say thank you for books I enjoy, but also as part of research), and I have yet to come across any who would sit on a work, as you suggest, to prevent publication. Disney, as you say, sounds like the exception - but a powerful one - although, since I have only spoken with a small sample of authors, I could not be sure that there were not more. That being said, many authors are keen to exploit the monopoly of control granted by copyright - relatively few authors dedicate their latest book to the public domain.

      But, the system, if not the authors, does not support the making available of books once the initial rush has died down - as you say, it is a matter of economics as to what gets published. However, if it is no longer economic to publish, then the author no longer makes any money from sales (since the books are not available to buy new, once stocks are depleted), and so it strikes me that there is very little reason to maintain a restriction over the book.

      However, perhaps the author is not the person capable of making the decision - that the decision for this kind of release is reserved to the publisher, either under the agreement to publish, or else by assignment of the copyright to the publisher. Perhaps if the author were to retain the rights to reissue the work under his own terms once publication ceases, we would have a far healthier system of older books and works. Or, better still, divest the work to the public domain once the book is no longer published, although this is likely to raise the not-inconsiderable hackles of those who do want to use control as a mechanism for raising price / sustainability. The strength of opposition to Google Books suggest that at least some publishers and/or authors are against making texts available.

    25. Re:Personally, I do have a radical agenda by Neil_Brown · · Score: 1

      is that really the highest and best use of anyone's time?

      Is too much in the public domain really a problem? Even if it is, it is a bad problem (i.e. a menace), which should be prevented, or one which simply requires additional creativity in terms of searchability, indexing etc., to separate the wheat from the chaff (i.e. a challenge). Both menaces and challenges are problems, but perhaps necessitate different responses.

      That some works which some find less desirable / useful today does not, to my mind, form the basis of a good argument that "most things should fade into obscurity".

    26. Re:Personally, I do have a radical agenda by mattsucks · · Score: 2, Insightful

      As far as availability goes, that has to do with economics of demand. So long as the demand is present, the book is available

      How do you know there is demand for a book (ie people are interested in it and will read it) if there is no supply?

      Chickens and eggs; although in this case the eggs can be made available for pennies each in digital form.

      Mmmmm digital eggs .... need breakfast.

    27. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      Maybe I can give the WKRP folks a break because of when those shows were produced; certainly the greedy publishers bear some portion of the blame. More recent shows, though, have no excuse.

      We got our first a VCR not long after WKRP first aired. It was definitely a rapidly growing market even then, though it was only about 0.05% of U.S. households at the time. The movie producers at that time were almost certainly thinking about it. The first commercial movie released on VHS was way back in '76. I don't think it had anything to do with the popularity of home video.

      I think it was more that nobody believed at the time that there would ever be a real secondary market for buying copies of a TV show that they gave them away for free over the air. That market didn't really become practical until the advent of the DVD. (Imagine a season of a one-hour show on VHS tapes that only hold two episodes apiece at SP speed. We're talking about a dozen tapes or more.) Add to that the fact that people could just tape them off the air, and I suspect most people wouldn't have even considered the possibility that people would willingly pay money for a copy of a whole season of TV shows.... That's a lack of foresight on the part of the industry as a whole.

      --

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

    28. Re:Personally, I do have a radical agenda by Garwulf · · Score: 2, Insightful

      "But, the system, if not the authors, does not support the making available of books once the initial rush has died down - as you say, it is a matter of economics as to what gets published. However, if it is no longer economic to publish, then the author no longer makes any money from sales (since the books are not available to buy new, once stocks are depleted), and so it strikes me that there is very little reason to maintain a restriction over the book."

      So, let me get this straight - you're actually saying that once the sales for a book die down, you'd strip the author of the right to try to get it started up again?

      Now, I imagine you're about to say that I'm putting words in your mouth, but I'm really not. You are talking about dropping a book into the public domain once the sales are no longer enough to keep it in print, and in order to do that, you have to strip all rights the author has to their own book away. So, if the author wants to try again, they can't - the book is in the public domain, and they no longer have any say in the matter.

      And, by the way, most book contracts have the author retaining the copyright - the author is free to seek another publisher once the contract has terminated, and can publish on their own terms, as you put it. The opposition to Google Books had far more to do with them failing to ask anybody for permission first, and then trying to set themselves up as a bookstore in their own right, which broke just about every publication contract any of the publishers and authors had signed.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    29. Re:Personally, I do have a radical agenda by Garwulf · · Score: 1

      They're called sales figures. There is no "chicken and egg" about it.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    30. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      You're right that copyright holders do what they can to keep their works available. However...

      Even if copyright was only for twenty years, most books would still go out of print and stay there. At least while a book is in copyright, it has somebody to champion it and try to keep it in print.

      True, unless there is a medium in which a book can be stored and made available at almost no cost...

      Maybe one could even implement a voluntary donation system to donate money to the (living) authors of public domain books. Getting $100 a year from random donors probably beats getting $0 from a book that is out of physical print.

    31. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      If the Grimm Brothers' work had still been under copyright at the time

      Er, sorry, but they published a collection of folk tales; they didn't create any.

      I've got the first English translation of 1823 by the way. Worth reading. The stories were cleaned up for the modern British audience, a process we call 'Disneyfication' now. But the translators included considerable notes about what they changed and why. See if you can pick up a copy. (Mine's a 1948 Puffin paperback. Too delicate to scan, alas. I'm not sure who's got it in print today.)

    32. Re:Personally, I do have a radical agenda by Garwulf · · Score: 1

      "Making it illegal to keep and exchange them is really causing these things to disappear."

      Considering that a small print run can be as little as 400 copies, sorry, that's not true. What causes them to disappear is lack of interest by readers. Disenfranchising creators and their families won't change that one bit, and a forgotten book in the public domain is just as gone as one in copyright.

      It's called the test of time. Some books make it, some don't.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    33. Re:Personally, I do have a radical agenda by Neil_Brown · · Score: 2, Interesting

      You are talking about dropping a book into the public domain once the sales are no longer enough to keep it in print, and in order to do that, you have to strip all rights the author has to their own book away. So, if the author wants to try again, they can't - the book is in the public domain, and they no longer have any say in the matter.

      No, you are not putting words into my mouth - that was exactly what I was proposing in the post above.

      The fact it is in the public domain does not stop the author from republishing it at all, since not everyone wants to download a copy, or use a print-on-demand facility, but it does mean that those who want it, but cannot get it through normal sales channels, since it is no longer available, can do so.

      all rights the author has to their own book away.

      I think this is probably the crux of the difference in our views - I struggle with the notion that the law should grant a property right, enabling ownership, of something intangible like a story, or contents of a book. The physical book, yes; the content, no. Perhaps some form of right over what someone produces is a necessity, perhaps it is not - I've yet to see sufficient evidence to be persuaded either way on this, but I do not consider there to be an intrisic (i.e. non-positive law) right, such as ownership, afforded to the developer of an intangible.

    34. Re:Personally, I do have a radical agenda by jythie · · Score: 1

      I do not know about books, but in video this is actually pretty common. The author does not sit on works, but the studio that bankrolled the video often does. They have a few different reasons they site... one is that 'someday' it might be valuable thus they do not want to dilute it by making it available (i.e. pent up demand).... another is that it can be a career destroying embarrassment to let a work slip out and become more successful under someone else's control. Executives would rather see a movie/series/universe die in the vaults then let someone else potentially upstage them.

      Going back to books, the problem with demand is that the cost of publishing and distribution is fairly large, thus it has to be a fairly high demand. Not only that, but it requires someone internal to the publishing house advocating the works, so even books that have demand get skipped over because there is no way to communicate the real level of demand the publisher. Looking at how active used book selling is, it is trivial to find demand for various books, but it often is not enough to call for a reprint.

    35. Re:Personally, I do have a radical agenda by jythie · · Score: 1

      Daria was the same way. After many years they finally released the series on DVD, but they stripped out all the music and cut an entire episode. Originals are still floating around the torrents though.

      It is kinda sad when the 'free' version is not only cheaper but is actually a superior product.

    36. Re:Personally, I do have a radical agenda by Golddess · · Score: 1

      Being required to and, should someone want to, being allowed to do that archiving are two entirely different things. I believe GP is referring to the latter.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    37. Re:Personally, I do have a radical agenda by Garwulf · · Score: 1

      It disturbs me just how easily you talk about taking somebody's rights away. And frankly, that "intangible property" doesn't seem so intangible when you've spent months working on it.

      How about this - take the time and effort to write a book of your own. Spend some time dealing with publishers, get it published. And THEN see what you think about how intangible it is.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    38. Re:Personally, I do have a radical agenda by jythie · · Score: 2, Interesting

      Ahm,... no.

      Copyright prevents non-profit archiving and redistribution of the unprofitable works. There is a huge gap between 'not work printing more' and 'no one wants'. For a trivial example, look at all the torrents (or for that matter, ebay auctions) for TV shows that the owners do not consider worth reprinting but the viewers consider valuable enough to obtain and distribute themselves... or even make bootlegs and sell them on ebay. It is not hard to find instances where economic demand exists but the rights owners still do not consider it profitable enough to redirrect their limited resources into.

    39. Re:Personally, I do have a radical agenda by mattsucks · · Score: 2, Insightful

      How can there be sales figures for an out-of-print book?

      The content has to be available for there can be any "sales", but there have to be "sales" before the publishers are willing to continue making the content available. That's why I went for chickens and eggs.

    40. Re:Personally, I do have a radical agenda by betterunixthanunix · · Score: 3, Insightful

      Please do not say all companies cheat or use shells

      I did not say all companies cheat or use shells. I said that major movie studios do, because they do. The author of Forrest Gump the novel was entitled to a share of the profits from Forrest Gump the movie. He should have been given a check for a very large sum of money, given the overwhelming commercial success of the movie, but he was never paid a dime -- the profits were converted into a net loss by the movie studio, by using the sorts of tactics I described. This is not the sort of business practice that "makes the world go round," it is deliberately reporting a loss despite the fact that a profit was turned, in order to deny someone the money they were legally entitled to under the current copyright system.

      These same companies, of course, point to the suffering of the people they cheat whenever the issue of file sharing comes up.

      --
      Palm trees and 8
    41. Re:Personally, I do have a radical agenda by Garwulf · · Score: 2, Informative

      Well, I've got to concede the movie stuff to you - frankly, the studio system is insane.

      I'm afraid you're wrong about the publishing, though. The price of distribution isn't actually that high - generally, it's placed in the hands of a wholesaler such as Ingram (that's how I get the distribution for the books my company publishes). And, particularly when you're dealing with large print runs, the printing cost per book is pretty low.

      (For that matter, in a lot of cases, most of the costs of the book occur before the book goes to the printer, as far as I can tell.)

      As far as internal advocates go, that's not really the way it works either. In the publishing companies I've worked with (Osborne/McGraw-Hill and Pocket Books), there is an acquisitions editor who is basically a gatekeeper, making sure that only the best possible books get in (in theory). Then, those books the gatekeeper lets past are reviewed by an editor, or sometimes a committee, to see if they're a good investment. Having a contact on the inside can be helpful at times, but the actual system in general tends to judge somebody based on their writing skill more than their contacts.

      (Although, for the life of me, I cannot explain how Terry Goodkind got through. I wish I could, but I can't.)

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    42. Re:Personally, I do have a radical agenda by Yvanhoe · · Score: 1

      400 copies for a book that will be sold about 10$ and that represent something like 500 KB of data. I am telling you that we can save books that are worth half a cent, you tell me a book has to be worth at least $4000 to be kept alive. Every household has more memory available than the great library of Alexandria yet we limit our information to be the size of our bookshelves. It is like it is burning again every day. Yes, it is a known phenomenon, but don't you agree that this is a preventable and a bad thing ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    43. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      There's hardly a single independent composer, author, or songwriter who would make a living if copyright ended within 7 years. A copyright term that short would eliminate any real incentive for non-corporate creation of works, resulting in a massive reduction of creative diversity.

      Case in point: right now, I'm in the early stages of writing the third book in a trilogy in my spare time. I'm waiting to publish until the third book is finished. With a seven year copyright duration, the first book would be out of copyright, and a portion of the second would be. Even if I had started soliciting publishers immediately after finishing the first book, it can take six months for a publisher to get back to you. It doesn't take many rejection notices at all to run out that seven year copyright, and then you would be screwed. More to the point, the publishers would know this and could readily wait it out, then publish your work seven years later without compensating you.

      Perhaps you meant seven years after first publication. That might be acceptable, again, for large publishing houses, but for anyone considering self-publication, seven years doesn't cut it. Your income is down in the long tail from the very first day.

      I'd be okay with works of corporate ownership (works for hire, etc.) having a shorter duration than works owned by an individual. Indeed, that's the way it probably should be, since works for hire have a budget behind them and thus have a shorter time to market and better initial sales due to advertising. I don't think seven years is even remotely appropriate for works created by an individual.

      A more reasonable copyright scheme is:

      • Unpublished works: lifetime of the author plus 25 years. (This allows heirs to publish works after the author's death that could not be published in the author's lifetime for various reasons.)
      • Unpublished works for hire: 10 years. (Face it, if a company fails to publish it in that time, they never will.)
      • Published works: 14 years renewable for 14 years, beginning on the day the first copy is distributed publicly (not counting pre-release review copies).
      --

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

    44. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      That's only true for major Hollywood blockbusters. Indie movies can make much of their money many years after their first release. Remember that any copyright law changes have to be fair to the smaller players, too.

      --

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

    45. Re:Personally, I do have a radical agenda by raddan · · Score: 1

      It's pretty simple. A book stays in the distribution channels until it is no longer profitable. There is a clearly defined cutoff that warehousing/operations people have-- these things are precalculated before the book even hits the shelves.

      The whole business of book distribution is complicated. Did you know that book sellers get to return unsold copies to the publisher? Publishers are legally obligated to take these back and revise their sales figures-- this means the risk is on the publisher, not the book seller. But this also means that publishers know exactly where the break even points are.

      On-demand publishing is changing this somewhat, because publishers can't print smaller quantities and still be profitable, but they still have to deal with all the aforementioned stuff. Nearly every publishing house that isn't a mom & pop operation does a great deal of market research to determine demand. It's not perfect, but-- it's the best they can do short of printing a shitload of books and losing money on them. Losing money is bad.

      (Disclaimer: I work for a publisher)

    46. Re:Personally, I do have a radical agenda by langelgjm · · Score: 1

      Copyright actually serves to help give the work a fighting chance, as the rights owner gains nothing by having the work out of circulation, and has good reason to champion it - once it's in the public domain, unless it has stood the test of time, it has no champion and truly is lost.

      If this were always true, there would be no such thing as orphan works.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    47. Re:Personally, I do have a radical agenda by toriver · · Score: 1

      Obviously you are in the throes of the entertainment industry yes: Demand did not die, it just dropped below a level where it would not be profitable as an industrial product.

      If demand had actually died, why wasn't it released to the public domain where cultural produce belongs?

      You are a luxury animal, an author who makes money doing basically useless tasks for money instead of serving society by being a nurse, carpenter or having some other useful trade. Get a real job instead of living off government monopolies!

    48. Re:Personally, I do have a radical agenda by bzipitidoo · · Score: 2, Insightful

      Basically, it works like this - so long as a work is a steady seller, the distributor keeps it in print.

      You mean, it used to work like that. It shouldn't still work like that, but the monopolists have been doing everything they can to stop progress.

      once it's in the public domain, unless it has stood the test of time, it has no champion and truly is lost.

      Now it's our turn to call b.s. What do you think libraries are for? You don't mention them at all, as if you want to forget about them. Which would conveniently make the publishing industry the only repository of content.

      And I'm not talking only about libraries as you know them. We very much need to move to digital libraries, but it isn't legal to do so. Can you not see the huge, huge savings to be had by going digital? No more tracking of loaned out books, as there'd be no need. No more fines for being late. No more being late at all. No need to have multiple copies. The space savings is incredible. Just look at the physical. One average sized paperback book is about 500 cc of paper. A digital device less than 1 cc in size can hold thousands of books. Distribution costs are negligible. Preservation would be easier. We want to digitize everything we still have, as yet another and perhaps the best yet means of preventing works from being lost forever. Obviously there'd be no need to physically travel to the library. Then there are the wonders of searchability. No more fumbling through stacks of paper to find a quote. Google maybe has the power to offer such a service to the public over your strenuous objections, but that's the last thing we need-- another big corporation that could monopolize information.

      You publishers are crazy. Being businessmen, I expect you do see all these wonderful savings if only dimly. But you sit there and moan that you can't do it because of piracy and the lack of good DRM! And you don't seem to get that copying (or piracy as you insist on calling it) is at the center of the savings. It most certainly can be done. And it will be done. Forget DRM, it doesn't work and it can't work. And get over piracy, you'll never stop it. Time you quit demonizing copying and accept that sharing is beautiful. You trolls can't hold us back forever. You'd better get with it, or some day you will find that it's been done without you.

      culture is NOT dying.

      Right, culture is not dying, but that's little thanks to vultures like the typical publisher. If I want to read what Darwin, Newton, or Lincoln actually wrote, I can, thanks to things like Project Gutenberg and not traditional publishers. Obtaining a printed copy of such things might be easy or nearly impossible. But just finding out that much could be a lot of work. If I want to find out what's hot, I'd look at Pirate Bay long before the Top 40. (Is Top 40 still relevant? Haven't noticed it or gone looking for it for many years now.) Some of the best music of recent years is to be found in video games. What a mess to obtain a legit copy of a song made for a game. And, as you say, Hollywood is in a rut.

      Culture is indeed booming, thanks to technology having lowered the barriers. Now anyone can publish, for free! Recording is cheaper than ever. Getting heard above all the noise is the main problem.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    49. Re:Personally, I do have a radical agenda by Neil_Brown · · Score: 2, Insightful

      It disturbs me just how easily you talk about taking somebody's rights away

      As above, we see things very differently - you see a right in your written work. I don't see that such a right exists - that there is, or should be, such a thing as a common law copyright. As such, I don't see it as taking rights away from you, but simply not awarding you rights which you would not naturally have, or awarding them on a different basis, or with different content etc. Copyright is a gift, or reward, or incentive, depending on how it is construed, but, however it is construed, it is a creature of positive law.

      If there were a natural right, the framers of the US constitution would not have needed to grant Congress powers to award limited monopolies, because such monopolies would already exist at law.

      By awarding a right for creation, the public domain is deprived - so, in order for society to want to grant such a right, there has to be a compelling reason to do so, and I sometimes struggle to see that reason. The "creativity requires copyright" argument belies hundreds of years of history, having arisen relatively recently. Plenty of creativity existed prior to the establishment of authorial copyright.

      Perhaps copyright, as such, has a valid existence, independent of its terms etc. Perhaps it does not. But, for everyone's distress that they are "losing rights", others see that, by granting them to you, society is giving away something to you, and this requires a balancing act - copyright is a societal choice, not a natural right, and, if it is to be imposed on society, it must be effective, and not overbearing.

      As I say - we simply see things differently. Currently, your view is prevailing :) Disagreement or not, thanks for a positive and interesting discussion.

    50. Re:Personally, I do have a radical agenda by Neil_Brown · · Score: 1

      (To reply to myself, there is plenty of debate stretching back hundreds of years, as to whether common law copyright exists / ever existed, whether copyright arises from a natural right, whether it was overtaken by positive law etc. - I don't want to misrepresent my position as being the only one held academically, nor that it is a settled position for me - but it is where I am at the moment.)

    51. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      I can tell you don't work in the creative industries - in general, it's not copyright that determines longevity of a work, but economics of demand.

      It's more subtle than that. Copyright also generally means that only a single publisher has the rights to reprint the work. This means that a work has to be immensely popular to remain in print over the long term. Works that are still somewhat popular have to be prioritized against newer works that are likely to make more money even if the original work would have made some money. As a result, once a work goes out of print, it rarely ever gets printed again unless the author dies or the copyright expires. Those two points in time are the two opportunities for a work to enjoy a resurgence.

      When a work goes out of copyright, if the work is still remembered by enough people who saw or read it when it was new, the work gets republished, causing a new generation of people to enjoy it, thus increasing the chances that the work will live on. And because any publisher can reprint it, there's a much greater chance of the work getting republished than if those rights are locked up in the hands of a single corporation that couldn't care less.

      If, because of insane copyright durations, a work has been completely forgotten by the time it goes out of copyright, then reprinting is unlikely to occur. Because the work never gets republished, it essentially becomes lost to time as the last few remaining copies of the original printing decay.

      Further, ignoring a handful of highly popular works (pop culture references), works that are not protected by copyright are more likely to be adapted, translated, excerpted in other works, parodied, and so on, resulting in further boosts to the longevity of the original work.

      So in the short term (the first decade or two after publication), copyright benefits a work by providing it with a "champion", as you put it. At some point, however, the pendulum swings the other way. The exact point depends on the work itself.

      --

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

    52. Re:Personally, I do have a radical agenda by Reziac · · Score: 1

      Technically you can't copyright an unpublished work anyway, at least so the Copyright Office told me. So long as you're sitting on it, its copyright duration doesn't start. Publication (ie. making it public) is the key.

      However, I think your suggestions are good and should be codified as such, to ensure that unpublished works *can't* fall out of copyright in an untimely fashion (such as with unfinished works), yet once published, they'll only receive a rational protection instead of for all eternity, as the current laws would effectively have it.

      Only diff I'd suggest: being unpublished works for hire might be associated with patents, so I'm wondering if that duration shouldn't be the same as for patents, so that internal documentation and suchlike associated with patents won't become a source of contention. Still, that's only 17 years, not infinity.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    53. Re:Personally, I do have a radical agenda by spitzak · · Score: 1

      Perhaps you meant seven years after first publication.

      DUH! Of course that is what he meant. Or you could just change a few words and recopyright the result. But then your rant would be a strawman argument.

      That might be acceptable, again, for large publishing houses, but for anyone considering self-publication, seven years doesn't cut it. Your income is down in the long tail from the very first day.

      You have to be kidding. Can you come up with an example of self-publishing where the income is not almost 100% concentrated in the first year?

    54. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      Hell, I challenge you to name one author who has done it, just one.

      Samuel Clemens' autobiography.

    55. Re:Personally, I do have a radical agenda by poopdeville · · Score: 1

      It disturbs me just how easily you talk about taking somebody's rights away.

      Those rights were given to you, for our benefit. You can stop writing if you don't like it. You can stop writing if it becomes economically unfeasible. That's what freedom means.

      --
      After all, I am strangely colored.
    56. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      Can you come up with an example of self-publishing where the income is not almost 100% concentrated in the first year?

      Sure. Nearly any book used in education needs several years to gain traction within the academic and student community.

      I think something in the range from 10 to 20 years would be fair to everyone involved.

    57. Re:Personally, I do have a radical agenda by david_thornley · · Score: 1

      You can't base copyright on the amount of profit. Not reasonably.

      Lots of Hollywood movies will never even break even, according to their own accounting. Doubtless some never in fact make back their production costs. Are those movies to be in perpetual copyright?

      For individually produced creations, how do you count the cost? I've been writing stories of various sorts, off and on, for quite a few years. Some are at least (in my opinion) of near-publishable quality at least. Suppose I write one that actually sells, gets reprinted, and generally makes money for me over a period of time. How do you count my costs? Amortization of my computer and cost of physical materials? A fair wage for the time I spent (and you'll have to determine what a "fair wage" is - is it minimum wage? $70/hour?)? A fair wage for the time I spent on that story and all the others I've theoretically been honing my craft with?

      No, it seems to me that the correct way is to give the author maybe ten to twenty years after publication to make as much money as possible, and then release it into the public domain. That will fulfil the intention of giving the author monetary reason to create, since nobody does any work based on what they might earn in ten or twenty years. Either they do it for non-monetary reasons, or they do it for what they're likely to earn in ten years or so, or a combination.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    58. Re:Personally, I do have a radical agenda by Danse · · Score: 2, Insightful

      It disturbs me just how easily you talk about taking somebody's rights away. And frankly, that "intangible property" doesn't seem so intangible when you've spent months working on it.

      How about this - take the time and effort to write a book of your own. Spend some time dealing with publishers, get it published. And THEN see what you think about how intangible it is.

      Copyright isn't some inalienable right possessed by creators of works. It's a limited right granted by the government for a (supposedly) limited period of time, for the specific purpose of "promoting the progress of science and useful arts." The publishing industry has lobbied for and continually been granted extensions and expansions of the duration and scope of copyright, to the point where the public sees little benefit from the bargain in the first place. I hardly see it as some terrible thing to roll back those changes to something that is more balanced with the public interest.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    59. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      Great. I'm sure these guys will help, too.

      - if you are a singer, record a song and place it on youtube
      - if you are a writer/poet, write a short story, poem, etc. and publish it
      - I'm not really that creative, but I'd "borrow" the design of a speed limit sign for the local area and put it up everywhere with the web address on it as well.

      COPYRIGHT
      L I M I T
      . . 2 0
      years

      etc.

      If I remember correctly, there was one 'established' party (other than pirate party affiliate) in the Netherlands that had copyright reform (15 years?) in their platform for the elections this year.

    60. Re:Personally, I do have a radical agenda by Que914 · · Score: 1

      Does it make sense for an author to sit on works they're not publishing? No. Does it make sense for a giant publishing conglomerate to viciously attack someone violating the copyright of an out of print book of someone they 'represent'? Yes. It's basically about controlling market volume. Preventing the distribution of books you're no longer printing (nor have any interest in printing) basically keeps the older works from competing with your newer works. If you're no longer interest in printing a particular title there's no reason I shouldn't be able to, but you as a publisher have a vested interest in preventing this competition.

    61. Re:Personally, I do have a radical agenda by spitzak · · Score: 1

      Can't you just update to a new edition each year for education needs? This is the usual method to avoid losing income due to students reselling their books to the next year's students.

      But 10-20 years sounds quite reasonable. Suggestions for 5 years sounds awfully short. The source code for Linux from 5 years ago could be used to make a closed-source system that would be pretty competitive with current Linux. Microsoft would also have trouble if OEM's could just copy 5-year old XP to each new machine rather than buy the newest version of Windows. Neither of these would be true of the versions from 10 or 15 years ago.

      Wasn't original copyright something like 17 years? Might as well use that again.

      I would also allow copyright to be renewed for a price (a few thousand dollars), so Disney can keep re-copyrighting Mickey Mouse as long as it wants, which would be a lot less damaging then altering copyright for everybody.

    62. Re:Personally, I do have a radical agenda by Anonymous Coward · · Score: 0

      You are so fantastically short-sighted that it's not even funny. I hope you enjoy the fifteen minutes of fame you got selling 500 copies of your shitty Diablo fanfic ebook. I realize that you now see yourself as King Shit of Turd Mountain, but I've read enough of your posts here to realize that while you may know a fair bit about writing and publishing, you understand very little about copyrights and what they were actually intended to do.

      Do you think an author has a natural right to live on one work for the rest of their life, and the lives of their descendants? Can you see how perpetual copyright enables this but also stifles creativity? There is no incentive to create a new work. You're still puffing your chest out about something you wrote almost a decade ago and bragging about it in your sig. Where's your new work? Do you think that if you lost the copyright to Demonsbane after 15 years, it might compel you to create your magnum opus instead of resting on your laurels? Can you see how it can spur the evolution of common culture if more works went in the public domain faster?

      Can you see how nice it might be to find copies of an obscure book that you loved to give to friends, or maybe to your children years down the road so they can find the beauty in it that you found, without having to scour the globe for a used copy, because some megacorp publishing house decided it wasn't worth the cost to keep publishing it, but they're going to nuke anyone who tries to freely distribute it because they might need that IP one day? Can you imagine how angry you would be if you could not share the nugget of truth you found in what might be an otherwise mediocre work, just because some hand-wringing accountant somewhere decided it wasn't profitable enough, but you STILL can't just make a copy of it yourself because their copyright lasts basically forever, and they might do something with it. One day. Maybe. Okay probably not. But you can't have it anyway. Because your fucking Precious is ourses.

      Culture is more important than your right to hoard your work in the hope that there is a Diablo resurgence in 20 years and that Hollywood might make your crap book into a film so you can win the Creativity Lottery. Fuck off and die. The old hippy hackers had it right-- information really does want to be free. I think RMS is kind of a pain in the ass, but every now and then a mong like you comes along and makes me realize just why his particular breed of ass pain is so necessary. I'm glad there are people out there like him willing to fight these fights, because-- as my half-hearted flame probably shows-- I don't have the fucking patience for fools like you to do it myself.

    63. Re:Personally, I do have a radical agenda by sjames · · Score: 1

      It isn't the author that does it. The publisher wants to do a run of many thousand or not at all. The publisher doesn't want to hold a few boxes in a warehouse somewhere, it wants the books to be pre-ordered so they go directly from press to bookstore. If a book has some demand but not enough for that, it will not see print again.

      At the same time, the publisher will raise hell if someone puts the work up on a Gutenberg like site.

      Decades later, the publisher may be out of business, the author dead, and only a very few copies sitting on a shelf somewhere. Sometimes the demand can start to grow again (it's not all that unusual for a work to only be appreciated decades later). But there's the matter of that copyright. Nobody knows who might hold the right now but sure enough if you start printing copies you may find out in the nastiest possible way. So on the shelf it sits molding away. If the copyright lasts longer than the physical book, it's gone forever.

      I wouldn't mind seeing a publish or perish clause on copyright. If it remains out of print for more than 5 years, it reverts to the public domain.

    64. Re:Personally, I do have a radical agenda by Danse · · Score: 1

      So once a publisher decides that a book is no longer making money, and they stop printing them, there's no way to know if interest in the book picks up again at some later date, perhaps many years later, because there aren't any around for people to buy. How do you gauge demand for something that's not available?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    65. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      Technically you can't copyright an unpublished work anyway, at least so the Copyright Office told me.

      I don't know who you talked to at the Copyright Office, but you should be sure to talk to someone else in the future. He/she seriously misspoke.

      First, in the U.S., all works published after 1978 are automatically copyrighted beginning on the date of creation.

      Second, most works should be unpublished at the time of registration. Although you do technically have a three month grace period to register your copyright, anything after that and you risk losing the ability to obtain statutory damages for infringement. Thus, it is common to register prior to publication. Just use form CO.

      Perhaps you're thinking about registering for a copyright on an incomplete work? You couldn't do that until a few years ago, IIRC.

      --

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

    66. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      DUH! Of course that is what he meant. Or you could just change a few words and recopyright the result. But then your rant would be a strawman argument.

      First, in 1976, copyright law changed so that copyright begins on the date of creation rather than the date of first publication. Thus, it is *not* an automatic assumption that in the future, a 7-year period would start at the date of publication.

      Second, you cannot change a few words and copyright it again because such a derivative work would not meet the minimum standards for a copyrighted work because it would not display sufficient originality. Even if you could get past that, copyright protection would only cover the new portion of the work, and would not extend protection for the original work (17 U.S.C. 103(b)), so someone could continue to republish the unmodified version freely.

      Can you come up with an example of self-publishing where the income is not almost 100% concentrated in the first year?

      Yeah. Almost every self-published book that was later published by a commercial publishing house.

      --

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

    67. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      Only diff I'd suggest: being unpublished works for hire might be associated with patents, so I'm wondering if that duration shouldn't be the same as for patents, so that internal documentation and suchlike associated with patents won't become a source of contention. Still, that's only 17 years, not infinity.

      Or shorten the duration for patents. :-)

      --

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

    68. Re:Personally, I do have a radical agenda by Xtifr · · Score: 1

      Copyright isn't some inalienable right possessed by creators of works. It's a limited right granted by the government for a (supposedly) limited period of time.

      That's the US view. The rest of the western world has a slightly different view, wherein copyright is acknowledging the "moral right" of the creator to control his or her own work. This is why you often see in books from Europe, statements like, "the moral right of the author has been asserted." Furthermore, the US is signatory to the Berne Convention, which means that the US government has as least implicitly accepted the notion of the moral rights of foreign authors, even if US authors and creators still lack this acceptance.

      As recently as the 1960s, the US was widely regarded as a renegade with respect to copyrights, much the way China is today. See, for example, the debacle of the first US publication of the Lord of the Rings.

      Though I'm an American, I actually think the idea of an inherent moral right behind copyright is a good one. That said, rights aren't necessarily unlimited. My right to breathe doesn't mean I can put a plastic bag over the head of everyone around me to prevent them from using "my" air. So I also support the idea of copyright reform and rolling back the length of copyright protection to benefit the public interest. The effectively unlimited copyright extensions we're seeing are strangling culture much like those plastic bags I mentioned. :)

    69. Re:Personally, I do have a radical agenda by Kymermosst · · Score: 1

      Offtopic but I have to ask... is your sig referring to growing palm trees in USDA zone 8?

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    70. Re:Personally, I do have a radical agenda by betterunixthanunix · · Score: 1

      http://lparchive.org/LetsPlay/Final Fantasy Adventure/Images/img-8.PNG

      --
      Palm trees and 8
    71. Re:Personally, I do have a radical agenda by betterunixthanunix · · Score: 1
      --
      Palm trees and 8
    72. Re:Personally, I do have a radical agenda by mattsucks · · Score: 1

      You ask the chicken if it hatched from the egg, or you ask the egg if it contains a chicken ;-)

    73. Re:Personally, I do have a radical agenda by Reziac · · Score: 1

      Well, I don't think the 15-20 year range for patents is too outrageous, given the cost of R&D. Not much different from 14 or 28 years for copyright. What is outrageous are patent trolls. If you haven't done a thing toward using or protecting it until it's about to run out, there should be some penalty attached so you can't gouge the unsuspecting at the last moment.

      Kinda like folks shouldn't be able to use a copyright to sit on it and prevent others from using the material forever and ever.

      Hmm, aren't we supposed to be arguing or something? :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    74. Re:Personally, I do have a radical agenda by Kymermosst · · Score: 1

      Thanks. It's interesting how ones activities lead to assumptions about little snippets of language like that.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    75. Re:Personally, I do have a radical agenda by Reziac · · Score: 1

      Yeah, it's been a while since I talked to 'em, things have probably changed :) And changed again since last I spoke to someone who was chasing after stat-damages, for that matter! he was filing for damages for stuff that was years or decades old. Dunno if he ever got anywhere but I do know he expected to use it as a get-rich-quick scheme.

      PS. The form you linked does not like Acrobat 5 :( (which I don't update because it's the full version and I don't want to mess it up)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    76. Re:Personally, I do have a radical agenda by dgatwood · · Score: 1

      Maybe in some fields. For software patents, the current duration is way too long, IMHO, and really, for all tech patents. Given how quickly technology is evolving, little from 15-20 years ago would be seen as even remotely valuable if brought to market today. I can count on two hands the tech inventions I know of from that far back that are still used in any form that resembles the original form.

      More importantly, all six of them are file formats, which IMHO shouldn't be patentable anyway. Content creators (users) have a fundamental right to access content (data) that they create. File format patents make that impractical, and often impossible (at least for the duration of the patent) if the manufacturer goes out of business.

      The purpose of patents is to drive innovation. Unfortunately, right now, tech patents primarily stifle innovation by making it nearly impossible for new players to enter the field. It's nearly impossible to implement anything of any real use in tech without violating dozens of patents, if not hundreds. Most of those patents are stale, ancient patents that border on fundamental design principles of modern computing that can't feasibly be worked around. The industry as a whole would be in much better shape if there were far fewer of these fossilized patents.

      I would argue that technology patents should last the shortest of the following periods:

      • Five years from the date of first public release of the finished product.
      • Fifteen years for unreleased products to allow the inventor to sell the concept to a manufacturer.
      • Five years from the date of assignment if the patent is subsequently assigned to a corporation).

      Five years is about the useful lifetime of a high-tech invention anyway.

      --

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

    77. Re:Personally, I do have a radical agenda by osgeek · · Score: 1

      Really? Flamebait? Being sarcastic about shitty 70's TV is flamebait? Nice moderation.

    78. Re:Personally, I do have a radical agenda by complacence · · Score: 1

      Someone will have to decide these books are worth publishing. The rights probably still belong to the original publisher. They don't want to publish because they don't burden themselves with 400 issue runs. They don't want to sell because the profit is nil. Their legal dept alone would incur costs a gross multitude of what they'd be able to get. Also, the book might be profitable again in the distant future due to a freak chance.

      You're just being ridiculous. I know firsthand I've tried to acquire legally books by authors I dearly love, but have not been able to, so there is demand, but it was not satisfied. Even if I'm the only one, culture was lost here.

    79. Re:Personally, I do have a radical agenda by Reziac · · Score: 1

      I think patents should be (as I gather was the original intent) restricted to "stuff you can carry away", and should never include "methods" (let alone biological processes).

      Software patents all boil down to "a method of making a computer do X, using standard math formulae which are fundamental principles of the universe" so if methods are wholly disallowed, software (including low-level stuff like file formats) would not be patentable at all. So how would anyone make money on software?? Closed-source software fills the bill, by being essentially a "trade secret", no different from any other trade secret. And you can copyright your source code and license it just like you can a book. I think that, were patents out of the picture, would actually create a lot of incentive to innovate (invent stuff, sell it, watch everyone else try to figure out what the heck you DID), and you'd be marketing best quality rather than exclusivity (or the most economical for the level of quality, as the case may be). And if you marketed trash, someone could come along and better you, oh well!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    80. Re:Personally, I do have a radical agenda by PeterWone · · Score: 1

      True. But is it also true that indie movies never cost anything like as much to produce.

    81. Re:Personally, I do have a radical agenda by PeterWone · · Score: 1

      I rather think that without Hollywood hogging the limelight, indy film producers would be a lot more successful and would recover their costs quite a bit faster.

      Besides, Hollywood already produced the ultimate blockbuster - Avatar. It has aliens, army guys, giant robots, machine guns, spaceships, explosions, boobs, noble savages, evil corporations, Romeo and Juliet (a doomed romance), dinosaurs, a dramatic race against time to save the world, elves (tall slim forest people with pointy ears) and dragonriders. In 3D.

  4. wrong product and/or wrong line of work by Anonymous Coward · · Score: 3, Insightful

    if you want to sell air, don't bother the politicians, the law makers, and law enforcement with your "intellectual property" security concerns.

    the politicians are supposed to serve the people. the greater good. not the good of companies with ideas that are akin to selling me a license to breath the air in my own house.

    if you can't create works that you or a service provider can't secure, then you need to find another product to sell, or job to do.

    I'd love to be paid every time someone used the word "yeppers". and with enough money and attorneys and influence in the district of columbia, I could probably get it to pass.

    Then I'd start suing all the john does...

    1. Re:wrong product and/or wrong line of work by Seriousity · · Score: 4, Insightful

      The line between the government and the corporation has been blurred.

      In fact, every time something like this happens we scramble to find that line, and it's nowhere to be found.
      And some of us can scarcely remember what it looked like.

      What we have now is a global Corporatocracy, the compromise between government and corporation.
      What have the compromised? Our rights.

      If we don't fight ACTA, our grandchildren will have no idea that a line ever existed at all.

      --
      This post was made in complete sincere seriousity; as such any attempts to derive humour are doomed to instant failure.
    2. Re:wrong product and/or wrong line of work by Anonymous Coward · · Score: 0

      The left wingers blame the corporations. The right wingers the state. And no one realizes that there is no difference between one large corporation and one large government...
      Vote Pirate today! Vote for freedom!

    3. Re:wrong product and/or wrong line of work by Anonymous Coward · · Score: 1, Informative

      Don't make a up a word when a perfectly good one is available.

      Corporatocracy == Fascism. Plain and simple.

      The U.S.A. is definitely a fascist state. It seems that a large part of my tax dollars are used to economic development; either I'm building a new "world" headquarters for a company that offshores its manufacturing or building a new stadium for the local sports franchise, who pay little in the way of taxes. Single-payer healthcare? Not if it offends health insurers. Drug coverage? Only if we agree to pay full retail price and never negotiate. Mickey needs a copyright extension, not a problem.

      And the trains don't even run on time.

    4. Re:wrong product and/or wrong line of work by Anonymous Coward · · Score: 1, Interesting

      Posting as anon since I already modded this article.

      Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.

      -- Benito Mussolini

    5. Re:wrong product and/or wrong line of work by Anonymous Coward · · Score: 2, Informative

      The line between the government and the corporation has been blurred.

      In fact, every time something like this happens we scramble to find that line, and it's nowhere to be found.
      And some of us can scarcely remember what it looked like.

      What we have now is a global Corporatocracy, the compromise between government and corporation.

      What have the compromised? Our rights.

      If we don't fight ACTA, our grandchildren will have no idea that a line ever existed at all.

      And as I've found, if you boldface random words in your rants, you will be taken more seriously, and won't at all sound like a religious tract or a brochure from the crazy guy down on the corner telling people about the end times.

    6. Re:wrong product and/or wrong line of work by Dragonslicer · · Score: 1

      Corporatocracy == Fascism. Plain and simple.

      The dictionary appears to disagree, at least somewhat. From http://dictionary.reference.com/browse/fascism: "a governmental system led by a dictator having complete power, forcibly suppressing opposition and criticism, regimenting all industry, commerce, etc., and emphasizing an aggressive nationalism and often racism." While tight coupling between government and corporations is part of fascism, it's not the only characteristic. Also, in fascism, it's usually the government exerting control over the corporations (for mutual benefit, of course, but primarily to increase the power of the government), whereas corporatism is primarily to increase the profit of the corporation (with the politicians just enjoying the free ride).

    7. Re:wrong product and/or wrong line of work by Deus.1.01 · · Score: 0

      Mod parent up.

      Mussolini might have brought with him some interesting ideas from his syndicalist days, but fascism is first and foremost a nationalist ideology.

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
  5. Extremism by TheSpoom · · Score: 5, Insightful

    ...is their word to associate us with terrorists in the public's mind.

    --
    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
    1. Re:Extremism by Anonymous Coward · · Score: 0

      The irony here is that the word "terrorist" has been sometimes used to associate leftist dissidents with extremists in the public's mind.

    2. Re:Extremism by McGiraf · · Score: 2, Interesting

      A Canadian politician used the same language a week ago, coincidence?

    3. Re:Extremism by Saint+Aardvark · · Score: 2, Informative

      Up here in Canada, we've got a new copyright bill coming down the pike. It's been spearheaded by two Cabinet ministers, Tony Clement (Industry) and James Moore (Canadian Heritage). While Clement has been sensitive and seems open to suggestions, Moore has definitely taken a more combative approach.

      In fact, in a recent speech, Moore decried copyright "radical extremists" with a "babyish" attitude toward copyright.

      Notice the same phrase?

    4. Re:Extremism by thijsh · · Score: 1, Insightful

      Extremist capitalists... Who terrorize ordinary civilians with bankruptcy... What a bunch of wankers, I hope this will get a *lot* of publicity!

      And if this war breaks out and the EFF shows they can stand their ground I will support them (i'd rather give all my money to the EFF than let a dime go to these thugs), and I hope many others will because of this.

    5. Re:Extremism by Culture20 · · Score: 1

      ...is their word to associate us with terrorists in the public's mind.

      And our Vice President's mind. RMS may have assassins in his bedroom again soon.

    6. Re:Extremism by FriendlyLurker · · Score: 1

      Moore has definitely taken a more combative approach.

      In fact, in a recent speech, Moore decried copyright "radical extremists" with a "babyish" attitude toward copyright.

      Notice the same phrase?

      Same phrase, same PR firm's that organize all the International Intellectual Property Alliance (IIPA) sounds bites, talking points, strategies for lobbyists and bought politicians alike. All extremely well crafted to incite emotional response (in this case, Balanced Copyright Proponent == Extremist, associates with Terrorists) in the minds of listeners, against any balanced copyright point of view. Unfortunately the label loving public will most probably lap it up and believe it.

    7. Re:Extremism by Anonymous Coward · · Score: 0

      No, with the ACTA stuff going on, Congress giving Mexico's President a chance to speak to all of us like he's our President and all the shit that's going down... don't be surprised when they invalidate our Constitution and make us all part of the United Nations who want the US government to ban all guns so they can assume control without us being able to fight back. Just like over-managed Corporations we'll have 192 "leaders" that all want us to do something to make their lives easier and we'll have no voice in who is picked because our President is only 1/192 of the collective.

    8. Re:Extremism by TheSpoom · · Score: 0, Offtopic

      Err... you know that the US is a permanent member of the UN Security Council and thus has a veto over many, many things that the UN does, right?

      I'm not even going to touch the rest of your conspiracy-laden misinformed comment. Learn to research before opening your mouth.

      --
      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
  6. The EFF is just a tool of the hardware guys by cornicefire · · Score: 2, Funny

    The EFF is incredibly clever. They propose an unwieldy collective sharing system that's incredibly bureaucratic and then spend the rest of the time undermining every other system out there. The existence of this proposal lets them claim that they're not anti-artist, but the net effect is that they just make Google and the hardware companies richer. And who's their biggest donors?

    1. Re:The EFF is just a tool of the hardware guys by Dogun · · Score: 1

      I am having a very difficult time making sense of this comment. Elaborate?

    2. Re:The EFF is just a tool of the hardware guys by king+neckbeard · · Score: 3, Insightful

      It makes sense once you're paid enough to think it makes sense.

      --
      This is my signature. There are many like it, but this one is mine.
    3. Re:The EFF is just a tool of the hardware guys by Anonymous Coward · · Score: 0

      Astroturf much?

    4. Re:The EFF is just a tool of the hardware guys by thijsh · · Score: 1

      an unwieldy collective sharing system that's incredibly bureaucratic

      "Pool all the money and divide among the scavengers who claim their part of the loot"... seems to me this bureaucratic part is already being done with the tax on CD-R's. And that sure as hell wasn't an idea from the EFF!

    5. Re:The EFF is just a tool of the hardware guys by sorak · · Score: 1

      So they're just a tool of big hardware? Somewhere, Nathan Lane's ears just perked up.

    6. Re:The EFF is just a tool of the hardware guys by Anonymous Coward · · Score: 0

      implying he's not being paid to think it doesn't make sense

    7. Re:The EFF is just a tool of the hardware guys by Anonymous Coward · · Score: 0

      The EFF's proposal was called Rhapsody when someone was trying to make a go of it as a business. It never succeeded. So the EFF gets to keep touting it as a way to prove that they're somehow not anarchists, at the same time they shoot at any mechanism for paying the artists. They want to undermine all of the existing methods so their supporters, the hardware companies, can suck up all of the revenue.

    8. Re:The EFF is just a tool of the hardware guys by cornicefire · · Score: 1

      Here's the link. http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing It's like Rhapsody, but with greenwashing.

    9. Re:The EFF is just a tool of the hardware guys by cornicefire · · Score: 1

      Dude. The EFF may take plenty of donations from average joes, but they take big ones from the big hardware companies. There's a reason why the Consumer Electronics Association donates so much money to them. The more pirated content on the web, the more money that the users have to pay for more hardware. Pirated songs encourage users to buy new iPods with more capacity. Hardware companies wink, wink, and wink again when it comes to piracy and the EFF winks along with them.

    10. Re:The EFF is just a tool of the hardware guys by Anonymous Coward · · Score: 0

      Where do I apply?

    11. Re:The EFF is just a tool of the hardware guys by cayenne8 · · Score: 1
      ""Pool all the money and divide among the scavengers who claim their part of the loot"... seems to me this bureaucratic part is already being done with the tax on CD-R's. And that sure as hell wasn't an idea from the EFF!"

      What tax on CR-R's are you talking about? In Canada?

      We sure don't pay on here in the US....at least, I never have.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    12. Re:The EFF is just a tool of the hardware guys by Anonymous Coward · · Score: 0

      Where do I apply?

    13. Re:The EFF is just a tool of the hardware guys by thijsh · · Score: 1

      According to Wikipedia people in the US (as well as Canada) also pay this tax... although it seems some legal battle resulted in exemption for tax on data-CDs (and MP3 players etc.). But the bureaucracy to divide this levy exists, and that was the only point.

    14. Re:The EFF is just a tool of the hardware guys by cayenne8 · · Score: 1
      "although it seems some legal battle resulted in exemption for tax on data-CDs "

      data CD == CD-R's....right?

      Interesting, I'd never known they even ever tried to tax recordable CD's...glad they struck it down.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  7. Radical extremists? by mcgrew · · Score: 5, Interesting

    It looks to me like it's the established music (and film as well) industry whose position on copyright is radical and extreme.

    ASCAP itself is an incredibly mafia-like entity. I've known bartenders who have been shaken down by ASCAP thugs for fees that they clearly didn't owe, as bands that performed in those bars played their own, non-ASCAP compositions. The bar owners soon find out that the ASCAP fees are far cheaper than the legal fees.

    And these lying, theiving sociopaths have the gall to say that the EFF is radical and extreme? I'd laugh if it weren't so pathetic. ASCAP execs belong in prison for their extortion of bar owners (and likely other establishments).

    1. Re:Radical extremists? by walterbyrd · · Score: 4, Insightful

      Have to agree. Since when is it considered illegal for me to give away my own content, if I chose to do so? How is that forcing anybody else to give away content? How is that stealing anything?

    2. Re:Radical extremists? by ObsessiveMathsFreak · · Score: 5, Insightful

      It looks to me like it's the established music (and film as well) industry whose position on copyright is radical and extreme.

      Moreover, their own extreme position is the real motivator behind their opinion of the opposite side of the debate. It's similar to debates in the culture wars or similar debates where one side accuses the other of having an "agenda" when in reality it is they who have ulterior motives beyond the matters at hand.

      Essentially what is going on here is that the copyright industry is trying to label those in favour of reform as extremists in an effort to shut them out. It's actually surprising that its taken them this long to reach this strategy. As history has shown, such tactics work very well--in the US in particular--where you can turn a debate completely on its head by proclaiming the exact opposite of what's going on. The best example of this is: "The Media has a Liberal Bias."

      The ultimate objective here is to make copyleft illegal and ensure that copyright is legally the only game in town. It's not implausible that ASCAP et al may succeed in this endeavor.

      --
      May the Maths Be with you!
    3. Re:Radical extremists? by grahamd0 · · Score: 2, Informative

      Since when is it considered illegal for me to give away my own content, if I chose to do so?

      It isn't. ASCAP's position is that it should be.

    4. Re:Radical extremists? by Moryath · · Score: 2, Insightful

      I see a large amount of cognitive dissonance in your post.

      Essentially what is going on here is that the copyright industry is trying to label those in favour of reform as extremists in an effort to shut them out.

      This, at least, is true.

      As history has shown, such tactics work very well--in the US in particular--where you can turn a debate completely on its head by proclaiming the exact opposite of what's going on. The best example of this is: "The Media has a Liberal Bias."

      Hmm. Oddly enough, a long-term political science analysis done by UCLA (not exactly a "right-wing bastion") found quite the opposite.

    5. Re:Radical extremists? by Nadaka · · Score: 2, Insightful

      I'm sorry, rationality and human compassion have a liberal bias.

    6. Re:Radical extremists? by ScrewMaster · · Score: 5, Insightful

      Since when is it considered illegal for me to give away my own content, if I chose to do so?

      It isn't. ASCAP's position is that it should be.

      That's very true. ASCAP (and the RIAA, and all other such abominations) feel that they are entitled to a piece of every sale or performance of every copyrighted work. Doesn't matter if they have no rights to such works. Doesn't even matter if the work is under an expired copyright, is public domain, or was released under some other terms. So far as they're concerned, we owe them for the right to "consume" creative material, whatever the source because, well, we just do that's all. Bloodsuckers, all of them.

      And they call Public Knowledge and the EFF "extreme"?

      Their level of hypocrisy is just stunning, really, it is.

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:Radical extremists? by Moryath · · Score: 1

      Excuse you? Rationality and human compassion argue against most of the things liberals do today.

    8. Re:Radical extremists? by sorak · · Score: 2, Insightful

      Of course, they arrived at that figure by assuming that the 2005 congress was "centrist", and comparing everything between 1995 and 2005 to them. Anything to the right of the Republican controlled congress was considered "liberal". I am curious how that exact same study would work if the 1995-2005 coverage were compared to the current congress, or, for that matter, if the 2000-2010 coverage were compared to the current congress.

    9. Re:Radical extremists? by NekSnappa · · Score: 1

      Exactly. There was some tool in the comments section of the Wired story on this whose take was essentially.

      If you write something and release it under a Creative Commons license. An ad agency could use it for free. Which means they won't pay me what I want to be paid for what I write for something similar. Therefore you're taking my lunch money. How am I supposed to make a living living?

      Of course he is completely unaware of the fact that a CC license doesn't mean that you're giving it away for free. And that if you have a non-commercial CC license the ad agency can't use it for free.

      --
      I want to shoot the messenger!
    10. Re:Radical extremists? by Nadaka · · Score: 1

      And rationality and human compassion argue FOR most of what so called conservatives do?

    11. Re:Radical extremists? by Moryath · · Score: 1

      Ok, what do "rationality" and "human compassion" have to say about theft? Embezzlement? Pyramid schemes? Government takeovers? Thoughtcrime legislation? Deliberate dilution of wages? Deliberately screwing workers by importing far more people than the job market can support? Deliberately fucking over workers with "free trade" agreements that fail to protect jobs from predation by slave-labor countries?

      I'm not a hardcore libertarian. I fully support reasonable regulation of markets to prevent monopolistic practices, price gouging, and mistreatment of workers. On the other hand, I'm not so fond of people who think that a 60% tax rate based on gross income (rather than net) is a good idea. And I certainly can't stick with the liberal concept of the "personhood" of corporations.

    12. Re:Radical extremists? by Anonymous Coward · · Score: 0

      You are right. That is the only study ever performed. Its method and assumptions are perfect and the conclusions are rock solid. In fact, it does not disagree with the other studies that have never taken place.

    13. Re:Radical extremists? by mcgrew · · Score: 1

      And I certainly can't stick with the liberal concept of the "personhood" of corporations.

      That's not a liberal concept, it's a facist concept.

    14. Re:Radical extremists? by Nadaka · · Score: 1

      I get it now. You don't have a clue what I mean when I use the word "liberal".

      You must think I mean a: tax-and-spend, pro police-state, anti-liberty, fascist, corporate-feudalist campaign-whore.

      Maybe I am partly to blame as well for using the word "conservative" instead of: debt-and-spend, pro police-state, anti-liberty, fascist, corporate-feudalist campaign-whore.

      All those sins you list are just as much a "conservative" sin as it is a "liberal" sin.

      I AM a hardcore "libertarian" in many ways, I do agree with you on external oversight is required to restrict the harmful actions of corporations whose only charter is profit above all else.

      Corporate person-hood isn't a liberal concept, it is a fascist concept.

    15. Re:Radical extremists? by Anonymous Coward · · Score: 1, Informative

      Bwah. As a European, I can assure you that all of your media is scarily right-wing.
      Here in Europe, we have left (social democrat), center (liberal) and right (conservative) media. You have only conservative, with maybe a hind of liberal here and there.

    16. Re:Radical extremists? by Culture20 · · Score: 1

      Have to agree. Since when is it considered illegal for me to give away my own content, if I chose to do so?

      When your content shares X chords with ASCAP/RIAA content.

    17. Re:Radical extremists? by caseih · · Score: 2, Funny

      It's practically impossible for you to create your own content without infringing on some copyright that we already own (since we own a copyright on practically anything that has been created or will be created), we are therefore protecting you from yourself by prohibiting you from giving away things for free. If you're a composer, you cannot create music without using at least one two-note sequence that we've already copyrighted. Very similar for books. We clearly have a copyright to the phrase "he said." And movies? Forget it. all the plots have been done already. We own them all. Pay up. It's only fair.

      We're happy to negotiate a fair, royalty-based copyright license so you can release your derivative works. But to release your works for free is clearly not fair to us and not fair to our consumers. I mean your audience. We know you are an honest artist and will cooperate in our efforts to enrich the lives of every one of our members. I mean society as a whole.

    18. Re:Radical extremists? by HeckRuler · · Score: 1

      The reason that most people would call me liberal is because my politically formative years aligned with the Bush administration. Ideally, I guess I'm libertarian, but we hardly live in an ideal world (and indeed, if we're dreaming, the mythical ideal society wouldn't need a government). But the over-riding reason that I'm "liberal" is because of the atrocities that Bush enacted and the culture of the religious right. Their complete lack of rationality and compassion pushed me into the democratic party. So while I wasn't so hip on some of they're ideologies, at least they're weren't as evil as the republicans.

      Now, if you think that "dem ebil liberal" are being irrational and not compassionate, the reason is probably because they're in power right now.
      If you think that yon blessed conservatives are rational and lovingly compassionate at the moment, the reason is that they're not in power right now.

      You're excused for your party affiliation. Do try to work past it though.

    19. Re:Radical extremists? by caseih · · Score: 2, Insightful

      Nah. I think Steven Colbert got it right when he said, "reality has a well-known liberal bias."

    20. Re:Radical extremists? by HeckRuler · · Score: 1

      I'm not so fond of people who take home an income that is 10,000 times more then their workers do even after a 60% tax rate based on gross income.

      Taxes need to be progressive because otherwise people will use their wealth to control markets and essentially "win" the business game. Free markets don't work after there is a winner. They only work with competition. And so there needs to be a diminishing return for income. Now, it should never be reduced to zero, but if you thought that even for a moment, then you don't know what "diminish returns" mean. I'm fairly confident that we can trust the wealthy to be greedy enough to try and make a buck, even if they'll have to earn two bucks to do so.

    21. Re:Radical extremists? by Anonymous Coward · · Score: 0

      I think the idea is that while that shouldn't be illegal, it doesn't prevent others from leaning on a person to "voluntarily" share the media.

      Another example: Jaime Escalante (the real-life version of Stand-And-Deliver), wanted to teach more math classes, but was prevented to because of union regulations limited the number of classes he could teach. He may have genuinely wanted to, but how does one distinguish between "wanting to" and "if I don't 'volunteer' for these extra sessions above and beyond what my union permits, my job could be jeopardized"

    22. Re:Radical extremists? by Just+Some+Guy · · Score: 2, Interesting

      I've known bartenders who have been shaken down by ASCAP thugs for fees that they clearly didn't owe, as bands that performed in those bars played their own, non-ASCAP compositions.

      Ever daydream that you're on a jury, and you get to convince your fellow jurors to acquit the biker gang who just beat an ASCAP representative into retardation? And afterward, the gang buys you a beer out of gratitude, and it turns out that they're pretty OK guys who just didn't want someone shaking down their favorite hangout?

      Yeah, me neither.

      --
      Dewey, what part of this looks like authorities should be involved?
    23. Re:Radical extremists? by Attila+Dimedici · · Score: 1

      You are absolutely correct that the meme "The Media has a Leberal Bias" is not true because in fact the media does not care one way or the other. However, the overwhelming majority of those who work in the media have a Democratic Party bias. The only place in the U.S. with a stronger bias to one Party or the other is Universities and Colleges, where the Administrators and the Professors overwhelmingly vote for the Democratic party candidate in every election.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    24. Re:Radical extremists? by Anonymous Coward · · Score: 0

      According to Faux News, the *facts* have a liberal bias. That's why they're so proud to bring their viewers fact-free reporting!

    25. Re:Radical extremists? by Reziac · · Score: 1

      "That's very true. ASCAP (and the RIAA, and all other such abominations) feel that they are entitled to a piece of every sale or performance of every copyrighted work."

      How is this not a protection racket??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    26. Re:Radical extremists? by Anonymous Coward · · Score: 0

      beat an ASCAP representative into retardation

      Isn't that redundant?

      (My CAPTCHA was "batters")

    27. Re:Radical extremists? by Moryath · · Score: 1

      Party affiliation? Excuse you?

      The newsmedia has a liberal bias. Would I be happy with one with a conservative bias? When did I EVER state that that would be the case?

      Is it too much to ask for a little HONESTY out of reporters?

    28. Re:Radical extremists? by Anonymous Coward · · Score: 0

      I cant wait for the day they mess with the wrong bar owner and get a Casino style beating and shallow grave. Then maybe these douche nozzles will get the fucking message.

    29. Re:Radical extremists? by oldmac31310 · · Score: 1

      I choose to both sell the music I make and give it away for free. I sell it in the hope that it might at least cover the costs it makes to make it and give some of it away because...well just because. Seems to me some people buy music and some get it for free by whatever means and some do a bit of both. Get some for free here: http://www.acetonestudio.com/ or buy some here: http://www.cdbaby.com/Artist/EatingBetty http://www.cdbaby.com/cd/bigshiny also on iTunes, Amazon, eMusic etc. It is both right and good to have a choice.

      --
      http://www.acetonestudio.com
    30. Re:Radical extremists? by HeckRuler · · Score: 1

      The newsmedia has a liberal bias

      Yeah, pretty much. A wise man once said, "reality has a well known liberal bias", but I think he was just trying to be funny.

      When did I EVER state that that would be the case?

      You didn't. And neither did I. But that would be foxnews and Rush, and we all know how atrocious that is.

      Is it too much to ask for a little HONESTY out of reporters?

      They're not lying. It's bias. Some might not even know they're doing it. Others get memos from Murdoch. It's the slight spin that stories get. Labeling a guy with a gun as an "insurgent" as opposed to "local militia". So you ARE getting a little honesty, but it's be nice to have more.

      Really, I'm just responding to:

      Rationality and human compassion argue against most of the things liberals do today.

      It shows you to be a partisan hack. Blind support of the two parties is tearing this country apart. You appear to be ludicrously biased against liberals. Are you lying? No, not really. Can I trust you to tell me anything insightful about politics? Equally no.

    31. Re:Radical extremists? by jwhitener · · Score: 1

      I wish UCLA had done a parallel study where they assessed the quality (in terms of getting facts right, etc..) of media outlets and graphed that against their definitions of liberal/conservative.

      Stephen Colbert's quote "Reality has a well known liberal bias" is funny because it is true:)

    32. Re:Radical extremists? by Moryath · · Score: 1

      They're not lying. It's bias. Some might not even know they're doing it.

      Obviously you never heard of Journolist or saw the coordination efforts of people like Ezra Klein to slant media coverage over every network they could reach.

    33. Re:Radical extremists? by ScrewMaster · · Score: 1

      "That's very true. ASCAP (and the RIAA, and all other such abominations) feel that they are entitled to a piece of every sale or performance of every copyrighted work."

      How is this not a protection racket??

      The difference here is, I think, that they've convinced the Federal Government to be their enforcers.

      --
      The higher the technology, the sharper that two-edged sword.
    34. Re:Radical extremists? by Reziac · · Score: 1

      Unfortunately they are not alone; the gov't runs a great many protection rackets of its own, so thinks this is "normal".

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    35. Re:Radical extremists? by ScrewMaster · · Score: 1

      Unfortunately they are not alone; the gov't runs a great many protection rackets of its own, so thinks this is "normal".

      Yes. Start with the IRS and go from there.

      --
      The higher the technology, the sharper that two-edged sword.
  8. Why can't we have by Anonymous Coward · · Score: 0

    Real wars, with babes, muscular GI-JOE men like I've been brainwashed to desire to be in the 80s with all the (vietnam based) single action hero's?

    Who get the chicks? And fight Russians or Koreans. Nothing like the unarmed children we une as cannonfodder right now with sortof hi-tek. WEAK. You think McGuyver needed a GPS AND laserguided missle to hit a rebellion? Think not.

  9. What % of $$ is made in the first year? by walterbyrd · · Score: 2, Interesting

    I don't know, but I suspect that most money from movies, books, or songs, is made in the first year.

    1. Re:What % of $$ is made in the first year? by Vintermann · · Score: 1

      I can confidently say that most movies, books and songs don't make money at all (though it's hard to back up with stats). But the lure of the gravy train is strong.

      The sad thing is that it isn't just some evil lawyers behind this. Would-be artists want to think of themselves as "professional", and will support mandatory licensing, copyright violation detectors in every device, suppression of speech and knowledge, whatever it takes. Even though they themselves are hurt far more by it than they ever stand to gain for it - kind of like poor people who support tax breaks for the insanely rich because they want to win the lottery.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    2. Re:What % of $$ is made in the first year? by oldmac31310 · · Score: 1

      In my own case I'd have to say this is not true. It really depends on the profile of the work. If something is heavily marketed then it should make most of it's money immediately after all of the add campaigns and promotions. If as in the case of my music there is no budget for marketing then sales will go up and down sporadically over time and people in different countries will pick up on it at different times because of some random radio play or blog entry, reference in printed media - or indeed forum post.

      --
      http://www.acetonestudio.com
  10. Helpful Links by Anonymous Coward · · Score: 3, Informative

    Support the EFF: http://www.eff.org/helpout
    Support Creative Commons: https://support.creativecommons.org/

  11. In some ways this is a good sign by electricprof · · Score: 2, Insightful

    At least to me it confirms my belief that big media is absolutely terrified of its own demise. The complete hyperbole of their statements only makes sense to me as a expression of this terror. Unfortunately, since they have great influence I don't forsee them doing anything but morphing into some other greedy monopolistic form. Still ... watching the terror makes for a good show.

    1. Re:In some ways this is a good sign by Jade_Wayfarer · · Score: 1

      There is an old Russian proverb: "fear has the biggest eyes". If they do really believe their own words, they must be on the edge of dying from fear. Good sign, right?

      --
      Absence of proof != proof of absence.
  12. Too late. by AntEater · · Score: 4, Insightful

    'anybody who has spent more than 5 minutes on our website or talking to our staff knows that these things are not true.'

    That, in a nutshell, is why the public in general will ever know what is true. We've pretty much reduced our collective thinking to ingesting media prepared "sound bites" and have no motivation to think beyond that point. I heard a politician or campaign manager once summarize the problem with the statement: "if you're explaining, you've lost" (or something to that effect.

    --
    Alex, I'll take keybindings not used by Emacs for $400....
    1. Re:Too late. by Anonymous Coward · · Score: 0, Flamebait

      Bingo! And the irony, of course, is that your comment was posted on a site where visitors make bad jokes every single day about how none of us here read TFA.

      This is just more of the same obstructionist, no-responsibility attacks we see across the spectrum of topics. Another good example is climate change. The deniers make ridiculous attacks based on blatantly false information, send scientists death threats, and no one is ever held accountable. In fact, one of their favorite tactics is to cite a published paper that directly contradicts their position and claim it supports them, since they know very few people will actually read the paper, and the refutation requires (as you pointed out) an explanation. It's asymmetrical information warfare, in which the defenders have to play by the rules and the attackers get to ignore the rules and say and do anything that sticks. We're fighting bumper stickers with essays, and losing.

    2. Re:Too late. by Late+Adopter · · Score: 2, Insightful

      But pointing out that information is available is itself a soundbite, perhaps one that people might buy, even though they might not be bothered to look up the information personally.

      I have this problem a lot when trying to have political conversations with my friends. They get pointed the same news stories on the same topics by people close to them, so regardless of the context of the information inside, which they don't actually examine with a critical eye (if they read it at all!), they're led to believe that the consensus is what the headlines say. And good luck trying to hold a contrary, centrist, or nuanced opinion in that environment.

    3. Re:Too late. by Anonymous Coward · · Score: 0

      The level of irony in your post is astronomical.

    4. Re:Too late. by AntEater · · Score: 1

      I don't know, I didn't actually read the article.

      --
      Alex, I'll take keybindings not used by Emacs for $400....
    5. Re:Too late. by Anonymous Coward · · Score: 0

      "I heard a politician or campaign manager once summarize the problem with the statement: "if you're explaining, you've lost" (or something to that effect.)"

      Oh, the irony. It burns.

  13. Buffer Copies? by Dogun · · Score: 5, Interesting

    From the speech, item #7 on the list of reasons they hate the EFF et. alia: 'They favor the elimination of the songwriter and publisher rights for server, cache and buffer copies.'

    I am actually rather shocked that ANYONE can rationalize royalty fees for 'server, buffer, and cache' copies of content. This is content that people are not seeing or hearing. These are invisible pink unicorn copies.

    1. Re:Buffer Copies? by salesgeek · · Score: 2, Interesting

      Perhaps a demo of what happens to the average streamed MP3 without buffering and with no caching. Or without allowing access to server copies.

      --
      -- $G
    2. Re:Buffer Copies? by chichilalescu · · Score: 2, Funny

      everybody has a right to their opinion. the ASCAP believes that the invisible pink unicorn are real, even though nobody is seeing or hearing them. or are you one of those who thinks if a tree falls in the woods it makes no sound unless there's someone there to hear it?

      you, sir, are the perfect example of a radical extreme terrorist! the way you say "invisible pink unicorn" makes me think that you don't even like unicorns, so you are obviously a very bad man.

      the dollar bill says "In God we trust". and everybody pays for dollar bills. why shouldn't you pay for the invisible unicorn copies?

      In fact, I will propose that they start asking for royalties from people who think about songs. I mean... the church says you are not allowed to think about adultery, so it's obvious that thinking matters, and you should pay for it.

      --
      new sig
    3. Re:Buffer Copies? by Anonymous Coward · · Score: 0

      "'They favor the elimination of the songwriter and publisher rights for server, cache and buffer copies.'"

      Ye gods. Next they'll be complaining about songwriter and publisher rights for client browser cache copies, on-screen copies sitting in video card memory for images or in sound card buffers for audio. Will I need a special, extended license for copies of photographs sitting in an off-screen buffer?

      What next? Songwriter and publisher rights for the "copies" floating in mid-air between speakers/instruments and the listener's ears?

      These people are ridiculous. They're the copyright maximalists and extremists.

    4. Re:Buffer Copies? by Jason+Levine · · Score: 2, Funny

      You'd better just hope that you don't listen to your music someplace that has an echo or you'll really need to pay. And if you watch a video on your smartphone in one of those store dressing rooms with mirrors on opposing walls (creating an "infinite" array of reflections) you'll go bankrupt pretty quickly.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:Buffer Copies? by Jade_Wayfarer · · Score: 1

      There is a much easier way - every human being has an extremely dangerous trait called 'imagination', or something like that. Of course, since corporate lawyers and mafiaas-caps are clearly not 'human beings', they view this trait only in negative way, unable to comprehend it's usefulness. So, they'll just charge every one of us for a capability to replay any melody we've heard in our life any time we want in our imagination. A logical step after charging additional fees for blank DVD-s and flash-drives, is it not?

      --
      Absence of proof != proof of absence.
    6. Re:Buffer Copies? by Anonymous Coward · · Score: 0

      You just get The Sound of Silence.

      That'll be $2, please.

    7. Re:Buffer Copies? by DMiax · · Score: 1

      It seems recursive licensing. If I cannot play it without server copies I don't need a license. If I dohave a license it is for reproducing the work, whatever it may take to do it. I suspect is that the fees per copy are much higher than the fees per performance and they want streaming to fall in that category.

    8. Re:Buffer Copies? by Anonymous Coward · · Score: 0

      by Simon And Garfunkel

    9. Re:Buffer Copies? by Hillgiant · · Score: 1

      The next logical step:
      Royalties for when a song gets stuck in your head.

      --
      -
    10. Re:Buffer Copies? by Drishmung · · Score: 1
      Exactly!

      If a tree falls in the forest, but there is no one there to hear it, does someone still owe ASCAP royalties?

      (And if Milli Vanilli http://en.wikipedia.org/wiki/Milli_Vanilli fall in the forest, does someone else make a sound?)

      --
      Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
    11. Re:Buffer Copies? by jwhitener · · Score: 1

      Well, this whole "internet thing" with its digital files, streaming and copying, just sprung out of no where and caught them completely by surprise. So they are trying to cover all bases in case they get surprised again. ;)

  14. David Bollier by Neil_Brown · · Score: 5, Informative

    I mean seriously. These are the same group of dickfaces who tried to sue 5-year-olds for singing songs at summer camp. [steinski.com] No joke.

    For those who are not going to click the link, the material referenced there is from David Bollier's book "Brand Name Bullies".

    That is still on my bookshelf, but I can highly recommend Bollier's work generally, as a promotion of the concept of a "commons" - "Silent Theft" being a prime example, or, for those who prefer shorter reading matter, Bollier's paper, which gave rise to the book, "Public Assets, Private Profits".

    (As a lawyer with a keen interest in this area, I'm a big fan of David's work, and his easy-to-access writing style.)

  15. Fine with me. by Anonymous Coward · · Score: 0

    Hope they keep using that language; between that and the music industry talking about pulling $1.5 trillion out of Limewire, maybe the general public will start to get the message about where the problem really lies with copyright.

  16. Irrelevant. by inode_buddha · · Score: 5, Insightful

    These ASS-CAPS have been largely irrelevant for a long time, at least for me. The problem as I see it, is that copyright is all about money for them - it's not about art anymore. In order to be fair, they should re-publish their entire back-catalogs clear back to World War One, on CD's for $8 each. Basically if they're going to lock up copyright for that long, then they should be required to publish and sell for an equal lenghth of time, else they should STFU. I have *hundreds* of record albums recorded back in the 1950's and 1960's that you won't find anymore, and I wouldn't mind getting them on CD's from the original labels. If the labels cry that this would cost them too much, then I guess that shows a lot about them, and what they're really after. If they're not making anything off a recording anymore, then they should relinquish the copyright on it.

    --
    C|N>K
    1. Re:Irrelevant. by mcgrew · · Score: 1

      Ass Cap collects fees for songwriters. They're mostly interested in shaking down owners of bars who have bands play, and treat every band as if it were a cover band covering their songwriters.

      And Ass Cap has never been about art; their sole purpose for existance is to get as much pay for their members as possible.

    2. Re:Irrelevant. by jwhitener · · Score: 1

      I've never heard that idea before, but it is really interesting. Make them publish as long as they have the copyright. How would one work out how much they would be required to publish though?

      Half or quarter of what ever they were publishing during the song/book/movie's peak? And if they find that too costly, give up the copyright?

  17. Beat 'em at their own game by Anita+Coney · · Score: 4, Insightful

    Copyrights are government granted monopolies contrary to the free market. That should be the argument against ASCAP's belief that anyone who disagrees with them are radical anti-copyright extremists.

    The EFF should be hammering it: Why does the copyright industry need increased government handouts and draconian government monopolies to survive? Let the free market sort it out. If they can't survive in a free market without massive government help and an erosion of our rights, so be it.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Beat 'em at their own game by king+neckbeard · · Score: 1

      It's definitely a good argument, but I think that most of the big organizations on the freedom side are too classy for that.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:Beat 'em at their own game by Anita+Coney · · Score: 2, Insightful

      If they're too classy to tell the truth about copyrights, they'll certainly lose. (Heck, they'll lose anyway, the copyright industry is way too powerful.)

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:Beat 'em at their own game by Nadaka · · Score: 2, Insightful

      The ASCAP is waging a war against culture, rationality and freedom. In war there are no rules, it only matters that you win. The time to play nice and be respectful is over. With all due respect, they are due negative.

    4. Re:Beat 'em at their own game by LihTox · · Score: 2, Insightful

      Creative Commons, for one, is NOT anti-copyright. Look at the "no commercial use" clause in particular: people who use that CC license are relying on copyright law to keep large corporations from using their work without royalties.

      CC's best strategy is not to take down copyright or even to take down ASCAP and their like, but to displace them. Persuade enough artists to take out copyright licenses that allow for non-commercial copying, and persuade enough people to prefer artists who do, and the draconian copyright organizations will become much less powerful and less relevant than they are today. Their ranting about copyright in general, however, will only make ASCAP a sympathetic character.

    5. Re:Beat 'em at their own game by king+neckbeard · · Score: 1

      But now we have the Geneva convention. I say the proper thing to do is to act like governments and fund mercenaries to do the things they don't want on their hands. Is there a Blackwater for publicity? All joking aside, a separate organization that fights a bit dirty might be the best course of action. This is a handout, and somebody should be pushing a movement that opposes stronger copyright laws on those grounds. A nice bullet point might be pointing out that US told the Berne Convention to fuck off for a century, and during that century the US produced Jazz, Blues, Mickey Mouse, other Disney classics, Rock n' Roll, and Hollywood.

      --
      This is my signature. There are many like it, but this one is mine.
    6. Re:Beat 'em at their own game by cornicefire · · Score: 1

      Yup. I love when websites use CC photos. Given a choice between sharing their ad revenue with photographers and embracing CC, they embrace the CC.

    7. Re:Beat 'em at their own game by BJ_Covert_Action · · Score: 1

      Is there a Blackwater for publicity? All joking aside, a separate organization that fights a bit dirty might be the best course of action.

      Off the top of my head....
      Wikileaks
      Independent reporters (bloggers that actually have talent)
      Local activist groups (Ever seen a hardcore, emo, or punk kid advertise for or campaign against a particular event? They make religious evangelists look like slackers).
      Indie bands that tour a lot (A good indie band can get a riot started)
      And there are others. In fact, there are a lot of alt culture/underground groups that are good at activism and publicity, especially in the realm of music and film. You just have to be willing to give your money to, and be seen in public with someone who has 5 piercings in their face and thinks looking like a vampire is cool.

  18. There goes a donation to the EFF by vadim_t · · Score: 2, Informative

    They should find a better use for my money than the music industry.

    Here's the EFF donation page, for those who'd want to contribute as well.

    1. Re:There goes a donation to the EFF by shutdown+-p+now · · Score: 1

      There goes a second one (the first was made when ASCAP made the first fart). Keep those press releases coming, guys, I'll match them with donations one-for-one!

  19. Chilling effect by inode_buddha · · Score: 1

    I wonder about the chilling effect these guys would have on creativity especially where the Creative Commons is concerned. Do they want to stifle all creativity unless it's bought and paid for, brokered by them? The world would be a lot poorer that way. Assholes.

    --
    C|N>K
    1. Re:Chilling effect by Anonymous Coward · · Score: 0

      "Do they want to stifle all creativity unless it's bought and paid for, brokered by them?"

      Um, yea. That's kind of the point.

    2. Re:Chilling effect by Nadaka · · Score: 1

      Yes. Yes they do.

  20. Greed by betterunixthanunix · · Score: 2, Interesting

    The answer is greed, pure and simple. Whether people actually hear the music is irrelevant, the point is that a copy is made in the most extreme technical sense, and the greedy folks from ASCAP 'n pals want to charge everyone for that.

    --
    Palm trees and 8
    1. Re:Greed by Anonymous Coward · · Score: 0

      This is the point so many people have trouble understanding at a visceral level: If corporations are in charge of running an organization (or a government), then their highest priority, making money, will override everything else. Period.

      Sure, we see for-profit corporations giving money to charity and doing other good deeds, but only to the extent that it helps them. Eventually push comes to shove and they outsource jobs, reduce or kill off benefits to retirees, provide insanely bad customer "service", etc., and pursue every possible revenue stream that's legal. If they have to buy legislators to make what they want to do legal, no problem -- it's just another cost of doing business, another number in a spreadsheet.

    2. Re:Greed by paiute · · Score: 1

      The answer is greed, pure and simple. Whether people actually hear the music is irrelevant, the point is that a copy is made in the most extreme technical sense, and the greedy folks from ASCAP 'n pals want to charge everyone for that.

      It gets worse. I bet very time a music file is transmitted over the internet, the electrons in the packet don't go straight through the routers. They get copied from one side to the other, therefore, digital copies are created. Pay up!!!!!

      --
      If Slashdot were chemistry it would look like this:Cadaverine
  21. Please edit by Anonymous Coward · · Score: 0

    From TFS

    Public Knowledge advocates for balanced copyright and an open Internet the empowers creators and the public.

    I had to read that a few times. I think what you should do / should have done is:

    Public Knowledge advocates for balanced copyright and an open Internet [that] empowers creators and the public.

  22. Libraries by BlueBoxSW.com · · Score: 1

    To be fair, I'm sure they think my local library has an extremist, leftist agenda.

  23. I'd say the opposite... by SharpFang · · Score: 2, Insightful

    EFF is pretty much moderate copyright/freedom balance organization.
    OTOH, ASCAP is a rabid extremist radical pro-copyright agenda.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    1. Re:I'd say the opposite... by Anonymous Coward · · Score: 0

      It's not useful to label them as "pro-copyright", because most people are "pro-copyright", in the sense that they use and rely upon copyright every day and they do not want it to go away, although they may wish the terms to change (e.g., shorter copyright terms).

      I refer to the people who want extreme copyright (e.g., "forever" terms, no uses without a license, DRM trumps everything else, no reasonable fair use, etc.) as "copyright maximalists". These are people who do not want balance, but who want all the power to rest with the copyright holder forever and who don't believe the current situation grants them enough of it, even though copyright has done nothing but hand them ever more power for the last 100 years or so.

    2. Re:I'd say the opposite... by SharpFang · · Score: 1

      Many people are religious. Still, religious fundamentalist extremists are not the same as your granny going to church, and there's nothing wrong with the word "religious" in the phrase "religious fundamentalist extremists".

      I'm all against renaming extremist groups because they give a bad name to a wider community they belong to. Was that you who coined the terms "ethnosceptic" and "judeosceptic" for non-extremist racists and antisemitists?

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  24. Uh, the newspaper's name is ZeroPaid by cornicefire · · Score: 1

    This is a story on a website called "ZeroPaid". It is funded by ads from paid Usenet repositories and BitTorrent software companies. Yet, they claim they're not "anti-copyright". Hah. The only people who are zero paid are the artists.

    1. Re:Uh, the newspaper's name is ZeroPaid by king+neckbeard · · Score: 1

      Usenet and BitTorrent are not inherently anti-copyright. I've used bittorrent for downloading GNU/Linux distros, public domain works, a CC-licensed TV series, and some other legal uses. Also, most everything being said is cited by the parties involved. The one thing that we don't have rock solid evidence of is the original ASCAP letter, but it seems to be substantiated.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:Uh, the newspaper's name is ZeroPaid by dyingtolive · · Score: 2, Insightful

      Funding from ads != profit. Or did you not know there are operational costs incurred with running a website? If that's your best scrutiny of this issue, then I'd say you should probably try harder to find something else.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    3. Re:Uh, the newspaper's name is ZeroPaid by cornicefire · · Score: 1

      Dude. You really should check out Giganews. They're making a boatload of cash. Check out the houses of the owners on Google Maps. They've got tennis courts and pools. The only people not getting paid are the artists. This dude Drew is just their paid shill. He's a tool of the folks who make their money encouraging downloading.

    4. Re:Uh, the newspaper's name is ZeroPaid by dyingtolive · · Score: 1

      Fair enough. I'm at work so I'm edgy about digging too deep, but I'll check it out later. Either way, even if it is true, I can't in good conscience side up with the ASCAP/RIAA/MPAA. After all, they might as well not be paying the artists either.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    5. Re:Uh, the newspaper's name is ZeroPaid by king+neckbeard · · Score: 1

      I'd say there's a good chance the executives of the RIAA, MPAA, ASCAP, and any major record label has a bigger house than that guy.
      Also, he's talking about ZeroNews, not Usenet.

      --
      This is my signature. There are many like it, but this one is mine.
    6. Re:Uh, the newspaper's name is ZeroPaid by cornicefire · · Score: 1

      Look who advertises on ZeroPaid and supports them? Companies that charge money for torrent software or Usenet feeds. They're not volunteers. They're not copyfighters. They're businessmen plain and simple. They know people sign up for the pirated copies. They do the minimal amount they can to comply with the DMCA and then wink, wink, wink as they take the money. So sure, they give some to Drew to be a shill and attract the kind of kids who pay for Giganews memberships. But in the end, they keep it all.

    7. Re:Uh, the newspaper's name is ZeroPaid by cornicefire · · Score: 1

      Oh, btw, I don't disagree about the homes of the people who run the RIAA, MPAA and ASCAP. They're large. They may be greedy scum, but they do share something with the artists, unlike the so-called ZeroPaid.com and Giganews. I personally know one guy whose grandfather the song writer had a big house. ASCAP paid for it.
      Drew just waves his hands and talks about magical ways that filesharing may help artists. ASCAP may take 95% of the money, but they do share something and that's more than ZeroPaid, Giganews and the Torrent software companies can ever say.

    8. Re:Uh, the newspaper's name is ZeroPaid by king+neckbeard · · Score: 1

      As I said earlier, basically everything in the article has a link to the party in question saying it. Therefore, even if Drew is an anti-copyright advocate who makes owns 50% of every major usenet or torrent provider, and he kicks puppies into piles of babies, that doesn't make his article not true. As for ASCAP and the other organizations in question, it is their job to provide money for artists, so them doing a poor job of giving artists money reflects on them. The shriners, Microsoft, /., and Home Depot don't pay significant amounts of money to songwriters either, so they would arguably be on the hook just as much as Zeropaid and Giganews. If you want to claim the harm done, perhaps you should check up on the GAO report that say claims of internet piracy doing harm are bullshit, as well as some reports that suggest that piracy actually increases music sold. As for the DMCA, it's a bullshit law that should never have been passed. Operating just within an unjust law is not a horrible offense.

      --
      This is my signature. There are many like it, but this one is mine.
    9. Re:Uh, the newspaper's name is ZeroPaid by dgatwood · · Score: 1

      Well there are enough ASCAP members on Slashdot who got it. Shouldn't be hard to cut and paste. Headers and footers stripped.

      On behalf of songwriters and composers everywhere, I am urging you to support ASCAP's Legislative Fund for the Arts (ALFA).

      At this moment, we are facing our biggest challenge ever. Many forces including Creative Commons, Public Knowledge, Electronic Frontier Foundation and technology companies with deep pockets are mobilizing to promote "Copyleft" in order to undermine our "Copyright." They say they are advocates of consumer rights, but the truth is these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.

      This is why your help now is vital. We fear that our opponents are influencing Congress against the interests of music creators. If their views are allowed to gain strength, music creators will find it harder and harder to make a living as traditional media shifts to online and wireless services. We all know what will happen next: the music will dry up, and the ultimate loser will be the music consumer.

      We cannot afford to lose the support of our legislators either at this time or into the future. To this end, we must urge the members of Congress to support our rights.

      Of course, a legislative campaign of this magnitude requires funds. We are coming to you--along with many other professional ASCAP members-- to help protect your future. Of course, we understand that these are tough times for everyone. Accordingly, we are asking you to make a very small contribution to wage this battle. Our thinking is that if everyone we are approaching responds with the modest sum we are requesting, it will add up to a reasonable result. In line with this, we are requesting that you write a personal check for five dollars ($5.00) or more made out to the ASCAP Legislative Fund for the Arts. If your contribution is greater than $200, federal law requires that you provide the necessary information requested on the attached form. Please send any checks to ASCAP Legislative Fund for the Arts, c/o Adrian Ross, One Lincoln Plaza, New York, NY 10023. Please note that corporate checks are not permissible.

      You can also charge the amount to your credit card, if you prefer, by clicking on the following link:

      https://members.ascap.com/ma/EwaWeb/pub/startOnlineDonation.do

      Think of it as investing in your own future----which is precisely what it is. We will use the funds to advance our agenda in Washington on your behalf. Please read and complete the information requested on the attached form, and say "yes" to helping us help you safeguard your rights and your future income.

      Many thanks,
      Paul Williams

      --

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

  25. More telling by mystik · · Score: 2, Insightful

    What's more telling is rather than defend their positions with facts, economic or otherwise, they are simply name-calling groups that are attacking them. "They're stupid because their ideas are stupid" Bonus points for using words like 'extremist' to label their opponents in there too.

    Part of the strong-copyright groups problem is that they have been producing reports in their favor for years, and folks are finally coming around to realizing that those reports were wildly inaccurate, and skewed heavily in favor of their position.

    The art of debate in politics and policy has been lost. No --- the art has simply been reduced to kindergarten-like school fights.

    --
    Why aren't you encrypting your e-mail?
  26. John Perry Barlow by bsDaemon · · Score: 5, Informative

    Some of the older Slashdotters here may remember, but one of the founding members of the EFF was John Perry Barlow, who is intimately associated with the Grateful Dead, having collaborated as a lyricist, primarily as a partner with Bob Weir (Garcia tended to collaborate with a poet named Robert Hunter). The reason this is relevant is because the Dead is perhaps one of the best examples of the model that "free culture" advocates promote. The band pretty much encouraged bootlegging of concerts, sometimes even letting the occasional fan tap into the mixing board. There are millions of bootlegged recordings available, yet they still sell tonnes of records. More importantly, they were a huge concert draw and one of the biggest touring acts prior to Garcia's death. The spin-off bands with the remaining members, such as Dark Star and Rat Dog continue to go pretty strong, as do bands who were culturally influenced by them, and not just musically influenced, such as Phish.

    While EFF is probably more famous around here for providing defense funds for MOD hackers in the late 80s and early 90s, outting NSA wiretapping programs, and stuff like that I think it really is kind of important to remember that from their founding, they were probably the most qualified organization to take a stand on this particular issue.

    1. Re:John Perry Barlow by NekSnappa · · Score: 1

      the Dead is perhaps one of the best examples of the model that "free culture" advocates promote

      So was Metallica until they made it big.

      --
      I want to shoot the messenger!
    2. Re:John Perry Barlow by bsDaemon · · Score: 3, Funny

      Yes, and that's why Metallica are sell-outs and their music has been all down hill since they kicked out Dave Mustaine

    3. Re:John Perry Barlow by Anonymous Coward · · Score: 0

      Are you trying to make the point that the Grateful Dead never made it big? Because that's not exactly true.

  27. Buffoons by jimwormold · · Score: 1

    I'd like to put a cap in their ass.

  28. Going About This Wrong by PantherX · · Score: 3, Insightful

    Typical. Instead of just defining what copyleft is and isn't we get into a dickering match with people that have more money and resources. Let's get to the point already. In small bites so your grandma can understand in less than 2 minutes.

    Here's a start, under typical creative commons copyleft:

    Copyright - a way to make sure nobody plagiarizes your material, so you get credit for your work, usually with a motive to make profit.

    Copyleft - a way to make sure nobody plagiarizes your material, so you get credit for your work, with little regard to how that material is used, copied, improved, changed, etc.

    The main difference being copyright can be used in a Daffy Duck method. "MINE! MINE! MINE!" and copyleft is generally a "Hey, if you want to use this to do something else with, go ahead. Just make sure I get credit."

    Flame on.

    --
    Sig missing. Reward.
    1. Re:Going About This Wrong by inode_buddha · · Score: 1

      Somebody MOD this guy up, plz. I already commented, so I can't.

      --
      C|N>K
    2. Re:Going About This Wrong by PantherX · · Score: 1

      Thought about it some more.

      Copyleft is just a Copyright.

      You cannot have left without right.

      --
      Sig missing. Reward.
  29. Why won't ASCAP or BMI people show themselves? by Wansu · · Score: 5, Informative

    I'm a musician, one of the people ASCAP claims to be helping. I don't feel helped. ASCAP and BMI shakedown establishments who hire live music. Either they pay this extortion or no cover tunes can be played there. If you post your rendition of a cover tune online to promote your fledgling local band, you may be sued or extorted. Sure makes it more difficult to get a band off the ground.

    I despise these sons of bitches and I'm sure I'm not alone. I also think ASCAP and BMI people are aware that their policies and activities make them unpopular. I've never seen or heard anyone who identifies themselves with ASCAP. I understand why.

    --
    Wansu, th' chinese sailor
    1. Re:Why won't ASCAP or BMI people show themselves? by inode_buddha · · Score: 2, Insightful

      In contrast, I'm largely a visual artist nowdays -- traditional oil painting and drawing. For the last thousand years, the traditional way to teach and learn the craft, is to study and copy the Masters. As long as one gives credit to the master, everyone is happy. Usually this is done by saying something like "Study after [insert-master's name]" on the title. Such practice is encouraged, and one can even freely sell studies. But visual artists usually retain copyright under almost all conditions regardless. So if you do a study, then you have copyright on your study; the master still has copyright to his masterpiece. In the case of a master who died 500 years ago, one must still give credit to them regardless of copyright; or else it would end ones career, to be ignored or put down by other artists and peers.

      --
      C|N>K
    2. Re:Why won't ASCAP or BMI people show themselves? by NekSnappa · · Score: 4, Informative

      This is exactly the problem. If you're an ASCAP member, but aren't getting air time on the radio you'll see little to nothing from them. ASCAP shakes down every establishment that has live music for a license fee to make sure that their members get paid for "your use of their material to enhance your business."

      But if you're a member with a local following, playing your own stuff in a venue that has paid up. You won't see any money from them because your not being broadcast, or selling a significant number of CD's or downloads from the legal channels. As that is how they determine the distribution of the money from these fees.

      --
      I want to shoot the messenger!
    3. Re:Why won't ASCAP or BMI people show themselves? by mikelieman · · Score: 1

      Like this: http://www.ascap.com/about/board-intro.html

      Or this: http://bmi.com/about/entry/533112

      Personally, I've been giving Paul Williams too much credit for being cool. This stuff shows he might be kind of a dick.

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    4. Re:Why won't ASCAP or BMI people show themselves? by Reziac · · Score: 2, Informative

      Which means that ASCAP only has to pay out to performers who are *already* making enough money to hire lawyers to threaten ASCAP if said performer doesn't get paid in a timely manner.

      It follows that all the performers who aren't rich exist only to indirectly fund ASCAP.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:Why won't ASCAP or BMI people show themselves? by Anonymous Coward · · Score: 0

      There has to be a way to predict where they are going to hit next, then prepare a full recording trap with the lawyers ready for them. It could be turned into a major underground media rodeo on them, and major media would have no choice but to pick it up.
      If they're doing something illegal like that on a regular basis, this should be easy to do.
      It would be nice to see them stuck in court with possible fines hanging over them.

  30. naah, EFF is not extremist enough by roman_mir · · Score: 1

    That's not extremist, here is an extremist:

    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:naah, EFF is not extremist enough by dkleinsc · · Score: 4, Interesting

      Calling something "extremist" is an attempt to slide the Overton Window away from that position.

      A silly example of how this works:
      Party A: This bill proposes that we kill 10 puppies a day, just for the fun of it!
      Party B: That's horrible! Why would you ever do such a thing?
      Party A: Ok, ok, we'll compromise - how about only 5 a day?
      Party B: In the interests of bipartisanship, we'll go along with that.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:naah, EFF is not extremist enough by roman_mir · · Score: 1

      No, I wasn't going for that effect in either of my posts, I can't have a discussion on this topic because I can't agree to half-measures of any sort.

  31. Welcome to the USA by betterunixthanunix · · Score: 4, Insightful
    Hi, I see you are new here. Some basics:
    1. Citizens are supposed to vote for politicians that represent them; however, those citizens rarely take more than 30 seconds to look at what those politicians are actually doing, and less than half of those citizens even bother voting
    2. The two dominant political parties serve the interests of corporations. One of those parties is up front about it, the other pretends to serve the interests of the majority of the citizens while really pandering to corporations
    3. Corporations send people to Congress to represent their interests, ensuring that even those politicians who are considering representing the interests of the average citizen will have a nonstop stream of communication with corporations; most citizens do not bother contacting their representatives (many are not even sure who represents them)
    4. Anyone who dares question this system is immediately labeled as a "socialist," which is something you are supposed to be terrified of; most Americans cannot actually define what socialism is, but they "know" it is a bad thing
    5. You do have a right to protest all of this; however, the government will tell you where to hold your protest, and if you try to hold it somewhere where it will be more effective (say, in front of a major stock exchange, instead of the park 3 miles away where nobody will notice), you will be arrested because you did not exercise your rights the way you were told to -- after all, we can't have protests that disrupt anything!

    While you are here, do try to follow all our laws. Unfortunately, there are so many of them, that nobody is even sure what the exact number of those laws are, and most people wind up breaking them anyway, but you should at least try to follow them.

    --
    Palm trees and 8
    1. Re:Welcome to the USA by FriendlyLurker · · Score: 1

      Sad but true. You'd get my mod point... if i had any to give...

    2. Re:Welcome to the USA by Attila+Dimedici · · Score: 2, Interesting

      Relative to your first point, we would be better off if fewer people voted, especially if we could make sure that the ones who continued to vote were the ones who were willing to pay enough attention to know who they were voting for and why. The "motor voter" laws were a bad idea. If someone can't be bothered to take the time to figure out how to register to vote and then do so, what makes you think they will take the time to know the difference between candidate A and candidate B?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    3. Re:Welcome to the USA by Anonymous Coward · · Score: 0

      Typical elitest bs.

      Scientifically we know we're better off when more people vote, not less. Remember your bell curve and sample size equations. The more points you have the more likely you are to arrive at a true answer.

      Voting should be mandatory. The reason America is in such a shabby state is due to voter apathy. The fewer people turn out the less the politicians have to be concerned about losing their jobs to someone who actually represents the will of the majority rather than his or her corporate backers.

    4. Re:Welcome to the USA by Anonymous Coward · · Score: 0

      I really wish there was a way to get this mod'd above 5.

      Nicely done.

  32. Two Words by Dogun · · Score: 2, Funny

    Untapped revenue. All your sound waves (and their reflections) are belong to us!

  33. Is it just me... by Anonymous Coward · · Score: 0

    I can't see ASCAP without thinking that a cap is just hat. Making ASCAP ASHAT. Which seems more accurate.

  34. Radicalism all around by pyalot · · Score: 2, Insightful

    The EFF and Public Knowledge are doubtlessly on the relaxed side of copyright. Also doubtlessly the ASCAP is not in any way relaxed about copyright. In fact, it would seem that the ASCAP is a fervent pro-draconian-copyright troll.

    The question isn't weather the EFF and Public Knowledge are radical contra-copyright. The question is who will be radically contra-copyright if the radical pro-copyright trolls force an equal opposition to emerge to their radical pro-copyright views. I've got doubts though that the EFF or Public Knowledge would be polarizable enough in the coming copycalypse. I'd peg them as mid-field. The Pirate Party (I'm a member of the swiss one) seems a much more natural contra pole to the pro-draconian-copyright trolls.

  35. Can't we enlist... by Anonymous Coward · · Score: 0

    Can't we enlist the help of somebody at a major network (I'm thinking a Glenn Beck type)? I mean love em or hate em (personally I hate them but I'm willing to exploit them), but wouldn't it make sense to have them get Americans all up in arms over "losing their freedom"?

    I mean this in all seriousness, I'm not trying to troll here but can't some talking head crying over the loss of his rights to manipulate goods he purchased in any way he wants actually help? I also acknowledge that this would be a tough sell on a network that is very much pro-corporate and pro-copyright.

  36. ASCAP's whole bit is pretty funny by xtrafe · · Score: 1

    "We're here to protect your rights. If it weren't for us, you'd be going broke. In fact, the sky could come falling right down on top of you! ... so, uh... got a dollar?"

    Walks like a scam, talks like a scam, I think I'll call this a scam. That ASCAP is working for the good of society is a pretty tough sell when it has declared war on organizations that work to make things free to the public, and ASCAP itself is looking for a handout.

  37. The EFF's proposal is ASCAP by cornicefire · · Score: 1

    The irony is that the EFF's voluntary collective licensing is pretty much the same as ASCAP. It's not much different from Rhapsody and it never caught on. People like the idea of "ownership" for whatever reason. Maybe it's Steve Jobs' reality distortion field.

    1. Re:The EFF's proposal is ASCAP by king+neckbeard · · Score: 1

      The EFF isn't doing the licensing. They like Creative Commons licensing as well as Free and Open Source Software, but they aren't inherently opposed to works under 'normal' copyright. What they are opposed to is fair use rights being impeded and consumers not being able to use media they legally have access to how they want.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:The EFF's proposal is ASCAP by cornicefire · · Score: 1

      Check out their proposal: http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing They want everyone to put money in a pool and then the artists split it based on how often their music is actually paid. But it requires bugging everyone's computer/ipod and building a huge db of what everyone listens to. This didn't make the privacy people at EFF very happy.

    3. Re:The EFF's proposal is ASCAP by king+neckbeard · · Score: 1

      I don't think the EFF was pushing it so much a they were pointing to it as a possible business method that would be much less stupid than their current methods. It's not as if the EFF is anti-ASCAP anyway, except perhaps the practice of bullying small venues into paying fees. The basic idea behind ASCAP is alright, and it didn't start out as a devious organization, but their behavior has changed as technology has progressed.

      --
      This is my signature. There are many like it, but this one is mine.
    4. Re:The EFF's proposal is ASCAP by cornicefire · · Score: 1

      The EFF trots it out every time they need some political cover. They can say, "See, we're not anti-artist, we're not anti-copyright." But then they spend their time defending all of the file sharers they can find. They're paid shills for the hardware companies and the bandwidth companies. They want you to buy bigger, faster machines with faster net connections and the easiest way to do that is to wink at file sharing. They don't care about the artists and they hold up this ideal of "free and open" to make it seem like it's somehow anti-freedom to pay an artist for their life's work.

    5. Re:The EFF's proposal is ASCAP by king+neckbeard · · Score: 1

      The focus of the EFF isn't even copyright. It's a concern for them, but one of many concerns. They care more about privacy and fighting DRM.

      The 'bandwidth companies' would be ISPs and maybe companies like Cisco. ISPs often provide television services so they are generally on good terms with Big Content.

      As far as hardware companies go, the only relevant ones would be Western Digital, Seagate, Sandisk, Hitachi, Kingston, and such, and they aren't on the list of major sponsors. If you can find some records showing otherwise, please do so.

      Also, they have pointed to tracking dots printers have as a privacy concern and are critical of trusted computing, so they are definitely not shills for the hardware industry as a whole.

      Finally, defending filesharers is not anti-copyright or anti-artist. It's not advocating ultra-strict copyright enforcement, but that doesn't make them anti-copyright.

      --
      This is my signature. There are many like it, but this one is mine.
    6. Re:The EFF's proposal is ASCAP by cornicefire · · Score: 1

      Oh, it's not just the disk drive manufacturers. Look at their annual report. While they get money from individuals, they also take cash from groups like the Consumer Electronics Association. Notice that it's not the Consumer Content Association. People who MP3 players (i.e. members of the CEA) like it when there's plenty of free content available and so they tend to support the EFF and other organizations that play up the greatness of the "free and open Internet".

    7. Re:The EFF's proposal is ASCAP by king+neckbeard · · Score: 1

      The CEA consists of hardware and software companies. Microsoft, Adobe, Apple, and Google are all members of CEA, and Ballmer and Gates have delivered the keynote of CES. There is a strong software interest in CEA, with Also, John Perry Barlow is a founding and current member of the EFF, and he was a lyricist for the Grateful Dead (and was at least at one time a member of ASCAP). Your accusations of the EFF being hardware company shills have no real basis. CEA has a significant software backing that consists of big software companies that want stronger copyright. About the only way that your argument could be weaker is if the RIAA itself donated to the EFF.

      --
      This is my signature. There are many like it, but this one is mine.
    8. Re:The EFF's proposal is ASCAP by Anonymous Coward · · Score: 0

      To cite JP Barlow as an example of how the EFF represents the music producers is just wrong. He's got different opinions than the others and he's not shy about saying he's different. Really.
      Also, lobbying groups like the CEA aren't affected by a few members like the software companies. Big companies routinely join organizations like the CEA just to track what the competitors want. It greases the wheels.
      To understand the CEA's position, why don't you take a look:
      http://www.ce.org/AboutCEA/CEAInitiatives/3631.asp
      Notice how it states that consumer electronics deliver wonderful things and copyright owners had better keep their mitts off them.
      "Consumer electronics products are a vital link allowing the world's citizens access to information, education and entertainment. Increased access to this technology will shrink the digital divide and produce a renaissance in arts, science, music, academics and creativity across the entire world. Copyright owners must resist the temptation to restrict technology. If successful, restrictions will deprive the public of equal and fair access to information, entertainment and education. "
      It's all about making sure that the consumers don't waste their money on content. Then they'll have more to spend on gadgets. The EFF is their tool.

    9. Re:The EFF's proposal is ASCAP by king+neckbeard · · Score: 1

      To cite JP Barlow as an example of how the EFF represents the music producers is just wrong. He's got different opinions than the others and he's not shy about saying he's different. Really.

      it's about as relevant as a hardware and software consortium being one of the donors to the EFF.

      Notice how it states that consumer electronics deliver wonderful things and copyright owners had better keep their mitts off them.

      wait, so because the CEA wants to preserve the status quo for fair use, they are anti-copyright? Get a grip.

      --
      This is my signature. There are many like it, but this one is mine.
  38. Re:Ha. Our Corporate Werlfare State of US, EU.... by OldHawk777 · · Score: 1

    The last POTUS, I remember speaking against corporate welfare was on of my least favorites POTUS DD Eisenhower.

    All others, mostly, have supported religion and corporations equally well for their own interest with a real Fyck US The People/Public attitude.

    !HAVEFUN! if you're not financially benefiting, you're not a white-collar prostitute.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  39. ASCAP by jav1231 · · Score: 1

    All
    Songs
    Copied
    Are
    Pirated

  40. "Radical extremist" by quacking+duck · · Score: 2, Informative

    No, that wasn't a misquote from the NMPA, that's a quote from Canada's Heritage Minister James Moore in response to reasoned opposition to his Bill C-32, which introduces DMCA-style IP laws, labelling any opposed to it or in favour of a more balanced approach, like Michael Geist, as "radical extremists."

    Unsurprisingly, these inflammatory words come from the ruling party which takes as many pages from the neo-conservative playbook as they can.

    The phrasing is so similar that Moore should sue the NMPA for willful copyright infringement.

  41. My Opinion: Bite Back by Bob9113 · · Score: 2, Interesting

    I think that the time has come for the members of our community (individual and organizational) to stop holding ourselves to a higher standard of decency. The simple, ugly fact is that these kinds of battles are won by those who are willing to fight according to the rules of the game -- ie: dirty.

    These fascists are bent on corrupting our legislative process to put more power into the pockets of copyright lawyers and labels with no regard for the artists they manipulate beyond their own corporate self-interest, let alone the interests of other artists or society as a whole. That is, perhaps, as it should be. Corporations are supposed to be purely rationally self-interested. But do not let them pretend the moral high ground.

    Let us put this argument on the ground it should be on. Do not merely defend our position that copyright should be designed to maximize artistic productivity and reach within our society as a whole -- expose their rationally self-interested fascism and corruption for what it is. They do not have the interest of the advance of science and the useful arts at heart. They want the progress of the useful arts strictly controlled in a manner that maximizes their corporations' acquisition of wealth.

    I do not begrudge them this desire. They are what our economic system designs them to be. But it is entirely necessary that we, in our public discourse of such matters, consider them as they truly are. In short, they have made this a matter of public opinion. Tell the public what these vicious animals are, in the harshest and most unflattering light possible.

  42. another license != copyright elimination/extremism by Anonymous Coward · · Score: 2, Interesting

    Creative Commons is a LICENSE. It's built on and entirely dependent on copyright. ASCAP deals with licenses all the time. Creative Commons and similar licenses are another variety of copyright license with different terms. If ASCAP wanted to provide some legal advise for artists and claim it isn't a good license, fine, but why go to ridiculous extremes such as claiming it undermines copyright itself? Why?

    It's obvious what the real problem is. Creative Commons and similar options are a special kind of license that ASCAP must care deeply about because it's an option that artists can choose to apply to their own copyrighted work -- without involving ASCAP. This is why ASCAP is fearful. It leaves them out of the equation. They worry that artists will choose to distribute their works using some other license option on the Internet.

    It's a scary proposition when your racket is being threatened, and they're lashing out at it as maliciously as possible. Thus, ASCAP must misinform artists about alternative licenses, and scare artists into thinking copyright is under threat if these licenses are used. It's nonsense. Artists are free under copyright law to choose whatever license they want. Copyright itself is untouched. ASCAP must paint institutions that support alternative licenses as having ulterior (and false) goals such as eliminating copyright. Also nonsense, given that these institutions use copyright every day in their own works.

    Basically, ASCAP hopes artists won't come to understand what the Internet can do: get rid of the middlemen. Thus, ASCAP is against choice when it comes to artists and copyright licenses.

    So, how does it feel, artists, to have "your" interests being taken care of by ASCAP?

  43. Where's Uncle Sam? by MacGyver2210 · · Score: 1

    If they're declaring war on US citizens can the government please step in and fight back? This is fucking ridiculous.

    --
    If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
  44. Notice the language by acalltoreason · · Score: 1

    Notice how they use "extremist radical", words used to describe terrorists. This is becoming an inane and insane battle. The EFF and Public Knowledge, I'm assuming, at this point, are more than a little confused.

    --
    Where has reason in the world gone? Have we abandoned it in favor of power and politics?
  45. Thank you, ASS CAP by Legion303 · · Score: 1

    In addition to never joining or supporting a record label with ties to RIAA, I now know to steer clear of ASCAP as well. Thank you for showing your true stripes.

  46. Are you kidding? by Anonymous Coward · · Score: 0

    Just look what those extremists think!

    No. 3: They oppose graduated-response protection for copyright owners.

    No. 2: They oppose treaties that support copyright enforcement like the Anti-Counterfeiting Trade Agreement.

    Seriously how can you support people like that?

  47. Post-Industrial Economics by pcfixup4ua · · Score: 2, Insightful

    The notion of Intellectual property, backed with military force, is the mechanism by which the elite is preserving its place in the world. America has outsourced all industry, mostly to China and India, and has no way to generate income except through revenue from Patents, Trademarks, and Copyrights. The greatest leverage the recording/movie industries have is they are the only ones bringing in wealth from outside. The only other thing we export is debt. Change will not come from within the United States because by the time the middle class starts to care, they will be crushed.

  48. Orphan works are a major problem by langelgjm · · Score: 3, Insightful

    You claim that shortening copyright would have no impact on the availability of (many) books because there is no demand for them in the first place.

    You then support your claim that there is no demand for them by claiming, presumably, that the cost of a limited print run would be so low that were there any demand, it could profitably be met.

    I don't really buy this. Isn't the entire problem with thousands and thousands of orphaned works that the copyright holder can't even be easily identified? So that even if there is demand, and the costs of a limited print run are small enough that I decide it would be profitable to do it, I can't find the copyright holder (who may be dead, have gone out of business, or simply forgotten or lost the records pertaining to the copyright).

    There are a huge number of books that are out of print but still under copyright. Wasn't one of the benefits of the Google Books scanning project to make these widely available at essentially no cost to interested readers? I could turn your argument around and say, look, if the copyright holders weren't exploiting their copyright and selling the book in the first place, clearly they didn't think it was worthwhile to do so, so what's the harm in Google scanning it and making it available?

    Furthermore, there are other reasons to have access to the text of old books than just for passing interest or pleasure of reading them. Lots of scholars would love to have full-text search capability of old, out-of-print works, if only for statistical analysis. It doesn't make sense to do this with limited print runs, and it would be prohibitively expensive. Just scanning everything, OCR, and archival makes much more sense.

    On the issue of film preservation, a letter from the National Film Preservation Foundation discusses the problem of orphan works again:

    "In an environment of scare resources... Copyright status becomes part of the preservation decision-making process... I believe that important parts of America's film heritage will become lost to educators and the general public unless some simpler, more structured and cost-effective system can be developed for ascertaining the rights status of orphan works." (source)

    If copyright were shorter, there would be fewer orphan works, and at least according to that group, more preservation and dissemination of cultural material.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
  49. It's not an "all or nothing" choice by langelgjm · · Score: 2, Interesting

    You are talking about dropping a book into the public domain once the sales are no longer enough to keep it in print, and in order to do that, you have to strip all rights the author has to their own book away. So, if the author wants to try again, they can't - the book is in the public domain, and they no longer have any say in the matter.

    You do realize there are alternatives to just "all or nothing", right? For example, bringing back copyright renewal accompanied by a registration fee (which in fact used to be the way it was done in the U.S.). Statistical evidence shows that the vast majority of works were not renewed, indicating that the copyright owners did not think the fairly small renewal fee was worth it.

    That sort of system both enhances the public domain and allows authors who believe their work has continued economic value to continue to exploit the copyright. In fact, one proposal by Posner (7th Circuit Appeals Court Judge, famous for law and economics) and Landes (a well-known IP academic) actually makes a case for indefinite copyright. See: Landes, William M, and Richard A Posner. “Indefinitely Renewable Copyright.” University of Chicago Law Review 70 (2003): 471.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:It's not an "all or nothing" choice by Anonymous Coward · · Score: 0

      Registration also makes it easy to track down the actual copyright owner. Under the current system, tracking down the copyright owner is a major obstacle. In many cases, the copyright owner may not even realize they own the copyright.

  50. I'm not anti-copyright by rpresser · · Score: 1

    I'm just anti-ASCAP/RIAA/MPAA. And any organization that is against them will get my donation. Copyright holders who are hurt by that will stop being hurt by it when they stop giving their money to the scum of the earth.

  51. PayDay by Anonymous Coward · · Score: 0

    If one artist/writer/composer is not getting paid what they have contracted and ON TIME, then ASCAP is not doing their work. What more needs to be said.

  52. they should try this carp at Bob's Country Bunker by Joe+The+Dragon · · Score: 1

    they should try this carp at Bob's Country Bunker as if they do that ASCAP and BMI rep may just get there ASS kicked in! Like they did to that union guy I herd they where shooting at his car at high speed.

  53. Careful now.. by Karunamon · · Score: 1

    The only problem with that is that big media is on the side of those we wish to attack. With an attitude like that, it's only a matter of time before the wrong kind of publicity is received, and any legitimacy goes down the tube.

  54. Canadian government in their pocket? by starslab · · Score: 1

    I'm seeing a trend here....

    I think it was last week the Canadian minister trying to ram a restrictive copyright bill through our government was crying about "extremists who oppose copyright". I tend to give government officials in the Western world the benefit of a little doubt, but now I'm really wondering who's pocket he's in....

  55. Libel? by Anonymous Coward · · Score: 0

    Couldn't Creative Commons and the EFF just sue ASCAP for libel?

    IANAL, obviously, but it seems to me that there is a major contradiction in the act of declaring an organization that builds upon copyright as being anti-copyright. Furthermore, ASCAP is actively trying to demonize CC and EFF in the eyes of its members and the general public in order to raise money...

  56. The First Congress thought 14 years + one renewal by Anonymous Coward · · Score: 0

    was plenty. And that was in an environment where it arguably took a lot LONGER to make profits off a work than it does today.

  57. ASCAP is still very much alive by westlake · · Score: 1

    I don't think there is an actual composer or author left in the group

    Then you would be wrong

    ASCAP held its 25th Anniversary Film and Television Music Awards on the 24th - the first to include an award for video game music:

    Call of Duty 2: Modern Warfare 2, score by Hans Zimmer (The Lion King) and Lorne Balfe.

    That video game production can attract - and pay for - talents like Zimmer is something the geek ought to know.

    Among the many familiar names receiving awards were Michael Giacchino, Randy Newman, Nicholas Hooper, Alan Silvestri, and James Horner.

    Collectively, these composers have an audience that could quite plausibly be counted in the billions.

    1. Re:ASCAP is still very much alive by KDR_11k · · Score: 1

      I don't even remember CoDMW2 having music, guess that shows how memorable that was...

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  58. ALL ABOARD THE BANDWAGON!!! by _0rm_ · · Score: 1

    Now the National Music Publishers Association has weighed in to support ASCAP, saying that organizations like Public Knowledge and the EFF 'have an extremist radical anti-copyright agenda,' according to a transcript of a speech posted on Billboard.

    CHOO CHOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!

    --
    Boredom is bliss.
  59. Trent Reznor by Anonymous Coward · · Score: 0

    ... made so much on Ghosts that he then released a couple albums entirely for free, including the Garage Band and Ableton sources and lossless quality releases. ... and yet, he still made money on them.

    Then he released raw video data of all his concerts, and encouraged bootlegs, recuts and re-edits, and tried to crowd-source his art, and succeeded at it.

    Your blanket statements are incorrect.

  60. Source code for 5 year old Linux... by Anonymous Coward · · Score: 0

    Source code for 5 year old Linux could be used to create a pretty good competitor and be closed, true. But not one GPL coder would mind if copyrights were expiring on 5 year old works.

    And if the 5 years of work hasn't produced a better enough Linux, then it deserves to get its lunch eaten.

    One extra I would add: ALL COPYRIGHTED WORKS must be in a transformative format. I.e. source code for software, nonDRM for media, open formats, etc. Else you have gained nothing from closed source going out of copyright (and you can't learn from it either, which abrogates the purpose of copyright), nor do you get anything from your BluRay collection because you have to break the law personally to get at the content after expiry.

    And, lastly, if someone is willing to wait FIVE YEARS for your stuff to get it free, they weren't going to buy it anyway: five years is when even the blockbuster gets into the bargain basement bin for £3 instead of £18. Another £3 difference is not going to change anyone's mind.

  61. Seriously? This is their argument? by pugugly · · Score: 1

    No. 10: They support changing the law to reduce damages for copyright infringement.

    Yes. As a policy, these people make an argument that the damages are too high. You argue the other way. An Argument about whether the fine for violating the speed limit is or is not to high is not an argument about whether or not there should be either a fine or a speed limit.

    No. 9: They support the elimination of statutory damages for secondary copyright infringement.

    Similarly an argument about whether car manufacturers should be fined for creating engines that can surpass the speed limit is not an argument about whether there should be a speed limit.

    No. 8: They favor rolling back copyright extension; in some cases, radically.

    By the same token, and argument about where the speed limit is too low or high, is not an argument about whether there should be a speed limit.

    No. 7: They favor the elimination of the songwriter and publisher rights for server, cache and buffer copies.

    Nice analogy, but hey, it falls down here. What you are saying, seriously, is that you won't be satisfied until you can fine people for automated processes that have nothing to do with the actual violation. You're saying this in public?

    No. 6: They oppose efforts to obtain the identities of individuals engaged in massive copyright infringement.

    Citation needed. I am not aware of any effort to block this. I am aware of efforts to hold people attempting this to a legal standard of accuracy.

    If you confuse the two, you are incompetent.

    No. 5: They support extreme versions of orphan works legislation.

    Define 'Extreme' Please.

    No. 4: They have filed legal briefs supporting anti-copyright positions of Grokster, Napster, LimeWire, Cablevision, Google, YouTube and Verizon.

    They have filed briefs making valid arguments against extending copyright past the current state, which many reasonable people consider overreaching not only the law, but the constitutional provisions explicitly underlying the law. You get to file arguments. Then a judge decides.

    That's the system, and you have used it regularly. I won't say you're not allowed to bitch about it, but decent people have the good sense not to throw tantrums in public over a system they have happily used.

    No. 3: They oppose graduated-response protection for copyright owners.

    The difference between "Destroy them" and "Destroy them, their livelihoods, their family, their employer, and get their little dog too" is, by some unreasonable souls, not considered 'graduated response'.
    Learn what you look like from outside please.

    No. 2: They oppose treaties that support copyright enforcement like the Anti-Counterfeiting Trade Agreement.

    ACTA does not 'support' enforcement. It supports enforcement is ways that many reasonable people find questionable. You have the option of defending those methods, you've chosen instead to indulge in erecting straw man arguments.

    No. 1: They actually argue that illegal peer-to-peer file-sharing traffic helps the economy and doesn't hurt songwriters.

    More to the point, they present arguments that the assessments of that harm has been inflated far past any reasonable assessment of that harm would indicate, and that the attempts to inflate those assessments are conscious and dishonest.

    In doing so, they have presented genuine numbers, how they arrive at them, and why they find your numbers unlikely. Your reaction has been flat denials, without successfully undermining their assumptions, the facts they present, the economic evaluations they use to assess the damage, finally resulting in your being unable to undermine their final assessments.

    Their final assessment is that you are attempting to cause panic as if there were an ebola epidemic, when a reasonable assessment is that there is a cold or mild flu. Additionally your methods for preventing the cold from spreading would be to shut down numerous public options that do far more than simply allow the spread of

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media