Slashdot Mirror


A Composer's-Eye View of the Copyright Wars

bonch writes "As an experiment, composer Jason Robert Brown logged onto a site illegally offering his sheet music for download and contacted hundreds of users, politely asking them to stop listing the material. Most complied, some were confused, and a few fought back. Brown chronicles a lengthy exchange he had with a teenage girl named Brenna, which provides an interesting insight into the artists' perspective of the copyright debate. He also responds to several points raised in comments to the article and says, 'I don't wish to be the enemy; I'm just a guy trying to make a living.'"

973 comments

  1. It's not "trade" by countertrolling · · Score: 1, Flamebait

    It's share. And we have that right, should we decide to enforce it. Or we can placidly give it up, like so many of our other rights.

    --
    For justice, we must go to Don Corleone
    1. Re:It's not "trade" by Anonymous Coward · · Score: 0, Offtopic

      I like how you have the right to share other people's material.
      HEY DUDE IM SHARING UR SAMMICH THX MAN DONT WANNA GIVE UP MAH RIGHTS EITHER

      (Filter error: Don't use so many caps. It's like YELLING.)

    2. Re:It's not "trade" by matzahboy · · Score: 5, Informative

      You are allowed to share, as long as it is the original copy. That's how libraries work. You are allowed to buy a piece of sheet music and give it to a friend. But you are not allowed to buy a piece of sheet music and give your friend a replica. Then there are 2 copies and you only paid for one. Without DRM, it is nearly impossible to share music or sheet music legally on the internet. To share it legally would mean deleting your copy when you send it to a friend.

    3. Re:It's not "trade" by Anonymous Coward · · Score: 5, Insightful

      If you can make a 1:1 copy of my sammich without degrading the original, then please, share away.

    4. Re:It's not "trade" by White+Flame · · Score: 4, Insightful

      You fail to grasp what the word "copyright" is: The right to copy. The capability to copy something easily does not automatically grant you the legal right to do so.

    5. Re:It's not "trade" by martas · · Score: 3, Insightful

      what if making that sammich took you several weeks' (months? years?) of work, as is probably the case with most musical compositions?

    6. Re:It's not "trade" by Anonymous Coward · · Score: 5, Insightful

      No biggie. I didn't make the sandwich with the intention of being a gigantic twat and keeping it to myself or gouging people for copies of it, I was just hungry.

    7. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Well, there is something being exchanged. Two people are exchanging bandwidth when they trade files. It's a limited resource.

    8. Re:It's not "trade" by Kitkoan · · Score: 3, Insightful

      You are allowed to share, as long as it is the original copy. That's how libraries work. You are allowed to buy a piece of sheet music and give it to a friend. But you are not allowed to buy a piece of sheet music and give your friend a replica. Then there are 2 copies and you only paid for one. Without DRM, it is nearly impossible to share music or sheet music legally on the internet. To share it legally would mean deleting your copy when you send it to a friend.

      With DRM, its nearly impossible to share music or sheet music legally amongst your own friends/family, original or not.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    9. Re:It's not "trade" by GNUALMAFUERTE · · Score: 1

      You sir, are awesome.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    10. Re:It's not "trade" by cacba · · Score: 1

      Unless they put a clause in that prevents you from sharing, as they usually do. An online library would destroy demand.

    11. Re:It's not "trade" by Anonymous Coward · · Score: 0

      So, how about if I go to the library, check out the sheet music, learn the song, and perform it? Return the sheet music for the next singer to check out? Have I ripped anyone off? I don't need the music anymore, I've got it memorized. In perpetuity. So will the next singer. But only one copy of the score was ever paid for. What is the "morality" here?

    12. Re:It's not "trade" by mrcaseyj · · Score: 5, Insightful

      I like how you have the right to share other people's material.
      HEY DUDE IM SHARING UR SAMMICH THX MAN DONT WANNA GIVE UP MAH RIGHTS EITHER

      Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay. If you got the ingredients to your sandwich from a charity, and you begged for someone else to assemble it for you, and somebody else invented the methods of producing the ingredients, and some volunteer soldier protected you from having your sandwich stolen by invaders, and all you did was specify the layout of the ingredients between the the bread, I still wouldn't steal it from you. But if I did I would feel a lot less guilty about it. I support copymonopoly, but only for the minimum length of time needed to incentivise people to produce it. Fifteen years, like our first congress authorized, is plenty for the vast majority of works. Even less would be appropriate for most works. To let copymonopoly extend for 150 years like current law is a violation of the constitution's requirement that copymonopoly not go on forever. More than 100 years is forever for all practical purposes and is totally unnecessary to incentivise production. It's very damaging to humanity to restrict access to all that old information.

    13. Re:It's not "trade" by Anonymous Coward · · Score: 3, Insightful

      (I'm OP)
      No, instead, you didn't even MAKE a goodamn sammich. You don't even know how.
      You just talk about it as if you could, and take other people's sandwiches because you're too lazy to make your own.

    14. Re:It's not "trade" by Nadaka · · Score: 5, Insightful

      Copying is a right. Just one that is restricted by law.

      Copyright law is a misnomer, it would be more appropriate to call it copy restriction law.

      A right is something you can do without the hindrance or the requirement of assistance from another. Copying information available to you is such an act.

      Copyright restriction is not a right of the creator, but an entitlement bestowed temporarily in exchange for publishing creative work. Once information has been handed to another, only physical force can stop that person from making copies.

    15. Re:It's not "trade" by Anonymous Coward · · Score: 1, Informative

      Presumptuous, are we?

      I'll have you know, I make sandwiches on a regular basis.

    16. Re:It's not "trade" by Anonymous Coward · · Score: 0

      That would mean they're trading bandwidth, not files. So they're still file *sharing*. Thanks for the clarification, nitwit.

    17. Re:It's not "trade" by Jawnn · · Score: 3, Insightful

      With DRM, its nearly impossible to share music or sheet music legally amongst your own friends/family, original or not.

      Quite so. And your point would be, what? That this inconvenience justifies the theft of IP? That's just stupid. Not quite as stupid as punishing people who have legally paid for a DRM encumbered work, but stupid nonetheless.

    18. Re:It's not "trade" by matzahboy · · Score: 1

      DRM usually works on a license. You can copy the file as many times as you want, but you can only authorize a finite number of copies. If that number was 1, you can give a copy to your friend and then deauthorize your own. Then it is legal.

    19. Re:It's not "trade" by Anonymous Coward · · Score: 1, Insightful

      It's share. And we have that right, should we decide to enforce it. Or we can placidly give it up, like so many of our other rights.

      Wrong!

      What makes you think you have a right to "share"? You can lend the physical printed sheet music, but you can't make a copy of it and give the copy to someone else. That's not sharing. That's copyright infringement.

      This is one of the many excuses people make for ripping off the creative talents who make the music.

      Please do try to "enforce" your "right" to "share" - let me know when and where, because I'd enjoy seeing you get slapped down.

    20. Re:It's not "trade" by Anonymous Coward · · Score: 1, Insightful

      I mean AC not OP.

      Trying to make a living doesn't make you a twat. Sure the RIAA is greedy to sue people for millions, that's not what I'm referring to. I'm referring to you taking without paying ninety nine cents.

      Do you even think, or do you just imagine everything the way you want it to be?

    21. Re:It's not "trade" by Kitkoan · · Score: 2, Insightful

      With DRM, its nearly impossible to share music or sheet music legally amongst your own friends/family, original or not.

      Quite so. And your point would be, what? That this inconvenience justifies the theft of IP? That's just stupid. Not quite as stupid as punishing people who have legally paid for a DRM encumbered work, but stupid nonetheless.

      My point would be that it's not justifiable to purposefully cripple a product just because someone can do something wrong with it. It would be like making sure no car can go over 10mph because someone could get drunk and kill someone if allowed to go faster, you can't allow a knife to be sharp because someone can kill with it...

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    22. Re:It's not "trade" by kc8apf · · Score: 2, Insightful

      Seems like we already have: top speed limiters, safety scissors, plastic butter knives....

      --
      kc8apf
    23. Re:It's not "trade" by BrokenHalo · · Score: 5, Insightful

      The capability to copy something easily does not automatically grant you the legal right to do so.

      ...Which is exactly what the article is about. From the teenager's perspective, she's grown up in an environment where virtually all content is available at the click of a mouse, without having so strain a single neuron in consideration of the implications of that.

      And it is easy to sympathise with her point of view as a teenager without a credit card and without family supportive of her theatre. But nonetheless, the composer has a perfectly valid point - in fact, several.

      One area where he could have made his case a bit better is that the teenager was apparently offering his work for "trade" (whatever that might mean), which actually does not fit quite so conveniently with the image of a struggling artist in need of sheet music.

    24. Re:It's not "trade" by Kitkoan · · Score: 4, Insightful

      DRM usually works on a license. You can copy the file as many times as you want, but you can only authorize a finite number of copies. If that number was 1, you can give a copy to your friend and then deauthorize your own. Then it is legal.

      Thats DRM on paper, but it rarely if ever works out that way. My friend has games on Steam and last thing I knew, he couldn't transfer one to me and deauthorize his own. Same issue with anything bought from iTunes. Greed mixed with DRM typically turns out to be a bad combination. This also doesn't take into consideration of DRM issues with server checks. Servers are shut down (or in the case of the newer Ubisoft DRMs, servers can have connection issues) and then it doesn't matter how well care you give your purchase/'investment', it can and will be taken away from you regardless if it was legally purchased and your the original purchaser, all without your consent.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    25. Re:It's not "trade" by Kitkoan · · Score: 1

      Seems like we already have: top speed limiters, safety scissors, plastic butter knives....

      We also still have those same products without those limits/safety-locks. You rarely if ever have a non-DRM version of the same DRM-laced product.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    26. Re:It's not "trade" by Endo13 · · Score: 1

      Very well-put. Should be modded up.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    27. Re:It's not "trade" by Anonymous Coward · · Score: 0

      I don't know how to make a sandwich. I get confused after the bread. I put mustard on the crust but the bologna made it fall over. What is your recipe?

    28. Re:It's not "trade" by Anonymous Coward · · Score: 0

      While arguing the analogy is cute it won't win you the argument, you understand the point I am making wether or not it fits the analogy perfectly.

      Honestly the chances of you being one of the few individuals making a living off of music isn't very high, especially considering you called musicians twats for not sharing. So there's the tiny chance that you work a day job and write your own music for free. Not many people can do that.

    29. Re:It's not "trade" by epp_b · · Score: 2, Interesting

      What if you created a fire by rubbing two sticks together, after which I walk over with a third stick and dip it in the flame you created?

      Copyright is necessitated by technology. Once technology finds a way around it, historically, copyright has been changed to accommodate technology, not combat it. Otherwise, all copyright ends up being is legislated regress of technology.

      If someone doesn't see enough value in a non-tangible creation, no law is going to cause them to pay for it. Merely creating good art is not good enough any more. Technology giveth and technology taketh away: it giveth you the ability to produce more quickly and efficiently (you merely need to strike a match or flick and lighter instead of rubbing two sticks) and it taketh away your ability to control your creations exclusively.

    30. Re:It's not "trade" by MakinBacon · · Score: 1

      With DRM, its nearly impossible to share music or sheet music legally amongst your own friends/family, original or not.

      Yeah, I hate those new paper-based DRM systems, too.

    31. Re:It's not "trade" by Kitkoan · · Score: 1

      With DRM, its nearly impossible to share music or sheet music legally amongst your own friends/family, original or not.

      Yeah, I hate those new paper-based DRM systems, too.

      Those older ones from the 80's were the worst. 'Please enter the third word on line 8 found on page 19.' Manuals became worth more then the game itself...

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    32. Re:It's not "trade" by hackwrench · · Score: 1

      The RIAA and its supporters say that not paying for someone else's work is unusual and wrong. You use someone else's work for free everytime you walk through a building. You don't pay the architect or the contractor anything. Yet that is what the RIAA wants for its goods.

    33. Re:It's not "trade" by White+Flame · · Score: 3, Insightful

      A right is something you can do without the hindrance or the requirement of assistance from another.

      I'd disagree with that. First, the right to socialized systems like military protection and even civil systems like due process definitely requires the assistance of another. A right is an agreement among society that a behavior will be allowed, or a service will be available/performed. And just because you can do something without repercussion doesn't mean that you have a bona fide right to it. Financial burden can prevent you from doing many things you'd otherwise do without hindrance, and you cannot demand a right to continue doing what you cannot afford.

      So how is copying a "right"? Rights are established by governments as acknowledged and enforced (legal rights), or held and enforced as social/religious/cultural norms within subgroups of people. Now, you might classify the "right to copy" as a right claimed by some growing social convention, but if it clashes with how the government views that field of behavior then trouble brews. There are no legal rights without legal infrastructure, and "innate/natural rights" are the realm of philosophy and theology with no single answer and serious conflicts between differing cultures.

      And again, the fact that only physical force can stop you from making copies does not mean that it you have the right to make such copies, when the laws of the land specifically grant the right (yes, the right) to control copying of their work to the author.

      Sure, you can claim that the government's stance on IP needs to change, but you cannot claim any authentic right to copy whatever you want, at least not here in the USA and similar western countries.

    34. Re:It's not "trade" by mjwx · · Score: 4, Funny

      HEY DUDE IM SHARING UR SAMMICH THX MAN DONT WANNA GIVE UP MAH RIGHTS EITHER

      If you can make unlimited copies of my sandwich without in diminishing the original then you, by all means may.

      In fact I'm particularly hungry today so could you make me a copy of said sandwich.

      OK, Sudo make me a copy of the sandwich.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    35. Re:It's not "trade" by BrokenHalo · · Score: 1

      There's nothing wrong with that at all. You would still be legally liable for royalty payments to the songwriter, which get taken from your sales of performance tickets. That's a wholly different issue to the distribution of replica copies of sheet music.

    36. Re:It's not "trade" by rotide · · Score: 3, Insightful

      Interesting, but you seem to have assumed something HUGE in your first sentence of which _needs_ a citation provided.

      "Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay."

      How in the world can you make that claim?

    37. Re:It's not "trade" by clarkkent09 · · Score: 2, Insightful

      I don't understand why do you feel that you have that right. For example, I downloaded a major video editing application. I really needed it but I know I wont use it very often, and I can't justify paying the high price. Ok, so I did it but if I think about it I feel a bit guilty and I don't at all feel like I had the "right" to use that software without paying for it. I know that the company that makes it hires 100s of engineers and spends millions annually just on their salaries and if everybody had the "right" to get it for free then how could they possibly continue developing it?

      --
      Negative moral value of force outweighs the positive value of good intentions.
    38. Re:It's not "trade" by mikael_j · · Score: 1

      Because it's true? We all stand on the shoulders of giants and there are immense amounts of knowledge that every competent artist, musician, author, software developer and entrepreneur takes advantage of without ever having paid for it in any formal way (hell, you could probably learn enough about music theory, computer science and a number of other subjects to create your own magnum opus just by using library books and while technically you "pay" for those with your taxes, well the authors don't really get a lot of money if you read a library book).

      --
      Greylisting is to SMTP as NAT is to IPv4
    39. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Free speech. I'm allowed to read something, then write it down, then pass this on to someone else. Or No? Assuming yes, then explain how using a pen is morally different than a computer to accomplish the same task.

    40. Re:It's not "trade" by cromar · · Score: 1

      Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay.

      This is the legacy of humanity. Everything is built off others' work.

    41. Re:It's not "trade" by CoryG · · Score: 1

      Solution: Everyone STFU and socialize the media like everything else. Average out all the starving artists, pop stars and everything in between, pay taxes at the average consumption annually and split it amongst them. Then we create jobs, feed the hungry and support Obama. It would at least beat this notion that we can raise our GDP by hiring a bunch of ditch diggers nationwide to keep idle hands less than idle while repaving the same roads every year as it might actually create something exportable to raise the GDP.

    42. Re:It's not "trade" by mrcaseyj · · Score: 1

      Interesting, but you seem to have assumed something HUGE in your first sentence of which _needs_ a citation provided.

      "Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay."

      How in the world can you make that claim?

      Authors get the vast majority of their ideas from authors that have come before them. Without those examples to start with, authors would have to reinvent everything, and being unable to reinvent everything, their work would be garbage. For example, many musicians learn much from Mozart. But neither Mozart or his heirs get any royalties. Even Mozart learned almost everything he knew from musicians that came before him. Since most of what makes an author's work great, wasn't created by the author, there's no reason to say that an author should "own" the work exclusively. If authors still think they should "own" their works entirely, then fine, then they should just think of their work falling in to the public domain as a property tax.

    43. Re:It's not "trade" by vlad30 · · Score: 4, Funny

      If you can make a 1:1 copy of my sammich without degrading the original, then please, share away.

      I'd say you have a patent but Prior art has been claimed by Jesus Christ

      --
      Your'e all thinking it, I just said it for you
    44. Re:It's not "trade" by White+Flame · · Score: 2, Insightful

      No. According to the law as I understand it, your right to free speech/expression ends in cases of slander, libel, national security, copyright violation, threats, child pornography, and others. Just as your right to freedom ends where your jail term starts, your right to pursue happiness ends when that pursuit involves illegal acts, etc. Freedom is something that's relative and defined for particular cases; "absolute freedom" is an undefinable term.

    45. Re:It's not "trade" by eugene+ts+wong · · Score: 1

      Yeah, I was kind of wondering something similar. How does an author get somebody to "assemble" the music? It doesn't make sense. From what I've seen, the creative process is much more challenging than that.

    46. Re:It's not "trade" by Anonymous Coward · · Score: 0

      I think you've got the wrong emphasis there.

      Just because the author may derive ideas and themes that are universal, doesn't mean people shouldn't pay him for the beautifully-crafted little sentences, the quirky little off-harmony note or the intriguing drawing of character.

      Anybody who claims they have some intrinsic right to another's work needs to seriously consider whether they are a geniune member of society or a freeloading rat.

    47. Re:It's not "trade" by hobo+sapiens · · Score: 1

      "
      hell, you could probably learn enough about music theory, computer science and a number of other subjects to create your own magnum opus
      "

      Good. Go create your 'magnum opus'. I agree with you, all artists, software developers, etc, stand on the shoulders of giants. But don't minimize the creativity of said artists. If creativity is just a commodity; a product of regurgitating input...then where is your ground-breaking application? Your musical 'magnum opus'?

      --
      blah blah blah
    48. Re:It's not "trade" by Anonymous Coward · · Score: 0

      My point would be that it's not justifiable to purposefully cripple a product just because someone can do something wrong with it. It would be like making sure no car can go over 10mph because someone could get drunk and kill someone if allowed to go faster, you can't allow a knife to be sharp because someone can kill with it...

      Or it's like putting locks on a car so only somebody who managed not to lose his or her key get in and start the engine? Who would ever buy such a crippled vehicle?

    49. Re:It's not "trade" by Anonymous Coward · · Score: 0

      His parent(s) taught him how to speak well, shit well, and sleep well. How dare he not pay them in full for work rendered in as prompt of a manner as possible. Those people the author have heard when they were walking by, how dare he not track them down and give payment for taking up neurons. At least he hopefully pays his taxes to pay back for the rights his government gives him.

    50. Re:It's not "trade" by micheas · · Score: 1

      Interesting, but you seem to have assumed something HUGE in your first sentence of which _needs_ a citation provided.

      "Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay."

      How in the world can you make that claim?

      A huge percentage of modern English literature can be traced to Shakespeare. Plots, story lines, language, lexicons, pacing, etc.

      The percentage of literature that is heavily based on public domain works is probably over 99%.

      The percentage of people that have paid for public domain works is probably pretty small, but I do know that there have been dvds made of cartoons that have fallen into the public domain.

    51. Re:It's not "trade" by Kitkoan · · Score: 1

      Or it's like putting locks on a car so only somebody who managed not to lose his or her key get in and start the engine? Who would ever buy such a crippled vehicle?

      Somebodies never called a mechanic... so if you ever lost your keys you'd just abandon the car and consider it gone? If I lose my keys I can either call a mechanic/AMA to have them open the door for me or use a duplicate to open it (can have the key cut again). Now if you lose your DRM key, then your product is lost, you can't call up someone to open it for you, can't have a new 'key' cut, ect...

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    52. Re:It's not "trade" by mikael_j · · Score: 1

      Where did I say that I want to create a great work? And what makes you think I haven't already created things of value to others? and that I haven't shared those things with others freely?

      --
      Greylisting is to SMTP as NAT is to IPv4
    53. Re:It's not "trade" by Zerth · · Score: 2, Insightful

      You are allowed to buy a piece of sheet music and give it to a friend. But you are not allowed to buy a piece of sheet music and give your friend a replica.

      Really, so now I have to lobotomize my friend after he gives me the sheet music back to prevent him from retaining a copy, in his mind </Izzard>.

    54. Re:It's not "trade" by mrcaseyj · · Score: 2, Insightful

      Good. Go create your 'magnum opus'. I agree with you, all artists, software developers, etc, stand on the shoulders of giants. But don't minimize the creativity of said artists. If creativity is just a commodity; a product of regurgitating input...then where is your ground-breaking application? Your musical 'magnum opus'?

      An author has to add something unique to a work for it to be worth buying, and it seems like a good idea to reward that with a copymonopoly for a limited time . For the vast majority of successful works, fifteen years will probably bring plenty of profits. If a work isn't expected to make plenty of profit within fifteen years, the author will probably either be willing to do it for free, or won't do it at all. There are a few exceptions to this, such as encyclopedias. But nothing needs a 100 year copymonopoly.

    55. Re:It's not "trade" by symbolic · · Score: 1

      It's also a bad claim because the author who is aggregating all these ideas that "came from other people" may be able to do it in a way that provides greater value (that is, be of interest to more people). This is precisely why "standing on the shoulders of giants" works as well as it does.

    56. Re:It's not "trade" by Majik+Sheff · · Score: 1

      In short: Your right to swing your fist ends at the tip of my nose.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    57. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Did you pay the Earl of Sandwich for the original concept of the sandwich?

      Did you pay the ancient Egyptians (or, likely, other ancient people before them) who invented bread?

      Did you pay the Order of the Knights Templar for their banking system which you surely required to procure your ingredients for given the economy you live in?

      Did you pay the ancient Greeks for their innovations in coinage?

      Did you pay the French for their modern standardization of weights and measures, surely essential for tasks like baking bread?

      Look, I can go on with this forever. The point is that everything you do is possible because of those who came before you. That doesn't mean you're not adding value for which you're entitled to charge; rather, the point is that you ought not imagine that the whole product was yours alone. You add only a very little value to ten thousand years of human innovation, after all.

    58. Re:It's not "trade" by Anonymous Coward · · Score: 0

      so if you ever lost your keys you'd just abandon the car and consider it gone?

      This does not follow. My point is that it's justifiable to purposefully cripple a product. Convenience is not the absolute goal.

    59. Re:It's not "trade" by mrcaseyj · · Score: 1

      How does an author get somebody to "assemble" the music? It doesn't make sense. From what I've seen, the creative process is much more challenging than that.

      To author a creation takes a lot more work than assembling a sandwich, but still, the vast majority of the labor of authoring a valuable creation was carried out even before the author was born.

    60. Re:It's not "trade" by afabbro · · Score: 5, Insightful

      Rights are established by governments

      Epic misunderstanding...on the Fourth of July no less.

      --
      Advice: on VPS providers
    61. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay.

      It sounds like you're saying that the author copied the works you are referring to illegally, but you haven't shown any evidence whatsoever of that. If the author paid to watch the performances, or own the music, or used another legal method to expose him/herself to the source material (e.g. library), he or she is completely entitled to learn from that material. You can learn from his/her work after legally viewing a production or reproduction.

      It is copyright, not learnright. Copying without permission is what is prohibited, not learning from the work. Learning is not just permitted, but encouraged, with exceptions built into copyright for it (I think there is a fair use educational exception, but you'd have to look up the details)

    62. Re:It's not "trade" by Arancaytar · · Score: 1

      Then by making another sandwich, he still wouldn't make me hungrier.

      To put it in terms of a metaphor, this analogy limps. In terms of a simile, the analogy collapses like a souffle. And in terms of an analogy, this analogy is like using a simile between some metaphor for apples and another one for oranges.

      (I read xkcd this morning. Can you tell?)

    63. Re:It's not "trade" by mrcaseyj · · Score: 1

      Just because the author may derive ideas and themes that are universal, doesn't mean people shouldn't pay him for the beautifully-crafted little sentences, the quirky little off-harmony note or the intriguing drawing of character.

      They should get paid, but only for a limited time.

      Anybody who claims they have some intrinsic right to another's work needs to seriously consider whether they are a geniune member of society or a freeloading rat.

      Most of the ideas in the creations of most authors are taken from the work of previous authors without compensation. But I expect you wouldn't consider them freeloading rats to spite them taking the ideas of others without compensation.

    64. Re:It's not "trade" by Merls+the+Sneaky · · Score: 1

      How in the world can you make that claim?

      http://www.fpx.de/fp/Disney/Tales/

    65. Re:It's not "trade" by Kitkoan · · Score: 1

      so if you ever lost your keys you'd just abandon the car and consider it gone?

      This does not follow. My point is that it's justifiable to purposefully cripple a product. Convenience is not the absolute goal.

      How is it justifiable though? Your example doesn't address what was being mentioned. How is the user losing a piece of the product the same as the seller crippling a device before the person can buy it and refuse to allow full future function of the device even after the sale? Keys are part of the car, and if you really wish you can attach them to the car so you can't lose that car's piece and like many objects, if you lose a piece then it might not work (maybe hide the key on the car hidden 'pocket' so you don't lose them) With DRM, I never get the keys, they are always held away from me and I must keep going back to the original seller to open the door for me. These are 2 completely different things. This has nothing to do with convenience, in fact none of the comments ever had to do anything with convenience.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    66. Re:It's not "trade" by mrcaseyj · · Score: 1

      But if the value of your work is largely derived from the ideas you learned from others, you shouldn't claim exclusive and perpetual right to your work. Copymonopoly for a limited time should suffice.

    67. Re:It's not "trade" by Anonymous Coward · · Score: 0

      You said it's not justifiable to purposefully cripple a product just because someone can do something wrong with it. Yet the car locks are an example of such a crippling. I am not arguing whether car locks are justifiable or not, you might very well think they are not, I just thought it's a much better example than an imaginary 10mph speed limiter.

    68. Re:It's not "trade" by richlv · · Score: 1

      because most of them are dead ?
      all the previous works have been built on all the works that came before them, a tiny tiny part from each one. paying for all the possible references and sources would mean that this comment would owe a couple of trillions in total.

      --
      Rich
    69. Re:It's not "trade" by Anonymous Coward · · Score: 0

      What you are saying is that people who create content should never expect to be compensated for it and should get "real" jobs.

    70. Re:It's not "trade" by Paul+Jakma · · Score: 1

      When has copyright been changed to accommodate technology? "To each cow its calf, to each book its copy" dates to more than 1k years ago, when the "technology" for copying books meant a number of monks literally copying a book by hand.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    71. Re:It's not "trade" by slick_rick · · Score: 1

      Yes, the copyright laws need to change, I admit it. They need to change back much closer to what they were originally, about seven years. That would give artists time enough to make a living off their inventions. The perverse indefinite extension of copyright has enabled the masses to rationalize their actions. They are right, as are you. The artists must concede that they are not the new nobility, due to be rich for the actions of their grandparents. Resistance is of course futile.

      --
      apt-get install redhat please god - Me (take it easy, I love Debian)
    72. Re:It's not "trade" by PitaBred · · Score: 1

      Did the author create his work in a vacuum? Without having any exposure to any other art, ever? If not, he's influenced by the ideas before him. Michelangelo wasn't the first schmuck to think that you could take a piece of rock and make something beautiful with it. He just had his own take on things, an iterative advancement over his peers. But he didn't invent sculpture, or sculpting the human form, or the naked human form, or even the male naked human form. He simply made David.

    73. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Interesting, but you seem to have assumed something HUGE in your first sentence of which _needs_ a citation provided.

      "Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay."

      How in the world can you make that claim?

      There is a little bit of truth in that statement. However, that can be said of pretty much anything- we "stand on the backs of giants" is the commonly quoted phrase.

      Pick one thing, anything, in your house, which was made using ONLY completely original ideas and methods. You won't find anything like that- everything you own was made using a tool which someone else invented, which relied on the knowledge or discoveries of someone before them. Even something made purely by hand took knowledge which someone developed before, and which you probably learned.

      But this is really a straw man argument. The real value of an item or work of art is NOT necessarily related to how original it is, or how long it takes to create. Some things cost more because of the excessive amount of time & resources invested to make it (for example, a Final Fantasy game), other times they cost more because they take very LITTLE time (for example a mechanic who can tear down and rebuild an entire engine in a matter of a few hours). Often the value of the product is at least indirectly tied to the skills and experience of the creator, independent of the finished product itself (for example, designer clothing).

      I see this "story" given as an example often, and it applies here too:
      A server company calls an engineer to fix a server problem, he shows up & looks at the server, pulls out a hammer and taps it once on the case, the server starts working and he leaves. The company gets a bill for $10,000 and calls the engineer to demand an explanation- why it cost so much when he did almost nothing. He then delivers an itemized bill "$100 - Labor, 1 hour minimum. $9,900 - Knowing where to tap".

      So in closing- if the music and movies really ARE so worthless, and SO unoriginal, that you really think they don't deserve to get paid... then instead of ripping someone off, shouldn't you just be making it yourself? If it is something you can not do, or are not willing to do, or don't have the time or resources to do, and yet you want to use it- then it really is NOT so valueless, is it? In the end, even if the final product itself is worth very little to you, you should STILL at least be willing to pay someone for doing something which you yourself were not willing to do.

    74. Re:It's not "trade" by Low+Ranked+Craig · · Score: 4, Informative

      I'm sorry, I have to disagree with this. My personal thoughts and beliefs on the matter run counter to the general population on /., but here goes.

      Copying is a right. Just one that is restricted by law.

      First, you are completely, absolutely wrong. Copyright is, (quoting Wikipedia which has is right): "Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of works that are substantive and fixed in a medium. Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work."

      Copying someone else's work is not a right. period. While I disagree strenuously with the *AAs and other assorted fuckery surrounding this issue, your position is one of hey, you can't stop me so I can do it. This is wrong. I especially support the copyrights of individuals like Brown, and myself. I work my ass off creating applications for companies and I absolutely prohibit them from selling my works or distributing copies, and I will sue anyone that violates that agreement. They do not have the right to copy my work, because I did not grant them that right. End of story.

      When you get right down to it, while not exactly the same as stealing or shoplifting, copying someone else's work without permission is still a bad thing, but of course there are degrees. If I download a song to listen to, that is one thing. If I'm doing it because I don't like it enough to pay for it, that's one thing, as arguably I haven't cost the owner anything since I wasn't going to pay for it anyway. If I download it, burn discs and sell it for a profit that is the other end of the scale. Both are wrong, but the latter is much, much worse. This is where I get really pissed off at the *AAs, because they apply the law meant for the latter to the former, which IMO is an abuse of the civil law system, but I digress.

      only physical force can stop that person from making copies

      So what? This is a lame ass excuse for poor behavior on your part and nothing more. To carry your analogy to it's ludicrous extreme, the only way you can stop me from dragging someone into an alley and slicing their throat is by physical force. Is copying something as bad as killing someone? No, of course it isn't, but excusing behaviors because they can only be prevented by physical force is just fucking stupid.

      In general I support the rights of an individual or a company to protect the copyrights of their works. Creating software, writing books, making music and movies is, in realty, a lot of work, and the people involved should enjoy the fruits of their labors, and if you don't want to pay the price, then don't. This does not change my position on the *AAs - they can fuck off and die in a fire.

      In short I find your position self-centered, childish and utterly incorrect.

      --
      I still cannot find the droids I am looking for...
    75. Re:It's not "trade" by Anonymous Coward · · Score: 0

      If your sandwich is spherical you could use the Banach–Tarski paradox.

      http://en.wikipedia.org/wiki/Banach%E2%80%93Tarski_paradox

    76. Re:It's not "trade" by Anonymous Coward · · Score: 0

      OK, Sudo make me a copy of the sandwich.

      [sudo] password for sandwich: bread
      Sorry, try again.
      [sudo] password for sandwich:
      rye
      Sorry, try again.
      [sudo] password for sandwich:
      ham
      Sorry, try again.
      [sudo] password for sandwich:
      mayo
      sudo: 3 incorrect password attempts

      Mmm... kernel enjoyed ham on rye.

    77. Re:It's not "trade" by Anonymous Coward · · Score: 0

      So even though that sandwich took yo weeks, months or years to make, you made it purely because you were hungry? Without expecting any other kind of payoff, even if your sandwich then fed thousands of other people? You must be really dedicated to that sandwich. Me, I'd just buy somebody else's pre-made sandwich or make something else of my own that doesn't take so long.

    78. Re:It's not "trade" by crmarvin42 · · Score: 4, Insightful

      Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay.

      I don't know where you are from, but 'round here teachers don't work for free. My wife is a musician and she paid a hell of a lot of money for her education. She payed for the knowledge she acquired (as I feel it is safe to assume the composer in question did as well). However, even if you are from this magical land where teachers work for free he is not trying to be payed for the work of his instructors. He took the knowledge he acquired and then CREATED something with it. The musical compositions that he wrote did not exist before he created them, which is what's important. It is very rare that any creative endevour is achieved without some outside influence. If your reasoning is taken to its logical conclusion, then no creative person should ever expect to be paid for their arts, no matter how popular they become, unless they created their art in a vaccume.

      The fact is, if a composer had taken previously published work (maybe something in a text book from a college class he took, so he therefore owns a copywright to limited use of it) changed a handful of notes, and then sold it as a new work he could be sued for copywright violations. However, he can take a small portion of a copywrighted work and design an entirely new piece that is influenced by the original and then copywright that. The fair-use provisions of copywright law allow for some LIMITED use of others work as long as the later composers chages are sufficiently transformational that the new piece is truely novel.

      Ultimately you are confusing two different issues. I too agree that the duration of copyright is excessive now. But excessive duration does not make violation of copyright legally or, as some above have suggested, morally acceptable.

      P.S. I got a real thrill out of seeing this on /. because my wife had just finished reading some of TFA to me 5 min before. It is rare that her interests and mine intersect like this.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    79. Re:It's not "trade" by mrcaseyj · · Score: 1

      So in closing- if the music and movies really ARE so worthless, and SO unoriginal, that you really think they don't deserve to get paid... then instead of ripping someone off, shouldn't you just be making it yourself? If it is something you can not do, or are not willing to do, or don't have the time or resources to do, and yet you want to use it- then it really is NOT so valueless, is it? In the end, even if the final product itself is worth very little to you, you should STILL at least be willing to pay someone for doing something which you yourself were not willing to do.

      Though others may be, I'm not advocating the elimination of copymonopoly. I'm only advocating that it be for a limited time. In fact, the constitution only authorizes copymonopoly for a limited time. Congress is not authorized to extend copyright beyond a limited time. The constitution is the law that supersedes the laws below it, so those who claim and enforce copymonopoly after long periods are actually lawbreakers.

    80. Re:It's not "trade" by mjwx · · Score: 1

      The correct command is:
      # sudo cp -rf sandwich sandwich2. The files are contained within the directory sandwich/bread, sandwich/chicken, sandwich/mayo, sandwich/lettuce and so forth.

      and what kind of uncouth barbarian eats mayonnaise with ham.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    81. Re:It's not "trade" by ukemike · · Score: 5, Insightful

      Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay.

      I wonder why you think this is the case. This guy is a famous broadway composer. I would expect that he went to school to learn composing. That was very far from free. I would also suspect that he's gone to lots of live musical theater. That certainly wasn't free. I would also guess that he has bought lots of music and paid for it. In fact I wouldn't be at all surprised if he, like many music fans, had spent a huge quantity of money during his life just buying records/cds/etc. So please explain exactly what ideas has he failed to pay for?

      Now he's out there in the world trying to make a living writing music that has added value to the lives of countless people and all he wants is a lousy $3.99 for a copy of the sheet music of an original piece of music that he wrote. If he sells three or four copies, he can go buy a CD to listen to. If he sells 20 copies (and assuming he gets 100% of that $3.99) then he can buy a matinee ticket to go see a broadway show. A few thousand copies and he can pay his rent and bills for a whole month during which he can write a few more songs that you might like so much that you want a copy of the sheet music for them. It seems like a totally reasonable request to me.

      I agree, and he probably would also, that the 150 year copyright duration is crazy, that was done essentially at the request of Disney because Mickey Mouse was about to enter the public domain. But hell this poor guy is alive right now and trying to make a living writing music. Cough up the lousy $3.99.

      --
      -- QED
    82. Re:It's not "trade" by eugene+ts+wong · · Score: 1

      The reason that I disagreed with you was because I believe that the music notation, standards, and various other things are merely tools. That's the stuff that was carried out before he was born. The musical piece, itself, is his work. The sheet is a tool to give the consumer/performer what he created. If you really believe that, then let's not write anymore music, because you seem to imply that the modern music is not new, even though you say otherwise.

      Just reading what you wrote gives me the impression that he only spent about 10 minutes, without trying. I've always found creativity hard. All of us can create, but not necessarily very well.

    83. Re:It's not "trade" by Anonymous Coward · · Score: 0

      A right is an agreement among society that a behavior will be allowed

      A right is an agreement among society of a behavior that _cannot_ be disallowed. FTFY.

    84. Re:It's not "trade" by crmarvin42 · · Score: 2, Insightful

      I'm sorry, but I have to call "BS". What categories of products are you refering to?? I can think of:

      Music (AFAIK, everything on iTunes and Amazon are DRM-free)
      Software (MS office vs. Open Office)
      ??

      What categories exist where DRM is the only way material is available??

      If you are complaining that some SPECIFIC works are only available with DRM included, well tough. You have to decide whether the hassle of DRM is worth the advatages to you of owning/using what ever it is. Just because you want a DRM-free copy of something does not make it necessary for the copyright owner to make ti available to you.

      A decent food analogy would be if you want a sandwich from your favorite restaurant, but they don't deliver and you don't want to leave the house. You need to decide if the hassle of getting in the car and driving is worth the sandwich.

      Maybe a better fit would be a restraunt that does deliver, but you live outside of the range in which they are willing to deliver. They are not obligated to deliver to every house in town simply because they do deliver to some houses. Similarly, copywright holder are not obligated to make their works available in all media formats simply because they make them available in some media formats.

      And since this is /. and the level of commentors has been slipping, I feel it is necessary that I point out that I believe the current term of copyrights to be excessive. I can see the point in them lasting as long as the author is alive, but not +150 years, and I believe that a fixed amount of time would be better (15-30 years maybe). I also feel that DRM is stupid, because it treats me "a PAYING customer" like a crook and does little if anything to prevent the actual crooks from violating their copyrights. However, my OPINION does not superscede the law, and therefore I don't violate copyrights and aviod DRM when I can.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    85. Re:It's not "trade" by Kitkoan · · Score: 2, Informative

      Music (AFAIK, everything on iTunes and Amazon are DRM-free) Software (MS office vs. Open Office) ?? What categories exist where DRM is the only way material is available??

      Windows OS/Mac OS, everything beyond music on iTunes, eBooks from most companies, digital movies, consoles...

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    86. Re:It's not "trade" by dropadrop · · Score: 1

      Copying is a right. Just one that is restricted by law.

      Copyright law is a misnomer, it would be more appropriate to call it copy restriction law.

      And in some languages it is actually named more appropriately. For example in Finnish the law is called "the right of the creator". In a sense copy restriction would be even more descriptive from a consumers point of view, but the law (at least here) also has a lot of points regarding (for example) transferring your rights and distribution.

    87. Re:It's not "trade" by Anonymous Coward · · Score: 0

      DRM doesn't work.

    88. Re:It's not "trade" by CarpetShark · · Score: 1

      The capability to copy something easily does not automatically grant you the legal right to do so.

      No, just the obvious, natural right.

    89. Re:It's not "trade" by countertrolling · · Score: 3, Insightful

      ...According to the law as I understand it, your right to free speech/expression ends in cases of slander, libel, national security, copyright violation, threats, child pornography, and others.

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      I posted the law here for your convenience. Can you show where it stipulates any limits on free speech? See, because I understand "no law" to mean no law. Yeah, I understand the judges disagree with me, but I believe they are mistaken.

      --
      For justice, we must go to Don Corleone
    90. Re:It's not "trade" by Ccomp5950 · · Score: 1

      1909 - Phonograph (Pretty much the crux of the entire act) 1976 - Television, motion pictures, sound recordings, and radio (see House report number 94-1476) 1998 - Internet (DMCA) I can probably come up with more examples if you need.

    91. Re:It's not "trade" by grumbel · · Score: 1

      It's share. And we have that right, should we decide to enforce it.

      No, it is trade. The guy is referring to a specific webpage that uses trade, not just a page where you can download everything. See this FAQ, not sure if that is actually the site he is referring to, but it matches the description.

    92. Re:It's not "trade" by Vintermann · · Score: 2, Funny

      A two-year old sammich?

      Just keep it. Please.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    93. Re:It's not "trade" by bruce_the_loon · · Score: 2, Insightful

      Utter bull. Your right to life for example. Without a government willing to protect it by enforcing punishments, pleading "I have a right to live" to the chap with a gun is utterly meaningless.

      Your famed right to free speech. Again, without a government to protect it, you'll probably end up dead because you dared to speak out about somebody with a weapon lording it over you.

      Your rights are there and protected because a group of people representing society decided it is better that way and society agreed with that decision. Whether that group is a small number of people or an corrupt, massive, money-wasting bureaucracy, it is still government.

      --
      Trying to become famous by taking photos. Visit my homepage please.
    94. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Without DRM, it is nearly impossible to share music or sheet music legally on the internet. To share it legally would mean deleting your copy when you send it to a friend.

      Is it?
      Without DRM, I can share all my CC'd music and art legally on the internet. I can show all my music and art (regardless of license, because of fair use) to my near friends/family.
      On the other hand, with DRM in our current _reality_, I can't share anything whatsoever.

    95. Re:It's not "trade" by Vintermann · · Score: 1

      This guy is a famous broadway composer.

      Jason who? Not famous enough for me to have heard of him. The sad bit of this is his delusion that he loses money over it.

      1. Sheet music to amateurs is probably not a minor Musical composer's main source of income. Even Andrew Lloyd-Webber probably makes a larger share from recording and performance royalties.

      2. Groups that put up a public performance do pay their royalties, and do pay for the sheet music. The whole boy scouts singing happy birthday mess illustrates nicely that the collecting agencies do pay attention to that sort of thing (and if your band/orchestra is a member of ANY sort of amateur association, they will have mandatory licensing deals through that. They can get sloppy with reporting, but they still pay 100%.)

      3. Jason-Who?'s major obstacle to commercial success is - and will probably remain forever, unless he eventually reaches AL-W levels of fame - is lack of recognition. If some teenage girl who would never have bought it downloads sheet music and performs it in a non-public venue, this will still help this guy's name recognition. IMO that is adequate repayment from someone that economically insignificant. Sure, she's not legally allowed to do it, but it is absolutely silly for the composer to be anything but cool with it.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    96. Re:It's not "trade" by White+Flame · · Score: 1

      Obvious to whom? And whose view of natural rights? I assure you that the natural rights obvious to jihadist Muslims differ from the natural rights obvious to, say, western agnostics.

      Any claims of "natural rights" are based in philosophy, theology, and idealism. Distilled to its core, it all boils down to "Why are we here?" which is not a legal nor scientific question, and has no "obvious" answer.

    97. Re:It's not "trade" by Znork · · Score: 1

      Copying someone else's work is not a right

      Doing what you wish with your property is generally considered a right. Arranging it in patterns that someone else may or may not have done before falls within that exercise.

      Taking someone else's work or property is not a right and loss can be demonstrated in the absence of law, but copying it does not affect the original work. I lose nothing when someone copies something I have made, whether it is a chair, a text or a piece of music. Without the existence of the legal framework there has been no demonstrable loss, only enrichment of the community as a whole.

      copying someone else's work ... is still a bad thing

      Except it's demonstrably a good thing. The total wealth (as in existence of things people value to some degree) of the socio-economic system increases without anyone facing any loss. It is hard to find a more fundamentally 'good' thing.

      In general I support the rights of an individual or a company to protect the copyrights of their works.

      Personally I don't consider copyright legitimate. But I do support systems of paying creators beyond actual market value for the efforts in producing widely used works, as long as the payments are separated from the control of duplication. Basically any system would be better than copyright; at 5% efficiency, it's worse than pretty much any other tax/benefit scheme, which means that it'd be trivial to reform the system to pay several times as many creators more money than they're getting today at less cost to the economy as a whole.

    98. Re:It's not "trade" by mrcaseyj · · Score: 1

      crmarvin42 wrote:

      I don't know where you are from, but 'round here teachers don't work for free.

      But listening to and learning from the radio is free. And downloading and learning from Mozart is free.

      If your reasoning is taken to its logical conclusion, then no creative person should ever expect to be paid for their arts, no matter how popular they become, unless they created their art in a vaccume.

      I support copymonopoly, as the constitution does, for a limited time. But since an author didn't create his work in a vacuum, he shouldn't expect exclusive rights to it forever. And violation of copymonopoly which is claimed for longer than the constitutionally authorized limited time, is both legally and morally acceptable. Though the courts seem to claim otherwise.

    99. Re:It's not "trade" by Anonymous Coward · · Score: 0

      You fail to grasp what the word "copyright" is: The right to copy. The capability to copy something easily does not automatically grant you the legal right to do so.

      But you seem to ignore that when an author creates a work, only that author has that "right to copy"- noone else. Now this right can be legally transferred- to publishers, to the public domain, whatever- to allow mass production. But if the author does not (explicitly) grant anyone the permission to copy the work, they simply don't have that right. In most countries the law still makes some provisions about what happens when the author dies and/or when a work is a certain amount of years old and the copyright expires, but don't mess up the word "copyright" simply meaning that everybody has the right to copy.

    100. Re:It's not "trade" by vonFinkelstien · · Score: 1

      A friend and I would go 1/2 and 1/2 for a game. Then we'd have to photocopy the manual!

    101. Re:It's not "trade" by mrcaseyj · · Score: 1

      Investment in teachers, shows, cds, long hard labor, and such things are why an author deserves a copymonopoly for a limited time. But even those investments don't compare to the value of what an author learned from those that came before, and which the author didn't pay for. For example, Mozart gets no royalties from what this composer learned from Mozart. Nor did this composer pay for what he learned about music by listening to the radio.

    102. Re:It's not "trade" by bzipitidoo · · Score: 2, Interesting

      Lot of people overlook that copyright is only a means. If you could obtain fair compensation for your work without copyright, would you find that acceptable? Could you let copyright go, in such an environment? If not, why not?

      Perhaps you just don't believe there can be any other way to compensate producers, or that any other way could work as well as copyright? Or that anything else could be as "fair" as copyright? Or that there is no other way that isn't socialist at the least, as if that's a bad thing even if true? (Is the opposite of socialism antisocialism?) I think most people can agree that copyright does not work at all well, and has many, many problems.

      Let me suggest to you that copying is much more than "not exactly stealing". It is fundamentally different than stealing. I hope you have heard the argument that "stealing" is the wrong term because the victim didn't lose the item in question. The way music can be stolen, really stolen, is if someone claims authorship of a piece they did not write, and gets away with it. Those are the real thefts. The people "trading" a bit of sheet music online aren't claiming to be the authors when they aren't. They aren't stealing anything, they're just copying. We have a number of fairly well known terms, such as plagiarism, and we should use them properly, not call everything stealing. Call a spade a spade. Let copyright infringement be that. Calling it stealing, as the RIAA and related ilk do, is a cheap, underhanded attempt to skew the debate and manipulate people into opposing it by convincing them it really is theft, and of course most everyone hates theft.

      As for socialism, consider our highway system. Roads aren't cheap to build or maintain. How is it that we have roads going almost almost anywhere we want, without having to pay tolls? The gas tax, that's how. And mercifully so-- the overhead involved in toll collection is horrendous. But maybe we should privatize the entire highway system? Do you really want to get the government out of our lives so much that you'd be willing to switch to a private road system? But if you like the highway system the way it is now, then why can't we set up something similar for artistic works? Copyright has worse overhead than tolls. If the highway system operated like copyright, you'd have lengthy delays just waiting for explicit permission for each little piece of a particular route you wanted to take. Probably you'd be forced into all kinds of compromises, and have to go far out of your way, at additional expense and time. For an idea what a private road system was like, read up on how roads were built and operated in the US prior to 1926. Too many antisocial interests wanted roads to detour through their area so they could profit from more traffic at the expense of all the travelers who would be taking longer trips than necessary. Another example of private roads are railroads. When railroads had a monopoly on swift travel, they could, and often did charge exorbitantly.

      Sharing is not poor behavior. Or do you think public libraries are bad? Sharing is beautiful, and in the matter of immaterial things, highly, highly economical. How can you ask that people not use the Internet, not reap the massive savings to be had by doing things digitally? But that's the least of things. How quickly civilization advances depends on sharing. If we don't share, we will be much slower to find answers to our many problems. How can you ask that of everyone? If you think you're not really asking that, you're just asking to be paid for each copy, well no. You're right back to why toll collection is so awful. Having to register in some sort of micropayment system and pay for every little bit of data you download adds so much burden to sharing that it all but kills it. Imagine if every post on Slashdot had to be monitored in order to fairly compensate the authors. We'd have all sorts of schemes to manipulate the numbers. No, we need something else.

      You can't ask everyone to ignore what the Internet can do. Sharing is here to stay, and you'll have to adapt. Either copyright will have to go, or change so radically as to not really be copyright anymore.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    103. Re:It's not "trade" by ultranova · · Score: 2, Insightful

      In short: Your right to swing your fist ends at the tip of my nose.

      Only if you're richer than the fist-swinger. Otherwise you'll be charged for the soap to wash away the blood, and if he's much richer, for his pain upon having his delicate noble hand impact upon your thick peasant skull.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    104. Re:It's not "trade" by stealth_finger · · Score: 0

      You rarely if ever have a non-DRM version of the same DRM-laced product.

      Of course you do! It's just all over thepiratebay and demonoid is all.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    105. Re:It's not "trade" by CarpetShark · · Score: 1

      Obvious to whom?

      To anyone about 3 years old, who's been taught to share toys with his siblings/classmates/friends, for one. To the parents and teachers who naturally taught those kids what they know is right, for another.

      And whose view of natural rights? I assure you that the natural rights obvious to jihadist Muslims differ from the natural rights obvious to, say, western agnostics.

      As a western agnostic, I disagree.

      Any claims of "natural rights" are based in philosophy, theology, and idealism. Distilled to its core, it all boils down to "Why are we here?" which is not a legal nor scientific question, and has no "obvious" answer.

      Many things have no obvious answer, including the most fundamental laws of mathematics. We still build entire systems on top of them. Law is no different, and is in fact based on natural law.

    106. Re:It's not "trade" by Mitreya · · Score: 1
      >> With DRM, its nearly impossible to share music or sheet music legally amongst your own friends/family, original or not.

      > Quite so. And your point would be, what? That this inconvenience justifies the theft of IP? That's just stupid. Not quite as stupid as punishing people who have legally paid for a DRM encumbered work, but stupid nonetheless.

      His point is (I am guessing) is that oddly enough you don't see any of the starving artists insist that DRM maintain the rights that we ARE supposed to have legally! How many of the DRM schemes will turn off when the copyright in question expires? None of them?
      That puts at least somewhat of the dent into the argument. If they think that the law is optional when it benefits the customer, they should not be arguing that the customer should follow the law.
      It doesn't mean violating copyright is ok, but it does say that most of the people arguing "Follow the law, don't steal IP" should at least shut up until they follow the law themselves

    107. Re:It's not "trade" by Pentium100 · · Score: 1

      That's why if I ever need or want to do video editing, I'm buying another VCR, edit controller and all other hardware stuff. If I'm paying my 5 years salary for it, I want to at least have a tangible item not encumbered by licenses (if I buy a VCR I can do whatever I want with it - use it to record/play tapes, modify it to store data, take it apart if I need to fix it etc).

    108. Re:It's not "trade" by icebraining · · Score: 1

      s/sandwich/FOSS software/g

      Seems about right.

    109. Re:It's not "trade" by icebraining · · Score: 1

      You're assuming he'd be able to create that musical piece if he had never heard another musical piece in his life; that's not plausible. When we create, we're all "standing in the shoulders of giants". Every single creation made today relies on thousands of years of cultural evolution. And no, we don't pay for it.

    110. Re:It's not "trade" by blackest_k · · Score: 1

      I wasn't going to comment in this thread but as I have been through the lot and not seen any comments refer to alternatives.

      I don't run windows i run Linux, I don't use photoshop I do use the gimp amongst others. I play guitar and if you care to listen I don't charge you (if I went to the expense of hiring a venue then I would).

        I make my own songs and also use ideas' from others. I create websites and give almost everyone free access. I contribute to wiki's and forums, and bug-track and make the odd insightful or interesting comment on slashdot (heck i even posted a story which got accepted after years of trying) and usually I have more mod points than i can use. I browse at -1 so you don't have too.

      There is a lot of creative commons music, pictures, photo's, video's , Youtubes full of video's that are created and shared legally.

      So really i take a lot thats freely offered but I give back too my only objection is if you are making money out of my activity / work and I get nothing for it (Phorm spidering my websites and tracking my visitors and then advertising competitors products to my sites visitors annoys me, google doesn't because they drive traffic to my websites).

      Now the original article is by a composer who until today I have never heard of, today he has gotten lots of free exposure without his music being downloaded which he may be pleased with. Most of this exposure is to people who have no interest in his work.

      However it is a double edged sword that he wields, any one who cares to look now knows that he doesn't want his music shared unless he is getting paid for it. He naively assumes that people will pay for his music if they can't get it for free, however he ignores the huge back catalog of music which is out of copyright or creative commons licensed which can be used for free and without any guilt.

      I was going to say he has some right to dictate how his music is used its really quite limited, his songs could be sung at KKK meetings and at best he can collect royalties... His music could be enjoyed by ide amim or osama
      bin laden , nothing he can do about it once its published.

      Instead he has chosen to go to his young fan base who love his music are awestruck by him and now rather than being fans they think "what a dick". His success depends on his popularity and he's shot himself in the foot by his actions. "Adam" in one of the comments above says there are clips of his films on youtube uploaded without permission but i think he sees it as exposure for his work rather than blatant piracy which needs to be stamped out.

      The only real difference is attitude and this composer is demonstrating you reap what you sow. Anyone care to guess if his revenues will improve as a result of his actions or decline or stay the same.

      If the kids respect his copyrights and don't use his music at auditions he's losing out. His ego might say he is the best thing since sliced bread but he is no Beethoven or Lennon or McCartney or Cole Porter or ...

      Interestingly in the article comments even he says that out of print music is in a gray area, copyrights are far too long. In a 150 years if people respect his copyright will his lifes work be forgotten will he be forgotten?

      Copyrights are too long and to attempt to collect every single cent that is legally due to you is futile, it creates bad will, where a more relaxed attitude creates good will. Discount rates for students/ educational use would encourage a positive attitude towards him and his work and reap rewards later.

      He has a right to be a dick, but that doesn't mean increased commercial success.

      You can pirate, you can pay, you can find an alternative. DRM tends to decrease the value of the paid for product.

      obviously this man has achieved some degree of commercial success he is likely to be approached when someone is looking to produce a new broadway show. I think he forgets what its like to be young I can't believe he never photocopied or transcribed any music when he was younger, he obviously didnt have the internet but I bet he frequented the library a lot. Also that gray area of out of print music seems he is just as guilty as his fans.

    111. Re:It's not "trade" by selven · · Score: 1

      Having read over the post you so vehemently disagree with five times, I fail to see where he even states that he is against copyright law. He convincingly argues that copyright has no basis in morality and is simply "an entitlement bestowed temporarily in exchange for publishing creative work". Copyright is solely a necessary evil put in because, as you say, creating stuff is expensive and people need to have a chance at a profit. That's all he's saying - that the right to copy is being restricted by law for practical reasons.

    112. Re:It's not "trade" by White+Flame · · Score: 1

      To anyone about 3 years old, who's been taught to share toys with his siblings/classmates/friends, for one. To the parents and teachers who naturally taught those kids what they know is right, for another.

      How is cultural indoctrination "natural"? So kids who forged out a scratch-out-what-you-can life who didn't get drilled in your completely arbitrary cultural rules about possession are somehow unnatural? Shouldn't "natural law" by its very existence emerge from unindoctrinated instinct and impulse?

      Who decides that it's naturally/obviously "right" to share and "wrong" to steal? Because with the rates of incidence of petty theft, I can guarantee there's a whole lot of people out there who see no wrong in it. In any case, again the justification behind the claim of right/wrong and innate rights boils down to claiming philosophical/theological opinion as axiomatic. You cannot justify it with any other means.

      Heck, I'm guessing you also believe that for some arbitrary reason humanity has the innate right to survive and prosper, while there are plenty of people out there who see humanity as a futile pursuit that has no inherent right to continue. Which claim is more "natural"? Which axioms do you defer to in order to defend it?

      I can't believe you're trying to draw absolutes about pure belief systems like with the sharing toys example. It's unadulterated elitism; your beliefs about what's natural and proper are just as arbitrary and unfounded as any "negative" example, it's just a reflection of your own indoctrination. Sure, there are a few very high level concepts that many western-style people will agree as beneficial, but that house of cards crumbles fast when you drill down any deeper.

    113. Re:It's not "trade" by Richard+Steiner · · Score: 1

      ...unless I have really big fists, in which case your protestations will stop as soon as you lose consciousness. :-)

      --
      Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
      The Theorem Theorem: If If, Then Then.
    114. Re:It's not "trade" by morcego · · Score: 1

      You are wrong on your definition of "speech". Or maybe in your definition of "free".

      You see, either you consider something else another person did as a "speech" or not. If it is not (like a music score), then "free speech" does not apply.

      But lets say that music score IS "speech". Since it is free, that means that THE AUTHOR, not you, is free to do whatever he likes with it, in any way he likes (so he can say only left handed people can read it, for example).

      Understanding the law is no simple thing. People study it for years to be able to do correctly. As if real lawyers were not annoying enough, the internet provides us with an unlimited supply of armchair lawyers to make matters even worse.

      --
      morcego
    115. Re:It's not "trade" by Nadaka · · Score: 1

      Rights are not enumerated. Rights are not granted. Rights exist independently from any law or more.

      There is a reason the constitution used the term "inalienable rights". Because those are the rights that it was decided that government must not attempt to interfere with.

      Copyright law does not grant any rights to the creator, and it does not remove the right to copy from anyone else. It only offers to punish expression of rights of everyone else. Only fear of or respect for the law prevents the expression.

      I am not arguing that some form of copyright law is unjust, just with the way you have chosen to define it.

      The ability to copy is the right to copy. The founders of the US decided, justly, that in order to promote useful arts and sciences that right may need to be temporarily restricted in order to enrich the public good.

      My statement that copying is a right makes no inferences as to if it should be a protected right or not. In my case I believe that moderate restriction of that right has value as long as it is returned to the status of "temporary" instead of "arbitrarily long and extended as long as media companies care to bribe politicians".

    116. Re:It's not "trade" by Nadaka · · Score: 4, Insightful

      Rights of one individual can conflict with rights of another. That does not mean that they are not rights.

      My right to shoot my gun conflicts with your right to live in some cases.

      My right to have property conflicts with your right to have the same property.

      A just society will have a set of laws that establishes the precedence of rights to deal with those conflicts.

      By law the right to life trumps the right to kill in (almost) all circumstances.

      By law prior possession trumps possession after theft in (almost) all circumstances.

      Rights can not be granted and can only be taken away by physical force. The law effectively limits the free expression of rights by the threat of just punishment (when one right conflicts with the rights of another). Thugs can limit the free expression of rights by the threat of unjust punishment.

      Copying is a right. Restriction of that right by the people is an entitlement for the author.

    117. Re:It's not "trade" by Richard_at_work · · Score: 1

      He is more right than you would like to think - without a Government establishing which rights to protect, you don't have any rights. They aren't some physical law that protects you from crap, they are as intangible as any other legal construct.

      Saying 'I have an inalienable right to life' to someone approaching you with a machete and a very evil grin isn't going to stop them killing you.

    118. Re:It's not "trade" by HungryHobo · · Score: 1

      What I take from that is that there's a gap in the market for a payment system convenient for teenagers without credit cards.
      If you could get something creditcard-like which you could top up and use as easily as a prepay phone that would have been handy for me when I was a teen.
      Specifically like a prepay phone so that you couldn't run up any kind of debt, only run out of credit.

    119. Re:It's not "trade" by delinear · · Score: 1

      Actually the right to life is a prime example of a natural law, one which springs up universally regardless of culture or government. Of course, not everyone respects the right to life of others, but pretty much everyone recognises it, and it's one of the first unwritted rights that gets enshrined in law in almost every culture. As for your last line, your reasoning is a little off - saying 'I have right to life enshrined in the constitution' to someone approaching you with a machete and a very evil grin isn't going to stop them killing you either, but it doesn't make your claim any less true.

    120. Re:It's not "trade" by Anonymous Coward · · Score: 0

      Copying someone else's work is not a right. period. While I disagree strenuously with the *AAs and other assorted fuckery surrounding this issue, your position is one of hey, you can't stop me so I can do it. This is wrong.

      That is your opinion. Information is infinitely replicable and computers are basically information-copying machines. Computer networks, and the Internet, exist for the sole purpose of sharing copies of information between these machines. In a transaction between two computer users, sending a copy of the desired information is the useful function that those computers fulfill. It is the "path of least resistance". Everything else that you might add, to turn this into a paid, legal transaction (such as collecting credit card info, charging and issuing receipts, applying DRM to the purchase to try and limit its second-hand spread, etc.) is just extra resistance which makes it less convenient.

      So I think what people mean when they say that "information wants to be free", is that computers and computer networks are *designed* to help propagate copies of information, and doing so for free is usually the path of least resistance, so in the aggregate, people are going to do that.

      Being copyable is an inherent property of digital information. It is the natural order of the universe. Trying to prevent it is pointless, stupid and impoverishes us all.

    121. Re:It's not "trade" by Anonymous Coward · · Score: 0

      your ownership of your house is not your right, but a right granetd to you by society because its written on a piece of paper that you own it.In fact, if you are american, the chances are that land was stolen from the natives hundreds of years ago, not that you give a shit...

      The fact you own ANYTHING is just writing on some piece of paper. But like most anti-copyright slashdotters, you probably think all the pieces of paper that say something is YOURS are fair, and anything that says something belongs to someone else is just 'teh evil!!111oneoneone'.

      Its very silly.

    122. Re:It's not "trade" by nschubach · · Score: 1

      Difference between inalienable rights and granted rights. I think GP was referring to inalienable. You could possibly argue that you have the inalienable right to mimic/copy what you see/hear/etc. in your daily life. When someone takes that right away you may feel restricted artificially.

      Defending oneself, living, breathing, your voice, sight, earing and all that comes with it are a part of human nature just as it is in our nature to mimic the actions of those around us to either fit in or adapt to our surroundings. Singing "Happy Birthday" for instance, is something we were all taught and grew up with yet it's artificially restricted from our rights to reproduce.

      National defense isn't something a single person could do, but it's something an individual chooses to do. (Unless drafted, which is another "violation" of natural inalienable human rights.)

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    123. Re:It's not "trade" by nschubach · · Score: 1

      No, but you could always perform said music at night (for real money!) to entertain those that enjoy listening to your music and write more during the day...

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    124. Re:It's not "trade" by delinear · · Score: 1

      We don't need many people to do it, we just need the ones who do to care more about the music than they do about the money. That's how music has survived in society for thousands or years. Are you really so starved of entertainment that you'll happily grant people the rights to enrich themselves and their families for untold years to come just so you can have another Britney album? Besides, apart from a few edge cases, most people are happy for copyright to exist so long as its fair and equitable. Lifelong rights driven by lobbyists with deep pockets that can be transferred to corporations (often at knock down prices that do little to benefit the artist but a lot to enrich the corporation) and suing your fans into oblivion for sharing your music don't tend to rate highly on the fair and equitable scale. I think most people would be happy with a system that went after the true pirates (the ones seeking to make a profit on the work of others by selling it or selling ads based on it), while limiting the length of copyright to a period that allowed the artist to make some money but didn't deprive society of the benefits of the work entering the public domain sooner rather than later. If you can't make enough money from a work within, say, 7 years then maybe you should look at other career options.

    125. Re:It's not "trade" by Kalvos · · Score: 1

      A couple of points.

      First, by its nature of being forward-looking and leading cultural change, much art, music and literature outside the popular realm does not get attention for quite a while -- that means the rewards don't come until there is a sufficient public to pay for it. (My own compositions from the 1970s are finally getting performances.) Items in the popular realm make their money at the beginning; other forms make it much later. Seven years would not recognize this split that began showing up about 100 years ago.

      Second, the lifespan when the Constitution instituted copyright was about 35. It's now nearing 80. The 28+28 old copyright law showed how the copyright term based on the Constitution (Article I Section 8) grew with that, and I think it makes sense for the creators.

      I support Creative Commons-style licensing and oppose unlimited copyright extensions, and especially the 19th century legalization of corporations as artificial persons. Take that away, and copyright has much less commercial value and would slowly fade as an issue.

      Dennis
      Please support my Blood Countess opera. Do it now unless you want me to depend a whole lot on copyright!

    126. Re:It's not "trade" by Hatta · · Score: 1

      First, the right to socialized systems like military protection and even civil systems like due process definitely requires the assistance of another

      Those aren't rights, those are privileges.

      So how is copying a "right"? Rights are established by governments

      Absolutely wrong. Rights are independent of any government. Otherwise it would be nonsensical to say "The government is violating my rights". Freedom of speech is a right held by every human being on the planet. Some of them live under oppressive governments that don't respect that right. That doesn't mean it's not their right.

      --
      Give me Classic Slashdot or give me death!
    127. Re:It's not "trade" by delinear · · Score: 1

      No, what he's saying is that if you can't make enough money to live with a reasonable period of copyright, then you're probably not good at what you're doing. Either find another model to substitute your hobby (patronage, etc) or get a job that you can make pay. Nobody else expects to do one piece of work (even if that piece of work takes a couple of years to finish) and then to be paid for it for the rest of their lives at society's expense, and until very recently in our history, neither did artists. You're buying into some grand fiction that this is either the right way to do things, or that it's the way its always been done, neither is true but they serve the purposes of the people who make the real money on artists' rights (generally not the artists).

    128. Re:It's not "trade" by delinear · · Score: 1

      Nor should he get paid by all of society for all of eternity for one piece of work, no matter how skillfully crafted or beautiful it may be, otherwise that puts him in the category of undoubtedly talented but ultimately freeloading rat.

    129. Re:It's not "trade" by AGMW · · Score: 3, Insightful

      I lose nothing when someone copies something I have made, whether it is a chair, a text or a piece of music.

      There ya have, in a nutshell, the problem the "creators" have in the internet age. This chair (or text or piece of music) you have made, may I ask why you made it? Is it a hobby or is it how you earn a crust to feed yourself and your family? If you sell these chairs for a living and someone copies them and gives them away in the market downtown you are going to be less well off. No one stole any of your chairs, but they did steal your business!

      I know many people who write (and perform) music as a hobby and they are (mostly) pretty happy if people copy it because it widens their audience and part of why anyone creates things is to share them with the world at large.
      If, on the other hand, you have been successful in your hobby and it has become your work, ie remuneration from your creative talents is how you put bread on the table, then while you are still happy for people to enjoy your work you are also hoping people will be willing to pay a fair price to do so. If they don't, if nobody does then you have to give up the creative work and go back to whatever it was you did before.
      It become the death of a thousand cuts. Oh it doesn't matter if I make a copy ... but if no one pays (a fair price) for creative works, be they films, music, chairs, whatever, then people will stop making them, or at least stop making the good ones. So, do you want a world without chairs? Once they're all gone it will too late to stand up and be counted, 'cos everyone will already be standing and no one will notice you!

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    130. Re:It's not "trade" by Stray7Xi · · Score: 1

      Copying someone else's work is not a right. period.

      Copying is absolutely a right. Exclamation point.

      Read the first amendment, freedom of speech. Heck even without government, speech is a natural right, something we're born with and die with... What do you think copying is but a form of speech. Publishers ability to restrict copying is NOT a natural right. It's a voluntary concession of the public. Free Speech has been restricted to allow publishers extra opportunity to make a profit.

      So yes, copying is a right. Copyright is a restriction on that right.

    131. Re:It's not "trade" by delinear · · Score: 1

      Just look at Disney, one of the worst coporations for perpetuating eternal copyright and the company basically made its money ripping off stories from the public domain. Do you need any better example of the hypocrisy and inequity of this system - that one company can get filthy rich plundering the treasure trove of public domain then plough all of its earnings into ensuring nobody can ever use its own products in the same way in the future? You could say "but Disney brought those stories to life in a new way that enriched the lives of others", but who is to say they're now not actively preventing someone else adding even more value?

    132. Re:It's not "trade" by silentcoder · · Score: 1

      >Who decides that it's naturally/obviously "right" to share and "wrong" to steal?

      Evolution ? Humans developed as SOCIAL animals because it improved our SURVIVAL rates. Social groupings (societies) if you will are functionally NOTHING more than "systems of cooperation". "Sharing of resources" is essentially synonymous to "cooperation' for nearly all the purposes here.
      It's not just a natural RIGHT to share, it's a natural OBLIGATION. And "natural" is EXACTLY the right word - this is something in our very core nature, it's what makes us - as humans -SOCIAL animals as opposed to loners.
      Wolves hunt together and share the catch.
      Leopards hunt solo and get to keep the catch.

      But wolves successfully hunt FAR bigger pray than leopards can and are arguably far better able to survive a change in the surrounding ecology because of their wider options of pray.

      Only idiots think humans are leopards. We are by our NATURE and evolution designed to cooperate - like the wolves do.

      The very reason we HAVE societies is because we are innately social - and thus cooperation and sharing is indeed our natural and most fundamental right, duty and obligation.
      That doesn't mean that we should or can share ALL resources ALL the time - but it damn sure says that we must share as much as we can, when we can. The restriction is that resources are not unlimited, if we aren't EVER selfish - with limited resources, everybody will be passing them around and nobody will actually ever EAT the sandwhich until we all starve.
      But when there is something which truly IS an unlimited resource (we can never use up all the copies because we can make more at any time) - there is absolutely NO justifiable way to restrict the natural sharing of that resource.
      The idea of copyright is to increase the source of the resource - more things to copy in the first place. In fact we do NOT reward authors because we think they deserve it - that's against ALL legal traditions. We reward them so the PUBLIC DOMAIN will get bigger. Copyright has failed so miserably at this goal (and is now actually REDUCING the size of the shared common resources by REMOVING things from the public domain that used to be there) that it clearly should be gotten rid of.
      Sharing IS our right. I'm happy to do my share to help find away to compensate authors (being one - I do care about it) so they can add to the list of things we have available to share, but I am no longer willing to accept the argument that sacrificing this natural, social imperative to share is a worthwhile sacrifice anymore.

      --
      Unicode killed the ASCII-art *
    133. Re:It's not "trade" by Anonymous Coward · · Score: 0

      1. Sheet music to amateurs is probably not a minor Musical composer's main source of income. Even Andrew Lloyd-Webber probably makes a larger share from recording and performance royalties.

      If you read the article you'd see that he says about half of his income is from selling sheet music.

    134. Re:It's not "trade" by NightWhistler · · Score: 1

      The thing about copyright law is: it was created to prevent people from using other people's works, and selling it as their own or making a profit off it in some other way. In short: it was created to make sure that the only person allowed to sell content was the original creator.

      Because physical copying was hard, this made sure that content-creators had a fairly secure income from selling their content. These days copying is easy though, so now the "offenders" are often the people that may or may not have bought the content, but managed to get a free copy now. This (arguably) leads to lost sales.

      This is not what copyright was created to prevent though. In fact, if I write a scathing review of your work, saying it sucks and that every time someone buys it, God kills a kitten, I am probably costing you sales too. I am costing you money in exactly the same way that I would be if I was sharing your stuff. In fact, if I shared it people might conclude on their own that it is worth buying anyway, where as if they believe my review they will never buy it.

      In short: people burning content to CD's and selling them: still very easily procecutable. In fact, they probably suffered the most from file sharing since that market just dried up. Why buy a knock-off now?

      Customers sharing files? Maybe morally wrong, but unenforcable. Yes, it's sad, but with the advent of digital technology content creators lost an avenue of possible income. It's what happens though, and other ways have sprung up. It also created new ways to reach your customers, and provide a more personalized experience.

      The world is changing, and those that don't change with it get left behind.

      --
      PageTurner Reader: open-source e-reader for Android with cloudsync. http://pageturner-reader.org
    135. Re:It's not "trade" by delinear · · Score: 1

      Who is the arbiter of what is truly novel? Didn't Wilde once say something along the lines of spending all morning to add a single comma to a work, and spending all afternoon to remove it? In his eyes this one, seemingly insignificant thing changed the whole work to such a degree that he, as an artist, spent all day agonising over it. If he'd published without the comma and I took his work and added the comma, who are you to judge that I've not created something novel? We are potentially preventing new artists producing works of public benefit by having such restrictive and long standing copyright now, which is entirely the opposite of what such laws were meant to achieve.

    136. Re:It's not "trade" by bbbaldie · · Score: 1
      What you say is true about copyright.

      Furthermore, I agreed with everything the composer said, right up until: "The entire record business is in free-fall because people no longer feel the moral responsibility to buy music; they just download it for free from the Internet, from YouTube, from their friends."

      That's not why the entire record business is in free fall, not by a long shot.

      Oh, and the shot at Eleanor's spelling sounded like sanctimonious sniveling.

    137. Re:It's not "trade" by silentcoder · · Score: 1

      >"Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay."

      Easy it's an established fact and there are many ways to verify it.
      A simple one: the man we consider the greatest poet and playwright of all. Mister William Shakespeare. Every single one of his plays was a derivative work of older plays that already existed. He never payed a royalty. If modern copyright laws had existed -every single one of Shakespeare's plays would be deemed a "pirate copy".

      All creation, invention and authorship (with perhaps a one in a hundred billion exception rate) is built on the work that came before. This is true in science, in art, in philosophy - it's the very essence of HOW creation happens.
      Newton called it "Standing on the shoulders of giants".

      Any author who claims otherwise is incredibly, stupidly arrogant and wrong.

      --
      Unicode killed the ASCII-art *
    138. Re:It's not "trade" by eugene+ts+wong · · Score: 1

      No, no. I agree with the "standing on the shoulders of giants". It's *still* hard to create a piece.

    139. Re:It's not "trade" by mdwh2 · · Score: 1

      In particular, if it was trade - i.e., they were selling it - I can see it as being more of a problem. Though the author writes:

      (I put "trade" in quotes because of course it's not really a trade, since nobody's giving anything up in exchange for what they get. It's just making illegal unauthorized copies, and calling it "trade" legitimizes it in an utterly fraudulent way.)

      He seems to think that copying for free it makes it worse! He implies that if they were buying it from those people, it would be okay...

      As for the story - well, I think that copyright should cover sheet music. But I'm not sure I have much sympathy for him harrassing a teenager. We're not talking about someone freeloading mp3s to listen to, she's trying to learn music so that she can learn to sing or play.

      Heaven forbid, that we should have those immoral teenagers breaking the law by singing unauthorised songs! They should go back to watching TV all day or hanging around on street corners. Perhaps the owners of the rights to Happy Birthday are going to step in?

    140. Re:It's not "trade" by delinear · · Score: 1

      You can't speak for this guy on copyright terms - maybe he's more than happy to earn money on a piece of work for 150 years, don't create an opinion on his behalf to make him fit the strawman of the struggling artist who's just one of us trying to make it in the big world, it cheapens your argument. I think the big issue here is that corporations like Disney have made copyright such an abstract thing in the minds of most normal people (I don't have children but there are works being produced today that will likely still be in copyright even after my children's children are dead and buried) that it's hard to see the crime in sharing. Maybe if copyright was for a reasonable period we'd see people who wanted the work now more willing to pay, while people who are just curious or content hoarders willing to wait a few years to get it legitimately (at the moment their "crime" is the same if they get a zero day release or wait 10 years). Of course I can't say for sure, maybe people would still copy as much new stuff as they do now, but I can certainly say that, when there's the threat of huge lawsuits and government legislation being bandied around and people are still sharing in their millions, it's clear that the current system does not work and needs a huge rethink.

    141. Re:It's not "trade" by delinear · · Score: 2, Insightful

      Car locks are an enhancement - they prevent other people stealing the car, and certainly it's not as convenient for you as being able to own a car that has no locks so you don't have to remember your key, but most people are happy to accept the trade off, it's not crippled, just inconvenient. DRM-encumbered items, on the other hand, provide zero benefit to the owner, it's all negatives - increased cost, increased complexity, impossible to format shift in its DRM form, can potentially be deleted without your permission after sale, etc. It's all negatives from the consumer's perspective, hence it's crippled purely for the benefit of the vendor and to the detriment of the owner.

    142. Re:It's not "trade" by Toze · · Score: 1

      Except that the laws protecting DRM are draconic and independent of the laws protecting copyright. In other words, a work released under a CC license, or old enough to be out of the public domain, released on, say, the Kindle, is legally free to share; either copyright doesn't protect it or the author has given explicit permission to share. But because DRM locks are protected by law, this freely shareable work cannot be shared without breaking the (DRM) law. Now, this ignores the fact that an author can release a copy on the net as well as Kindle (see Doctorow, Baen), and the fact that if it's out of copyright it's likely available on Gutenberg Press, but I think it's still important to draw the distinction between "illegal to copy because the author asserts copyright" and "illegal to copy because the delivery platform is sacrosanct."

      I personally do a lot of media sharing; Daniel Bautista's guitar rock, freely available on Jamendo.com, for example, or CC-licensed books from Doctorow, or linking people to Baen's free online SF library. I don't think there's a practical barrier to sharing stuff that authors want shared- but you and I are technically savvy. There are a lot of people for whom iTunes is the only music delivery system or Kindle is the only digital book delivery system; these people, with copies of work by Ringo or Doctorow, may be aware that it's legal to share those pieces, but are legally constrained from doing so; it's nearly impossible for them to share music legally amongst their own friends and family. You could dismiss them because they "just don't know how to do it," but these people represent the vast majority of media consumers; if they don't know how to do something they can do because lobbyists bought a law that makes it harder for them, something is wrong.

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    143. Re:It's not "trade" by Nadaka · · Score: 1

      There are no granted rights. The word you are looking for is privilege. A privilege is a power granted to you by an external authority. When that privileged is enshrined in law and becomes expected it is called an entitlement.

      No one that has any support for copyright at all will argue that the right to copy is "inalienable". In the context of the constitution, inalienable rights are those that would unquestionably harm society if they were to be alienated from the people. The government must not attempt to separate those rights or their free expression from you either by force or threat.

    144. Re:It's not "trade" by Nadaka · · Score: 1

      You pretty much hit the nail on the head.

      I wasn't making a statement on the value of copyright in general. Only the that there was an error is the argument made concerning the issue of rights.

      On copyright, I am a "radical moderate".

      I wholeheartedly agree with the purpose of copyright: To enrich the sum of public knowledge and art.

      I agree with the basic premise: that in order to secure new works for the public domain, it is appropriate to provide an artificial, temporary and limited monopoly on distribution of creative works to the author to encourage the creation and publishing of creative work.

      I disagree with several of the specifics. Among them: the extreme current duration of the monopoly and the nearly arbitrary ability to extend that duration, failure to defend fair use (in the US this is caused partially by making it illegal to circumvent DRM even for otherwise legal fair use), and extortionate compensation payed to media organizations such as blank media taxes and statutory damages thousands to millions of times higher than the actual damages of infringement.

    145. Re:It's not "trade" by Toze · · Score: 1

      Two things;

      Most of the greatest works of mankind, whether scientific or literary, are freely available, because they were created before Mickey. While it's not right to say that anyone who uses any existing cultural artifact in their work shouldn't profit from it, it's equally wrong to suggest that every work is entirely the author's own and they're justified in locking other people out of using their work in exactly the same way they used others'. I get that you think copyright lasts too long- but I think that excessive duration of copyright does make copyright violation morally acceptable. James Joyce and Walt Disney are dead, man. Their work is removed from the well they drew from, and held back from returning. It's not only culturally self-destructive, it creatively impoverishes a planet's worth of other artists, writers, filmmakers, etc., and in so doing does harm the the whole culture. If this isn't a moral issue regarding creativity, what is?

      2: Fair use of works is only a useful provision of law if copyright holders don't have the ability to blanket any use of their work (legal/fair use or not) in DMCA notices and attack lawyers. It's not just the duration of copyright, but the depth of application; it costs 10 grand to clear an independent film of copyright issues. Using any post-'25 work in new work invites financial disaster, whether or not it's legally defensible.

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    146. Re:It's not "trade" by mpeskett · · Score: 2, Informative

      Copyright is a legal construct granting an artist (or their employer, or a corporation, or whoever) exclusive control over the making of copies of a work, and hence also denying everyone else that right unless they have authorisation from the copyright owner. In theory that legally granted monopoly eventually expires and the work enters the public domain, allowing everyone to copy it however they please (except it doesn't any more... whenever something old but profitable comes close to going public the industry lobbies for another extension).

      In the absence of copyright law, everything would be public domain, everyone would have a natural right to share, to copy, to trade, to make derivative works, to do whatever they want with whatever information they have (I'm using information for want of a better term to describe all the possible copyrightable works). I think the original point was that this natural right should be given primacy, rather than everyone accepting copyright law and giving up their right to copy.

      The original idea of copyright law was that, as a society, we temporarily give up the right to make copies of a new work, so that the creative types will be able to make a profit from a short period of monopoly, hence have the motive to make more nice things, and the public domain would be enriched by that when the copyrights expire. Unfortunately the length of that temporary period has grown ever longer, and the law no longer serves its original purpose. Now, instead of serving to enrich the public domain it serves only to enrich copyright owners. Maybe that does mean more creative works, a gain for society, but it also means a corresponding loss from the public domain. The question is whether that trade is fair; whether the assumed increase in creative output from longer copyright terms justifies us giving away our right to make copies.

      Honestly, I doubt that there's any great difference in the number of things that would be made between, say a 50 year copyright term and a 70 year one (extend that logic back to as short a copyright term as you think sensible... I doubt it makes much difference to the number of works being made past 20 years) and given that copyright also serves to stifle creative output (any creative work that would be infringing on earlier work can be blocked by means of copyright) I think its fair to say that the trade is not fair at all - we're giving away the right to make copies for decades and getting very little back for it that we wouldn't get with a shorter term. Effectively, we're all getting ripped off, so breaking copyright law could be justified as a means of resistance.

      Personally, I'd favour a drastic reduction in the length of copyright terms; maybe 7 years. It'd make it much easier to respect copyright if I knew it was doing what it was intended for, as opposed to giving a massive industry a near-perpetual line of profit (what other industry gets to continue making money on work that was done decades ago?) as well as the power to sue people indiscriminately, as it seems to be doing today.

    147. Re:It's not "trade" by chill · · Score: 1

      That was a FISH sammich. We're talking about separate patents for HAM, TURKEY, ROAST BEEF, etc. Don't even get me started on the patents for more than one meat topping, and then NON-meat toppings.

      --
      Learning HOW to think is more important than learning WHAT to think.
    148. Re:It's not "trade" by Anonymous Coward · · Score: 0

      does not automatically grant you the legal right

      True, and completely off topic. Nobody disputes that the laws say what they say. This discussion is about the moral right to copy. If you don't know the difference I can't help you.

    149. Re:It's not "trade" by mpeskett · · Score: 1

      I agree that the proper purpose of a state is to protect its citizens from tyranny, from having their rights taken away by the man with the biggest gun.

      I don't agree that this means those rights are meaningless without that government. In the absence of a police force/justice system it would be much easier to infringe someone's rights without suffering any ill consequence, but I think that even if we were in a state of complete anarchy we'd still see it as being wrong for "the chap with a gun" to go on a killing spree.

    150. Re:It's not "trade" by easterberry · · Score: 1

      I've given my friends access to my games on steam. I let them use my account. Since only one of us can be on the account at once only one copy of the game is valid at any one time.

    151. Re:It's not "trade" by Toze · · Score: 1

      So please explain exactly what ideas has he failed to pay for?

      The idea of musical notation. The idea of (dunno if he uses any of these, but;) rondo, ternary, variational, and sonata forms. The idea of flutes as an instrument. The idea of paper, ink, and binding. The idea of harmony. The idea of the entire body of musical theory in human history; what he paid for in school was access to knowledgeable and skilled teachers, and certification that he had learned, not the information itself.

      Not saying the guy doesn't deserve to be paid for his work, but his creative contribution is insignificant compared to the cultural borrowing he did. I'm pretty sure he realizes all of this, too.

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    152. Re:It's not "trade" by Tristfardd · · Score: 1

      "right to copy" is a weird legal hack, of relatively recent vintage, that may or may not prove beneficial in the long run. People copy things all the time. They see somebody do something clever and they start doing it themselves. Others see them and copy their behavior. Does the first person who did it get any credit? Only a little, at best. A person creates a new dance step at a party and it spreads like crazy. The spread clearly involves copyright violations. How is it any different than singing a new song that others start to sing? Do people have a right to copy the behavior of others? "right" is not the correct term for it. Sparrows do it, dogs do it, people do it. It's part of what we are. When it comes to copying sheet music, are you saying that the expert, who can look at the music and instantly memorize it, is free and clear while the novice, who has not yet attained that level of skill and makes a physical copy, is a criminal? Current law says that Girl Scouts can't sing Happy Birthday without legal permission. What incredible nonsense. The current theory of what can be owned and the concept of intellectual property work to the advantage of corporations far more than they do for individuals.

    153. Re:It's not "trade" by easterberry · · Score: 2, Interesting

      What if it took you 2 months to make that sandwich and your only source of income is selling the sandwiches you make?

    154. Re:It's not "trade" by Tristfardd · · Score: 1

      If a person buys into the current scheme of intellectual property and finds a niche there, then they find themselves defending their niche and the scheme. The human race got along quite well for a very long time without the idea. The scheme works well for the lawyers and corporations and the individuals who rely on it. It doesn't work well for the normal person who has to act in an unnatural way because of it. The fact that a person pays for an education and feels committed to the scheme does not make it right. Repeating the behavior of others is a natural human instinct; lawyers saying you can't sing this song because it belongs to someone else is a great foolishness and harmful to society.

    155. Re:It's not "trade" by wrook · · Score: 1

      DRM doesn't stop people from copying things. It stops people from using them. You can easily make a copy of something with DRM. It affects your *use* of that copy.

      The two things are not the same and it is very important to understand the difference. Because DRM not only stops you from using your copy of something, it stops you from using your *original* copy in ways that the DRM maker didn't envisage/allow.

      Unfortunately true copy protection is not possible. DRM is usage protection.

    156. Re:It's not "trade" by commodore64_love · · Score: 1

      Typical thief. You think it's okay to walk into a store, swipe some gum in your pocket, and then walk out. When you get caught you claim you did nothing wrong. That's all this is.

      How do you think a Sheet Music songwriter is supposed to buy food to feed himself, if you steal his Labor without compensation? You cannot provide an answer because none exists, except copyright
      .

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    157. Re:It's not "trade" by Scrameustache · · Score: 1

      the teenager was apparently offering his work for "trade" (whatever that might mean), which actually does not fit quite so conveniently with the image of a struggling artist in need of sheet music.

      "I'll trade you this sheet music for more sheet music."

      --

      You can't take the sky from me...

    158. Re:It's not "trade" by melstav · · Score: 1

      It's called a "Prepaid Card".

      Several are listed here. but you should be able to walk into walmart, kmart, target, and many grocery store chains and buy a prepaid MasterCard or Visa card.

      And if you can buy the card there, you can walk back in there with the card and a handful of cash and say "Put this money on here." and have them do it for you.

    159. Re:It's not "trade" by laddiebuck · · Score: 1

      It's you who misunderstand, but what else should we expect from someone who posts such shallow replies? Read the first few sentences of the American declaration of independence sometime.

    160. Re:It's not "trade" by Scrameustache · · Score: 1

      what if making that sammich took you several weeks' (months? years?) of work, as is probably the case with most musical compositions?

      How do I protect my recipe?
      A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records. See FL 122, Recipes.

      --

      You can't take the sky from me...

    161. Re:It's not "trade" by Oldstench · · Score: 1

      Too bad this article wasn't about DRM though.

    162. Re:It's not "trade" by icebraining · · Score: 1

      In the Swedish parliament?

    163. Re:It's not "trade" by The+Yuckinator · · Score: 2, Insightful

      And what about composers like this guy? He composes scores for musical productions (likely among other things). Should he be like Tommy Dorsey and go get his own Orchestra to perform these songs? Or maybe he should also hire an acting troupe and rent out space at a theatre (perhaps just buy his own?) so he can produce entire musicals at night while he writes the music all day?

      The huge list of names at the back of your program when you go to the theatre aren't just there to make it look good. Hundreds of people are involved in putting together any single night's production. Same goes for TV or Movies - those names scrolling on the screen at the end of the show are called "credits" for a reason. Most of those people get paid (credit) for their efforts.

      Guess where the money comes from? (hint: it's not from people who are copying the sheet music/audio recordings/scripts)

    164. Re:It's not "trade" by Syhra · · Score: 1

      If you can make a 1:1 copy of my sammich without degrading the original, then please, share away.

      I'd say you have a patent but Prior art has been claimed by Jesus Christ

      I disagree, While he certainly broke bread, there is no evidence that he did so with the purpose of putting ham, swiss cheese, peppered mayo, lettuce, cucumbers and tomato between the pieces. By the way, I own the copyright of this, and you now are not allowed to make one for yourself without paying me royalties.

    165. Re:It's not "trade" by crmarvin42 · · Score: 1

      Linux, BSD, et al are all DRM free operating systems

      Audiobooks are also available on CD-sans DRM

      TV shows are available free OTA in many/most cases prior to being on iTunes and I've never had any problem recording them or playing them back on which ever TV I want

      eBooks are simply a different format of book, and there is no DRM on a paperback.

      The only 2 that seem to be accurate are movies (as I said above, format is irrelevant) and video games. Well Movies occasionally appear on TV which is largely DRM free, as is watching them in the movie theatre, but I see the point there. For video games, well you got me there.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    166. Re:It's not "trade" by skywire · · Score: 1

      You take such a strong positivist stance that you come across as believing that various kinds of speech acts are prohibited or not on a purely random basis, as though a group of legislators rolled a die for each kind of act: "Okay, now let's roll for libel. A six! Put libel on the prohibited list. Now let's roll for publishing landscape photos. Five! That goes on the allowed list." Allow me to suggest that you instead look for what is common among the set of prohibited acts, that is, what divides the prohibited from the protected. It's not hard to see. Yes, there may be a few tough cases, some grey areas. But you will have to be deliberately obtuse to say that you cannot see that there really are prior rights that the law is attempting to protect. The law is attempting to enforce a rule that has been stated as "Your right to swing your fist ends where my nose begins." Otherwise, the right to "life, liberty and the pursuit of happiness" as stated in the American Declaration of Independence would be rendered meaningless.

      --
      Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
    167. Re:It's not "trade" by crmarvin42 · · Score: 1
      Yes, because professional musicians routinely get not outside training other than what they hear on the radio (BTW, the artist gets free promotion by radio play. It is valuable enough that some have been caught bribing DJ's - Payola??) or get from reading public domain scores.

      As to the duration of copyright issue, I agree that it should be much shorter than it is. However, our shared opinion does not trump established law, or changed the legality of trading copyrighted works without compensating their creator. If you read the original article he didn't say he wanted protection forever. He simply indicated that the scores in question are still covered and asked that the refrain from trading them. He didn't even threaten anyone with a lawsuit, which he has the right to do.

      And violation of copymonopoly which is claimed for longer than the constitutionally authorized limited time, is both legally and morally acceptable. Though the courts seem to claim otherwise.

      Did you fail US government in HS? The constitution also lays out that the judicial branch is the arbiter of what is and is not constitutional. Your assessment of the constitutionality of the copyright extension acts is irrelevant. The SCOTUS has ruled on this before and upheld the extension act, so by definition they are constitutional. I don't agree with their decision, but since I'm not a lawyer or a judge, I'm not exactly qualified to overturn their ruling just because I feel like it, and neither are you (unless of course you don't live in the US).

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    168. Re:It's not "trade" by crmarvin42 · · Score: 1

      It is for the courts to decide what is truly novel, not the artist. If the owner of the work decided that they are too similar, then he can sue. If the court agrees, then he automatically gets the copyright to the new derivative work. It happened with vanilla Ice and a loop he stole from the Rolling Stones, IIRC. He claimed that the loop was not the same because he changed one or two notes, the Stones disagreed, and the courts sided with the stones. Any money Vanilla Ice made from that song was thus forfeit, and he had to pay a portion of the album sales to the Stones in perpetuity.

      As I've said before, I feel that the current copyright term is excessively long. I would like to see it shortened back to, at most the lifespan of the creator, and preferably only 15 to 30 years.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    169. Re:It's not "trade" by Anonymous Coward · · Score: 0

      My opponent point was that crippling something because someone can do something wrong is not justifiable. Yet you seem to be perfectly able to justify this. Just calling it "enhancement" seems to do the trick, why would not you call DRM the same and be at peace? Most people don't even know about DRM least notice it. DRM allows to reduce the price of the content and even to have some titles on the market in the first place. If you are going to argue this does not benefit you because you are stealing^Wusing alternative means to get your content the same goes for the car locks - they certainly don't benefit an owner who became one through not-so-legal means.

    170. Re:It's not "trade" by crmarvin42 · · Score: 1

      it's equally wrong to suggest that every work is entirely the author's own and they're justified in locking other people out of using their work in exactly the same way they used others'.

      I can read a book that has 100 years left to it's copyright and still use it. The knowledge I acquired from the book cannot be taken from me, the effect it had on my though processes cannot be revoked, and I can even quote sections verbatim or in summary as long as I provide appropriate citation. Essentially, you've created a false scenario where copyright prevents any use of previously copyrighted material in any way. Hell, if I want to borrow more liberally, I can negotiate a contract by which I can use something more liberally for a reasonable fee. It happens all the time in the music industry.

      Feeling that taxes are too high does not make tax evasion morally acceptable. Feeling that you got screwed in divorce court (and who doesn't feel that way at first) doesn't make alimony and childsupport evasion morally acceptable. The law is the law. If you don't like it, then you can work to change it. That's the great part of our government, that you can work to change laws you don't like. It may be difficult, and there may be a lot of enertia to overcome, but it can happen. Just look at the civil rights movement and all the Jim Crow laws that were overturned.

      Simply because breaking the law is easy, and the law is oppressive in your opinion, does not grant you the moral prerogative to break the law with impunity. And lets remember, the author in question was not threatening to sue anyone. He was simply asking people not to violate his copyright, and explaining why. This guy is not Disney.

      I don't want to get offensive, but how arrogant are you that you feel your opinion trumps the decisions of the SCOTUS on this issue. I agree with your opinion, but am apparently at least a little more humble.

      Using any post-'25 work in new work invites financial disaster, whether or not it's legally defensible.

      Using any post-'25 work in new work requires you negotiate a deal with the copyright holder. It happens all the time. Anytime the song "Happy Birthday" appears in a movie or on a TV show, the producers have to first negotiate a deal with the copyright holder, who happens to be Time Warner. It may make use of the work more of a hassle, but it can be done in most cases. Copyrights are useless to their owners if they can't monetize them in some way, and most owners are willing to be reasonable because being unreasonable costs them too much money.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    171. Re:It's not "trade" by Cederic · · Score: 1

      Utter bull. Your right to life for example. Without a government willing to protect it by enforcing punishments, pleading "I have a right to live" to the chap with a gun is utterly meaningless.

      The right to live exists entirely irrespective of the ability to protect it.

      If someone kills you, they have abridged your right to life. The failure of Government to prevent that curtailment of your rights does not negate the right; it merely means you were unable to exercise that right.

      Rights exist. Protecting those rights typically requires a structured society, often resembling a Government, but the rights are there anyway.

    172. Re:It's not "trade" by ceoyoyo · · Score: 1

      To bring this thread back on topic, note that the composer didn't say he wanted his stuff DRMed. All he wanted was for people not to offer copies of it to others online.

    173. Re:It's not "trade" by Paul+Jakma · · Score: 1

      Shakespeare copied and drew heavy inspiration from around him and from classical material, just like any one today.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    174. Re:It's not "trade" by Paul+Jakma · · Score: 1

      You do. However you often can't buy the more useful, non-DRM version. Instead, you have to download pirated, non-DRM copies from the internet. The publishers then complain no one is buying their less useful versions cause of piracy.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    175. Re:It's not "trade" by White+Flame · · Score: 1

      But you will have to be deliberately obtuse to say that you cannot see that there really are prior rights that the law is attempting to protect.

      Of course. There are very many cases where the stated rights of 2 separate individuals come into conflict, and the legal system must make a judgment call as to which right will be protected. This defines new precedent and triggers new legislation to deal with messy legal grey areas, better defining how our freedoms interact in specific cases.

    176. Re:It's not "trade" by White+Flame · · Score: 1

      Rights are not enumerated. Rights are not granted. Rights exist independently from any law or more.

      There is a reason the constitution used the term "inalienable rights". Because those are the rights that it was decided that government must not attempt to interfere with.

      While this may be true, your right is meaningless if it is not enforced. All that rights boil down to is "This is how it should be, what I consider fair, just, natural, and proper" and is purely opinion and belief. Only those rights acknowledged by the US government are applicable legal defenses to your actions in this country.

      Your statements are true from a standpoint of the American legal system, because the government is built around stated axioms that the founding fathers deemed beneficial. The government corporately "believes" in those rights, and is defined as holding those opinions.

      However, that does not make it a universal truth, natural law, or a feature of the nature of humanity itself simply because one country decided to intentionally live that way. It's just the official stance of American government.

      I still do not see how you arrive at "The ability to copy is the right to copy" as either a natural right, or as a legal right within the USA. You personally might believe that it's your natural right, but you still cannot act on it without being in conflict with the legal system.

    177. Re:It's not "trade" by White+Flame · · Score: 1

      Stop breaking my sentence structure to say something that I did not say. This is the 2nd time it happened. There is an "or" in the sentence, and I did not use "establish" as "create".

      "Rights are established by
      1) governments as acknowledged and enforced (legal rights), or
      2) held and enforced as social/religious/cultural norms within subgroups of people."

      Sure, you can believe in any of your own non-established rights that you personally believe in, but cannot act on them without risking in conflict with the legal system or societal resistance. Social, familial, religious, and other groups do this all the time, claiming their own set of natural rights.

      Freedom of speech is a right held by every human being on the planet.

      WRONG. The US government is defined as believing that freedom of speech is a right held by every human being on the planet. How did this become universal truth just because one country decided to live that way? I assure you, there are tons of "natural" decisions other countries live by that you do not take as universal.

    178. Re:It's not "trade" by White+Flame · · Score: 1

      Survival has nothing to do with moral rights & wrongs. There is always a conflict between short-term beneficial behavior which stems from survivalist wiring, and moral/ethical claims about what's more "fair" and "right". Evolution is not some benevolent, personified, moral system; it's simply what happened to survive in an environment.

      Human survival instincts are based around behavior beneficial to a family clan. This yields a lot of xenophobic traits, and the willingness to share among your own but not others. Many moralities claim that this is an immoral restriction, and is just one example of how moral codes are in conflict with evolutionary survival behavior.

    179. Re:It's not "trade" by Nadaka · · Score: 1

      It doesn't matter if I believe it to be a natural right or not, it doesn't matter if the law supports or restricts that right or not, by its nature it is a natural right. And that is my point.

      Rights are not "how it should be" etc. They are not opinions or beliefs. They are facts. They are universal, for every one, every where, every time.

      Words have meaning. Words like right, grant, etc, all have very specific and well defined meaning when talking about rights in general and copyright specifically. Corrupting those meanings corrupts perception of both reality and the law. This extends to words like piracy and theft, neither of which is in any way related to copyright or the violation thereof.

      My statements have neither been arguing in favor of copyright or against it. Only about the appropriate use of the language surrounding the issue. I do this because corruption of the language surrounding the issue is an intentional ploy to subvert the laws as written with fear, uncertainty and doubt. You have fallen for that ploy and continue to apply the wrong meaning to the language you are using.

      It is also a natural right to be able to throw pointy sticks. It is also a natural right to not be stabbed by flying pointy sticks. The not-get-stabbed right does not override the throw-pointy-stick right. Where the two conflict, a just law will er on the side of least harm and will seek to restrict pointy-stick throwing where it causes stabbity-death. An unjust law may infringe on my right to throw pointy sticks by forbidding the act outright to prevent the rare occurance of stabbity-death. An even more unjust law might not restrict the throwing of pointy sticks in any way.

    180. Re:It's not "trade" by brit74 · · Score: 1

      Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay...

      I agree with you, but I think you should've focused a little more on the fact that *all* human work is based in part on ideas and work from other people. One example I often give is that farmers plant crops using seeds that were selectively bred for thousands of years. This doesn't mean we can deprive farmers of their work -- even if we can legitimately make the claim that the majority of a harvest is due to our "common cultural heritage" of high-yield seeds. (If you look at the natural versions of our crops, they're pathetically small and barely edible. For example, here's where corn came from: http://www.learner.org/courses/biology/archive/images/1290.html )

    181. Re:It's not "trade" by tendrousbeastie · · Score: 1

      "Copying is a right. Just one that is restricted by law.

      Copyright law is a misnomer, it would be more appropriate to call it copy restriction law."

      Indeed. It is a law that describes which parties have the right to produce and/or distribute copies of a given piece or implementation of information (or sell/license said right).

      "A right is something you can do without the hindrance or the requirement of assistance from another. Copying information available to you is such an act."

      Not really - a "Right" is generally defined in terms of its corresponding "Duty" on some one else. My right to life is contingent on everyone else's duty not to kill me (hence murder's illegality). My right to free speech is contingent on both the public's and my government's (the UK parliament and cabinet in my case) duty to not inhibit what I can say in situations that are fully within my domain (i.e. I am not free to subvert Radio4 to have a rant about my corner shop).

      Do these rights count as absolutes? No. In most countries the right to free speech is limited to some degree - shout "Fire" in a theatre and you will probably get arrest in Europe and the US for some form of civil disturbance. In Texas your right to life is proportional to your respect to you duty to not kill others.

      Rights are all to do with the requirements placed on other people. Copyright is simply the right to copy/use/implement a given piece of information, with a duty on everyone else not to do so (unless licensed or permitted).

      As an aside, the idea of a right is a very ill defined thing. I imagine Americans and Europeans have quite different ideas on what a right is - compare the US Bill of Right to the UN Declaration of Rights.

      "Copyright restriction is not a right of the creator, but an entitlement bestowed temporarily in exchange for publishing creative work. Once information has been handed to another, only physical force can stop that person from making copies."

      Well, copyright is temporary monopoly on the particular information created, the intended effect of which is to encourage other such creative developments. It is intended to facilitate an economic return on the creation of the information, so as to incentivise other such activity.

      Your statement is, I think, partially right. Upon receipt of copyrighted data, some people will refrain from making additional copies because they think it is wrong and some because they fear recrimination (fear of force) and some will copy it regardless for their own reasons.

      I would like a discussion to happen focussing on central theme of copyright - being a limited monopoly on a given piece of information whereby only the creator can distribute or permit distribution the purpose of which is to encourage creativity.

      I would like to propose the following questions for debate, as I rarely see a real debate about this:

      1) Is there a benefit to financially encouraging creativity in this way? Is the benefit economic (bigger entertainment industry), cultural, or something else entirely (or does it not exist at all?)?

      2) If someone would never have, or could not have, purchased the information legitimately then is it wrong (or how wrong is it?) to make a non-permitted copy?

      3) How much does the copyright law affect people's behaviour (per country, per demographic, per market, etc.).

    182. Re:It's not "trade" by White+Flame · · Score: 1

      Rights are not "how it should be" etc. They are not opinions or beliefs. They are facts. They are universal, for every one, every where, every time.

      Defend this statement. You're expressing something you believe to be axiomatic, but simply has not stood the test of time. People never have and will never agree on a universal set of "right" and "wrong".

      Words have meaning. Words like right, grant, etc, all have very specific and well defined meaning when talking about rights in general and copyright specifically.

      Within certain legal jurisdictions, yes. As universal claims of truth and a definition of a single appropriate order of mankind? No.

      My statements have neither been arguing in favor of copyright or against it. Only about the appropriate use of the language surrounding the issue. I do this because corruption of the language surrounding the issue is an intentional ploy to subvert the laws as written with fear, uncertainty and doubt. You have fallen for that ploy and continue to apply the wrong meaning to the language you are using.

      And of course, I view your statements in the same light, as a corruption of meaning of concepts and misapplication of terms, taking one country's chosen perspective and claiming it to be a revelation of universal justice that all humanity must bow to.

      It is also a natural right to be able to throw pointy sticks. It is also a natural right to not be stabbed by flying pointy sticks.

      Says who? One person says they have a natural right, another person says that natural right does not exist. How do you determine which is correct?

      This is all 100% subjective opinion and belief stated as fact. Yes, you might fervently and religiously believe in the right not to be stabbed as a universal right that all humans have, but that belief does not make it a universal truth. A country may acknowledge certain rights and enforce them, but that does not make it a universal truth.

    183. Re:It's not "trade" by silentcoder · · Score: 1

      I never said evolution defined morality - but sure it has HELL did define our nature.
      I spoke about NATURAL rights, not moral ones.

      Indeed we can and SHOULD be above our mere evolution - any other claim is just the naturalistic falacy - but we'd be idiots to DENY it.
      It HAS made us social animals and sharing is the cornerstone of that, this makes it a NATURAL right.

      --
      Unicode killed the ASCII-art *
    184. Re:It's not "trade" by crmarvin42 · · Score: 1

      The human race got along quite well for a very long time without the idea.

      We also got along quite well before the discovery of antibiotics. This is equally irrelevant. Copyright is not about making "the human race get along just fine", it's about enabling creators of new arts to achieve reasonable compensation for their contribution.

      Classical composers, master painters, et al. only survived due to the support of patrons, rich people who payed the bills out of their desire to see more of the artists work. Copyright's aim is to make it so that creators don't need the charity of the rich, but can instead make their living from all that appreciate their work, at a much lower bill for any individual fan.

      lawyers saying you can't sing this song because it belongs to someone else is a great foolishness and harmful to society.

      Lawyers only come after you if you didn't bother to negotiate a deal with the copyright holder before your performance of their song. A good pair of examples are:

      "Happy Birthday" belongs to Time Warner. Anytime the song appears in a movie, TV show, or book of sheet music, they get paid. They don't sue anyone that uses it, only those that use the song for a profit without negotiating a deal first.

      The second example is the rapper Vanilla Ice using a loop he stole from (IIRC) the Rolling Stones. He did not get permission first, and so when he lost the lawsuit he was forced to pay all money from that song to the Rolling Stones (I believe the song was "Ice Ice Baby").

      You paint a picture where the first scenario is impossible, and only the second ever happens. Most copyright holders are willing to allow derivative works for a small fee because it makes them far more money in the long run.

      Repeating the behavior of others is a natural human instinct

      So is the territorial behavior of urban gangs, including the tendency towards escalated violence over time when gangs compete for the same turf. "Human Nature" is not an excuse in either case (although I obviously chose one with much more serious consequences to illustrate my point).

      If you don't like IP laws, and for the record I don't like them as they exist now either, then you can try to change them (assuming you are a US citizen). We have our work cut out for us, but breaking the laws instead of changing them simply makes it harder convince others that they need changing. It makes it easier for rights-holders to accuse us of simply being unwilling to pay, and thus criticizing the IP system as an excuse for taking things we have no intention of paying for at any price.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    185. Re:It's not "trade" by HungryHobo · · Score: 1

      I indeed have something similar. (although it's awkward enough, it doesn't keep a balance but rather each prepay number you buy is seperate and expires fast, if you want to transfer credit from one card to another there's a fee of a couple of euro which isn't much but that and the fee when buying it mounts up)

      The anoying thing is that the credit card companies here seem to be gradually phasing it out since they like people to get into debt rather than spending responsibly.

      Can't even buy the credit around here any more.

      None of the ones listed match the simplicity of a prepay phone.

    186. Re:It's not "trade" by White+Flame · · Score: 1

      Where does your entitlement to survival come from, regarding an evolutionary basis? It doesn't exist, survival is just something that happened to have happened. The universe doesn't care if you live or die, or if humanity lives or dies. These rights only exist in the minds of people who do care, and have their own wildly differing beliefs, opinions, and traditions on how mankind can/should best survive, which they regard as so fundamental that they risk life and limb defending them.

      Plus there are people who don't give a rip about human survival (as individuals or the species), and those numbers might be growing as humanity distances itself more and more from its traditional survival based lifestyle we're wired for.

      There is clearly no universal concrete "natural" direction for these claims of rights at all, ESPECIALLY when viewed in an evolutionary perspective. Humanity continues to go along in all sorts of directions at the same time.

      What you're basically saying is that because there is a status quo (human survival up to this point), it MUST be maintained just ... because! (Now, I'm not advocating the destruction of humanity, just calling you out to justify the rights you claim.)

    187. Re:It's not "trade" by Toze · · Score: 1

      I can read a book that has 100 years left to it's copyright and still use it.

      You can gain the information from any book you can acquire; the issue is whether you can acquire the book, and whether you can use the information in a useful way. How often do you see Mickey Mouse, the cultural icon, in any context in which the Disney Corporation does not own? How many books do you have that were printed in 1953, saw a limited run, have a high value for a small number of people, and are still freely accessible despite the lack of monetizability to match high technical, academic, or cultural value?

      I can even quote sections verbatim or in summary as long as I provide appropriate citation.

      No, you can't. Even academically, there are limits on how much of a work you can quote- in fact, there are several useful media studies that have not been done because they would have required quoting substantial portions of copyrighted work. The chilling effect of copyright law on culture and learning isn't a theory.

      Feeling that taxes are too high does not make tax evasion morally acceptable.

      Um. I realize it's the 5th instead of the 4th right now, and I realize that it wasn't the whole issue of the Revolution, and I realize there's a difference between "taxed too much" and "taxed without representation," but I'm pretty sure there's a passage in the American Declaration of Independence that asserts it is, in fact, morally acceptable to refuse to pay onerous taxes. As I understand it the issue was that taxation without representation caused taxes to become to high, which is what brought the issue to people's attention... but regardless of the details, I disagree; it can be moral to "evade" taxes when taxes are too high.

      If you don't like it, then you can work to change it.

      And so can- in Canada, right now, for example- the CRIA and major American record labels, whose financial and political pressure have had such a significant impact on our law-making process that a bill currently under discussion includes protection for DRM, despite both the Ministries of Culture and Industry having completed studies that suggest it's a bad idea, and despite a firm, clearly expressed opinion of Canadian citizens against DRM, in a recent consultation the government made, soliciting comments- which the new, CRIA-influenced bill ignores entirely.

      Simply because breaking the law is easy, and the law is oppressive in your opinion, does not grant you the moral prerogative to break the law with impunity.

      Actually, it does. Depending on the law, of course; one that made crossing the street painfully difficult isn't necessarily one I'd ignore for convenience, but I'd ignore it to save a life. And, to be more pointed about it, an oppressive law by its nature grants citizens the moral right to break it. Law is not the origin of moral behaviour or good citizenship or life, liberty, and the pursuit of happiness.

      I don't want to get offensive, but how arrogant are you that you feel your opinion trumps the decisions of the SCOTUS on this issue.

      Well, for one thing, I'm Canadian, not American, so I guess I'm at best only half as arrogant as you thought I was. :P I'm not a legal scholar, and I'm not talking about the legality of copyright, I'm talking about the utility and morality of it. I don't give a damn for what your courts say, and I'm fairly pissed that your corporations are trying to buy laws in my country. Who's arrogant?

      the copyright holder [of Happy Birthday], who happens to be Time Warner.

      Time Warner is not a person. Time Warner is incapable of creativity. Time Warner did not write the song. The people who did write the song are long dead, and copied the tune in the first place. Restaurants cannot have staff sing a 150-year-old cultural song of celebration because a legal fiction masquerading as a person in courts will sue them if they don't pay for it. This is not a hassle, this is insanity!

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    188. Re:It's not "trade" by Paul+Jakma · · Score: 1

      Ah, ok. Extended to new technologies. Yes, agreed.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    189. Re:It's not "trade" by zmollusc · · Score: 1

      Ah, but all the education and experience that he has paid for, he paid for. he doesn't pay part of his $3.99 to his old teachers and the live musical theatre dudes. The creative people want to get their background with one-off purchases and then create things that they can restrict the use of.

      Car analogy time: i buy several cars and dismantle them, then use the knowledge to design my own cars. When someone buys a car from me and duplicates it in whole or in part, I scream and cry about teh evil napster carsharers.

      --
      They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
    190. Re:It's not "trade" by silentcoder · · Score: 1

      Well by your logic how do you justify a right to live ? Let alone more esoteric rights like property ?
      The right to live is something we all recognize because by collectively protecting life we increase our overall stability - and thus survival rates, the same could be said for the right to share.

      There is of COURSE a major logical gap here - because on one side we're talking about legal and moral issues, on the other about science and yes, the universe couldn't give a crap about us.

      But we SHOULD !

      What I am trying to say is that any discussion of anything remotely like universal natural rights MUST consider the source of the desires and actions those rights are meant to protect. Those things which are most concretely built-into use a species are likely to be the rights and morals that the vast majority of people can and will recognize. The right not to be murdered, the right not to have your share of the food stolen from you (e.g. the foundation of property rights), the right to share and cooperate -these can all be traced back to basic survival and evolutionary urges, codified into law later on when we developed the idea of making laws.
      There is hardly any civilization that has ever existed which didn't have these laws, in part because any civilization without them would be denying it's citizens their most basic humanity - and that would inherently make it an incredibly unstable civilization. In recognizing these rights, a civilization greatly increases it's survival rate as a whole. Heck I would go so far as to say the first time one of our ancestors started painting on the wall of the cave - he was discovering the drive that would lead us to declare freedom of speech a right.

      Now previously - we as a species were significantly geographically separated so our cultures, physical appearance and many other things separated as well. Until VERY recently we believed these differences to be so manifestly huge as to be utterly insurmountable. Most of us choosing to believe that our own version must therefore be superior - and then you're only one step away from where we were, to say that these rights are ours but not everybody else's. A lot of people STILL haven't evolved enough to figure out that the differences between us are insignificantly small next to our similarities, but many of us (all the smarter ones) have. We don't recognize race as an IDEA anymore, and many are starting to reject the concept of culture.
      I myself have long since ceased to think of myself as an Afrikaner from South Africa. I'm a human from planet earth. What I was born is just one tiny part of what I became as a person - mostly by learning (from living within) other cultures.

      So indeed despite the differences we CAN recognize a common humanity, and certain natural inalienable rights. It is only sensible that the ones we recognize as such be the ones rooted in our most basic shared humanity - and our evolutionary history is the very soul of that.

      --
      Unicode killed the ASCII-art *
    191. Re:It's not "trade" by Anonymous Coward · · Score: 0

      "Copying is a right. Just one that is restricted by law."

      First, you are completely, absolutely wrong. Copyright is, (quoting Wikipedia which has is right): "Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of works that are substantive and fixed in a medium. Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work."

      Oh my fuck! Are you so stupid as to quote wikipedia to support your "absolutely wrong" perspective? First, the GP is giving their opinion of what copyright is and means. Unless they lied about their opinion - and you can prove it - shut the fuck up about absolutes. The wiki is giving a legalese definition of copyrights presumably without editorializing on the subject. Most of the posters here are editorializing so my definition of copyright is going to vary.

      Let's break things down a little. Is the wiki right? Consider, "lasts for a certain time period". Ooops. The wiki is wrong.

      Next, what is a right? There are two general views. Positive rights are something you are entitled to by law. This may include food, housing, medical care, etc. A negative right is something that may not be done to you. E.g., the right not to be murdered, not to be silenced, etc. The legal tradition of the US is mostly based on negative rights. Copyright is an exception to this. In order for you to have the right to medical care, somebody's resources must be appropriated (either the Doctor's or the money for the Doctor's fee). In order for you to have a copyright - the ability to restict all others to copy your work without your authorization - again, something must be taken. You gain copyright to your intellectual creation by government taking the natural right of others to copy shit willy nilly.

      I will go futher and state that the wiki does not disagree with my perspective of that of the GP: "Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work." The wiki is acknowledging copying as a right. GP and wiki say the same fucking thing: "Copying is a right" and "right to copy". OTOH, copyright is the "exclusive" use of this right. After you're done not learning and fucking around on your PC, grab a sketchpad and go outside. Start copying the image of a tree. Are you not engaged in an exercise of your rights?

    192. Re:It's not "trade" by imhennessy · · Score: 1

      You mean modern car keys which are "enhanced" to the extent that a new one costs >$50, and the car will only accept a maximum of five keys?

      Keys which, should they fail to produce the appropriate secret handshake, can lock the ignition system.

      Modern locks are a total PITA.

      ivan

      --
      Like to brew? Want to talk about it? Brattlebrew: groups.yahoo.com/group/brattlebrew
    193. Re:It's not "trade" by White+Flame · · Score: 1

      Well by your logic how do you justify a right to live ? Let alone more esoteric rights like property ?

      A right to live (and any other right) is upheld by agreement among members of societies. There is no logical justification, or any "SHOULD!", upheld rights are simply everybody being on the same page with "We should do this; we perceive this as beneficial" and establishing those beliefs as law or convention.

      Some societies do not uphold the right to live, with expendable classes of people and death sentences that can be exacted at the whim of leadership, and still survive. The fact that individuals within a society that does uphold certain rights personally defy them, and cause a criminal element, is a constant throughout all of human history.

      The right not to be murdered, the right not to have your share of the food stolen from you (e.g. the foundation of property rights), the right to share and cooperate -these can all be traced back to basic survival and evolutionary urges, codified into law later on when we developed the idea of making laws.

      Now, there's a real funny dichotomy being glossed over here: The desire not to be stolen from, and the desire to steal from others. Both are purely naturalistic traits of human behavior, and both exist in the vast majority of people. Some societies allow that which others abhor; each side claims they're just following "the natural order of things" to justify their choice.

      Also, there is another major point I want to address, trying not to get too lengthy. Perceiving what you see as beneficial to humans always falls back to the question "Why is man here?"; it requires some scale to measure actions against and is absolutely, undeniably arbitrary.

      Many times, this question is simply not asked and people live by their naturalistic impulses, tending towards tight-knit clans as default, natural human survivalist behavior; where benevolence is shown to those in the fold, antagonism is held towards those outside, and clans split after reaching certain sizes. Religions and cultures form around answering that question, and allow humanity to scale beyond clans (now, whether or not this is beneficial or should be pursued is still supported by beliefs only).

      By you dictating that man should pursue survival, you're a peer in the same pool; how is presenting survival as the ultimate goal of humanity different from any other belief that presents other ultimate goals for humanity? The inalienable rights that naturally stem from the belief-based axiom "Every human must be allowed to live", are different from the inalienable rights that naturally stem from the belief-based axiom "Humanity exists only to please the volcano god", and are different from the inalienable rights that naturally stem from the belief-based axiom "The earth is our mother and must be protected at all cost, even if humanity is destroyed". Direct survival is simply one of many paths that humans pursue, and many societies certainly did not die out even without survival as its #1 established priority.

      I guess my elevator pitch is this: There will never be consensus on the purpose of humanity (which dictates what humans perceive as beneficial), nor will there ever be consensus on how to pursue the plurality of humanity's perceived beneficial goals. Taking any slice of humanity's activity and calling it "natural" and defensible, while calling the remaining portion the opposite, is nonsensical in a logical sense, and is purely based on some underlying belief set and is a peer among many views. You cannot call it universal.

      You are still choosing to believe that your own personal view (no matter how many people share it) is superior, because it best reflects how you perceive society to benefit, and that reflects your core belief that humanity's goal is to survive, which I cannot stop preventing myself from calling a religious belief. Your view on "natural rights" is based on your beliefs, and your only test for the validity of those rights are how well they match with your beliefs, and you end up with the same circular righteous justification as anybody you disagree with.

    194. Re:It's not "trade" by White+Flame · · Score: 1

      Sorry for needing clarification, but the first line was intended to be "or any _universal_ "SHOULD!" mandate", in contrast to the personal "We should do this" opinions that individuals might hold.

    195. Re:It's not "trade" by hobo+sapiens · · Score: 1

      yes, agreed, I think that is the fix.

      --
      blah blah blah
    196. Re:It's not "trade" by hobo+sapiens · · Score: 1

      "
      Where did I say that I want to create a great work?
      "
      Yeah, agreed. That Bach guy, such a hack. I coulda done that too. I just don't want to.

      "
      And what makes you think I haven't already created things of value to others? and that I haven't shared those things with others freely?
      "
      Nothing, but there is evidence that you have created things of value *without* sharing them freely. You are posting this from a computer hooked to an internet connection and have reasonable intelligence. Therefore, unless you are a hobo in a public library, you have possessions which in turn suggests you are employed.

      Most musicians are not greedy. Save for a few bands who are stooges to the record companies of course (i.e. Metallica). As a musicians who knows scores (pun!) of other musicians I can say this with some authority. Musicians simply want to be paid for their work. If everyone wants to hear a song I wrote and performed, why shouldn't I be entitled to some money? The more a song is in demand, the more I should be paid. It's the same reason why a VB developer will make less money than someone writing software using something more advanced. And actually, what separates a good amateur musician (myself) from a professional musician is time. Time, as in practice time. To get to the level where you need to be to play professionally (I guess unless you are in a punk band), you need to invest a LOT of time every day. In other words, it's the difference between viewing music as a job and a hobby. *You* get paid for doing your job, right?

      Notice I mention musicians. The record companies are just hangers-on who often abuse musicians and IMO do not deserve to be paid. The internet has made them less important, because it is possible to promote oneself using independent channels. The other useful function once served by record companies, laying out startup cash for musicians to record, is also diminished by the quality of home studios. This copyright war has always been about the record companies trying to hold onto an outmoded business model. But in your original post, you take aim at musicians rather than record labels. You used the truism "We all stand on the shoulders of giants" to implicitly devalue creative works of musicians, software developers, etc. It's really easy for you to do that, but you really just parade your own ignorance.

      --
      blah blah blah
    197. Re:It's not "trade" by IndustrialComplex · · Score: 1

      I've given my friends access to my games on steam. I let them use my account. Since only one of us can be on the account at once only one copy of the game is valid at any one time.

      And since only one of you can be on the account at once, only one copy of ANY of your games can be played. If libraries worked like Steam, every time the library lent a book it would have to package up and ship every other book in the library along with it.

      Oh, and I bet Steam also has a provision in it's contract with you that you aren't allowed to let your friend log into your account, so they are free to seize your games at any point if they find out.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    198. Re:It's not "trade" by crmarvin42 · · Score: 1
      I'll take everything point by point.

      1. You're first point seems to be the issue of scarcity. Not all works are in print at all times. This is unfortunate, but has nothing at all to do with copyright. Printing books is expensive, and unless their is perceived demand, and the expectation of profitability, then publishers don't print anymore books. This goes for books in the public domain as well as those still under copyright.

      2. As someone who is published academically, you most certainly can quote someone else's work as long as you cite it and you do it sparingly. I've seen work were several paragraphs were reprinted in their entirety so that they could be discussed.

      3. Even at its highest, the British tax on the American colonies was both lower than it is today, and lower than it charged to those living in Britain at the time. The issue was not that we were taxed, but that we were taxed without having any say in how or where the money was spent. The following quote from the Declaration of Independence points out that fact. It is from a list of charges against the King as evidence that he had violated the colonists rights.

      For imposing Taxes on us without our Consent

      By definition, the government in a Democracy is chosen by the citizens, thus making it that any laws passed, including taxes, do so with the consent of the citizens. This is because the citizens, through the election process can change the laws.

      4. Well it sounds like you are facing a similar problem in Canada that we face here, and that is Apathy. The labels are lobbying in their own best interest, but the people are not doing the same. I feel for you. However, if most Canadians or Americans don't care enough to get involved, that doesn't give you and I carte blanche to ignore these new laws with impunity.

      5. I know of no moral framework that encourages the breaking of laws simply because they are inconvenient. If you have, then I have to ask you where it ends? Some religions (probably the most common source of moral frameworks) contain passages in their holy books that indicate beating your wife, mutilating your children, or killing certain people is morally acceptable. The laws of a nation such as Canada or the US are an agreed upon (by virtue of the political process) set of rules for common governance. Government completely breaks down if everyone can pick and choose which laws to obey and which not based on their own individual moral frameworks.

      The US, and AFAIK the Canadian government have mechanisms in place by which the citizenry can change unpopular laws. That is the correct path to addressing the problem, not a flippant "well, I'm just not going to obey that law because I don't like it".

      6. If your fellow Canadians (politicians especially) can't be bothered to keep American style laws at bay despite not wanting them, then they deserve what they get. Last I checked, American companies don't get a vote in Canadian elections, and don't get to vote on Canadian legislation. For the record, I don't approve of the duration of copyright in the US. Nor do I approve of many/most of the provisions in the DMCA or what little I know of the super-secret ACTA. I rail against them to any that will listen, and I try to support those few candidates that share my view on these issues. However, like most Americans this is not the most important issue to me, and therefore I find myself voting for the candidate that best fits my views and my priorities. But as I've stated before, my disgruntlement with the current laws does not entitle me to flout the law with impunity. Maybe if copyright reform were more important to me I could affect change, but while it is on my radar it is far below other concerns and until that changes for a lot of Americans the current Status Quo will continue to exist, and unless you can convince enough Canadians to make it a priority you'll be joining the club unfortunately.

      7. I never said

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    199. Re:It's not "trade" by Toze · · Score: 1

      as long as you cite it and you do it sparingly.

      If you're using it as a reference, yes- but if your study is on a single work, as the studies I mentioned were, then you have to quote extensively, hence the chilling effect on study. See also cryptographic research, DRM, and lawsuits to prevent publishing results.

      I know of no moral framework that encourages the breaking of laws simply because they are inconvenient.

      I like how you minimized the entirety of my concerns to "inconvenience." I'd explain more about why this isn't an issue of convenience, but see the following point.

      indicate beating your wife, mutilating your children, or killing certain people is morally acceptable.

      Right. Like killing Jews, women, and children. That's never been the laws of any government, elected or not, in history. No, I'm not trying to Godwin you, I'm just pointing out that if your argument against religion as a moral basis and- as it seems to be- for the state is that religions have done naughty things, you shoot your own argument down. Because everyone's been naughty. This is why I won't bother to address the point above- there are some very substantial religious concerns about copyright, but since you feel it's appropriate to trot out a tired Hitchens argument against religion, obviously harm to religion won't be a sufficient argument for you. While I greatly suspect the problems facing theologians are similar to ones facing artists, I only have understanding of the religious issues, so I can't offer you any other argument.

      Last I checked, American companies don't get a vote in Canadian elections, and don't get to vote on Canadian legislation.

      Right, and major defense contractors in the USA can't influence congressional spending bills.

      If you are going to continue under the erroneous belief that you can break the law with impunity simply because you don't approve of it,

      In what circumstance is "don't approve of it" insufficient? Jefferson seemed to object to some British problems, and he rebelled because of it. You minimize other people's motives for moral lawbreaking as trivial, and you seem to assert that their moral reasons can't possibly be valid, because you don't think they are. You haven't explained why cultural impoverishment is trivial. You haven't explained why your dragging religion in as a whipping boy is any more apropos than my mentioning the personhood of Time Warner. Why are your standards for what constitutes an unconscionably bad law better than mine, exactly?

      And to clarify, I mentioned Time Warner because it's an immortal, sociopathic, legal person. The implications of that for cultural heritage should be pretty obvious.

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    200. Re:It's not "trade" by mikael_j · · Score: 1

      Yeah, agreed. That Bach guy, such a hack. I coulda done that too. I just don't want to.

      Uh, what are you talking about? I pointed out that it was possible that I, like many others, simple didn't have the drive to create some kind of musical, artistic or $FOO masterpiece. Really, there are lots of people who are quite capable of understanding and appreciating art and culture without feeling the need to, oh, I just read the rest of your post as well and I think I see the problem. I think I may have poked a bit to hard at your musician's version of the self made man myth and you took offense to the notion that someone came before you, that you didn't single-handedly invent music, musical theory and the very concept of art. Terribly sorry about revealing that horrible truth to you.

      --
      Greylisting is to SMTP as NAT is to IPv4
    201. Re:It's not "trade" by easterberry · · Score: 1

      Yes, the library is a more free and open system than steam. Congratulations. You have shown a free government funded system allows more ease of access than a business model.

      And I have never heard of anyone losing their account for letting someone else play it so unless you can find that provision you're just being cynical for the sake of making your point.

    202. Re:It's not "trade" by Murasaki+Skies · · Score: 0

      I sell the photonic information my body and property reflects, but no one will pay me for it anymore now that there are more attractive sources of it from others!

      Damn thieves! What is this world coming to?!

      --
      Waiiii!!!!!! I have bad karma!
    203. Re:It's not "trade" by countertrolling · · Score: 1

      "speech": oral communication
      "press": printed communication
      "free": exempt from external authority

      The 1st amendment explicitly and precisely exempts all oral(audio) AND printed(visual) communication from external authority

      Since it is free, that means that THE AUTHOR, not you, is free to do whatever he likes with it, in any way he likes (so he can say only left handed people can read it, for example).

      Balderdash!

      --
      For justice, we must go to Don Corleone
    204. Re:It's not "trade" by silentcoder · · Score: 1

      Everything you say makes sense but you're still missing out on the fact that there IS some science. That there is a degree of philosophy in my thinking is true (but I beg to differ - it's not religious in the least, on the contrary - it's decidedly humanist) but that the things I stated here are based on verifiable scientific fact is not even worth arguing about.
      Every species has a basic urge to survive. Every member of every species a basic urge to procreate. The fewer offspring a species produces the stronger it's parental-care urges become - by whatever route - survival of the species is the most basic driving force instilled by evolution in every living thing.
      It has to be- because any living thing WITHOUT a drive to ensure it's own survival (this need not be a conscious process, an amoeba doesn't KNOW it's securing it's species' survival when it splits down the middle) doesn't survive.
      I did not however say we should be LIMITED to our basic evolutionary basis- the small clans you accurately describe. Lion males make a habit when taking over a female of killing any cubs sired by the previous male, to ensure more food for their own offspring.

      That's evolutionary drive to ensure your own genetics too. We can and should be MORE than our evolution, but we cannot deny it's existence. Evolution made us what we are, but (accidentally but that's not the point) it also gave us the ability to be more than our basic drives. We can codify our ideals into laws. We can invent lies like justice, honor, love, peace and beauty.

      Rip up the universe, grind it down to it's component atoms and find me just ONCE atom of justice. There isn't such a thing. But we have the power to make it up - and the power to reify it and, in an odd way, MAKE it exist. We didn't evolve so that we'd have this ability, but we evolved until we did anyway (by which I don't mean we're DONE evolving, I'm just describing the present state).

      Now we are ABLE to care, to love, to pursue peace (or war), to preserve life or destroy it, to create justice or injustice, beauty or terror.
      You're suggesting that nothing can let us choose our path here except unfounded belief systems, and that one is as good as another. Bullshit. We can study history, we can consider our basic drives, we can learn to acknowledge our shared humanity and we can make civilizing choices. There will be resistance from belief systems that are built on seperatism, but to declare that the volcano god's desire for a sacrifice is an equal belief to the one that says "there is a basic drive to survive in all living things -and therefore it's only to be expected that we as humans should try to survive as a species" is just plain stupid.

      The second one is based on observable, testable, verifiable science.
      The conclusion drawn FROM that source can be debated, but there MUST be a point where the few conclusions drawn from a scientific source gets more respect than those drawn from imaginary stories about why it rains.

      Either way -none of this changes or is even all that relevant to the point I tried to make. Sharing rituals are core to every child-raising pattern everywhere in the world. The belief in sharing is a fundamental drive - we demand and expect to see the wealthy (selfish and greedy as they are) do charity because we expect of them to share. We never stop thinking they are selfish and greedy when they do, but that illusion of sharing still somehow satisfies us even as they amass billions while so many of our kinsmen starve. It plays to our evolutionary drive to share resources (it's bad theater but it works). We borrow sugar from our neighbors and we set up carpools.
      We pool our time-and-labor to build factories and whole economies. Sometimes we cooperate to slaughter the people in the next valley. But humans want to cooperate, they want to share - with their friends, neighbors, families. As the communications technology of our age makes the gaps between people ever easier to traverse cultures merge ever more the size of our groupings get bigge

      --
      Unicode killed the ASCII-art *
    205. Re:It's not "trade" by Compaqt · · Score: 1

      Thanks for the neologism copymonopoly. It's exactly what it is, and people don't always keep that in mind: an artificial right, granted by government.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    206. Re:It's not "trade" by thejynxed · · Score: 1

      Interestingly enough, I think music would be the one realm where a solid 70-year copyright term (with NO allowable extensions) is acceptable. New compilations of the old Jazz and BeBop guys from the 1920's are being released and performed to this very day - quite a few by rather famous musicians. The stuff by The Beatles is fast approaching the 50 year release mark for some of the early material, and it still turns a vast profit, and with two of the authors still living, and the spouses of the other two still living, I would say it's very acceptable for copyright to still cover their materials.

      Books and movies - not so much. The material found in non-fiction materials is rapidly outdated (outside of certain solid historical texts), and fiction tends to be read, digested, and forgotten over a period of 30 years for the most part (Notable exceptions being authors like Tolkien, Kerouac, King, etc).

      As for movies, outside of a few classics like Casablanca, E.T., The Godfather, Jaws, Star Wars, etc, there hasn't been much material worth the current terms in copyright law. Not worth preserving in archival vaults either for that matter.

      Just because certain movie studios were stupid enough to spend +$100 million USD on a film, does not automatically make it worth extreme lengths of copyright. In fact, at this point, viewing all of the remakes that Hollywood is starting to churn out (this rehash period firmly took hold in the mid to late 90's), I'd totally blame the current status of copyright law on their inability to make new types of movies with new ideas - they've painted themselves into a corner where their only option left is rehashing movies they've already done.

      I think this is due to the fact that the stories they'd LOVE to use, they can't, because the authors of those stories have wizened up quite a bit in regards to the use and distribution of their works under the current law. The entertainment studios didn't fully realize what they'd created when they pushed the blacksmith of Congress to forge the sword that would also cut them so deeply. I am thinking more and more authors are refusing to turn over sole distribution rights, etc to the movie cartels - making it impossible for said cartels to get an iron grip on these author's stories for the next +150 years. This forces them to rehash the stuff they already own distribution rights on.

      Expect to see more and more remakes of ever more recent material.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    207. Re:It's not "trade" by White+Flame · · Score: 1

      Everything you say makes sense but you're still missing out on the fact that there IS some science.

      Yes, science can determine what has happened in the past, what current mechanisms are like, and what the future is tending towards. However, there is no science behind a _purpose_ that we _should be_ pursuing, because that requires setting up some measure by which we evaluate how "good" a certain direction is, which is the realm of belief.

      That there is a degree of philosophy in my thinking is true (but I beg to differ - it's not religious in the least, on the contrary - it's decidedly humanist) but that the things I stated here are based on verifiable scientific fact is not even worth arguing about.

      Stating the mechanisms of survival is fine. Stating that there are duties and expectations that are demanded of all of humanity is not. It's not scientific, it's not practical, and it is religious in the sense of subscribing to and upholding a pedestalized philosophy based on arbitrary axioms above all else. You've taken the step from seeing what humanity is (science, fact), to declaring the purpose it is "created" to achieve (application of arbitrary, subjective belief), and that it is "wrong" to deny that purpose.

      There will be resistance from belief systems that are built on seperatism, but to declare that the volcano god's desire for a sacrifice is an equal belief to the one that says "there is a basic drive to survive in all living things -and therefore it's only to be expected that we as humans should try to survive as a species" is just plain stupid.

      Why is separatism worse? You're making another axiomatic claim based on your personal beliefs about what "should be". And yes, you've made no case besides defaulting to your own humanism belief subscription as to why the "we should survive" is better than some "only the worthy/chosen/whatever survive" notion or any other view. Heck, a purely Darwinistic view of allowing the weak or unproductive to die in order to keep the gene pool clean has a lot of science behind it, too (as in, pretty much all of nature).

      The second one is based on observable, testable, verifiable science.

      No, it takes observable, testable, verifiable science, which makes no claim of what purpose humanity _should_ pursue. Then it's only when you start mixing in your arbitrarily selected beliefs that you have axioms by which to measure a notion of right/wrong and gauge how the science "should" be applied to yield results in line with your beliefs.

      Sharing rituals are core to every child-raising pattern everywhere in the world.

      Yes, it's what worked in small clans, and the fact that children still must be taught these notions (and how often the teaching is ignored by the children even through adulthood) is telling about nature vs nurture for that particular trait.

      The belief in sharing is a fundamental drive - we demand and expect to see the wealthy (selfish and greedy as they are) do charity because we expect of them to share. We never stop thinking they are selfish and greedy when they do, but that illusion of sharing still somehow satisfies us even as they amass billions while so many of our kinsmen starve. It plays to our evolutionary drive to share resources (it's bad theater but it works).

      Based on scientific history of how economies work, applied with arbitrary beliefs, what you've said above is nothing but pure, seething, destructive evil. How dare you seek to limit the greatness and potential of capable people by your own measure of failure! You wish to break the backs of those who bring motive force, in order to reward those who deny and waste their own abilities. Live your own life to its fullest, and take the success of others as encouragement, not as an artificial zero-sum game.

      And your above claim about "sharing" is 100% doublethink rationali

    208. Re:It's not "trade" by silentcoder · · Score: 1

      >You've taken the step from seeing what humanity is (science, fact), to declaring the purpose it is "created" to achieve (application of arbitrary, subjective belief), and that it is "wrong" to deny that purpose.

      I did nothing of the kind. Your inability to see past this perception, combined with your absolute cynicism makes you completely unable to appreciate anything I'm saying and makes further debate utterly pointless.
      I NEVER said that humanity was created with a purpose. I SAID that since we are ABLE to set goals, it would be a good idea if we DID set goals. I said that such goals have the best chance of succeeding if we look at science (including our evolutionary history) to determine the ones most readily achievable and stated a belief that much of human history consists of (often unknowingly) doing just that.
      Doing it knowingly means we can be rational and selective in how we do it however- and that HAS to work better.

      Until you can acknowledge the VAST difference between this and what you percieve me to be saying there is no point in answering anything else you said on the simple principle that you're debunking arguments I never made. Without understanding their context, it's impossible to understand their substance - and ergo, you're arguing against something other than what I said in your entire post.

      --
      Unicode killed the ASCII-art *
    209. Re:It's not "trade" by White+Flame · · Score: 1

      So your entire basis for determining the best direction humanity should take is what "has the best chance of succeeding"? Regardless of the state of the outcome, collectively take the path of least resistance?

    210. Re:It's not "trade" by Tristfardd · · Score: 1
      You wrote a nice response, thank you. I am an American, and you are right in that I could do more to get rid of copyright. I shall try to remember to do so.

      History does not show that the human race needs intellectual property such as patents and copyright. I say this in spite of having a small software company with its key asset being a software package. However it would be a long discussion with us starting so far apart.

      Thank you for responding,

      John

    211. Re:It's not "trade" by silentcoder · · Score: 1

      No, of course not - but it ought to ONE of the considerations surely ? And it's the only one that we CAN mathematically work out. We can only make predictions on the outcome with a limited amount of success, we can only make determinations on how good or bad such an outcome would be based on philosophy and believe systems (which are not the same things despite having overlaps). You made it quite clear that our ideas about what would constitute a good outcome is radically different, arguing the pros and cons of it is rather besides the point of the discussion I think (which is why I didn't) but I'm up for it if you insist.

      That will not be a purely scientific discussion though. We can use science to inform the philosophical discussion but science doesn't answer the questions we'll be asking, only provides facts we can use to strengthen possible answers. There is no formula for a good civilization and you cannot calculate "goodness"
      Indeed there are people around today, most of PETA, for one that genuinely believe that "good" is the unfettered survival of every OTHER species, even if the price is human extinction. Very few other humans would agree. You cannot determine which is better without asking "better for WHO exactly" - and that is the one question science doesn't ask or try to answer.

      Even if you agree on the who - you can still have a long debate about what is "good" for that who. This is ALWAYS a matter of believe. But we can at least identify an evolutionary trend that favors sharing of resources and declare it a basic human trait as it is among ALL social animals (and indeed in all social animals there are thieves too - the moment sharing shows up as a survival tactic, you set the stage for the evolution of cheating) but we sure as hell don't want to let the cheaters be in charge or resource allocation ! NO social animal is THAT stupid.

      --
      Unicode killed the ASCII-art *
    212. Re:It's not "trade" by mpeskett · · Score: 1

      Interestingly enough, I think music would be the one realm where a solid 70-year copyright term (with NO allowable extensions) is acceptable. New compilations of the old Jazz and BeBop guys from the 1920's are being released and performed to this very day - quite a few by rather famous musicians. The stuff by The Beatles is fast approaching the 50 year release mark for some of the early material, and it still turns a vast profit, and with two of the authors still living, and the spouses of the other two still living, I would say it's very acceptable for copyright to still cover their materials.

      Couldn't disagree more. If music is still relevant and popular enough to be profitable after 50 or 70 years then it's an important part of our culture and it's high time for it to go into the public domain.

      That's exactly my point about the trade we're making - we give away the right to (legally) copy, share and build on these works, despite them being cornerstones of our own culture. They're the modern equivalent of folk songs or tribal chants, but they're privately owned. It's a not-quite tangible cost to our society that these works remain in private hands, and that's only off-set by the gain from new creations that wouldn't exist if copyright terms were shorter. I contend that we're paying too high a price in terms of an impoverished public domain for too little benefit in the form of new creative work.

      Whether or not the original owner is still making money is entirely irrelevant; the purpose of giving up that right was to encourage new works, not guarantee the author of important works a paycheck forever. Taking The Beatles as an example, I would say they've been fairly well compensated for their creations. They don't need to continue making money on work they did 50 years ago, but they can so they will (I don't blame them for that, who wouldn't keeping making money if they could).

      That Hollywood is being bled dry of good ideas by the length of copyright is (ironically enough, given their role in the massive extension of copyright) another example of how copyright is costing us more than it's worth. Film-makers are a form of artist, but there's a vast wealth in our culture that's off limits to them when they try to make a film because its all under the lock and key of copyright. If it means they end up rehashing the same old shit, or they're forced to adapt inferior works, then it's indirectly a cost to us all, in that we end up watching dross instead of decent films.

      The counter-argument that springs to mind is that it's good that authors get to control their work, and prevent hack directors making crappy adaptations, but does a crappy adaptation diminish the original work in any way? And what of the good adaptations that we're missing out on because the authors don't trust Hollywood? I suppose you could argue that the author of an old work should still see a cut of the movie's profits, but that returns to my point about why anyone should continue to profit on work they did decades ago.

    213. Re:It's not "trade" by hobo+sapiens · · Score: 1

      "I, like many others, simple didn't have the TALENT to create some kind of musical, artistic or $FOO masterpiece"

      There. Fixed that for you. Loser.

      I can't believe I spent the time to type up that well-reasoned response to your clearly adversarial post. I had forgotten why online discussions are a waste of time; thanks for reminding me.

      --
      blah blah blah
    214. Re:It's not "trade" by crmarvin42 · · Score: 1

      I like how you minimized the entirety of my concerns to "inconvenience." I'd explain more about why this isn't an issue of convenience, but see the following point.

      Your concerns are valid, and many of them I share with you. However, your primary justification for willful copyright infringement seems to be that changing the law, or negotiating with copyright holders before hand is inconvenient and laborious.

      My argument was not against religion, but that moral frameworks are not an acceptable substitute for laws. Moral frameworks can condone things that are illegal for good reason, or vilify things for inadequate reasons that are legal. The world is getting smaller and multiculturalism is becoming more the rule than the exception. The only way to keep a society together is to choose laws together. Almost by definition, no law is going to be universally approved of. Therefore it is necessary that all citizens of the society obey all of the laws, not just those they approve of. Otherwise lawmaking is a complete waste of time, energy and resources.

      Right, and major defense contractors in the USA can't influence congressional spending bills.

      I never said they didn't. They often do, but if at the end of the day the bill is unpopular enough the politicians that supported it stand a good chance of losing their jobs to politicians who will better serve the interests of their voting constituents. It is not the fault of the lobbyists that a bill doesn't serve my interests. It's the fault of my representative for supporting the bill, and it's my fault for not convincing enough of my neighbors to vote down the representative that I'm displeased with.

      In what circumstance is "don't approve of it" insufficient?

      Well, my brother-in-law drug addict does not approve of any laws that make use of cocaine or marijuana illegal. He also does not approve of laws that make beating his girlfriend when he's high, or laws that say parole violations send you back to jail. Thankfully, his disapproval is not sufficient justification for breaking these laws. Obviously copyright infringement, especially the non-commercial form, does not rise to the level of violent crime, but laws are laws for a reason. Not necessarily because they are right, but because without them we have anarchy.

      Jefferson seemed to object to some British problems, and he rebelled because of it.

      Jefferson listed an entire host of reasons in the Declaration of Independence for why the King had betrayed the colonists. Never does Jefferson say that he can pick and choose which laws to obey. In essence states that the crown is not holding up it's end of the contract that a ruler has with his subjects. Therefore, the contract is null-and-void thus freeing the colonists to create their own government.

      You minimize other people's motives for moral lawbreaking as trivial, and you seem to assert that their moral reasons can't possibly be valid, because you don't think they are.

      No, I say that the moral argument is post-hoc rationalization. You don't like having to pay for something you feel should be in the public domain. You then use this vague idea of "Morally Acceptable" to cover the fact that you find the laws inconvenient and easy to break with little chance of being caught an punished. You then trot out Jefferson as some sort of justification. Jefferson was many things, but an anarchist he was not. He was the 3rd president of the US and I fail to see any evidence that he believed any laws written by a government elected by its citizens could be ignored simply because some of the citizens didn't approve of them, no matter how valid their rationale.

      You haven't explained why cultural impoverishment is trivial.

      I don't believe that it is. It is a large part of the reason why I'm in favor of copyright reform.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    215. Re:It's not "trade" by Hatta · · Score: 1

      Whether or not there are actual universal inalienable rights is irrelevant. We can either act like there are and maintain some level of human dignity. Or we can revert back to a pre-enlightenment mindset where all rights derive from the government. If we do that, it immediately follows that the government can never violate your rights since it defines them. Your choice.

      To me, this amounts to a proof by negation. Anyone can see that governments routinely do wrong. If the government defines what is right, how can they do wrong? Since governments do wrong, right and wrong must derive from somewhere other than the government. What other option is there? Either the inalienable rights to life, liberty, and the pursuit of happiness are self-evident, or it was OK for Germany to exterminate the Jews. After all, they had no right to life once the government decided otherwise.

      --
      Give me Classic Slashdot or give me death!
    216. Re:It's not "trade" by Toze · · Score: 1
      In general; fair enough and all right.

      However, your primary justification for willful copyright infringement seems to be that changing the law, or negotiating with copyright holders before hand is inconvenient and laborious.

      Nope. the justification is that, first, corporations are buying laws in Canada, as we type, that are against the clearly expressed will of the citizens. Political accountability has been a problem in Canada for decades, but this incident exposes a subverted process. It's not an issue of inconvenience. Secondly, the issue itself is fairly important; a jaywalking law wouldn't be a major problem, murder would be. This is somewhere in between, but it directly affects matters of conscience- in that expressions of conscience are illegal to distribute in certain circumstances.

      Almost by definition, no law is going to be universally approved of.

      While I agree with the statement as factual, you may not be aware of its political application in Canada. Many legislators believe in shaping public behaviour by implementing laws that are disapproved of by the majority, or that are split almost directly down the middle. A law against murder has broad public support, except from murderers. A law against cracking DRM regardless of the copyright status of the content has almost no public support. So, I hope you can see that, while I agree some laws could be unpopular with segments of the population, there's more concern- at least in Canada- with laws that are unpopular with everyone but are pushed by well-financed special interest groups.

      Therefore it is necessary that all citizens of the society obey all of the laws, not just those they approve of.

      Whereas I think it is a moral responsibility as well as a patriotic duty to disobey laws, not because one "disapproves" of them (which seems to be code for "has lousy reasons for disliking"), but which one clearly and carefully understands as harmful to the moral or political fabric of the nation. For instance, several provinces in Canada have passed legislation which makes prayer illegal within a certain distance from abortion clinics. Think what you want about religion, but banning prayer in any context is extremely dangerous for democracy. I have similar problems with federal and provincial government agencies who make it illegal to say certain words, and I have a towering rage regarding some laws that ban private individuals from selling the products of their labour (wheat, for pity's sake) to anyone but the government; there have been arrests of Canadians who attempted to sell grain on the open market.

      These kind of laws I consider so harmful to necessary liberty that I not only oppose them, but I seek to break them whenever possible.

      It is not the fault of the lobbyists that a bill doesn't serve my interests.

      Actually, I think it kind of is. A lot of lobbyists seek to harm the majority in order to acquire special treatment or resources. In those situations, it is their fault that the bill doesn't serve your interests, or the interests of the rest of the nation. It's politically irresponsible- but, as I've said, a corporation is an immortal sociopath, so it's not unexpected that they do such things. That doesn't mean I have to accept their actions, or the laws they buy.

      Not necessarily because they are right, but because without them we have anarchy.

      But that's only an argument for laws, not for good laws. Tyranny is as bad as anarchy.

      No, I say that the moral argument is post-hoc rationalization.

      Which is both uncharitable and incorrect. Perhaps you don't approach issues with a moral assumption, but others do. Accusing me of not liking to pay for things? Profoundly ignorant of you; I've never said or suggested that was my motivation for objecting to copyright laws. I'm not using a vague feel-goo

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    217. Re:It's not "trade" by crmarvin42 · · Score: 1

      Many legislators believe in shaping public behaviour by implementing laws that are disapproved of by the majority, or that are split almost directly down the middle.

      Sounds to me like your government is betraying the contract it has with its citizens. This kind of behavior contributed to the writing of the Declaration of Independence

      He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
      ...
      For cutting off our Trade with all parts of the world:
      For imposing Taxes on us without our Consent:
      ... For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
      For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
      ...

      I'm not trying to incite a revolution, just to point out some similarities.

      A law against cracking DRM regardless of the copyright status of the content has almost no public support.

      That is a case of the public being apathetic or placing the issue at a lower priority. Not much you can do about that. That is one thing that is frustrating about a democracy, that you can't MAKE everyone care about the same issues or to the same extent that you do. It's unfortunate, but doesn't change the legal situation.

      These kind of laws I consider so harmful to necessary liberty that I not only oppose them, but I seek to break them whenever possible.

      I agree with your view of the obvious danger that these laws pose. However, in a society certain rights are given up in exchange for the protections that the society provides. Liberty is not absolute, and just because you don't like where the line was drawn on a particular issue is not in-and-of-itself justification for disregarding that line.

      In those situations, it is their fault that the bill doesn't serve your interests, or the interests of the rest of the nation.

      You can make a case for this argument. However, it is not the lobbyists job to serve the public good, that is the job of the politicians who ultimately vote on the bill. I'm not saying that the lobbyist doesn't play an important role, but that the elected official is supposed to be the goalkeeper. They are the one who's whole job is supposed to consist of protecting and serving the public good. When bad laws get passed, and you get mad at the lobbyists, you make it too easy for the politician to betray you again because you are venting your anger on the wrong person.

      But that's only an argument for laws, not for good laws. Tyranny is as bad as anarchy.

      Good point, but are you trying to imply that the Canadian or US governments are Tyrannical because they have some bad laws? I've always thought of tyranny as something that is systemic by its very nature. Failed execution in the legislative process is not tyranny, even though it is still a failure with important consequences.

      I have never defended piracy itself as a moral good

      It sure looks like you did to me: "These kind of laws I consider so harmful to necessary liberty that I not only oppose them, but I seek to break them whenever possible."

      Which, I must point out, restricts you from disobeying, e.g., a democratic law enforcing subscription to Catholic dogma.

      No it doesn't. If your government has started passing laws enforcing one religion where previously it did not, then it is betraying it's contract. It is up to the citizenry to decide just how much of a breach of contract they are willing to accept before

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    218. Re:It's not "trade" by Toze · · Score: 1
      I found much of your political argument quite good, and I agree with much of what you say- on points I don't address you may assume I agree with you.

      Sounds to me like your government is betraying the contract it has with its citizens.

      Not quite. It would be, in America, where e.g. the right to property is part of that contract, or where the electoral college provides political weight to resource-rich, population-poor areas to prevent them from being looted. Canada has neither of those.

      A law against cracking DRM regardless of the copyright status of the content has almost no public support.

      That is a case of the public being apathetic or placing the issue at a lower priority.

      Ah, I didn't make this clear; the public made their feelings quite clear. The federal government had a public consultation, where private citizens could offer their opinion on copyright law. That public consultation was clearly and firmly against DRM. It's not a question of apathy, in this case.

      Good point, but are you trying to imply that the Canadian or US governments are Tyrannical because they have some bad laws?

      No, just that I didn't feel the argument really supported obeying bad laws. I see value in obeying bad laws, or ridiculous ones; I don't think a revolution is necessary for jaywalking or stupid taxes. On the other hand, too many bad laws accumulate into tyranny; I don't think nations snap, I think they slouch.

      It sure looks like you did to me: "These kind of laws I consider so harmful to necessary liberty that I not only oppose them, but I seek to break them whenever possible."

      Well, this is like the jaywalking example. It's not a law I'd break for convenience (to cross the street faster/to get mp3s without paying), but it is one I'd break for moral reasons (to save a life/to ensure the continuation of an important idea). I'm not advocating piracy as an end in itself, any more than I'd suggest people ought to shoot each other to solve problems. It's just one option that can be pursued with moral clarity, given the correct circumstances.

      No it doesn't. If your government has started passing laws enforcing one religion where previously it did not, then it is betraying it's contract.

      Only if that contract included freedom of religion. Many of the early American colonies, for example, had some astonishingly draconian religious laws- ones democratically discussed and established. Those laws, while entirely democratic, were also profoundly unpleasant. The state can't be the arbiter of moral action. The early colonies are a fantastic example, by the way, of why I support separation of church and state, and why I refuse to consider the state a valid arbiter of behaviour. It was (democratially) legal- in fact, required- to mutilate Quaker missionaries at one point.

      It appears to me as though you are fed up with the Canadian government not upholding it's end of your contract as you understand it.

      Oh, if only. No, I'm afraid they're keeping with the contract made, as I understand it. My problem is with the contract itself. Not all of us have a revolutionary history, and many governments democratic in name become undemocratic in practice.

      That is your decision to make, but you will still face the consequences of your actions if caught willfully breaking laws that the majority of the citizenry find inconvenient, but not amoral.

      Absolutely correct; while I don't have a martyr complex, I am perfectly willing to face legal punishment for committing acts I see as morally necessary. Selling grain isn't the noblest-sounding activity, but if I was a grain farmer you can bet I'd be driving down to the border every fall to get arrested. Ballot, soap, jury, ammo; use these boxes in order.

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    219. Re:It's not "trade" by morcego · · Score: 1

      You are making a very wrong reverse inference there.

      Just because speech is oral communication, doesn't mean that all oral communication is a speech. Same thing for press.

      If you read the first amendment carefully, you will see that "free speech" doesn't mean that people can do whatever they want with what other people created. It says that people shall not be refrained from speaking their mind. And even that is limited. Try calling a judge a "son of a bitch" inside a courtroom and see what happens to you. Do you think you free speech right will keep you out of jail from contempt ?

      Several people (myself included) accuses RIAA and other of distorting the laws, trying to make them mean something they do not, specially by taking specific statements out of context. To be able to accuse them of that, however, I must first make sure I'm not doing the same thing. You should do the same. Saying that the first amendment right of free speech means that you can freely copy other people's creations is a distortion at least a gross as what RIAA does.

      --
      morcego
    220. Re:It's not "trade" by mattack2 · · Score: 1

      Actually, what is the DRM in Mac OS? It is copyrighted, of course, but where is the DRM limiting your use? (Note, of course there are contractual obligations..)

      Rip your own CDs..

      Buy eBooks from other than "most" companies, or buy paper books, or don't read...?

      Just because you don't like the choices that have DRM on them, don't mean that you should be able to violate it.

    221. Re:It's not "trade" by mattack2 · · Score: 1

      Car locks are an enhancement - they prevent other people stealing the car, and certainly it's not as convenient for you as being able to own a car that has no locks so you don't have to remember your key, but most people are happy to accept the trade off, it's not crippled, just inconvenient. DRM-encumbered items, on the other hand, provide zero benefit to the owner, it's all negatives - increased cost

      That's funny, because arguably the DRM is also "prevent(ing) other people (from) stealing the (media)", which in theory lowers the price, because the vendor could sell it for a lower price, making it up on volume. Just like the car locks could make your comprehensive insurance lower, since the insurance company would have to pay for fewer replacement cars (presuming the car locks actually did prevent others from stealing the cars).

      I'm not saying I necessarily agree with all of this, I just think your exact argument can be used in the opposite way as you intended.

    222. Re:It's not "trade" by Kitkoan · · Score: 1

      Try installing the Mac OS on non-Apple hardware. Thats the DRM, your limited from installing it to only what is pre-approved. Contractual obligations or not, limitations forced on by the maker is still DRM regardless of what was said on the paper. Kinda like how your drivers licenses says you can't do 'X' but your still physically able to regardless.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    223. Re:It's not "trade" by IndustrialComplex · · Score: 1

      Yes, the library is a more free and open system than steam. Congratulations. You have shown a free government funded system allows more ease of access than a business model.

      Irrelevant to the point. Neither the library nor Steam are required to do what Steam is doing. Private libraries are able to do so as well.


      And I have never heard of anyone losing their account for letting someone else play it so unless you can find that provision you're just being cynical for the sake of making your point.

      Yeah just being cynical. These sorts of statements are practically boilerplate for accounts these days. But since you asked:
      From section freaking ONE of the Steam user agreement:

      You may not reveal, share or otherwise allow others to use your password or Account. ...
      Valve has the right to terminate or cancel your Account or a particular Subscription at any time. ...

      So there it is, black and white, from Valve's own website. You are NOT allowed to let someone else access your account, and Valve may terminate your account at any time for whatever reason it so decides.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    224. Re:It's not "trade" by mikael_j · · Score: 1

      You started your post by replying to "Where did I say that I want to create a great work?" with "Yeah, agreed. That Bach guy, such a hack. I coulda done that too. I just don't want to.", I'd say you're the one who's being "adversarial"...

      --
      Greylisting is to SMTP as NAT is to IPv4
    225. Re:It's not "trade" by Anonymous Coward · · Score: 0

      I don't know where you are from, but 'round here teachers don't work for free.

      Irrelevant. Teachers are not selling their recreation or reorganization of knowledge so much as they are selling the "performance" of it.

    226. Re:It's not "trade" by Tubal-Cain · · Score: 1

      I'd disagree with that. First, the right to socialized systems like military protection and even civil systems like due process definitely requires the assistance of another.

      No. You have a right to do whatever you are capable of, to the extent that you can enforce your will on the world. Unfortunately, the same is true of everyone else, and many of those people can and will enforce their rights in ways that will violate yours. Since you can't do much on your own to prevent this, you choose to give up some of your more antisocial rights (everything the law prevents you from doing, like theft) in exchange for society helping you enforce some of your other rights (the right to keep what you'e acquired honestly). Military protection and civil systems are some of the things you get for the rights you've sacrificed.

    227. Re:It's not "trade" by White+Flame · · Score: 1

      But we can at least identify an evolutionary trend that favors sharing of resources and declare it a basic human trait as it is among ALL social animals

      That in particular was the point I was debating against. I don't think it's a scientifically valid conclusion to state that humans have an innate drive to share, and all your presented support for it can already be explained by more established behavioral observations.

      Now, the one facet of primary drivers that might be closest to what you're looking for is that people have varying degrees of feeling a nurturing/parental/leadership responsibility for their peer group. Most of the time this manifests in a successful leader convincing/forcing _others_ to "play well" to the best advantage of the group from the leader's perspective. This also has some similarities to much of the anti-rich mentalities, where a person is detached from those called to make a sacrifice, but will still reap the reward.

      But to say that the average individual is primally and innately driven to share "in general" with the world at large goes against all of human history and present, from my vantage point. Leadership constantly has to battle and pull hen's teeth in order to get people to "play by the rules" and "do their part", whether it be a family or a country. The concept of "fair" doesn't exist anywhere in nature or in our hardwiring.

      I'm not a behavioral scientist, but I am confident from my reading that people seek advantage for themselves and, secondarily, for the tight circle of those they feel intimate with.

      Important question: How does your conclusion mesh with the Stanford prison experiment? The subjects underwent psychological evaluation and they selected average, mentally/socially healthy modern people.

      but we sure as hell don't want to let the cheaters be in charge or resource allocation ! NO social animal is THAT stupid.

      Whoever can and will take charge, does so. This is especially true in the context of pure Darwinian processes, but also in legal/government structures.

    228. Re:It's not "trade" by silentcoder · · Score: 1

      You speak from a very American point of view. Human minds evolve much faster than our genetics do - and lets just say most cultures are a LOT less selfish than yours. I've lived in cultures where people will, as a matter of course, when they learn that the new foreigner at the office lives alone (so he's not from the tight circle, and they don't even know him well) go and prepare an extra helping at dinner to bring for him tomorrow - just to be sure he has a healthy well-balanced meal (the sort that lone-livers often don't get).
      Not a person in the culture - MOST of them.

      Your culture actively suppresses the sharing instinct, other cultures in the past have done the same, that doesn't mean it isn't there - and that it doesn't explain it's prevalence in other cultures.

      I know plenty of countries where "doing your part" requires no campaigning, many people who never complain about paying their taxes (but they sure DO complain if they don't get the services for it that they ought to) because paying your taxes is seen as your moral obligation to your fellow man.

      I know cultures where they very idea that money should ever be a question when it comes to healthcare or food appalls people. I have lived in over 40 countries, never for less than 3 months, and never as a tourist- lived and worked among and with the regular people of those countries. In the vast majority - that has been my experience. Not only of how *I* was treated, but of how they treated one another.

      Of course they have a selfish side, of course there is an urge to protect me-and-mine first. But me-and-mine CAN become an ever-widening circle. I have come to believe it includes for myself the entire human race. I also believe it an unavoidable consequence of the communications revolution that this will become the average belief among all people.
      Most social scientists are in agreement that the internet's unavoidable consequence is the creation of a single human global superculture. And that MUST lead to exactly this.

      The country I visited, where I felt the greatest hope for my species was Brazil. Do you know WHAT about Brazil gave me such hope ? I saw thousands of young couples, as you do everywhere, but in Brazil, I think a total of 5 of them were of the same race. Mixed-race couples are the NORM.

      What does that mean ? It means within a few generations - no more races, just one race with the best genetic advantages from everybody. If ever there was proof of just how ridiculous the very IDEA of races is, a simple walk down the streets of Sao Paulo or San Francisco Xavier (big city and small rural village respectively) or Fortaleza (beach town) provides it in such abundance as to leave no room for argument.

      >Whoever can and will take charge, does so. This is especially true in the context of pure Darwinian processes, but also in legal/government structures.

      Yes, this is why we invented democracy. So we can have some say about who gets to be in charge. But my point wasn't about that. My point was that when we decide how resources should be distributed, we should not listen to those who genuinely believe the system should be designed to give all the resources to themselves. That is not a smart type of resource allocation.
      Another aspect here is that you accuse me of hating rich-people. I do not, but I do not agree with them either. I think it's morally impossible to be both a good person AND a rich one in the world we live in. That's not hatred, it's simply a summary of the state of the world. You CANNOT be rich unless you exploited people to become so. So I don't RESPECT rich people - that's a far cry from hating them.
      I also don't believe we should give them any say whatsoever in how the world is run (making lobbying and campaign donations the most undemocratic idea in history) because they are ipso-facto the worst possible people to give that say to. They are the kind of people who don't feel compassion and believe it's okay to enrich yourself at the expense of others. When we let them have politic

      --
      Unicode killed the ASCII-art *
    229. Re:It's not "trade" by White+Flame · · Score: 1

      If different cultures differ greatly on this matter, why do you believe it is not a cultural feature? Occam's razor vs a innate trait that is repressed depending on whatever.

      You CANNOT be rich unless you exploited people to become so.

      You do not understand how wealth works. I perform a great service that people are happy to pay me for. I invent something, pay good money for its manufacture & sale, people love it, and it sells millions. Who have I exploited? Business is the creation of wealth, not the reluctant sequestration of somebody else's money. It's turning skills, time, and raw materials into more valuable goods and services, ie a delta-positive change in the total sum of wealth in society. Good trades have both parties benefiting from the transaction; the customer got their money's worth for something they wanted/needed, and the business has another successful sale.

      I also don't believe we should give them any say whatsoever in how the world is run (making lobbying and campaign donations the most undemocratic idea in history) because they are ipso-facto the worst possible people to give that say to.

      They are the ones who know how to create wealth from nothing but their own skills and sweat, bring motive force to society at large, and have true leadership capabilities, or else they wouldn't be able to get where they are. They are the SOLE reason EVERYBODY else can have jobs, PERIOD. Of course, there are some bad apples that get all the press, but most millionaire+ level people out there are hard-working folksy blue-collar types who have grown their own business. I'm sure that number is far less where people are not free to be entrepreneurs, or are artificially restricted in growth, but that majority is the western norm.

      They are the kind of people who don't feel compassion and believe it's okay to enrich yourself at the expense of others.

      Okay, now you're just being blindly and ignorantly prejudiced against the wealthy. I don't believe you've ever interacted with anybody in that situation; you're just going from bad stereotypes you've heard on TV. Educate yourself; you sound like a little kid when you say things like that. I'm sure these numbers only come from the true sharing poor people, not anybody rich who would ever dare parting with their precious blood money.

      I have a question for you. How do you define "society" ?
      I define it as: a construct of individuals sharing resources for collective benefit.

      Well, "society" with no qualifiers can also suck, go on for generations being self-destructive, crumble into chaos, etc etc. "Society" is just a unit of people who consistently interact with each other in life. But I'd center a *well-functioning* human society's definition around mutually beneficial acts. It has little to do with resources, but more with trade of time, allowances, trust, and also goods & services. When those things are protected by the powers that be (either strong cultural norms, or legal systems), people feel free to explore and pioneer options in life freely and safely. If and when things go bad, people should be free to leave/change/not participate, instead of being forced to share in a corrupt or broken system, or even a system they disagree with.

      So if sharing resources is by definition a crucial aspect of WHY individuals form a society in the first place - then how can you justify rules within that society that prevents this from happening ?

      I've said that sharing is a cultural side-effect of balancing more basic drives in particular situations. All the societal behaviors you describe can be (and have been) more easily explained from basic primal "selfish" traits that yield societal benefit.

      Again: How do you reconcile the Stanford prison experiment with your conclusion?

    230. Re:It's not "trade" by silentcoder · · Score: 1

      >If different cultures differ greatly on this matter, why do you believe it is not a cultural
      feature? Occam's razor vs a innate trait that is repressed depending on whatever.

      Because they don't - the few cultures that deviate from the norm are an incredibly rare exception. That suggests an externality veering them from the course that is normally taken. I would call your corporate controlled media a major externality.

      >You do not understand how wealth works. I perform a great service that people are happy to pay me for. I invent something, pay good money for its manufacture & sale, people love it, and it sells millions. Who have I exploited? Business is the creation of wealth, not the reluctant sequestration of somebody else's money. It's turning skills, time, and raw materials into more valuable goods and services, ie a delta-positive change in the total sum of wealth in society. Good trades have both parties benefiting from the transaction; the customer got their money's worth for something they wanted/needed, and the business has another successful sale.

      Really ?How absolutely stupidly naive can you be ? This was true in Henry Ford's day. It sure as hell isn't true today. Most wealthy people don't even WORK for the companies they make their money from. In fact in "rich dad poor dad" the author states that a business you own CANNOT BE CALLED AN ASSET UNLESS YOU DO NOT DO ANY OF THE LABOUR OR MANAGEMENT YOURSELF.

      >Okay, now you're just being blindly and ignorantly prejudiced against the wealthy. I don't believe you've ever interacted with anybody in that situation; you're just going from bad stereotypes you've heard on TV. Educate yourself; you sound like a little kid when you say things like that. I'm sure these numbers only come from the true sharing poor people, not anybody rich who would ever dare parting with their precious blood money.

      Go read up J. Arthur W. Brown. That's my cousin. I grew up with the guy. I probably know the truly wealthy and their real nature better than you. There are still hardworking millionaires in the world, there's no such thing as an honest billionaire. It's impossible. You cannot honestly compete against dishonest competitors.
      The moment it became possible to make more money corruptly than honestly, the chances for a good man to become truly rich became nill. More-over, most businesses nowadays are corporations - run by CEO's - in the vast majority of cases those CEO's had NOTHING to do with the founding of the company. They are hired later - to make the shareholders more money. By law the company's board CANNOT consider ANY other goals BUT shareholder profit. They HAVE to do bottom-line thinking, cut jobs if they can get away with it. When nothing BUT profit is ALLOWED to matter, how can you be a good citizen ?
      There was always the odd lunatic who would poison the well and kill 20 people. It takes a corporation to poison the groundwater and kill thousands over decades. And it just happens over and over and over. Several studies have repeatedly found that if a corporation was a person, corporate behaviour would be textbook psychosis - don't you know this ?
      And the CEO's who sit on top ? How many of them are truly good people ? There is the odd one out, who discovers the harm they do, actually care, and then makes it a major corporate goal to reverse that. They are one in a billion - they refer to themselves and other CEO's as the "conscienceless plunderers".
      I respect THOSE CEO's.

      >Well, "society" with no qualifiers can also suck, go on for generations being self-destructive, crumble into chaos, etc etc. "Society" is just a unit of people who consistently interact with each other in life. But I'd center a *well-functioning* human society's definition around mutually beneficial acts. It has little to do with resources, but more with trade of time, allowances, trust, and also goods & services. When those things are protected by the powers that be (either strong cultural norms, or legal systems), people feel free t

      --
      Unicode killed the ASCII-art *
    231. Re:It's not "trade" by wazza · · Score: 1

      He has a right to be a dick, but that doesn't mean increased commercial success.

      To me, this is the point. He has a right to be a dick. It's music he has written, and under the law he has control over who copies it. He is trying to stop people - by asking, not DRMing - from copying his work, without his permission, which is what he has, under the law.

      His personal justifications or thought processes -

      but that doesn't mean increased commercial success.

      - are his own, too, and your belief in the correctness, legitimacy, or defensibility of those personal justifications has no affect on his right to control, under the law, how his music is copied.

      I agree with the composer entirely in this case. If this young girl doesn't want to follow the rules, set by the composer as is his right under the law, then she can go and write the music she wants to perform herself. What's stopping her? Just that immature attitude toward the law that she has?

      [And if she doesn't like the law, then she can do something about that too - study law, and work to have the laws changed. Welcome to what's called "civilization", with all its processes and structures... it's the main reason you exist today. Without it the world population wouldn't be what it is, and you wouldn't have been born, by a massive likelihood.]

    232. Re:It's not "trade" by blackest_k · · Score: 1

      We are semi agreeing here I think, yes he does have a right to be a dick under current copyright law.

      However the girl doesn't have to write her own music just choose music which is availably legal because it is out of copyright, creatively commons licensed or similar, or just whose copyright owner chooses to allow non commercial use and being reasonable an audition isn't really commercial use even if it gets the singer a gig.
      She can write her own if she wishes of course.

      Secondly the composer views out of print but not out of copyright music as a gray area. So his belief is that we should respect his copyrights under the law but not other composers work. I wonder how he views his own out of print work. Welcome to civilization where in reality people obey the laws that suit them.

      Maybe a classic example is prohibition, a law was put in place it was largely ignored and it was repealed. Not even mentioning the laws companies and governments break when it suits.

      Millions if not billions of people infringe on copyrights which is demonstrating a lack of respect for copyright and if the people will not respect copyright as it stands, then it requires reform.

      Just because the law says so doesn't mean it will be obeyed or even enforced. I live in Ireland and it works that way. Interestingly Irish Law seems to allow for restitution I have seen a number of cases where the defendant will bring money into the court for the victim of their own accord, ( appears the judge doesn't order this payment). Usually this results in a minimal or suspended sentence.

      http://www.americaslibrary.gov/jb/modern/jb_modern_parks_1.html Rosa Parks broke the law when she sat down in a bus but the law wasn't just and caused a change in the law to be made. Recent copyright cases in the US have had damages awarded slashed. Civil disobedience is one method to apply pressure to get laws changed.

      For a final thought the composer was willing to use and publish the girls correspondence with him which under the law is copyright to her without any payment. He could easily have given her a copy of the music she wanted. Actually she probably had it already under the circumstances she just wanted his permission to use it.
        That would have been a fair trade, she probably spent a good deal of time writing to him. Her words obviously have some value he published them and his selling price $3.99 .

         

  2. Glynn Moody commented on this days ago by Anonymous Coward · · Score: 1, Informative

    An (Analogue) Artist's Reply to Just Criticism . Glynn Moody commented on this days ago

    1. Re:Glynn Moody commented on this days ago by Anonymous Coward · · Score: 2, Funny

      Did you think no one would know that you're shilling your own blog, Glynn?

    2. Re:Glynn Moody commented on this days ago by smpoole7 · · Score: 4, Insightful

      For those who don't want to click the link to Glynn Moody's reply, the gist of it is this: the young girl in question argues that:

      1. Yes, she downloads the sheet music (illegally).

      2. But she then performs the song, exposing it to a lot of other people.

      3. These other people then go out and buy the albums, or other sheet music by Mr. Brown, or buy tickets to Mr. Brown's shows.

      Therefore, the argument is made that Mr. Brown should just ignore the trading/sharing (whatever you want to call it), because he comes out ahead in the long run. "Spot on," says Ms. Moody.

      What she misses is that Mr. Brown owns the copyright, and it is HIS CHOICE whether to permit it or not. If he chooses to miss these sales, then maybe he's worse off for it, but that's his decision.

      Copyright is copyright. The *reason* why the GPL has standing in court is because someone has copyrighted that code, and chooses to permit usage and distribution under the GPL. Copyright is copyright, and if I choose to distribute under some free and unencumbered license, or if I choose to make it so restrictive that only one copy will ever be sold at auction to the highest bidder, it's MY choice as the copyright holder.

      One cannot consistently argue for one, but not the other. (And I say that as a full-fledged supporter of open standards, open software, and the elimination of so-called software "patents.")

      --
      Cogito, igitur comedam pizza.
    3. Re:Glynn Moody commented on this days ago by mentil · · Score: 2, Insightful

      Mr. Brown owns the copyright, and it is HIS CHOICE whether to permit it or not. If he chooses to miss these sales, then maybe he's worse off for it, but that's his decision.

      Copyright law exists for the advancement of society, not for the arbitrary whims of creators. His desires are moot compared to the overall effect on society.

      --
      Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    4. Re:Glynn Moody commented on this days ago by joebagodonuts · · Score: 3, Interesting

      Creators are a part of said society.

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    5. Re:Glynn Moody commented on this days ago by Dmala · · Score: 1

      Copyright law exists for the advancement of society, not for the arbitrary whims of creators. His desires are moot compared to the overall effect on society.

      Correct, and the way copyright law advances society is by giving creators the exclusive right to exploit their work for a limited period of time, thereby creating incentive for creators to produce said work. So his desires are in fact the whole point.

    6. Re:Glynn Moody commented on this days ago by jedidiah · · Score: 1

      His desire for a pay day isn't the point.

      It is only a means to an end. It's justification only exists so long as it's needed to encourage creativity.

      The author has no ownership and no rights.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Glynn Moody commented on this days ago by smpoole7 · · Score: 1

      > The author has no ownership and no rights.

      Fine. When Linksys put that GPL'd code into their router without releasing the modified source, who had standing to sue? On what basis? And why even bother suing, if the author "has no ownership and no rights?"

      --
      Cogito, igitur comedam pizza.
    8. Re:Glynn Moody commented on this days ago by glavenoid · · Score: 0, Flamebait

      Thank you.

      The rest of the dipshits here have their head too far up their asses to use any form of logic, which, if they had, they would have come to the same conclusion that you just did.

      Fuck this idiotic slashdot 2.0 shit.

      --
      I, for one, am looking forward to the inevitable /. beta rollout fallout.
    9. Re:Glynn Moody commented on this days ago by Anonymous Coward · · Score: 0

      Fuck this idiotic slashdot 2.0 shit.

      2.0?!? What makes you think that WASN'T how Slashdotters thought back before the Javascripty comment system?

    10. Re:Glynn Moody commented on this days ago by Anonymous Coward · · Score: 0

      The composers depend upon the use of public media to expose their works to customers. This advertising shoulders aside more valuable information that could have been broadcast on those media, which imposes lost economic consequences on those deprived of the more worthwhile content. Like fast food replaces nutritious food, except that the customer is not allowed the choice of media content as all media are controlled by the content providers (advertisers). Seems the customers have a multi-trillion dollar class action complaint waiting for ambitious lawyers and a few deep pockets.

    11. Re:Glynn Moody commented on this days ago by internic · · Score: 1

      What she misses is that Mr. Brown owns the copyright, and it is HIS CHOICE whether to permit it or not. If he chooses to miss these sales, then maybe he's worse off for it, but that's his decision.

      I think whether that's relevant depends on what you're arguing. There are basically three arguments to be had here: 1) Is the sharing legal? 2) Is the sharing moral? 3) Does the sharing materially (i.e., financially) harm the creator? Your point is clearly relevant to 1 and irrelevant to 3. Whether it's relevant to 2 (apart from the question of legality) is up for debate. I would assume that Moody is arguing question 2 and takes the position that it is not relevant.

      Copyright is copyright. The *reason* why the GPL has standing in court is because someone has copyrighted that code, and chooses to permit usage and distribution under the GPL. Copyright is copyright, and if I choose to distribute under some free and unencumbered license, or if I choose to make it so restrictive that only one copy will ever be sold at auction to the highest bidder, it's MY choice as the copyright holder.

      While the latter would certainly be technically legal, it may arguably be a violation of the implicit social contract underlying copyright, whose ultimate goal is the greater availability of creative works.

      One cannot consistently argue for one, but not the other.

      I think one probably can. Besides the rationale mentioned above, it's also important to realize that just because the GPL uses copyright it doesn't imply that all those who use the GPL believe in copyright. Certainly, some who use the GPL to believe in copyright and see this as just one of many valid ways of distributing creative works (software, in this case). In this view it is a method that may be appropriate to some sorts of projects and not others. There are other people who use the GPL who see copyright as totally invalid and view copyleft as a clever way to turn copyright against itself, as a sort of exploit. I may well be mistaken, but I actually thought RMS falls into the latter camp. In any case, it's probably good to keep in mind that such a diversity of opinion exists and that the second group can quite consistently license stuff under the GPL while opposing copyright entirely.

      --
      "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
    12. Re:Glynn Moody commented on this days ago by ksandom · · Score: 1

      I'm really pleased he posted that blog post. It does beautifully sum up the two sides and the frustrations of each. It's very hard to argue with someone who believes that something is their right.

      --
      Funnyhacks - Wierd, unusual, and fun hacks
    13. Re:Glynn Moody commented on this days ago by PrecambrianRabbit · · Score: 1

      The author has no ownership and no rights.

      Ouch. Just ouch. Doesn't that attitude seem downright nasty to you? "Thanks, artists, for that moving poetry, those thought-provoking novels, and that beautiful music, but, you see, you have no rights to any of it, so I'll just take them, and not pay you a dime."

      Do you really believe that's the way things should be?

    14. Re:Glynn Moody commented on this days ago by TOGSolid · · Score: 4, Insightful

      And it's also an assumption that it'll result in increased sales, just like it's an assumption that piracy is a lost sale. For all you know everyone that heard that performance would just go home and fire up bit torrent to yoink this guy's stuff. The whole argument is pointless because both sides are just endlessly talking out of their asses about hypothetical situations.

      Does the media industry in general need to change? Yep. But I'm getting kind of tired of pirates that get on their high horse as if they were protesting the god damn Vietnam war.

      And it's what, 4 bucks for that sheet music? She couldn't compromise with him, scrounge up some couch change and mail it to him? It's not going to kill you all to actually pay for some of the stuff out there.

    15. Re:Glynn Moody commented on this days ago by glavenoid · · Score: 0

      For one, I wouldn't have been downmodded as ":-1, Flamebait". Overrated perhaps. For two, slashdot itself is broken -- The editors are just "dialing it in" anymore. Probably literally, as in they just wake up and click a few radio-buttons on the "new story" queue from their iPhones or Android phones or whatever. And fuck them because I'm just about done with this whole site. The commentary is going to shit and the moderation and meta-moderation that used to make this site worthwhile no longer seem to do anything worthwhile.

      I've been a regular reader since early 2000, though I didn't get my username until early 2002 or thereabouts, and I can honestly say that the last 2 years have been very hard on slashdot. The trolls and skivs have finally taken over.

      They won.

      --
      I, for one, am looking forward to the inevitable /. beta rollout fallout.
    16. Re:Glynn Moody commented on this days ago by X.25 · · Score: 1

      If you can not explain your point in few words (or one sentence), don't even bother trying to explain.

    17. Re:Glynn Moody commented on this days ago by Anonymous Coward · · Score: 0

      What makes them more important than the thousands of people that can reproduce said works?

    18. Re:Glynn Moody commented on this days ago by khallow · · Score: 1

      What she misses is that Mr. Brown owns the copyright, and it is HIS CHOICE whether to permit it or not. If he chooses to miss these sales, then maybe he's worse off for it, but that's his decision.

      It's not Mr. Brown's choice whether people illegally copy his music or not. If government can't enforce the law (they don't currently, delegating that to the copyright holder BTW) and he can't make a living under those circumstances, then he needs to rethink his career. My view is that stealing is bad, but restructuring society to fit your business model is worse.

    19. Re:Glynn Moody commented on this days ago by mdwh2 · · Score: 1

      I'm not sure she's missing any point. She's arguing her point of view on the issue, just as many do here on Slashdot. And she makes some very insightful points, I might add, whilst the author just carries on the same old tune of trying to force a teenager to pay him money just because she's learning to sing.

      He started out the experiment by asking nicely, and many responded (even though he hadn't followed the legal process of the DMCA) - but, even though he may have the law on his side, perhaps he could show some tolerance in return?

      For the record - yes, if a teenager wanted to look at code I'd written and owned the copyright to so he or she could learn to program, I'd be quite happy for that.

    20. Re:Glynn Moody commented on this days ago by delinear · · Score: 1

      Nobody's saying creators don't have a say, either. In fact, there are plenty of creators who firmly believe in the shortening or complete abolition of copyright, just as there are people who've never created a thing but still believe that copyright is right. In the end, the only way to decide this is by following the will of the majority of the people - and increasingly it looks like that majority are in favour of sharing (maybe this is the record labels shooting themselves in the foot by publicising this so much that it just feels that almost everyone's doing it, when in fact it's not so ubiquitous, if that's the case they'd best be careful they don't score a spectacular own goal).

    21. Re:Glynn Moody commented on this days ago by Anonymous Coward · · Score: 0

      except that the limited period of time is over any of our lifetimes

    22. Re:Glynn Moody commented on this days ago by joebagodonuts · · Score: 1

      actually - the post I was replying to DID indicate that creators don't have a say. "...His desires are moot compared to the overall effect on society."

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    23. Re:Glynn Moody commented on this days ago by joebagodonuts · · Score: 1

      Right now, the fact they are willing and able to create and license their work. Creation requires a different level of effort and discipline than reproduction does. The biggest issue with the current copyright set up is that it artificially restricts creation and reproduction in an attempt to maintain control for parties that are middlemen at best. They don't make content. They aren't the intended audience.

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    24. Re:Glynn Moody commented on this days ago by BoberFett · · Score: 1

      The GPL only exists as an imperfect solution in the current framework of copyright that exists. I don't think anybody would shed any tears over the GPL going away if copyright was eliminated tomorrow. The GPL is meant to make sure that what was free, stays free. If I were able to copy and modify ANY software I wanted with no restrictions because copyright was no more, then the GPL is not needed.

    25. Re:Glynn Moody commented on this days ago by BoberFett · · Score: 1

      Are you sure the trolls didn't start taking over in 2002?

    26. Re:Glynn Moody commented on this days ago by Panruru · · Score: 1

      It's not going to kill you all to actually pay for some of the stuff out there.

      I think you're underestimating how little disposable income many consumers have. $4 may not kill you, but for a lot of "starving artists" it may be the difference between having some sheet music to practice with and eating for a day. No sheet music should be worth going hungry. Besides that, the girl's issue was that she *couldn't* buy the sheet music. Even if she had had the money (which she did not, and I've never found more than pennies in any of *my* couches*), a credit card was required to buy the music. She certainly doesn't have one, and her parents don't support her interest in theatre; pirating that sheet music was the only way she was going to get it.

      --
      "All statements are true in some sense, false in some sense, and meaningless in another sense."
    27. Re:Glynn Moody commented on this days ago by wazza · · Score: 1

      Are you serious?

      Are you really serious?

      Do you honestly believe that any point that's more complex than a one line description doesn't deserve to exist?

      I defy you to explain the point of quantum mechanics in one sentence. Or why we should/shouldn't (your choice) allow doctors to refuse to perform risky operations on people who continue risk-increasing habits. Or why electric power generation should/shouldn't (your choice) be managed by selling power on a market. *Without* assuming a massive amount of prior reading done by whoever you're speaking to.

      Ideas that can't be expressed in one sentence are even worth bothering with? A super ignorant version of TL;DR? Absolutely priceless... are you sure you want to be posting here? Perhaps you should go over and post on Yahoo! Answers for a bit, instead. Some of us here like to explore slightly more complicated issues, because life is actually quite interesting once you get a proper attention span.

      And yes, my tone is harsh, because this sort of attitude is a poor one. I find it depressing.

  3. I know he's just trying to make a living by Anonymous Coward · · Score: 0

    Ever since I heard Kid Rock starved to death, I've been really sympathetic to musicians. I promise not to ever download anything by this guy.

  4. simple math by Anonymous Coward · · Score: 1, Insightful

    3.99 for sheet music to song....
    0.99 for mp3 of song...

    hrmm

    1. Re:simple math by matzahboy · · Score: 3, Informative

      But you can't substitute an mp3 for sheet music. You use an mp3 to listen to a song. But if you want to perform a song for a talent show, you need to know all of the notes and rhythms. Unless you have a very well trained ear, you will not be able to easily play all of the notes just from listening to the song (unless you listen to it quite a lot).

    2. Re:simple math by rxmd · · Score: 1

      3.99 for sheet music to song....
      0.99 for mp3 of song...

      hrmm

      Well, what are you actually trying to say?

      If you can take the $0.99 MP3 and use that to perform a song yourself, go ahead. I'm sure the composer won't mind.

      As for the price difference, the target market for sheet music is much smaller than that for MP3s, so it's not really surprising that the price is higher, as there are fewer buyers to offset whatever initial investment there was.

      Then again, I'm not sure if a $3 price difference between completely different products entitles anyone to anything. But that's already a question of ethics, not one of "simple math".

      --
      As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
    3. Re:simple math by Darkness404 · · Score: 2, Insightful

      Yes, so shouldn't the sheet music be cheaper?

      How many people does it take to make sheet music? One, maybe two. How many people does it take to make an MP3? About 5 or more. With sheet music do you need to hire a bassist/keyboard/vocalist/guitarist/etc. along with an editor and producer? No. Does making sheet music take days of editing to get it to sound just right? No.

      Sheet music is basically a one or two person affair, it takes a lot more people (and a lot more equipment) to make an MP3 even for "indie" bands.

      --
      Taxation is legalized theft, no more, no less.
    4. Re:simple math by Kitkoan · · Score: 1

      $10.99 for the book...

      $25.99 for the DVD...

      Normally the print version is cheaper then the preformed version, same has always been for things like books/theater plays, ect... Why should it be reversed if its music?

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    5. Re:simple math by rekoil · · Score: 3, Insightful

      Sheet music is basically a one or two person affair, it takes a lot more people (and a lot more equipment) to make an MP3 even for "indie" bands.

      Economies of scale. Far, far more people will buy the mp3 than will buy the sheet music.

    6. Re:simple math by Anonymous Coward · · Score: 0

      Price is not a function of what it takes to make a product. Price is how much someone is willing to pay for something.

      I'm a smoker. I'll pay about 20 cents for a single cigarette in my home country. If I spend a few days in a place that doesn't sell cigarettes I'd buy them for a much higher price.

      Sheet music allows someone to perform music and earn money, doing this performance. A mp3 does not. People are willing to spend more for sheet music.

      I rest my case.

    7. Re:simple math by Darkness404 · · Score: 1

      Still, economies of scale can't really justify a huge price increase for something that is essentially a by-product of making the MP3s. Yes, I know that not every band writes down the sheet music, but surely the transcription process is quite easy for any talented musician.

      If you play a song in a band, and are a decent musician, the sheet music is just a minor inconvenience, a bit like writing out the steps to a math problem that you've done in your head. Why would a by-product be 400% higher than the finished product? Does it make any sense that the nails, boards, etc. in a shed would cost 400% more than the finished product?

      --
      Taxation is legalized theft, no more, no less.
    8. Re:simple math by Darkness404 · · Score: 1

      According to this guy though hes starving because not enough people are buying his sheet music1!!!11!!11

      If this is really an issue, then they need to realize that they are losing sales due to the high prices of what is really a byproduct of musical production.

      So either the price is too high and people like him are suffering (Ha!) because of people who are downloading it, or the price is right and this guy has no reason to complain.

      --
      Taxation is legalized theft, no more, no less.
    9. Re:simple math by raving+griff · · Score: 1

      It's not a question of how much the material costs to produce in this case, but rather, what use the material gives.

      MP3s give purchasers the ability to listen to a song for their own personal enjoyment while sheet music offers purchasers a chance to learn the song and perform it themselves. One is for personal entertainment and the other is for providing a performance tool.

    10. Re:simple math by Animats · · Score: 1

      If you can take the $0.99 MP3 and use that to perform a song yourself, go ahead. I'm sure the composer won't mind.

      You owe the composer the statutory royalty of about 9.1 cents per track per copy sold. You don't owe the performer or the record company anything.

    11. Re:simple math by Peaquod · · Score: 1

      folks who are able to generate original artistic material are much more rare than those who are able to perform it, who are in turn much more rare than those who are able to record/edit/package it. the value of a product really shouldn't be posed in terms of the number of people required to produce it. ostensibly, since you are posting here, you're a relatively highly paid technical professional - do you expect to compensated just as the bag boy at the grocery?

    12. Re:simple math by GreatRedShark · · Score: 4, Insightful

      ... but surely the transcription process is quite easy for any talented musician.

      If you play a song in a band, and are a decent musician, the sheet music is just a minor inconvenience, a bit like writing out the steps to a math problem that you've done in your head. Why would a by-product be 400% higher than the finished product? Does it make any sense that the nails, boards, etc. in a shed would cost 400% more than the finished product?

      Spoken like someone who has probably never gotten very far in music. Try finding a "talented musician" to transcribe all the parts of a symphony for a full orchestra. In a reasonable amount of time.

      And comparing nails of a shed to sheet music is ridiculous. More realistic would be comparing the assembly instructions for the shed to sheet music. To someone who has no idea how to build a shed, the instructions are VERY valuable. Your shed instructions analogy is appropriate to compare to beginner's music. For more complex music, simply pick assembly instructions to a more complex structure.

    13. Re:simple math by kimvette · · Score: 5, Insightful

      Does making sheet music take days of editing to get it to sound just right? No.

      Really? Have you ever written staff notation, or plotted it out in cakewalk, rosegarden, etc? Sure you can use a MIDI keyboard for some of the work but you're not going to use the generated MIDI file for the final product; you will be tweaking the notation by hand - quite a bit. It does take days to weeks of editing. Some musical works have taken much longer.

      It's not even just the "editing" - it's composing. That's what composers do. Take Beethoven's 9th symphony; that work is the result of six years' worth of "editing" as you put it.

      You are a programmer/developer, right? So, can I say all you do is "edit code?" Even better, I could say all you do is "push buttons" in the right order and don't deserve more than minimum wage for your unskilled labor. That of course ignores all of the architecting/engineering you have to put into it, and it belittles your talent, just as you belittle the composers.

      Does that put it in perspective?

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    14. Re:simple math by Darkness404 · · Score: 1

      ...In almost every orchestra I've seen, the players usually have sheet music in front of them or used it to learn the piece. About the only things that don't use sheet music is pop music and the like.

      --
      Taxation is legalized theft, no more, no less.
    15. Re:simple math by boondaburrah · · Score: 3, Informative
      You forget, as I often do, that time spent working is worth money too. It's true that recording a song costs much more money to hire musicians, get/rent equipment, edit, etc, but when you say

      Does making sheet music take days of editing to get it to sound just right? No.

      It really does. In fact, it can take weeks or even months before the artist is satisfied with their composition. During that time, the composer doesn't get nearly as much money as the people who are just recording, (as they can output faster) with about the same amount of effort (providing the artist isn't procrastinating). They have to make up that money in the end by selling copies of their composition. Granted, this isn't true for every composer, but to simply dismiss composition as a "cheaper" form of art is rather short-sighted. (Unless we're talking about top-20 hits or so, that is cheap composition)

      (Side note: My Dad's an artist, and I definitely feel the difference in family budget when his prints are selling or not.)

    16. Re:simple math by Anonymous Coward · · Score: 0

      He is a composer for musical theatre, so MP3s are not the primary product. In his case, productions of his work are the primary product, and that means sheet music.

    17. Re:simple math by BrokenHalo · · Score: 1

      So either the price is too high and people like him are suffering (Ha!) because of people who are downloading it, or the price is right and this guy has no reason to complain.

      This Brown guy did not say at any point in the article (which, I might add, is well worth the read) that he was starving. He was simply asking nicely for people not to share his music illegally.

      $3.99 for a piece of sheet music that one can re-use indefinitely doesn't seem like an outrageous charge to me. I don't think he's being unreasonable in asking people to respect the law, if not somple decency: if you like a work enough to want to perform it, it's reasonable to ask you to pay a small amount for a legit copy of the sheet music.

    18. Re:simple math by twidarkling · · Score: 1

      I dunno if anyone else has mentioned this, but not all composers are musicians. By that, I mean they write the music, but they don't go and record it. Thus, sheet music is not a byproduct. It's an enabling product. One composer's work can allow anyone with the ability to play the correct instrument to play a song. It's the increasing value of the hierarchy of skills. Anyone can press play for an mp3. No skill required. A musician who can play competently is more rare, so you pay more than the cost of a CD for that person to play live. But not every musician can write a song worth playing, thus you need to pay more to them than to a musician, since they're more rare yet.

      It's the same way that anyone can play in the local chuckleheads' hockey league, but they don't get paid. It takes more talent to play in the minors, so they get paid, but not wonderfully, because there's a reasonable amount of people who can play to that standard, but you pay the professional a lot more because they're a noticeable step above everyone else.

      The rarer a skill, the more valuation it can have. It doesn't always translate that way, but it's why sheet music's more expensive than an mp3. Any musician can play sheet music given a little practice. It's creating the music that's the hard part. I agree though, if he's seeing too many sales lost to downloading, lessen the price or make it easier to purchase. I just don't agree it should be cheaper than the mp3 of the song.

      Yeah, I realize this is more in reply to some of your other stuff, but this is more an aggregate reply.

      --
      Canada: The US's more awesome sibling.
    19. Re:simple math by Draek · · Score: 1

      All good arguments of course, but there's something you're not considering: for you to interpret music there must be something to interpret in the first place. Therefore, the creation of an MP3 requires the same work composing music does, as well as the non-trivial effort of interpreting and editing it.

      It's like selling a script for more than the movie derived from it.

      --
      No problem is insoluble in all conceivable circumstances.
    20. Re:simple math by Anonymous Coward · · Score: 1, Insightful

      Creation of sheet music is not the same as composing the original work. If someone 'composes' a pop song, they may or may not write it down. If I want to write it down, then there's nothing they can do about it.

      If the 'composer' wants to write it down in advance to save me the hassle, then great. But, don't pretend that the act of the composer writing down the composition is the same as the act of composing it. For pop music, it seems that composing and transcribing are completely unrelated concepts. For orchestral music, the score needs to be written down for the instrumentalists to be able to play it. But, again, that doesn't stop someone from separately transcribing the music.

      I have a friend that transcribes music all the time. It takes her about as long to write down a melody line and chord progression onto paper as it does for me to write in the lyrics.

    21. Re:simple math by DavidRawling · · Score: 1

      $4 for the sheet music, sells (maybe) 2,500 - so that someone can learn it and enjoy making the music themselves. Requires skills to play the appropriate instrument, and read music. Includes all the physical distribution costs (materials, warehousing, shipping, restocking, financing etc).

      $1 for the MP3 that people want to listen to, sells (maybe) 100,000. Requires no skills apart from mashing the play button like a dyslexic autistic orangutan. Includes all the electronic distribution costs (warehousing (disk space), shipping (data transfers), financing etc).

      Income from sheet music sales: $10K. Income from MP3 sales: $100K.

      Your analysis also ignores the fact that the performance of the art needs to pay the salaries of dozens, every day (not for one day or two days of performance), rental costs for the hall/room/stage/performance arena, costumes, sound engineers, makeup, sets ... - as well as rehearsals etc; the paper version is paying for the writing time, publishing, distribution etc - costumes, sound etc is "paid for" by the reader's imagination. They're just not directly comparable (or, "Waaah, why does a prime mover cost less than a Porsche GT2 when the Porsche is smaller")!

    22. Re:simple math by Kitkoan · · Score: 1

      $4 for the sheet music, sells (maybe) 2,500 - so that someone can learn it and enjoy making the music themselves. Requires skills to play the appropriate instrument, and read music. Includes all the physical distribution costs (materials, warehousing, shipping, restocking, financing etc).

      $1 for the MP3 that people want to listen to, sells (maybe) 100,000. Requires no skills apart from mashing the play button like a dyslexic autistic orangutan. Includes all the electronic distribution costs (warehousing (disk space), shipping (data transfers), financing etc).

      Income from sheet music sales: $10K. Income from MP3 sales: $100K.

      Your analysis also ignores the fact that the performance of the art needs to pay the salaries of dozens, every day (not for one day or two days of performance), rental costs for the hall/room/stage/performance arena, costumes, sound engineers, makeup, sets ... - as well as rehearsals etc; the paper version is paying for the writing time, publishing, distribution etc - costumes, sound etc is "paid for" by the reader's imagination. They're just not directly comparable (or, "Waaah, why does a prime mover cost less than a Porsche GT2 when the Porsche is smaller")!

      The problem with your argument is that your analysis ignores the fact that played music takes: band, instruments, recording studio, sound equipment beyond the instruments, knowledge of how to make music, rehearsals, salaries of anyone else involved in making the album, in many albums costumes as well/photographer (for album art, even mp3's have at least a cover art), ect...

      Sheet music takes someone who can write music, and if digital, a basic editor program.

      In short, not to be rude but just take your entire last paragraph and replace the word 'preformance of the art' to 'preformance of the music' and replace 'paper version' to 'sheet music'.

      Just because demand is low doesn't mean the price must go up, and just because demand is high doesn't mean the price must go down. In fact, that goes against the whole concept of supply and demand.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    23. Re:simple math by JuzzFunky · · Score: 1

      I suppose you could look at a bit like source code. Selling the MP3 is like selling the pre-compiled app. Selling sheet music is more like selling the source code. It allows users to re-brand it as their own and sell it again via live performances. Of course there's more to it than that, but I think it's a good analogy for this audience. Sheet music might be a less refined product than a neatly compiled app/mp3, but it gives you access to every little secret the author used to make their product so awesome.

      --
      Unexpect the expected!
    24. Re:simple math by Anonymous Coward · · Score: 0

      If you can take the $0.99 MP3 and use that to perform a song yourself, go ahead. I'm sure the composer won't mind.

      Having followed the link and read the associated story, I think I can safely say that were you to do such a thing then the composer this story is about, Jason Robert Brown, would be outraged, proceed to expound wildly about stealing, and then hold his breath until he turned blue and suffered an apoplectic fit.

    25. Re:simple math by eugene+ts+wong · · Score: 1

      Another good illustration is writing documentation.

      I could run a business, and get somebody to write up great documentation to prove himself to the company. After he writes it, at minimum wage, we terminate him, and say, "Well, we wouldn't have paid for it anyways, so he doesn't really lose anything, plus he gains all this valuable work experience.".

    26. Re:simple math by glavenoid · · Score: 1

      You've obviously never made professional sheet music. I have. It takes, at the very least, the composer, the transcriber, the transposer, the engraver, the initial proofreader, the publisher, the secondary proofreader (who finalizes the measure-count per stave and page-turns), the final engraver, the administrative staff, etc. These are all specialized jobs.

      You got a +3 insightful post for your "insightful post", but you obviously have no idea what you are talking about. In the future you should avail yourself to learning about the topics that you claim an authoritative stance upon before commenting.

      --
      I, for one, am looking forward to the inevitable /. beta rollout fallout.
    27. Re:simple math by Low+Ranked+Craig · · Score: 1

      In almost every orchestra I've seen, the players usually have sheet music in front of them or used it to learn the piece.

      Because when the composer was writing and arranging the piece he had the sheet music all done for all the instruments, right?

      --
      I still cannot find the droids I am looking for...
    28. Re:simple math by Jafafa+Hots · · Score: 4, Insightful

      I compose music on the piano. I'm not saying it's GOOD necessarily, but I do compose.

      You know that? The idea that I OWN the music I write is insane. Just fucking insane. It's notes in someone's HEAD. Furthermore, while yes, I do work hard on composing, the reality is that composing is more a process of finding a nice combination of preexisting things. There are only so many notes, only so many chords. It's like piling up Tetris pieces.

      In fact, some of the tunes I've come up with I don't bother to record because even though I have NEVER heard a song with that melody, it just seems so damned obvious that I just know that it has to have been written, or damned close to it, MANY, MANY times before.

      I don't record them NOT out of fear of somehow copying someones "property" that I have no personal knowledge of its actual existence or not, but rather because I just don't like composing obvious stuff. I like to stretch.

      Meanwhile, you have the music industry and some colluding "artists" claiming that they not only own a piece of music - they "own" a particular bassline, or a simple chord progression, and not just that one, but any CLOSE to it.

      And then (sampling) you have people claiming they own a 5 second waveform from the midst of their recording.

      Copyright was essentially an incentive program, artificial monopoly to encourage creation of things that would eventually (in 14 long years, originally!) become public domain, their natural place (the way human culture developed from the caves in the first place)

      In no way is there someone who is not going to buy a CD because they say to themselves "well, I've already got a CD with that snare drum sound in it."
      In no way is an artist going to be discouraged from creating music merely because they think someone might take a 2 second clip and use it in a completely unrecognizable way in a completely different composition.

      But that is what copyright law has devolved into. You record a song, and nobody can use that 2 second bleep for anything until 75 years after you die. because you "own that bleep!"

      THAT is INSANE.

      --
      This space available.
    29. Re:simple math by mdwh2 · · Score: 1

      He was simply asking nicely for people not to share his music illegally.

      And she did:

      I've taken down your music

      She then simply asked nicely in return:

      I need the sheet music to "I'd Give It All For You" but thanks to your little stunt, I can't get it. And I cannot just go to the store and buy it. My parents don't support my theatre all that much and they won't buy it for me. And I need it pronto. If you're actually Jason Robert Brown, what can you do to help me with my situation?

      A teenager, trying to learn to sing in theatre, without money, without the necessary credit card to even buy it (as she points out) and without support from her parents. His response?

      Well, that's a stupid question, Brenna.

      (After he already knew she hated that name, too.)

      This guy wasn't asking nicely at all. The teenager responded to his request, asked nicely for help in return, and simply got insulted back and told to pay up - even though she had no way to order it online anyway.

      I'm not sure what the point of this article was. If he thinks he was getting on his moral lecturing high horse, and assumed everyone would agree, he's mistaken.

    30. Re:simple math by Larryish · · Score: 1

      A talent show is a public performance.

      What royalties should the author of the sheet music receive for said performance?

      $0.99 per listener?

    31. Re:simple math by delinear · · Score: 1

      Economies of scale? Is that why, when MP3 sites first took off, all songs were priced the same regardless of how popular they are? In fact, these days (and this is purely anecdotal based on my experience so YMMV) it seems the more popular songs (particularly chart music) are actually more expensive, surely they should be much cheaper.

    32. Re:simple math by delinear · · Score: 1

      So he doesn't already earn royalties for production of his work? What's that? He does and he not only wants to keep earning on the same piece of work for the entirety of his life, he wants to earn on it two times over for the entirety of his life, even though these downloaders are probably helping promote his work and helping him get paid the initial royalties in doing so? Okay - I just like to understand someone's viewpoint before he starts pointing the finger at those greedy downloaders :)

    33. Re:simple math by delinear · · Score: 1

      Well it's a little unfair without knowing more about who the downloaders are and who his customers are. If he makes his money from people staging his musicals, then likely he won't make much money because there will never be sufficient numbers of musicals happening. On the other hand, if these downloaders are just hobbyists looking for something to learn, he still wouldn't make money if they stopped downloading his stuff because they'd find something else that was free. In the end he's making the common mistake of assuming every download is a lost sale, but how does he know the people downloading aren't the same ones driving the demand for the musicals? This could be entirely self-defeating if he annoys his fan base and in turn he falls out of favour, meanwhile if they like his stuff enough to start playing it professionally, they'll eventually contribute to his royalties. Whichever way I look at it, unless this guy is offering a product so amazing that people won't just go elsewhere, it's only ever going to be self defeating to pursue his current course of action. It's his choice to do so, of course, but considering the music labels have been doing this for over a decade AND bringing high profile legal proceedings and still haven't made a dent in downloading, I can't see him getting far.

    34. Re:simple math by Gorkamecha · · Score: 1

      Does a construction worker continue to get money after he's finished the road you're driving on?
      Does the engineer still get money after he finishes the plans for a bridge? (Even though he will catch hell if that bridge falls).
      Does any drone at any major tech firm get on going money for the sale of the widget he helped create?
      There are all sorts of people out there that create a lasting, reused idea within society and have to survive on whatever the market valued that idea at when it was first created. Once you've released your idea into the wild, you've lost it. Why should society create a special bubble to protect the person who can't negotiate what they believe is a fair market price?

    35. Re:simple math by delinear · · Score: 1

      We'd all probably like to earn a little more though - the fact that this guy might be earning less than recording artists doesn't necessarily mean that his sheet music isn't still overpriced in the market, though (I'm not saying it is, but we can't automatically assume that it's either priced just right or underpriced). It doesn't mean he doesn't work as hard - I'm sure there are plenty of examples of the guy who hauls the garbage for a corporation working harder than the 6 figure CEO who ultimately signs the cheques.

    36. Re:simple math by Zarf_is_with_you · · Score: 1

      Not really, its not a lot to pay for someones work, I think the prices are very fair online for this material.

      My biggest problem is Eleanor was saying her the parents would not let her use a Credit Card to order the Music. This is HOG Wash, she could trek her self down to the Local 7-11, Wall Mart, Gas Station or where ever and pickup a Pre Paid Visa or Mastercard to order the stuff online.

    37. Re:simple math by icebraining · · Score: 1

      It allows users to re-brand it as their own and sell it again via live performances.

      No, it doesn't, because you still need a permission to play it publicly. Buying the sheet gives you nothing but the ability to play it for yourself.

    38. Re:simple math by BrokenHalo · · Score: 1

      If he makes his money from people staging his musicals, then likely he won't make much money because there will never be sufficient numbers of musicals happening.

      If you take the trouble to RTFA, he tells us how he makes money out of his work. And no, I'm not going to spell it out for you. Go look for yourself - the article is well enough written, so there's no excuse not to read it.

    39. Re:simple math by kimvette · · Score: 1

      But that is what copyright law has devolved into. You record a song, and nobody can use that 2 second bleep for anything until 75 years after you die. because you "own that bleep!"

      THAT is INSANE.

      I agree. Copyright is intended to provide protection for a LIMITED DURATION in order to encourage creation of more public domain works. The way copyright works today is totally insane.

      However in the case this article points to, the artist is still alive and kicking, and politely asking people to respect his copyright. Right or wrong, copyright law is what it is today. We do need to change it but the only way we are going to do it is a total revolution; either by the vote and stop obsessively reelecting the same fucks we have in office, and replace them with people who realize that the Constitution does mean what it says, and who recognize that the making of a true leader is a willing servant.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    40. Re:simple math by Anonymous Coward · · Score: 0

      But that is exactly what is happening in the engineering fields, the arts just haven't caught up yet.

    41. Re:simple math by xero314 · · Score: 1

      Just because demand is low doesn't mean the price must go up, and just because demand is high doesn't mean the price must go down. In fact, that goes against the whole concept of supply and demand.

      It appears this way only because you are looking at the wrong variables in your equation. The demand in this case is not for sheet music, it's for a talented composer. The fact that the composer has chosen to release his talents in a tangible form does not make the demand for that tangible form. So though the demand for talented composers is low, the supply is far lower. So where there can be multiple recordings of a score, there can be only one composer of that score.

    42. Re:simple math by Chardish · · Score: 1

      By that logic, should any work of the mind be copyrightable? Paintings are existing colors turned into new pictures. Novels are existing words turned into new stories. Computer code is existing bits given new values. Inventions are just existing raw materials turned into new devices.

      If your answer is "that's all free too, no one should own that" then you have created a world where no one can make money from the fruits of their mind, only the fruits of their physical labor. In essence, everyone must have a job either physically laboring or selling things that have been physically labored for, and intellectual culture would grind to a halt.

      Copyright guarantees that you can make money coming up with better ideas than other people. How could that do anything but create progress?

    43. Re:simple math by Anonymous Coward · · Score: 0

      Even if it only took 2 people to write the sheet music, it still makes sense to charge more for it from a strictly monetary point of view.

      Suppose you have a song you are selling an mp3 of. The mp3 may sell 10,000 copies. The sheet music for the mp3 may only sell 100 copies. Therefore, even though it takes much more work to produce the mp3, at $1/download, that would produce $10,000. However, the sheet music, at $5 a copy, would only produce $500. So it basically becomes a question of if the sheet music can be produced for less than $500.

      It also seems improbable that lowering the cost of the sheet music would significantly increase the market for it. This is a niche market already, and $5 honestly doesn't seem excessive.

  5. "Trading" is one of the problems... by Anonymous Coward · · Score: 0

    I think people that actually own it as well as are offering the digital copy to the world are confused about what they can do with the owned copy. They're listing it because they want people to buy the physical copy from them or they want to trade it for something else.

    Perhaps if he told them to stop letting people download his stuff? That's what he actually wants and it's still not aggressive.

  6. Indeed by OopsIDied · · Score: 1

    As a 17 year old, I must agree with Eleannor or w/e on the fact that credit cards are often required to purchase things online. I would have loved to get TF2 and HL2 through steam when they were like $10 each, but I don't have a credit card and they require one, and my parents don't like using them online due to keylogger concerns (with which I agree). Sometimes access is restricted in such a way that acquiring it through legal means is simply not possible. another example, $100 "concrete mathematics" book, nvidia's gpu gems books...there's just no way my parents are gonna pay for that. although there's always getting a job...

    1. Re:Indeed by pgmrdlm · · Score: 4, Informative
      A previous poster made the point was made that you can get prepaid credit cards from walmart.

      Hell, from strictly a security standpoint that would be the best way to purchase anything from the web.

      Lack of a credit card is not an excuse, you can get prepaid ones.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    2. Re:Indeed by Kenja · · Score: 2, Insightful

      You can walk into any supermarket, 711, etc and get a pre-paid credit card. Sorry, the "its just to hard to bu a legal copy" excuse doesn't fly.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    3. Re:Indeed by OopsIDied · · Score: 1

      o: damn how did i miss those o___o

    4. Re:Indeed by zippthorne · · Score: 2, Informative

      You can buy a prepaid credit card at the local drug store. They cost $5 plus the face value, though I think you can recharge them.

      You need a credit card number to buy from steam, but AFAIK, they don't require that you have an actual line of credit..

      The books you described are priced inline, I'm sorry to say, with your typical college text book. Which, as a side note, I suggest that you do not sell back to the school bookstore at the end of the semester. If you have a good professor, the books are chosen to supplement your education, and make a great start to your personal library.

      While I'm not sure the books are worth the $100++ that they charge, I'm confident that giving them up is not worth the $5-$20 you'll get for them at the end of the semester. Go ahead and buy the used books if they're available, but don't bother with the buy-back unless you're sure you don't want the book for your library and you need the pittance for something.

      --
      Can you be Even More Awesome?!
    5. Re:Indeed by DaveV1.0 · · Score: 2, Insightful

      Why do you deserve it if you can not pay for it? If you were to get a job and do work for someone, you would expect him to pay you right? What would you do if he refused to pay you saying he couldn't afford it?

      Basically, that is what you are doing every time you make an unauthorized copy. You are telling the person that did the work that he does not deserve to get paid because you can't afford to pay him.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    6. Re:Indeed by areusche · · Score: 1

      I had my first debit card at 14. One does not need a credit card to buy things online. Also with you being 17 you can open a bank account under your own name very soon. I used to pirate a lot of music, nowadays with my steady job I don't mind paying for albums any more. I listen more to Pandora than my own mp3 player.

    7. Re:Indeed by Kitkoan · · Score: 1

      As a 17 year old, I must agree with Eleannor or w/e on the fact that credit cards are often required to purchase things online. I would have loved to get TF2 and HL2 through steam when they were like $10 each, but I don't have a credit card and they require one, and my parents don't like using them online due to keylogger concerns (with which I agree).

      If your worried about security, then use a Linux Live CD. Or if your parents won't give you their credit card, just buy a prepaid gift credit card. They are found in many big chain stores. When the card is done, get rid of it.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    8. Re:Indeed by SteveFoerster · · Score: 1

      The books you described are priced inline, I'm sorry to say, with your typical college text book. Which, as a side note, I suggest that you do not sell back to the school bookstore at the end of the semester. If you have a good professor, the books are chosen to supplement your education, and make a great start to your personal library.

      I take the opposite view. Try getting college textbooks used, or get the cheap international edition sent to you from India, or -- best of all if you can -- check it out of the school library and keep renewing it until the end of the course.

      Consider that if the book really does turn out to be that important to your future career you'll know by the end of the course. You can always buy a used copy at that point for next to nothing from one of your classmates.

      -=Steve=-

      --
      Space game using normal deck of cards: http://BattleCards.org
    9. Re:Indeed by IANAAC · · Score: 2, Insightful

      I had my first debit card at 14.

      You most likely had your parent's or other guardian's authority to have one.

      I'm not sure if this is regulated at the state or federal level, but kids under 18 need either the primary cardholder's approval or in the case of a youth checking/savings account, the parent's.

      The girl in the article (Eleanor) didn't have her parents' approval for her musical activities and probably restricted her spending for the purpose.

    10. Re:Indeed by countertrolling · · Score: 1

      When you take a job, the person agrees to pay you. That makes it his obligation to do so. Copyright is a government granted privilege, and society has "agreed" to a limited copyright, not to extended copyright worked out by corrupted politicians and big business. The system is broke due to a complacent public, so fuck 'em. People can give up their own freedoms all they want. Just stay away from mine. If I have to perform every time I need a dollar, so does everybody else. No more special treatment.

      --
      For justice, we must go to Don Corleone
    11. Re:Indeed by Anonymous Coward · · Score: 0

      Yeah. What he said.

      (oh except for the kid hitting part)

    12. Re:Indeed by Nadaka · · Score: 1

      That is a fairly recent phenomena, I have only seen those in the last year around here. But I have not looked into them to see if it would be practical (mostly because at this point in my life I already have plenty of regular credit cards).

    13. Re:Indeed by Barny · · Score: 1

      Not to mention Steam (and a lot of places) accept paypal, which can be linked directly to a bank account.

      --
      ...
      /me sighs
    14. Re:Indeed by DaveV1.0 · · Score: 0

      No, copyright is a legally granted right. It says so right in the name. Society, of which you are apart, has made a contract with the owner of the copyright to a work. Society has agreed to allow only the copyright owner the right to create copies for a term set by law, so the copyright owner may make money off the work. The copyright owner may be the creator of the work or the person who paid the creator of the work to create the work.

      You are complaining about YOUR politicians, who are the ones extending the length of copyright. If you think the system is broken, fix it. But, your belief that the system is broken does not give you the right to violate other people's right.

      If I have to perform every time I need a dollar, so does everybody else. No more special treatment.

      Ok, I want to see you live up to that statement. Here is what you are going to do. Toss out every single book, tape, DVD, CD, MP3, OGG, etc. that you own. All those things are under the old system where the copyright holders are paid even if they don't perform something new each time.

      Now, when you want to hear music you will hire a composer to write it and musicians to perform it.

      And, when you want to see a movie, you will hire writers, directors, composers, musicians, actors, electricians, set builders, and everyone else needed as well as pay for the cameras and all other equipment need to create the movie. You will also hire or build a movie theater to watch said movie in with free admission to any who want it.

      And, when you want to see a play, you will rent the hall, get a script written, hire all the people needed, pay for all the sets and equipment and utilities.

      When you need a book, you will hire someone to write the book for you.

      And, of course, everything you do by this method you will then make freely available for merely the cost of duplication. You are not performing or creating anything, so you are not to profit on any of it. You can not spread the cost of paying for the work by charging anyone who wants a copy.

      Remember, by what you have said, everyone must now perform every time they need a dollar, including yourself, so the reverse must be true. If one needs a dollar, one must perform a new creative act, so you are not allowed to make a profit off the ownership (which would be granted by copyright) of a work.

      Go ahead and try it. Or, just simulate it. Let me know how that works out for you.

      BTW, before you start whining, remember, I didn't even bring in to it other physical objects like computers and cell phones, both of which contain copyrighted code. If you wish to whine about the conditions placed above, simply toss out your computer and cell phone as well and make new ones from scratch.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    15. Re:Indeed by pgmrdlm · · Score: 1

      Fair enough. I have been use to seeing them for the last couple years. I can not state one way or another if they were/are everywhere. Or for how long.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    16. Re:Indeed by Archades54 · · Score: 1

      Just for arguments sake, what if they have internet but live 2-300km from libraries, etc (Farms in Australia are like this, schooling is done via internet or radio since it's so far way)
      So their closest 711, etc, with credit to buy like that may not even be the closest town. And their nearest library might be one of 20 books so far off the topic they require. There are exceptions to all of these oh you can walk to your local library arguments because not everyone has that ability but might have access to the internet.

      --
      If your neighbours roof is flying past your window, you know it's cyclone season.
    17. Re:Indeed by Shark · · Score: 1

      When someone hires me to do a job, they enter a contract with me to do that work. If they change their mind, it is a breach of contract (even if only a verbal) and as such, I would feel slighted and likely take action to receive payment.

      Now if I write a song because I just want to express my creativity, I'm not going to expect payment up front. I'm writing it for myself. If the intent is for me to monetize it, the best I can hope for is that people appreciate the song enough to think it is worth paying for. I'm not going to have the state (or anyone else) strong-arm people into paying for it.

      I would request money if people asked for me to do actual work, like asking me to perform the song for them, or to write them another song. Otherwise I would feel like I just cleaned someone's pool from my own initiative and then started harassing them to get paid. There's no way for me to morally justify something like that.

      I do not believe in intellectual property and as such, I'm not going to sell any intellectual property. I'll sell intellectual skill/ability, which is mine to sell.

      --
      Mind the frickin' laser...
    18. Re:Indeed by Aranykai · · Score: 3, Informative

      The contract you enter into when using those requires an adult. Minors cannot enter into a binding legal contract in the US.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    19. Re:Indeed by autocracy · · Score: 1

      I'm not aware myself of any law that restricts minors from having cards. I am aware that they can disclaim all liability, so if a bank were to issue a card to a minor, the minor could not be held legally responsible for it if they decided to not pay. This is why banks require a parent's involvement -- so that the parent is liable.

      --
      SIG: HUP
    20. Re:Indeed by DaveV1.0 · · Score: 0

      Now if I write a song because I just want to express my creativity, I'm not going to expect payment up front. I'm writing it for myself.

      That is you, but you are not making your living writing songs.

      If the intent is for me to monetize it, the best I can hope for is that people appreciate the song enough to think it is worth paying for. I'm not going to have the state (or anyone else) strong-arm people into paying for it.

      A)That is you and what you would do. However, the government has already granted a legal right to control the copying and distribution of a work. If you do not wish to, as you put it, strong-arm people into paying for it, you can put your song into the public domain. However, why should someone who makes their living writing songs be forced to do what you would do as someone who does not?

      Copyright exists to encourage existence of professional artists, musicians, and authors by allowing them to make a living at their work.

      You make the argument that the creative act is its own reward and no other reward is due as though creators have no need of food or shelter.

      Or, do you believe that creating art should be relegated to avocation?

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    21. Re:Indeed by BrokenHalo · · Score: 1

      I wonder in how many countries outside the US these prepaid cards are available as you describe. I've never seen them available in supermarkets in the UK, Europe or here in Australia.

      Though most of the regular banks offer some sort of Visa or Mastercard debit card...

    22. Re:Indeed by rnaiguy · · Score: 1

      Definitely NOT universally true. I also got a student bank account and debit card, without parental involvement, at 14. However, I had friends who had trouble doing so (they got an account, but no debit card). I suspect it is more of a bank policy thing than a state/federal law thing.

    23. Re:Indeed by Anonymous Coward · · Score: 0

      One can buy prepaid credit cards for $2.00

      simongiftcard.com

    24. Re:Indeed by hobo+sapiens · · Score: 1

      nice, you got the ever popular Offtopic-because-I-disagree-with-you-and-cannot-offer-a-cogent-argument downmod. Wear it with pride.

      --
      blah blah blah
    25. Re:Indeed by Technician · · Score: 1

      I play a keyboard. Simply put the publisher's prices on sheet music is priced for professionals and not for an amature looking for a library of music to enjoy. A home compiled songbook of 100 songs is nearly the same price I paid for my used keyboard. A library of only 100 songs is a pretty thin library. Due to the prices, I don't pirate, but I do pick up what I can used. I mostly play classics from the 1950's and 1960's. I've inherited some full 3 ring binders of my grandparents sheet music (legal copies). Most were 10 or 15 cents a copy. I know inflation and all, but I think the price of sheet music has risen faster than the inflation over the same time. Gas has gone from 45 cents to $3. Sheet music has gone from 10cents to $4.00.

      I'll sometimes buy a songbook, but rarely buy single sheetmusic due to the value.

      --
      The truth shall set you free!
    26. Re:Indeed by glavenoid · · Score: 1

      Her parent's approval is a moot point.

      Does she have *any money to spend - If yes, then pay an [arbitrary but trusted] adult to charge the credit for the sheet music online if necessary. If no, then do without.

      --
      I, for one, am looking forward to the inevitable /. beta rollout fallout.
    27. Re:Indeed by Hognoxious · · Score: 1

      so if a bank were to issue a card to a minor, the minor could not be held legally responsible for it if they decided to not pay.

      areusche said debit card, not credit.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    28. Re:Indeed by X.25 · · Score: 1

      You can walk into any supermarket, 711, etc and get a pre-paid credit card. Sorry, the "its just to hard to bu a legal copy" excuse doesn't fly.

      Obviously, everyone lives in a place where you have 7/11 which sells pre-paid credit cards.

      I've never even seen a pre-paid credit card, for example.

    29. Re:Indeed by zippthorne · · Score: 1

      How you get the books is almost irrelevant to how you dispose of them after the semester is over. I agree that the library option is a good one, though most universities only keep a few copies of the necessary textbooks behind the counter, and won't let them leave the library.

      Used books are fine to buy, since it saves money, and with the textbook update shenanigans by the bookstore/colleges, you're unlikely to get one so old and dilapidated that it won't serve.

      But I'm suggesting that it's not really in your best interest to donate your book, however you got it, to the bookstore so they can sell it at the still-too-high used-book price.

      --
      Can you be Even More Awesome?!
    30. Re:Indeed by mdwh2 · · Score: 1

      A previous poster made the point was made that you can get prepaid credit cards from walmart.

      So why didn't he point that out, instead of ignoring her simple requests for help, and responding with:

      "Well, that's a stupid question, Brenna."

      And then continuing to lecture her (even though she'd long since stopped offering his sheet music)?

      I've never seen such pre-paid cards, nor have I seen one. You're also assuming she's in the US (I note she uses the British spelling "theatre"...)

      This still doesn't answer the question of how she gets the money - she may be too young to work for all we know, and says her parents don't support her theatre. Heaven forbid those unruly teenagers break the law by wanting to learn to sing!

    31. Re:Indeed by mdwh2 · · Score: 1

      simongiftcard.com

      Oh great, I can get a prepaid credit card online. How do I pay them the $2?

    32. Re:Indeed by delinear · · Score: 1

      A colleague introduced me to them 11 years ago, however I've not seen them promoted ever, back then it was a specialist service you had to seek out from your credit card company. I don't ever remember seeing them offered at any time in between, which is a shame as they seem like a wholly sensible idea.

    33. Re:Indeed by delinear · · Score: 1

      Yes, that all sounds like a plausible thing for a minor to do to get something they can get for free. Or alternatively the guy could be a little less short sighted and realise that, while she's downloading his stuff today, once she's independent and got a job she'll more likely be buying his stuff. All he's done is alienate a fan, he's not earned an extra penny. Kids with little money won't buy content that they can get for free - we can discuss whether it's right or wrong until we're all blue in the face, it won't change that fact. We can either punish them for their enthusiasm (great life lession) or we can give them a little leeway and realise that the long term benefits are probably worth it. While we're talking about payment methods - most banks let kids open accounts even though it likely costs the bank a lot more than they make in return because they know the kid will be more likely to stick with them in the future when they're earning big money. These are banks, prepared to lose money in the short term in order to make money in the long game. Banks! Quite the apt analogy, if only people weren't too blinkered by their greed and self righteousness to see it.

    34. Re:Indeed by delinear · · Score: 1

      You make some excellent points - can you point me in the direction of which of the major parties that have a chance in hell of being voted in actually oppose copyright extensions and are in favour of shortening the terms, I'd like to make a difference.

    35. Re:Indeed by icebraining · · Score: 1

      Banks in Portugal offer a free service called "mbnet" which allows you to create a virtual CC and "allocate" any amount of money from your regular account to it. It's great for online shopping, because I know I won't be charged more than I think.

    36. Re:Indeed by icebraining · · Score: 1

      And, when you want to see a play, you will rent the hall, get a script written, hire all the people needed, pay for all the sets and equipment and utilities.

      You should scratch that.
      Theater actors *are* paid by performance, as GP defended. People that build sets et all are also paid once for their work, they don't get more money if the theater company decides to re-use the sets for another play. The rent is also paid once.
      You may have a point with the script writer, but 90% of the plays I see use a script from a dead guy (Shakespeare, Ibsen, Chekhov, Joyce, etc).

      Now, when you want to hear music you will hire a composer to write it and musicians to perform it.

      That's called "attending a concert" (assuming the musicians are also the composers, as it happens rather regularly). Nobody said one person would have to pay for everything each time: if more than one person can attend the same performance, they could share the cost.

      Remember, by what you have said, everyone must now perform every time they need a dollar, including yourself, so the reverse must be true. If one needs a dollar, one must perform a new creative act, so you are not allowed to make a profit off the ownership (which would be granted by copyright) of a work.

      You do realize that's how most people live?

      Bare in mind that I'm not agreeing with GP's post, just pointing out that you can have plays and concerts without copyright.

    37. Re:Indeed by SpaceCadets · · Score: 1

      Note that areusche said 'debit'. I've got a debit/credit, which means that it's linked to my account, and I can buy things off the 'net as if it's a credit card, yet I can only spend what's in my account. It's a Westpac Mastercard, with the same numbers as a regualr Mastercard, yet I can't spend more than what's in my account at any given time. Freakin' handy for thinkgeek, ebay... :)

    38. Re:Indeed by autocracy · · Score: 1

      True, but the rules apply the same. An overdrawn debit card cannot be forcibly recovered.

      --
      SIG: HUP
    39. Re:Indeed by Petrini · · Score: 1

      Just so you know, minors can enter into contracts. They're legally voidable by the minor, but they are not void. An example should make this part clear:

      A minor buys a car from a dealer using a sales contract. The minor can choose, a week later, to void the contract, return the car, and take back the money paid for it. The dealer cannot. If the minor pays for the car and then the dealer doesn't deliver it, the minor can sue for breach of the contract, choosing an enforceable contract over a void one. Minor's choice.

      That's how the law allows for contracts between competent parties and minors: we place the risk on the non-minor.

  7. Path of least resistance by gringer · · Score: 2, Interesting

    I'm not convinced JRB has addressed one comment that seems to have been explained the best by Eleanor, and only lightly touched on by other comments attached to that blog post (e.g. voideka, clovis lark, george).

    Put simply, people choose the path of least resistance, which is usually the path of least cost.

    If Eleanor needed some music for an audition, any reasonable music would do. She wouldn't pay money if a popular work were available for free (but might pay a small amount of money for a popular work if it were easy to do that). If the creator of a particular work didn't choose to distribute a one-off version at no cost, Eleanor would probably search elsewhere for a gratis piece of music (possibly by a different creator). People do distribute sheet music for no cost, so this stuff will be around somewhere, even if only legal avenues are chosen.

    It reminds me of a discussion about the costs of cellphone plans that I looked at recently. Someone compared costs of different networks, assuming a person sent around 3,000 text messages per month. They ended up with some costs on the order of $300-$500 per month, because their analysis didn't include limited-time plans. The reality is that no one would choose to pay that much for text messages, it just wouldn't make sense given that cheaper plans are available (around $10-$15 per month, maybe a bit less). Often, people in my country will keep two prepay cellphones (or two sim cards), so that they can take advantage of the best offer at a particular time.

    --
    Ask me about repetitive DNA
    1. Re:Path of least resistance by slashqwerty · · Score: 4, Insightful

      Put simply, people choose the path of least resistance, which is usually the path of least cost.

      If Eleanor needed some music for an audition, any reasonable music would do. She wouldn't pay money if a popular work were available for free

      He's not going to argue that point either. If copyright law were reasonable copyrights would expire in a reasonable timeframe. The result would be a huge public domain where Eleanor could take her pick of free popular songs. Her instructors and mentors would point her to the rich public domain and that would not help Mr. Brown at all.

      Really, copyright debate boils down to free-loaders demanding free access to everything, and copyright holders demanding restrictions on everything. So long as either side refuses to acknowledge the flaws in their arguments we are not going to see reasonable debate about where copyright ought to be.

    2. Re:Path of least resistance by Anonymous Coward · · Score: 2, Interesting

      "He's not going to argue that point either. If copyright law were reasonable copyrights would expire in a reasonable timeframe. The result would be a huge public domain where Eleanor could take her pick of free popular songs. Her instructors and mentors would point her to the rich public domain and that would not help Mr. Brown at all."

      And this is why you will NEVER see anything expire from copyright, and if anything you will see the public domain wither even further as they find excuses to backdate existing terms.

      And this is why it must be fought.

      There is no need for the "freeloaders" to compromise in this debate. They are the ones who have NOTHING. No rights period. Copyright is 100% on the other side, so if there's to be any compromise it's going to have to be the copyright holders to actually give up part of what has already been given to them via corporate lobbying.

    3. Re:Path of least resistance by yyxx · · Score: 4, Insightful

      Really, copyright debate boils down to free-loaders demanding free access to everything, and copyright holders demanding restrictions on everything. So long as either side refuses to acknowledge the flaws in their arguments we are not going to see reasonable debate about where copyright ought to be.

      Really? How does it boil down to that? I thought there were lots of other parties to the debate, like librarians, archives, artists, etc. Many copyright holders (myself included) also don't like current copyright at all and would much prefer a different kind of copyright.

      In fact, most of our copyright issues would vanish if we went back to traditional US copyright laws: 14 years + one 14 years extension if the author is still alive, with a registration requirement. I have yet to see an argument why traditional US copyright isn't the right choice.

    4. Re:Path of least resistance by eclectro · · Score: 1

      So long as either side refuses to acknowledge the flaws in their arguments we are not going to see reasonable debate about where copyright ought to be.

      Besides that, who really has been "freeloading" with 11 copyright extensions over the years, with the last one (Sonny Bono/CTEA) not having the public get anything in return?? I think it's not a question of both sides, but the side of copyright holders that need to see the flaws in their demands.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    5. Re:Path of least resistance by DMiax · · Score: 1

      Completely agreed. I suspect that people are so used to everything being protected that they don't mind anymore. If I cannot legally use Elvis or the Beatles for my amateur short feature/compilation CD/remix/whatever I might as well take a contemporary artist. In for a penny in for a dime.

    6. Re:Path of least resistance by bennomatic · · Score: 1, Interesting

      And here's the thing. If Elanor were such a hot musician, she wouldn't need the sheet music.

      I'm a hobby guitarist, and I'm not amazing by any stretch, and I hate paying for guitar tab books; it's like buying the book on how to do the Rubik's Cube.

      If I like a song, I listen to it, learn the lyrics and the music, and figure out how to play it in a way that I'll remember it.

      What she suffers from is an acute lack of creativity in problem solving. The author suggests the library as a resource; she could also get a frickin' job. Or go to the music department at her school for assistance. Or form a theater project for herself and peers and get grant funding. People eat that shite up.

      --
      The CB App. What's your 20?
    7. Re:Path of least resistance by Anonymous Coward · · Score: 0

      Really, copyright debate boils down to free-loaders demanding free access to everything, and copyright holders demanding restrictions on everything. So long as either side refuses to acknowledge the flaws in their arguments we are not going to see reasonable debate about where copyright ought to be.

      This, right here. If there was any way to mod someone past +5 this post would deserve it. It should be perma-stickied and automatically first-posted for any story on /. regarding copyright debate.

    8. Re:Path of least resistance by tepples · · Score: 1

      To be fair, CTEA gave restaurant owners the right to leave the TV unmuted.

    9. Re:Path of least resistance by BoberFett · · Score: 1

      Too bad my last mod point just expired or I would have given it to you.

    10. Re:Path of least resistance by Kjella · · Score: 4, Insightful

      In fact, most of our copyright issues would vanish if we went back to traditional US copyright laws: 14 years + one 14 years extension if the author is still alive, with a registration requirement. I have yet to see an argument why traditional US copyright isn't the right choice.

      Not even close. For one, if we are to keep copyright I would want compulsory global RAND licensing. No more region codes. No more waiting for the DVD release, or iTunes to ever bother making TV series available here. No more making me pay 30% more because I'm on the wrong side of the atlantic. Have the free market work both ways, you are free to get labor where you want and I'm free to get the product where I want.

      What can I say, I have the "service" I want already. I just want someone to offer the same, legally.

      --
      Live today, because you never know what tomorrow brings
    11. Re:Path of least resistance by Anonymous Coward · · Score: 0

      You have to hand some extra weight to the composer's argument, however: he's alive when making his request for people to comply with copyright. It makes sense that people should do so, and I'm glad that most people complied.

      Unfortunately I think the copyright holder side of the argument went into the "ridiculous" realm when an entire generation can pass on, maybe two, before seeing any material created in their lifetime expire into the public domain. It defeats the whole point of having a public domain, and violates the original bargain struck between creators and users.

      Basically, people have lost a lot of respect for copyright, even if most of them will still respect the principle "I made it, so please don't distribute it without my permission".

    12. Re:Path of least resistance by swilver · · Score: 1

      If copyright law were reasonable copyrights would expire in a reasonable timeframe. The result would be a huge public domain where Eleanor could take her pick of free popular songs.

      This.

      It is the reason why copyright keeps getting extended and retroactively at that. They donot WANT a public domain, simply because it would keep growing and growing until it contains enough material that it will last anyone a lifetime. Just imagine 100's of years of entertainment, with only the last 15 years of it currently "unavailable" because of copyright. What would be the value of the most recent material? It would start approaching zero.

      That's why there will never be any reasonable stance on copyright from the people that stand to gain from it -- the public domain is their enemy, plain and simple. As long as the discussion is about how to change copyright, you will get nowhere. Getting rid of it completely or deciding that our cultural heritage is the sole property of corporations are the only two options.

    13. Re:Path of least resistance by Ltap · · Score: 1

      And here's the thing. If Elanor were such a hot musician, she wouldn't need the sheet music.

      I think you'll find that the only instrument which this is true for is guitar. It's the same reason why classical musicians don't glance at a piece and then play it on the spot - it takes poring over the sheet music with minor modifications and interpretational changes before someone can really play a piece of music the way they want to, not just copy what they heard.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    14. Re:Path of least resistance by mdwh2 · · Score: 2, Informative

      Really, copyright debate boils down to free-loaders demanding free access to everything, and copyright holders demanding restrictions on everything.

      Nice straw man there. Lots of people argue in the middle ground. Even The Pirate Party calls for some copyrights, but with a much reduced limit, as you suggest also.

    15. Re:Path of least resistance by mdwh2 · · Score: 1

      I agree - just because one can strum a few chords of simplistic pop songs, doesn't mean it's easy to work out the music in general, especially of genres that aren't so simple. Some people have that talent, but it's rare.

    16. Re:Path of least resistance by Anonymous Coward · · Score: 0

      Id even take the 28+28 system that was in place from 1909 to 1976.

    17. Re:Path of least resistance by Scrameustache · · Score: 1

      Really, copyright debate boils down to free-loaders demanding free access to everything, and copyright holders demanding restrictions on everything.

      And the copyright holders are freeloaders too: They take from the public domain but refuse to give anything back.

      --

      You can't take the sky from me...

    18. Re:Path of least resistance by yyxx · · Score: 1

      For one, if we are to keep copyright I would want compulsory global RAND licensing

      Traditional US copyright has the doctrine of first sale. So, the free market works automatically: people could buy copies in the US and sell abroad and vice versa. Furthermore, technological protections against copying would automatically void copyright since they prevent content falling into the public domain after the copyright terms are up.

      (Of course, for Europeans to complain that US content costs more in Europe is kind of ironic, given that the current copyright system was basically forced on the US by Europe under the assumption that there would be all this really valuable European content that needs protection against pirating by the un-creative minds of the US. As it turns out, most content people want to see actually comes from outside Europe these days, much of it from the US.)

    19. Re:Path of least resistance by HuguesT · · Score: 1

      This girl is taking auditions. In some of these you need to sing the exact correct song to the last alteration, and Broadway songs can be *hard*. Unless you have Mozart's ear combined with perfect pitch, you are not going to cut it.

  8. Argh, the examples suck by Anonymous Coward · · Score: 4, Insightful

    This composer clearly believes that when someone downloads a copy of his music, it somehow deprives him of something by the examples he gives.

    NEWSFLASH: Not having a screwdriver or a book is not the same as having a copy of your music pirated at all.

    To make his example work, here's how you'd have to phrase it:

    A friend is building a house. He needs a screwdriver. I know a store with only one left at 80% off. I also need that screwdriver. I face a dilemma:

      - Do I let the friend know where he can get that screwdriver for 80% off so he can save the money?
      - Do I buy the screwdriver for myself first, then let him know and lead him to believe he "just missed" it?
      - Do I lie by omission and tell him he'll just need to buy it at full price at a different store?

    You see, that's the problem with suggesting you are deserved future profits. You can't get blood from a stone, and this girl schooled you on that.

    That being said, it is your right to deny her your music. I'm certain she'll find a different composer to idolize (one who either gives away their sheet music free, or one from whom she can pirate) and there's only a small likelihood her "career" will take off so you really don't need to worry that in the future you might have just cut yourself off from an even bigger revenue stream. She obviously isn't going to buy your stuff, because she can't.

    Of course, if you were a little bit smarter, I think you'd have offered to email her a copy if she sent you $4 in an envelope (or even a money order). But your ego is bruised. So sad. In business (and that's what copyright is therefore) there's absolutely no room for feelings; hell, there's barely even room for MORALS nowadays.

    1. Re:Argh, the examples suck by hsthompson69 · · Score: 1

      Mod parent up. What's missing from the equation put forward by the composer is the idea of competition - frankly, if you price an object too high, especially if it's easily copied, you're going to get what is called in the industry euphemistically as "shrinkage".

      The girl should have asked if he would be willing to sell his product at 30 cents a pop if that meant he'd get 100x more sales.

    2. Re:Argh, the examples suck by gomoX · · Score: 2, Insightful

      Missing option:
      - You buy the screwdriver at 80% off and sell it to your friend at full price making a healthy profit in the process.

      --
      My english is sow-sow. Sowhat?
    3. Re:Argh, the examples suck by Anonymous Coward · · Score: 0

      On the Internet you don't need to worry about your friend not having a screwdriver. You can both have one, and continue sharing more screwdrivers with your friends. Just think of all the houses that will be built!

    4. Re:Argh, the examples suck by Anonymous Coward · · Score: 1, Interesting

      Um if I create something that takes a bit of skill like music and its mine to sell the rights to copy etc then why is this guy being attacked because I would have done the same. If I made it and you want to buy it pay me. People would be making fair use copies of cars if the photocopiers existed.

    5. Re:Argh, the examples suck by joe_frisch · · Score: 2, Insightful

      For normal physical goods like say cars, money and goods are a reasonable exchange. If I have money and you have a car, after the transaction, I have a car but no money, you have money but no car.

      For information the transaction is different. If I have money and you have information, after the transaction, I have information but no money, you have money AND still have the information. It is a fundamentally different sort of transaction. This difference is at the heart of most discussions on information sharing / stealing / selling. We want to make it look like a physical good, but it isn't!

      This might require a radical solution. For instance Charles Strouse in "accelerando" suggests a "reputation exchange". where there is a way to track someones reputation / cred on various topics. Reputation acts sort of like information: I can boost your reputation without losing any myself - assuming that the boost was deserved. There are of course a huge number of obstacles to this, but maybe we need to think about more radical ideas.

    6. Re:Argh, the examples suck by Sean+Hederman · · Score: 2, Insightful

      Completely wrong. The fact that copying is free does not make it okay to copy. That was his point. He was discussing HIS property that was being taken without recompense. The fact that he still has a copy is irrelevant. Getting pendantic about his examples and coming up with completely incorrect strawmen is fudging the issue.

      I love the fact that Slashdotters all say that the reason they steal stuff is because they support the artists, and want to protest the big corps. Here we have a real example of an artists struggling to make a living because his work is being stolen, and the comments attack him, revealing the truth, despite all the protestations to the contrary: the reality is hypocrisy, you use the corporations and other excuses to justify outright theft. When your excuses are stripped bare, as in this example, instead of reevaluating your position honestly, you instead attack the complainant.

      I have always despised the MPAA and RIAA, but the comments on this article have done more to convince me that they may have a point than anything else in 10 years.

    7. Re:Argh, the examples suck by Anonymous Coward · · Score: 0

      Or, option 4:

        - I (or my friend) buys the screwdriver, then lends it to the other when they need it

    8. Re:Argh, the examples suck by Anonymous Coward · · Score: 0

      You see, that's the problem with suggesting you are deserved future profits. You can't get blood from a stone, and this girl schooled you on that.

      You can't get blood from a stone, but given that, why should you give something to that stone for which you would expect blood in return?

      That being said, it is your right to deny her your music. I'm certain she'll find a different composer to idolize (one who either gives away their sheet music free, or one from whom she can pirate) and there's only a small likelihood her "career" will take off so you really don't need to worry that in the future you might have just cut yourself off from an even bigger revenue stream. She obviously isn't going to buy your stuff, because she can't.

      You're assuming that this will cause her to boycott his music. That is far from given (young people in general, and people today in general, just don't have the stones to carry off a boycott).

      Of course, if you were a little bit smarter, I think you'd have offered to email her a copy if she sent you $4 in an envelope (or even a money order). But your ego is bruised. So sad. In business (and that's what copyright is therefore) there's absolutely no room for feelings; hell, there's barely even room for MORALS nowadays.

      At no point did she offer to pay money for the music. She only offered excuses for why she couldn't. Why should he be responsible for finding ways around her problem? As far as her feelings, he seemed to be pretty understanding.

      In any case this 'copying information isn't the same as theft of a physical object' horse is tired. Perhaps you should stop beating it? You repeat this as if he never explained how this "sharing" costs him money because the music sold in this way is fully half of his income.

    9. Re:Argh, the examples suck by Anonymous Coward · · Score: 0

      That would not give you any profit--You'd still have to buy the second screwdriver at full price. It's the same as buying the screwdriver on sale and sending your friend to another store.

    10. Re:Argh, the examples suck by jd · · Score: 1

      I would agree that you can't go by physical analogies. I would think that the best place to start is with a barter system and allow an information economy to evolve naturally, just as the physical economy did. That can be problematic, though, as people want results now and you only need to look at blog sites to realize that most people don't have information worth trading. However, it does avoid the problem as person X starts with knowledge X', person Y starts with knowledge Y', and at the end both X and Y have both X' and Y'. It retains the symmetry of the physical system and it is the symmetry that I think is the important part.

      Software-as-a-service won't work either as it is developed only once but can be mass-distributed. Bugfixes may be a service, but they're not on the same scale as the initial design and implementation. Always assuming there WAS an initial design.

      Software-as-a-book (a model Borland came up with) is a reasonable approximation. Books are also only written once but sold to many. But books can be photocopied in part legally (under fair-use rules), whereas outside of Open Source, it's a license violation at best, copyright infringement + DMCA violation at worst, to even inspect the code, let alone extract some percentage for review purposes. Also, whereas when copyright expires, books are free to be repackaged, closed-source software can NEVER be repackaged - well, not until decompilers can translate binaries into sufficiently structured source that it could be sensibly edited and recompiled on another system.

      In lieu of a good idea for an informational exchange system for bartering, I'd say the book model is the best anyone has come up with. However, to do so would mean that closed-source as it exists today would have to be prohibited. (The source code would have to be on file with a public body, so that it could be accessed when copyright expired. Otherwise, the owner retains control even after expiration of rights - an impossibility with books.) It may be possible - certainly many Governments are quite competent at handling the 25-, 50- and 100-year rules for the release of classified and confidential information. Getting any of the corporations to agree - that's another matter.

      In light of the rapid devaluation of computer software, relative to the devaluation of material in books, I'd argue that either the 25-year rule should be applied or a 10-year rule should be developed specifically for information that rapidly decays.

      That's computer software. The article, however, dealt with sheet music. Can we do something similar there?

      I'd argue yes. Sheet music and journals have been covered by "fair usage" rules and book-style distribution systems forever. In the case of journals, it is considered valid to copy 10% or 1 article, whichever is the lesser. For sheet music, I don't recall exactly what the rule is but I would imagine it would be something comparable.

      Sheet music has one complication that no book or journal has, though. You can reverse-engineer a score. I've done so plenty of times. The reverse-engineered form won't be identical to the original, as it is based on a specific interpretation and will also contain any errors in the playing. However, it is arguably the same piece of music. If you were to play that reverse-engineered piece in a public performance, the RIAA would expect royalties even though it was NOT the original. I suspect the composer described would feel the same way.

      On the other hand, it is not only acceptable for papers in a journal to cite other papers and to describe the outcome of reverse-engineered experiments in efforts to duplicate results, it is actually considered highly desirable. University departments get paid according to how many people have copied their work.

      Software can also be reverse-engineered. Thus, in some ways, sheet music and computer software are closer analogies than books are to either.

      At present, the entire music industry is seriously borked. Thus, it is useless to look to sheet music for an answer. Rather, sheet music and software will need to develop a solution in tandem.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    11. Re:Argh, the examples suck by PrecambrianRabbit · · Score: 1

      Right on, man.

      This case seems about as clear cut a case of "artist produced a work, artist would like to be compensated for the sale of that work" as you can get. There are undoubtedly problems with copyright as implemented in the US today, but this case just does not seem to be one of them. I'm totally in the composer's corner on this one.

      Of course, I'd also be tempted to buy a copy of the sheet music and just mail it to the girl. It's $4 lousy dollars, and it really sucks to be a minor in an era of digital transactions.

    12. Re:Argh, the examples suck by BoberFett · · Score: 1

      Really? Is morality simply based on ability to pay? Depending on what numbers you choose to believe the US currently has between 10% and 20% unemployment. Do those unemployed people all deserve to download anything they want for free because they're struggling?

      Sorry, you'll have to do better than that.

    13. Re:Argh, the examples suck by Anonymous Coward · · Score: 0

      One more missing option:
      - You buy the screwdriver at 80% off and rent it at the cost of your gas consumed visiting the store plus a coffee or share the thing after your immediate needs have been satisfied.

    14. Re:Argh, the examples suck by Eivind · · Score: 4, Insightful

      He's not discussing "his property".

      He is discussing his copyrighted work. The two concepts are not the same, infact they are not even similar in any sense I can think of. So meaning one, and naming the other, serves no purpose other than to muddle the waters.

      This particular muddle, pretending that an expression or an idea can be "property" is particularily popular among those who would like the law to extend the same rights as it does for property.

      Unlike property - ideas and expressions can be copied effortlessly. Unlike property, control of an idea or expression EXPIRES, after a certain (currently way too long) time. Unlike property, I can take your idea, without depriving you of it.

      He is -not- discussing his "property". He *is* discussing his copyrigthed work.

    15. Re:Argh, the examples suck by bryonak · · Score: 2, Insightful

      He was discussing HIS property that was being taken without recompense.

      It is not his property.
      Let's go step by step.
      If we're in a flood and I discover a way (idea) of keeping my house dry, how should you not be allowed to do the same after seeing it?
      If I say something smart/funny (art), there is no natural mechanism that prevents you from tell it to others in order to get them to like you (~profit).
      If I conceive a cool tune (music), you don't have any natural right to control how people think and communicate about it (one person singing it to another).

      We have instead created an artificial one (which is a good idea really), allowing you a limited, government-granted licence to be the sole distributor of this work. But keep in mind, this has absolutely nothing to do with property. Copyright, patent and trademark laws behave orthogonal to property laws (buying, stealing, lending, etc.), they are treated differently in the courts and in day-to-day life. You simply cannot unify them.

      Music, art and ideas are, despite what the "big corps" want to make you believe, explicitly non-property.

      Now it's obvious that many regard the copyright system (after all that "big corp" lobbying) as broken, bad and rotten.
      And with the notion that democracy is supposed to follow the will of the people, I'll leave you with a few quotes to ponder.

      "An unjust law is no law at all" - St Augustine

      "One who breaks an unjust law must do it openly, lovingly...I submit that an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law." - Martin Luther King

    16. Re:Argh, the examples suck by vonFinkelstien · · Score: 1

      I can see why you posted as AC. How you can interpret the article the way you did boggles my mind.

    17. Re:Argh, the examples suck by mabinogi · · Score: 2, Insightful

      For information the transaction is different. If I have money and you have information, after the transaction, I have information but no money, you have money AND still have the information. It is a fundamentally different sort of transaction. This difference is at the heart of most discussions on information sharing / stealing / selling. We want to make it look like a physical good, but it isn't!

      and that is why his sheet music costs $3.99, not $39,000

      --
      Advanced users are users too!
    18. Re:Argh, the examples suck by Anonymous Coward · · Score: 1, Insightful

      It is not his property.It is not his property.

      Yes it is, the law says it is.
      Everything else is irrelevant

      Don't like it? Change the law.

      Or choose to flaunt it, fully aware that you are breaking the law and that there are consequences for that.

    19. Re:Argh, the examples suck by Raisey-raison · · Score: 2, Interesting

      Completely wrong. The fact that copying is free does not make it okay to copy. That was his point. He was discussing HIS property that was being taken without recompense. The fact that he still has a copy is irrelevant. Getting pendantic about his examples and coming up with completely incorrect strawmen is fudging the issue.

      I love the fact that Slashdotters all say that the reason they steal stuff is because they support the artists, and want to protest the big corps. Here we have a real example of an artists struggling to make a living because his work is being stolen, and the comments attack him, revealing the truth, despite all the protestations to the contrary: the reality is hypocrisy, you use the corporations and other excuses to justify outright theft. When your excuses are stripped bare, as in this example, instead of reevaluating your position honestly, you instead attack the complainant.

      I have always despised the MPAA and RIAA, but the comments on this article have done more to convince me that they may have a point than anything else in 10 years.

      You call copying 'outright theft'. The concept of copyright is an abstraction. Its length and terms are very arbitrary and have historically varied from 7 to 100 years as have the its conditions. The basis for it is that it enables a societal good of an increase in creative works. So it's a law with a reason that does something very unusual. It takes away people's liberty much in the same way as requiring everyone's house in a neighborhood to be painted a specific color.

      In the same way as violating such a zoning law in NOT vandalism similarly violating copyright law is not theft. If the law is in place where its reason d’être does not apply it can hardly be called immoral. There have been numerous studies showing that both the length and the terms of copyright are far too onerous. 7 - 14 years justifies the original purpose of copyright. No more. And the ridiculous extremes to which copyright is extended also need to be trimmed. In fact when the justification for copyright does not apply then preventing people from copying things is utterly tyrannical and evil.

      So in fact if there is any thievery it is some person collecting fees on a work 45 years later after it was created. By forcing people to pay for something that they ought no longer to pay for (eg a Beetle's song) the artist/corporation is in fact doing the stealing. They just have legalized it by donating tones of money in campaign contributions to various politicians and have bought them off. Ooh and guess where that money came from - from regular folk being stolen from! And I hope you aren’t saying that it was theft to copy something after 50 years in 1960 when that legal. Or does the law determine theft so that if the terms of copyright get longer then what is ‘theft’ changes too? If copyright terms were lengthened to 10,000 years would copying an ancient Greek play also be theft?

      Third, the process of copyright itself is full of abuses. You don't get to negotiate what to pay with each artist to play a song on the radio. No, it's fixed by statute. Ever heard of anti trust? Has it occurred to you that these set prices are too high? Or would you say that any price no matter how high is morally justifiable? What about the fact that if you stream it on internet radio it's way more money? Now that is really theft! Why after paying copyright fees to broadcast it on the radio must a hairdresser pay again to have a radio for their customers? They are double paying. How comes the copyright owners never admit this is theft? hmmm?

      Finally by talking about how it’s so obvious that the use of copyrighted materials is theft you forget that there are other values that need also to be balanced. Just because you own a piece of land with a river running through it does not give you the right to pollute the river without limit similarly there are limits to the moral right of any intellectual property. People have a

    20. Re:Argh, the examples suck by debrain · · Score: 1

      He's not discussing "his property".

      He is discussing his copyrighted work. The two concepts are not the same, infact they are not even similar in any sense I can think of. So meaning one, and naming the other, serves no purpose other than to muddle the waters.

      Sir –

      Some food for thought:

      Property is proprietary interest, whether copyright or otherwise, enforced by the state's monopoly on force under the rule of law. Ones exclusive proprietary right to a house or a car derives from the same rule of law – legislation and Courts – as does ones right to proprietary interest. Exchanging money for the deed to a house and working to create a copyright are both interests the state wishes to protect: business certainty and reward for effort. Effort of copying is a poor measure of property – car and home ownership passes by title – which can be transferred effortlessly by changing the numbers and names in a computer.

      You are correct in asserting that taking copyright does not deprive the owner of their copy. However, there is putatively or ostensibly, depending on the case, a loss of enjoyment (for the purpose of licensing for profit or otherwise) by the copyright holder. Thus copyright infringement is more like trespass – you may argue that having someone sleeping on their lawn doesn't deprive the landowner of his right to that property (notwithstanding squatters rights), ergo there is no loss, and as such people should be allowed to sleep in anyone's lawn. However the property owner can argue that he/she has lost the enjoyment of their lawn, for which that have dutifully paid for the exclusive right to.

      So three points of interest:
      1. Copyright is "property" inasmuch as any other definition of state-sanctioned proprietary interest;
      2. Infringement on copyright is not a "theft", as you say, because there is no loss of the property by the owner;
      3 Copyright is analogous to trespass – the owner loses their proprietary interest in exclusive (or licensed) enjoyment of their works, without permission.

    21. Re:Argh, the examples suck by sandertje · · Score: 1
      Hmm... interesting observation. It is, however, flawed in the details.

      Devising a system with a different currency for information sure as hell is necessary. The radical solution however, is not reputation exchange. Because then you'll come to the age old question of what's good and what's bad. In each culture, one's reputation would depend on different factor. Even factor that would up the reputation level in one place, would downgrade the reputation in the other. Not very useful in terms of international trade. However, I quite like the idea of something other than money the currency. I'd propose something more or less like the following:

      People start out with a given number of credits/kudos/whatever-you'd-like-to-call-it. To get some kind of information you'd need to sacrifice a given number of credits. Giving information away would lead to receiving some a certain amount of credits. So in order to keep receiving information you need to GIVE information away as well. In such a way you prevent people from downloading huge amounts of data without giving something in return. On the other hand, you would ensure content creators give their information away, because otherwise they would not be able to receive information in the future (and everybody wants/needs information, right?). To ensure this not falling into a normal money system, one could propose a system where the cost of receiving is lower than the benefits of giving. So one would need to give more information than one receives to keep a positive account balance. Say person A and B have both have 1000 information credits. Persons A has some information that person B wants. Person B " sacrifices" 750 credits to get this information, while person A only receives 500 credits in giving this information. For person B to keep receiving information from person A, he has to give away his acquired information to another person (person C). It might seem like a normal money system, but whereas the usual systems focus on "acquiring as much as possible" this information-credit system more focusses on "giving as much as possible". Entirely different economy.

    22. Re:Argh, the examples suck by lawpoop · · Score: 1

      This might require a radical solution. For instance Charles Strouse in "accelerando" suggests a "reputation exchange". where there is a way to track someones reputation / cred on various topics. Reputation acts sort of like information: I can boost your reputation without losing any myself - assuming that the boost was deserved. There are of course a huge number of obstacles to this...

      Yeah, like how to buy food or pay rent with reputation.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    23. Re:Argh, the examples suck by dfghjk · · Score: 1

      "This composer clearly believes that when someone downloads a copy of his music, it somehow deprives him of something by the examples he gives."

      And he is right. Control over copying of his works is what is being deprived of him.

      "You see, that's the problem with suggesting you are deserved future profits."

      Nowhere did the author suggest that.

      "That being said, it is your right to deny her your music."

      The author did not deny her his music. He neither prevented her from obtaining future music nor requested that she give up illegal copies that she had. He simply asked her to stop violating his rights.

      "I think you'd have offered to email her a copy if she sent you $4 in an envelope (or even a money order)."

      Did it occur to you that perhaps he doesn't desire to be a store or perhaps doing so might actually be a violation of a contract?

      "Of course, if you were a little bit smarter..."

      Listen to you!

    24. Re:Argh, the examples suck by dfghjk · · Score: 2, Insightful

      "The girl should have asked if he would be willing to sell his product at 30 cents a pop if that meant he'd get 100x more sales."

      It's not the girl's place to challenge his business decisions. Who says competition is missing from the equation? Just because she wants it for free doesn't mean he has overpriced anything.

    25. Re:Argh, the examples suck by joe_frisch · · Score: 1

      Food and rent are normal physical goods and can be bought and sold with conventional money. The "reputation" exchange, or some other type of currency would be a parallel system.

      I don't think the system I mentioned would work - I'm just presenting it as an idea of a different sort of currency for the purpose of discussion.

    26. Re:Argh, the examples suck by lawpoop · · Score: 1

      I agree that we need some out of the box thinking, but I feel that proposing systems that just won't work are counter-productive to drawing people into serious discussion. The 'status-quo' defenders always have the making-a-living argument, and if new ideas don't take that into account, they seem irrelevant.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    27. Re:Argh, the examples suck by joe_frisch · · Score: 1

      One way to encourage out of the box thinking is to present some ideas that are flawed, but might be on the right track. In this case I think we need something that is fundamentally different from money for exchanging information.

      I use "reputation" as an example because though its flawed, it has some of the right features. We see in discussion groups like this, on wikipedia, and in freeware development that people will go to a lot of effort to gain public acclaim.

      We see that famous people can get all sorts of perks based on that fame, not on their money. For example, I doubt that well known athletes ever need to buy their own shoes. Well known people are often flown around the world and put up in nice hotels in return for their speaking.

      I'm not saying this is the solution, but it feels like it might point in the right direction

    28. Re:Argh, the examples suck by hsthompson69 · · Score: 1

      The prevalence of "shrinkage" is de facto evidence that the price is too high.

      The girl, as an example of the marketplace, has every right to challenge his business decisions. If he prices his product too high, people are going to avoid paying for it when they can. She's just another one of those people.

    29. Re:Argh, the examples suck by gilroy · · Score: 1

      I want a pony. Should the vast mechanism of the state be deployed to secure me a pony? Just because I want one?

    30. Re:Argh, the examples suck by Anonymous Coward · · Score: 0

      This is exactly why the US copyright system sucks. They're trying to treat non-property as property.

      GGP says "HIS property that was being taken without recompense." when clearly nothing was taken but there was a copy made.

    31. Re:Argh, the examples suck by DJ+Particle · · Score: 1

      I have always despised the MPAA and RIAA, but the comments on this article have done more to convince me that they may have a point than anything else in 10 years.

      Flaw in argument. This is the artist himself requesting the takedowns, and as was revealed in the story, most of the file-sharers complied (as Eleanor described she could no longer get the music, she was obviously the exception among the file-sharers). This is a far different outcome than when the MPAA and RIAA are the ones requesting the takedowns.

      The main problem with the MPAA and RIAA is that they do not support the artists as much as they want you to think they do, and many artists have realized that and gone independent (Radiohead, Pearl Jam for examples). In many cases, especially the "recyclable pop act flavor of the year" type, the artists only get pennies on every album sold.

      These organizations also want to get a piece of the indies too. How many times have we heard stories of ASCAP shutting down bars that only play indie music?

      Basically, the artist himself has a point here, complying with the request directly helps the artist. MPAA and RIAA don't, and complying with them won't make a financial difference at all to the artists at large, only to the nameless faces of the organizations. And that is a huge factor in the rate of compliance.

    32. Re:Argh, the examples suck by ceoyoyo · · Score: 1

      "This composer clearly believes that when someone downloads a copy of his music, it somehow deprives him of something by the examples he gives."

      No, I think you missed the point of his argument. Perhaps he chose poor examples, but overall it seems his belief is that when someone offers a copy of his music for free it deprives him of something (the ability to make money selling his music). I would think it's pretty obvious that's a reasonable belief.

      I think there are certainly areas where copyright law is abused, but this doesn't seem to be one of them. This composer has made his work available at a reasonable price ($3.99 for sheet music is a bargain) and in a convenient form (DRM free download). A composer can't exactly go on tour like a musician can. Finally, he's politely asking people to stop, rather than suing them, and is going after the producers of illegal copies, rather than the consumers.

    33. Re:Argh, the examples suck by ceoyoyo · · Score: 1

      We pay people for services all the time. The asymmetry you describe in information exchanges also exists in service exchanges. If I pay a kid to mow my lawn, at the beginning of the exchange I have money and an unmowed law, and the kid has the ability to mow a lawn. At the end I have a mowed lawn and no money and the kid has money AND the ability to mow a lawn.

      If it makes you feel better, consider information exchange as an exchange of time for money where the provider has invested the time up front.

    34. Re:Argh, the examples suck by joe_frisch · · Score: 1

      Its not quite the same. The cost to produce information doesn't depend on the number of users of that information. (not counting distribution and support costs). If I write a new piece of software, it doesn't change my costs if 10 or 10 million people use it. If I am providing a service, it takes more effort to mow 2 lawns than to mow one.

      What the "kid" is selling is not the ability to mow lawns, but the mowing of this particular lawn.

    35. Re:Argh, the examples suck by ceoyoyo · · Score: 1

      It's not quite the same, but it's a lot closer. Nobody would argue that the kid shouldn't be forced to mow the lawn without being paid. Current copyright and patent laws suggest that authors, composers and performers should be compensated for the services they provide, but places limits on that compensation, usually in the form of a copyright or patent term.

      If you prefer, consider a custom manufacturing company that sets up a metal shop. They invest a lot of money and time into buying or making and calibrating high tech automatic metal working machines and decide to offer machining services.

      You bring them some metal and ask that it be machined to your specifications. Unless they're actually swamped with work their cost isn't affected by whether or not they do your job - you've provided all the raw materials and only the machine's time is taken up, time during which it would sit idle anyway. Should the machine shop owner charge you?

      If you think that's an unrealistic situation, there are lots of examples of service providers that hire and pay employees regardless of whether they have enough work to keep those employees occupied. Their costs are the same whether they have customers or not.

    36. Re:Argh, the examples suck by joe_frisch · · Score: 1

      If the cost of labor and wear and tear on their machinery is low, the shop might do the job form much lower than their typical rate. It would depend on how you negotiated the contract. Presuming there were other machine shops in the area, this particular shop would presumably cut their price to just below what their competitors could offer. This is also an unusual situation, a shop that often found themselves with unused labor or equipment would downsize, or go out of business.

      In this case, what makes information different is that the holder of the information has a monopoly on that particular piece of information.

      BTW - I'm not at all suggesting that it is OK to trade information, I am in favor of strong intellectual property rights. I think that trying to buy information for money results in global inefficiencies.

    37. Re:Argh, the examples suck by PrecambrianRabbit · · Score: 1

      I don't get this attitude at all. Surely you can see a difference between "I want a pony give me one" and "I created a work of art, and would like you to pay me for a copy of said art, should you want one."

    38. Re:Argh, the examples suck by ceoyoyo · · Score: 1

      The shop might cut their rates, but nobody would expect them to take non-charity jobs for free. We'd also feel it was unfair if a big chain shop moved in and started giving away their services, at a loss, until the little guy went out of business.

      Similarly, this guy doesn't have a monopoly on his product (sheet music for broadway musicals). If he prices himself out of the market, nobody will use his stuff.

      Your point is well taken - intellectual "property" isn't exactly like anything else we buy or sell, but the naive comparison with physical property that a LOT of people make is misleading. If you make the comparison to a service the analogy is a lot closer. I think your point about IP being something you can continue to sell forever is the key difference - copyrights and patents must offer the possibility for creators to make a profit, but must be limited to some reasonable term so that they can't go on re-selling their creation forever. Just like a service provider, they are compensated for their time, but at a fair rate.

    39. Re:Argh, the examples suck by Sean+Hederman · · Score: 1
      Look at the comment above, he makes an interesting comparison between IP and for example your lawn.

      If a hobo chooses to sleep on your lawn, then you have not lost it, so why should you be entitled to have him booted off?

    40. Re:Argh, the examples suck by khakipuce · · Score: 1

      Have you thought about it in terms of property? If you think of land, it is often leased. The lessor pays for the use of the land, possibly even improving it in some way, but at the end of their lease they have no money and no land (except any profit they made from the use of the land).

      For commercial artists, copyright provides a similar transaction - I write a song, you sing my song and earn money from it, when you stop singing my song you have what ever profit you made I still have my song.

      What seems to vex people is having to pay a copyright holder for non-commercial use, and indeed most copyright laws allow for things like educational copying but they do not provide for other forms of non-commercial use.

      May be a solution to this is that the rights holder gets either a percentage of profits (hard to enforce) or a much bigger fee for each performance, but we get the the right to copy for non-commercial use. Of course we would then pay more to go to gigs and bars playing music, sports, etc. but the choice is there.

      --
      Art is the mathematics of emotion
    41. Re:Argh, the examples suck by joe_frisch · · Score: 1

      There are some similarities, but also some big differences. If I lease you land, while it is leased I can't make any other use of it. If I sell you rights to my information content, I can still use the information myself, and sell the same information to other people.

      To be clear, I'm in no way saying that information should be free, just that it behaves differently from other goods and a new approach is probably needed.

    42. Re:Argh, the examples suck by bryonak · · Score: 1

      One more analogy that fails because of the difference of physical goods and virtual concepts.

      If a "hobo" sleeps on your lawn, you can not: use the part where he sleeps on, mow over that spot, sell your lawn (has to be "presentable"), etc.
      If someone makes a copy of a song you've created, you can still: sell copies of that song, sell the song (rights), change it in whatever way you wish, etc.

      I'm not saying that downloading the song is not bad or not illegal, but isn't it obvious that someone sleeping on your lawn constitutes an order of magnitude more "damage" to you than someone copying a song?

    43. Re:Argh, the examples suck by bryonak · · Score: 1

      Crossposting from another branch because this got linked there. You make well reasoned points, but I think your analogy fails because of the difference between physical goods and virtual concepts.

      ---

      If a "hobo" sleeps on your lawn, you can not: use the part where he sleeps on, mow over that spot, sell your lawn (has to be "presentable"), etc.
      If someone makes a copy of a song you've created, you can still: sell copies of that song, sell the song (rights), change it in whatever way you wish, etc.

      I'm not saying that downloading the song is not bad or not illegal, but isn't it obvious that someone sleeping on your lawn constitutes an order of magnitude more "damage" to you than someone copying a song?

    44. Re:Argh, the examples suck by Sean+Hederman · · Score: 1

      Not necessarily. Myself and my business partner have laboured for three years on a software product. Should someone take it without paying us, it would be many orders of magnitude more damage than someone sleeping on my lawn.

    45. Re:Argh, the examples suck by Sean+Hederman · · Score: 1

      My point was around the comments on this thread. The RIAA and MPAA claim that many people are outright thieves, who would NEVER pay for work, and thus deserve to be prosecuted. This thread validates that claim. When faced with an outright wrong, an artist who is struggling to be compensated for his work, the comments attack the artist and support the thieves.

      The rest of the RIAA and MPAA can go hang, but this is a fundamental point that Slashdotters always say they're mistaken about; claiming that people WOULD pay if it was clearcut case involving a struggling artist. When such a case is presented, Slashdotters rally AGAINST the artist and for the thieves. Hypocrisy, and playing right into the hands of these vile organisations.

    46. Re:Argh, the examples suck by Sean+Hederman · · Score: 1

      Copyright is not exactly theft, no, as mentioned elsewhere it is more akin to trespass on chattels. Nonetheless it is serious, and not a minor misdemeanor as you are trying to imply. Copyright DOES increase societal good, since it ensures (along with patents) that information in our society is not lost in desperate attempts to keep monopolies via trade secrets, such as used to happen in the Middle Ages.

      I agree completely that the duration of copyright is far too long. 7-14 years seems like an adequate duration for most scenarios. I guess there could be some cases where an exception might be made, but that's what the courts are for. I don't see why a copyright holder shouldn't have to argue in front of a judge for an extension. There are also many abuses, and a reform of copyright is a good idea, absolutely.

      Nonetheless, we are not discussing a case of a 50 year copyright, nor are we discussing a case of a corporate claiming for someone else's copyright. Nor are we discussing a case rife with abuses, or rivers or any other pretty analogy.

      We are discussing an artist who wants to be paid for hard work he has performed, and, without such payment, wants people to stop using his work. THAT is the issue at hand in this case, and flying off into tangents on which we all agree does not address the central point of this argument: SHOULD this artist be allowed to enforce his will in this case?

      Do YOU believe he should?

    47. Re:Argh, the examples suck by Raisey-raison · · Score: 1

      If there was sufficient sheet music available out of copyright in the public domain I highly doubt that this artist would be arguing with this teenager. Quite simply people who could not afford to pay would have other options. You cannot separate this cases from copyright law in general.

      (If copyright law existed for 7-14 years with more reasonable fair use exceptions and this composer still had problems I would of course take an entirely different attitude.)

      One last point. Even Jason Robert Brown is not so innocent. He first performed 'Songs for a New World' in 1995. (14 years are up on that.) He still collects royalties on that. Don't the people paying royalties for that in 2010 deserve their money back? Isn't he now the 'thief'? We cry wolf saying he is being ripped off when he is doing the same to others simultaneously.

    48. Re:Argh, the examples suck by bryonak · · Score: 1

      The devil is in the details.

      I hope you don't assume that you would have made any money if said someone wouldn't copy the program in question. Because in the vast majority of cases, I assert that you wouldn't :)

      Nevermind, you have a point there, I'm a programmer myself.

      What we get out of this is: depending on how you see it, trespassing is more or less bad than copyright infringement. It is however not analogous, which is my first point in the posting above.

  9. A Little Too Late by Anonymous Coward · · Score: 5, Insightful

    The problem is that small time composers/musicians/artists want to play both sides. They align with the large distribution channels when it suits them. They don't speak out when the RIAA sues everyone and their brother. They don't stop licensing their music through ASCAP. They don't get involved when their historical distributors fail to adapt to changes in technology. They continue to feel they "own" their creation (vs. actually owning a very specific, limited, license granted voluntarily by governments). They don't stand up against DRM. They don't stand up for consumer's rights.

    So, essentially, I don't believe for a second, that he is "just a guy trying to make a living." He is manipulative; he is self-centred, and, now that is suits him, he is trying to play the role of the innocent bystander.

    You made your bed, now lie in it. You had a chance, back when Napster was new, to change things. You failed to act then. Now, you are reaping the rewards -- or lack thereof -- of you short-sightedness. You (in collaboration with your fellow musicians) could have made easy, legal, inexpensive, distribution of music the standard. Instead, you chose to split it between expensive, legal, and restrictive and cheap, illegal, and easy.

    So, in summary, fuck off; where were you 10 years ago, when you could have *actually* changed things.

    1. Re:A Little Too Late by drosboro · · Score: 2, Interesting

      So, essentially, I don't believe for a second, that he is "just a guy trying to make a living." He is manipulative; he is self-centred, and, now that is suits him, he is trying to play the role of the innocent bystander.

      Heh... I'm doing a show by JRB right now (The Last 5 Years), which is an autobiographical sketch of his failed marriage. It was, in fact, so autobiographical that his ex-wife sued over it. Interestingly, the male character in the show is completely manipulative and self-centred.

      So, at least he knows it! :)

    2. Re:A Little Too Late by Anonymous Coward · · Score: 1, Interesting

      Heh... I'm doing a show by JRB right now (The Last 5 Years)

      You wouldn't happen to be the pianist, would you?

    3. Re:A Little Too Late by Anonymous Coward · · Score: 1, Informative

      I have n remorse over screwing the Lables over - it's not like the artists see much of the money anyway. The lables are screwing us over copyright in the first place.

    4. Re:A Little Too Late by Anonymous Coward · · Score: 0

      Interesting that the attitude about composers was used against Steven Foster 150 years ago. He never made much money and eventually died early due to it. Back then the copyright laws were an absolute joke.
      (For details go to the show at My Old Kentucky Home in Bards town Ky). Consider that he got all of $100 for O Susana. Before his time, musicians needed a patron, or a job that required writing music
      such as Bach at the Leipzig Churches, or Hayden working at Esterhazy. Back then it was truly starving artist time. Most musicians at this time worked for the church or a nobleman.
      Given the way things are going music will soon be back to a few folks at the top and everyone else waiting tables.

    5. Re:A Little Too Late by Sean+Hederman · · Score: 1

      She was asking for it in that dress...

    6. Re:A Little Too Late by Anonymous Coward · · Score: 0

      Uhh huh huh. I just "stole" all your works, dude. I'm making copies for all my friends. Get used to waiting tables.

    7. Re:A Little Too Late by DJ+Particle · · Score: 1

      I'm a (very) small time comedy musician...basically I only usually end up selling my music to a circle of friends in the comedy music community at large. Even if it means I remain at this level for the rest of my life, I will never join any outside agency like the RIAA or ASCAP or etc We need more musicians with that attitude IMHO. Sadly a few of my colleagues have not adopted that attitude, and it pains me whenever I hear of another musician I personally know deciding to join up. -.-

    8. Re:A Little Too Late by Anonymous Coward · · Score: 0

      I'm glad these sweeping generalizations were modded to 5, insightful. Because there's no chance that this guy or any "small time composers/musicians/artists" could possibly have wanted things to play out differently and worked or continue to work for such a cause.

      Also, has it occurred to you that perhaps 10 years ago some of these people were kids?

    9. Re:A Little Too Late by qnetter · · Score: 1

      Since the Napster "solution" is exactly what DOESN'T work for artists like Brown, your point is ridiculous. (Or, in terms you'd understand, go fuck YOURSELF.)

      The entire "free software/content/etc." argument is predicated on the notion that we should all be laborers, compensated only for our time spent creating, and not for the enjoyment of that creation.

      There's a name for that system: patronage. Luckily, it went out of favor centuries ago.

    10. Re:A Little Too Late by Anonymous Coward · · Score: 0

      If you don't like the RIAA, then don't buy music from any artists on RIAA labels, but that doesn't give licence to make illegal copies either. Demonstrate your rejection of that business model by only buying from real independent labels (Magnatune for example).

    11. Re:A Little Too Late by TheTyrannyOfForcedRe · · Score: 1

      It's especially entertaining to hear friends whine that their music is all over p2p and then justify the thousands of dollars of pirated music software, effects plugins, and sound libraries on their PC's. They all have gigs of pirated music and movies as well. Gotta love humans!

      --
      "Liechtenstein is the world's largest producer of sausage casings, potassium storage units, and false teeth."
    12. Re:A Little Too Late by Anonymous Coward · · Score: 0

      Dear AC,

      1) I guess you'd prefer he use BMI or SESAC? Do you have the slightest clue what ASCAP and these other two Performing Rights Organizations do or did you just copy/paste something you read on the angry little boy discussion board?

      2) When did it become manipulative or self-centered to ask that people pay you for the things you work hard to produce? In this case, his customers are even using his work to further their own careers ... are they also selfish and manipulative for expecting that they be paid?

      3) What exactly was he supposed to do 10 years ago?

      Jason sounds like a hard working person who's just trying to pay his bills. You sound like a child. Who do you think is going to sway opinion?

    13. Re:A Little Too Late by Anonymous Coward · · Score: 0

      You fuck off, you talentless little piece of human garbage. Theft is theft, it's not more complicated than that. What other crimes do you rationalize?

  10. Re:No. by Securityemo · · Score: 1

    Just to clarify - when I say "you" I mean content producers in general. I've never head about Jason Brown before.

    --
    Emotions! In your brain!
  11. Eleanor is breaking the law by DaveV1.0 · · Score: 1

    This website is not even technically illegal. Since the music is never actually uploaded onto the site and is sent via email from one user to another, I'm breaking no law by participating in it.

    While the website is not breaking the law, Eleanor is breaking the law when she sends a copy of the sheet music via email. She is making an unauthorized copy, which is a violation of copyright law. There is no fair-use defense for what she is doing.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:Eleanor is breaking the law by lolbutts · · Score: 1

      I think the issue is that she is distributing an "unauthorized copy", not that it is being made. (At least in the US, she would be free to email the music to herself. It's the willful act of giving it to someone else that is the problem.)

    2. Re:Eleanor is breaking the law by DaveV1.0 · · Score: 1

      No, she is both creating and distributing an unauthorized copy. While she could legally email it to herself, that is not what she is doing. She is creating an unauthorized copy for distribution and then distributing it to the other person. She said as much.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    3. Re:Eleanor is breaking the law by Abcd1234 · · Score: 1

      She is making an unauthorized copy, which is a violation of copyright law.

      Actually, the important bit is that she's *distributing* an unauthorized copy. She's perfectly free to make and immolate as many copies of the sheet music as she would like. However, the minute she hands one of those copies to a friend, she's violating the law.

    4. Re:Eleanor is breaking the law by DaveV1.0 · · Score: 1

      But, ITFA she states that she is making the copy for distribution AND is distributing it. Specifically, she is sending the copy as an email attachment to another person. As soon as she hits send, she is violating the law. That is point I am working from.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    5. Re:Eleanor is breaking the law by Abcd1234 · · Score: 1

      But, ITFA she states that she is making the copy for distribution AND is distributing it.

      Yup, agreed, my post was just terminological nitpicking. *shrug*

    6. Re:Eleanor is breaking the law by Anonymous Coward · · Score: 0

      So, basically, you were being a dick.

  12. We need a better way of compensating creators. by Anonymous Coward · · Score: 1, Interesting

    What tends to get lost in this debate, is where does the money go? No one seriously disputes that the creator has a right to be compensated. In fact he/she should be be able to set his/her own level of compensation. But where does the number $3.99 come from? If Mr. Brown really is all that popular why not $39.99 or $0.99? How much of the $3.99 goes to Mr. Brown and how much to the dead tree outfits that print his stuff?

    In arguing about how to protect the $3.99 price we overlook the main issue which is not how to protect the publisher of the $3.99 sheet music, but how to protect the creator of the song.
    If there were a foolproof way (Apple iTunes like?) that Mr. Brown could publish his music in digital format and be certain of getting paid for it, we would not need to rely on publishers and libraries.
    Mr. Brown could charge whatever he wanted for his music; he could adjust the price up or down depending on demand; HE could be in control of how, when, and for how much his music sold for, and not rely on publishers.
    But the discussion never seems to get to that point. In most peoples' minds there are only two choices; obey the RIAA/MPAA lobby or steal it.
    We need something better.

  13. Re:No. by blackraven14250 · · Score: 3, Insightful

    "I'm a part of the problem, yet since I'm not the only one, I don't feel bad about screwing you over."

    -Securityemo, paraphrased

  14. Re:No. by Anonymous Coward · · Score: 0

    ...says the guy who's never created anything in his life.

  15. short story: by Anonymous Coward · · Score: 5, Interesting

    Amazing. slashdot is of course a tough crowd for proprietary IP advocates. Here's my own story. My ten year old got a CD from a friend who is a record producer in Hollywood. He liked it and wanted to make copies to give a few friends. I advised that he ask the producer for permission to do so. The producer, bein' from Hollywood an' all, of course said no. If they wanted a copy they could go to the music store and buy one. So my son, disappointed, did not share it with his friends, stopped listening to it, and no additional copies were ever made. OR SOLD! The fallacy seemed to be the belief that the kids would rush out and buy the CD if they couldn't get it for free. Of course they didn't. They went home and played with their Wii. The album died on the junk heap of history, as most do. And without at least a half a dozen potential ardent young fans.

    1. Re:short story: by mr_walrus · · Score: 5, Insightful

      the producer lives or dies from his choices, however they are his choices not yours or anyone elses.

      trying to sugar coat the behavior as "helping the creator" of a work
      is just that sugar coating. it is still shit you are doing.

    2. Re:short story: by MagicM · · Score: 1

      And all that happened per the (I assume) copyright holder's wishes. All you can do is inform the producer and maybe next time he'll decide to let you distribute a couple of copies. For now, just because it may have been in the producer's best interest doesn't give anyone the right to make that decision for him.

      Kudos to you for educating your son and kudos to him for not going behind your back.

    3. Re:short story: by Psychochild · · Score: 1, Insightful

      As others have pointed out, it was the record producer's decision to make. Obviously the friend knew the value of free samples: he gave the CD to your son; I think he also knew that letting copies be made freely might not help him achieve his goals. I'll also point out that there are other ways to share music besides making a copy of a CD: lend the CD out, play the CD in a music player while friends are visiting, or even buy a copy of the CD for friends if it's available for sale. All legal, all ways to share the music without breaking the law in most jurisdictions. When I was a kid I recommended a lot of console games to my friends using these methods, back in the dark ages before emulators and widespread piracy on consoles.

      You know, fans are great and I love all my fans, but it takes money to pay the rent and eat. Half a dozen *potential* fans who won't fork over cash even on a friend's recommendation aren't necessarily all that valuable, even if it is uncool to say "no, please don't freely distribute my work."

      --
      Brian "Psychochild" Green
      MMO developer's blog
    4. Re:short story: by clarkkent09 · · Score: 1

      You are possibly describing a special case where an unknown publisher might be better of giving some free samples initially to get his name out. That's a pretty common marketing practice. Still it's the producer's right to decide whether or not that is in his interest or not. Maybe your case applies generally, and all the movie/music/software/book publishers are being idiots for spending so many millions on enforcing copyright protection when they would be better off letting anybody copy and share their products however they like. I don't think so, but maybe. Still, their decision and your son did the right thing by not going ahead and sharing it anyway.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    5. Re:short story: by epp_b · · Score: 1

      You've obviously never created anything original.

      Neither have you, obviously.

      Bands don't make money on albums anymore, they make it on live performances and merchandise.

      It's human-nature to be social with each other and share things that we like. If you're going to prevent from sharing something that I like because you have some arbitrarily-defined control over it, I'll go find something else that I like and share it instead.

    6. Re:short story: by Kitkoan · · Score: 1

      It worked for Prince.

      From the linked article:

      Prince was reportedly paid $500,000 over and above the royalties for each CD — typically around 10%. Considering that his last album, 3121, sold only 80,000 copies in the U.K., this deal may have earned him more than eight times as much.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    7. Re:short story: by zenasprime · · Score: 1

      sure because if you give away your recorded music ($20) to all your fans you could possibly entice them to come to an even more mind blowing concert, where they are willing to spend money on not only the tickets (say $50), but also perhaps the T-Shirt ($20-$50). Maybe they like you so much that they go to more then one concert in a year (another $50 + new T-Shirt $20-$50). And hey, you come around again the next year playing the same tracks ($50 + yet another T-Shit at $20-$50). If they are really popular, perhaps they can televise it on Pay per View to all those fans who couldn't get around to attending the live show even!

      "But what about all those poor record company employees that don't get to make any money... Well perhaps they can get jobs designing T shirts, promoting the Acts, dishing out the hot dogs and beers, or if they are really desperate, pushing the broom at the concert hall.

      See how that all works?

    8. Re:short story: by physicsdot · · Score: 1

      Bands don't make money on albums anymore, they make it on live performances and merchandise.

      I take it then that you have a solution for all the writers out there? It is all very well for you to talk about your rights and beliefs as being a social enterprise when at the end of the day, you get your free copies of books and songs. But what's the morality of the situation when the creator of those works is poorer than you? Doesn't that make you just another guy living life off the backs of the poor?

    9. Re:short story: by Anonymous Coward · · Score: 0

      this is true. a creator of works lives of dies by his choices.

      if you choose to create works that are trivially copyable, with the full knowledge of such, then the public in general should not feel any pity when the work is copied.

      people might have this lofty notion that they could expend a few days work or maybe even a years worth of work, but get paid for life.

      they might even think that 1 million copies, that just amount to a bunch of paper, might merit $3/copy, thereby making them wealthy.

      they could think that. they'd be wrong.

      nature has a way of balancing things out.

    10. Re:short story: by xigxag · · Score: 3, Insightful

      Did you read the whole post, even? He had his son ask the producer's permission, and then they respected the foolish choice the producer made. So what shit was done?

      The moral of the anecdote, in case you missed it, is this: There's no denying that those who choose to disobey the law will hurt the artist in the short term, but the really bad news is that those who choose to obey the law may hurt the artist more in the long term.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    11. Re:short story: by Draek · · Score: 1

      the producer lives or dies from his choices, however they are his choices not yours or anyone elses.

      Actually it's society's choice to even allow the producer to pick one, there is no 'right' to copyright in spite of what its name may imply.

      So if society one day decides to not give you that choice anymore, well, sucks to be you but it is their right. Sure, that depends on actually getting their representatives to represent *them* rather than their own pockets but still.

      --
      No problem is insoluble in all conceivable circumstances.
    12. Re:short story: by jedidiah · · Score: 1

      > Cry me a river. I would never buy a $25,000 crystal chandelier, but that doesn't mean that if I want one I get to go steal one.

      However, I am perfectly free to create my own based on the over-priced version. No one thinks this is unusual or should be made illegal.

      Of course stealing != copying.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:short story: by Anonymous Coward · · Score: 0

      And how would giving his friends a free copy make money? Same dead end if you ask me.
      Most kids, if they get something for free, they will stick to the free stuff. Why pay money, you don't have as a kid, when you can get it for free?

    14. Re:short story: by xmundt · · Score: 1

      Greetings and Salutations..
                  How about this....What if your son had lent the physical CD to the friends he wanted to listen to the content? Or....held a party where the point was for the group of his friends to listen to the CD?
                There are a number of perfectly legal ways to share recorded content with other folks that have been around for as long as transcribing performances has existed. The issue, as I see it, is that computers have made it TOO easy to copy a recording - and that has cheapened the value of the recording in the eyes of the consumer to the point that they can convince themselves that there is nothing wrong with giving away a copy of it.
                  Frankly, though, considering the attention span of the typical 10 year old, I question whether it was actual disappointment on the part of your son at the producer's decision, or (more likely) him getting distracted by the NEXT cool, shiny thing that came along. Shucks, I know adults who have the same problem, so it is not exactly specific to 10 year old boys....although it is rather more likely in that age group.
      regards
      dave mundt

      --
      YAB - http://blog.beemandave.com/
    15. Re:short story: by IhateMonkeys · · Score: 1

      So you are saying that there are 10 year old record producers in Hollywood?
      Well that explains the crap that passes for pop music. Maybe he can tell Justin Beiber to just go away.

    16. Re:short story: by PitaBred · · Score: 2, Insightful

      His choices end when they impinge on my right to participate in our shared culture. Disney created an icon with Mickey Mouse. As did Shakespeare with Romeo and Juliet. Only one of them continues to evolve, though, and the other we are disallowed from using at the point of a gun.

      Sure, it's "his choices", but what if my choices are that nobody should drive on the street in front of my house? Do I have that right? If he wanted to keep his music in his control, he shouldn't release it.

    17. Re:short story: by BoberFett · · Score: 2, Funny

      You know what else sucks?

      I got laid of a few months ago, but my previous employer is STILL using software I created years ago.

      Perhaps I should ask them to stop using it?

    18. Re:short story: by physicsdot · · Score: 1

      song writers too?

    19. Re:short story: by Anonymous Coward · · Score: 0

      The only method you listed that doesn't violate any laws or license agreements in the US was buying another copy.

    20. Re:short story: by Anonymous Coward · · Score: 0

      Its a social contract and unfortunately in the name of profit large corporations renaged on their obilgations - They want the proctection of copyright law without the obligation to release into the public domain the sacred 'cash cows'. Protection bought and paid for by those very same cash cows.

      What's IP worth? - whatever someones willing to pay for it. You could just say its the market readjusting itself. From a moral view when they honour my rights , Ill be more motivated to honour theirs.

    21. Re:short story: by abigsmurf · · Score: 2, Interesting

      You use Shakespeare as an example when Shakespeare is a huge example of why copyright is important.

      Shakespeare didn't produce written versions of his plays. Why not? Because there was no copyright law at the time. If he published his plays, they'd be performed across the country by other companies without giving him anything and he'd be ruined.

      As a result, an unknown portion his plays as they exist now differ from the original performances as there were no 'official' versions of his plays, so they had to be pieced together from his writings and memories of the performances.

      Had there been copyright law at the time, there could have been proper published versions and we'd have close to the original text today. Not to mention we'd have some plays and poems that have become lost to time (Cardenio being one of the most prominent examples of lost Shakespeare).

    22. Re:short story: by Saint+Stephen · · Score: 1

      Apples and oranges. You don't own what you produce at work. More like a session musician.

    23. Re:short story: by Anonymous Coward · · Score: 0

      You are literally a child if you don't see the benefits of publicity in any form and honestly believe it was the right thing to just let a piece of creative work die in a junk heap.

    24. Re:short story: by Ltap · · Score: 2, Interesting

      I agree with this. Part of the FUD surrounding the issue is talking about the "rights of the artist", which seems designed to appeal to an American crowd. You could argue that it is a derivative of freedom of speech (freedom to choose how to distribute your works), but if the work is being shared, the message is more free than if it were kept tightly controlled. It basically boils down as "the right to make money from something you create, whether people want to pay you for it or not." I share media online, but I would not hesitate to pay someone money directly for their work - I've bought several self-published CDs from local groups, where I know the money will go directly to them, not be funneled into a record label's advertising or lawyers' fees. This is a decision I make because I know where the money will go, rather than vanishing into a void where only a fraction of the profits will go to the artists.

      The truth is that filesharing and piracy, while illegal (in most places, anyway) is the only way to ameliorate the high costs of media. I would be willing to pay for every movie I watched, book I read, etc. as long as I knew that the profits were going to the creators. When an artist has been dead for decades (say, J.R.R. Tolkien), forget it. His family had more than enough time to be supported by the licensing of his works. Once you have generations of people who are rich because of something an ancestor did that allows them to take money from people who just want to enjoy some fiction that was written decades ago ... you have problems.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    25. Re:short story: by Anonymous Coward · · Score: 0

      Does the producer enforce of these rules over who gets access to culture and who doesn't?

      No.

      Should the enforcement of these rules be for the benefit of the producer?

      No. They should be for the benefit of those who DO pay, the general population.

      If the matter is unclear, then the answer is obvious. The enforcement of the rules should only proceed if they are of clear and demonstrable benefit to the general population.

      There is nothing more to say.

    26. Re:short story: by Anonymous Coward · · Score: 0

      Let me rephrase:

      Can't get it for free?
      Go home and play with your wee.

      What an insightful piece of advice. I wish everybody would follow it, it would mean the demise of capitalist exploitation.

    27. Re:short story: by Anonymous Coward · · Score: 0

      No, the point is that the owner of the idea is responsible for his idea. If he lets it die, so be it, but it's not YOUR choice to decide what to do with HIS idea.

    28. Re:short story: by epp_b · · Score: 1

      I take it then that you have a solution for all the writers out there?

      Nope. If you can't figure out a way to make money writing because technology has obsoleted your business model... tough.

      Whoever said that money is the end-goal of an artist and is what ultimately gives the world good art? Artists create art because they enjoy doing so. I know, because I am one; I make little-to-no money doing so and, yet, I still do. If a writer loves to write, he'll write whether it makes him money or not.

    29. Re:short story: by Anonymous Coward · · Score: 0

      "You know, I agreed to pay you for your work, but now I don't feel like it - you'll earn a lot more in the long run if I don't. Wait, why are you upset, I'm just trying to help!"

      The kids' decision not to copy was the right one, regardless of how foolish the producer is. If you want to be helpful, give them advice, or offer a venture partnership for these new ways of distributing music. When you just go ahead and help yourself instead, any good intent evaporates. You know, honour system and all.

    30. Re:short story: by dfghjk · · Score: 1

      "So my son, disappointed, did not share it with his friends, stopped listening to it, and no additional copies were ever made. OR SOLD! ... The album died on the junk heap of history, as most do. And without at least a half a dozen potential ardent young fans."

      Amazing story. Your son singlehandedly destroyed all future sales of an album by morally refusing to commit copyright violations. Apparently he was the only one left who liked it.

    31. Re:short story: by Andrewkov · · Score: 1

      Well if stealing someone's content is helping them, please stop being so helpful... they don't want or need that kind of help.

    32. Re:short story: by Anonymous Coward · · Score: 0

      There's an irony here about J. R. R. Tolkein, which is kind of funny:

      "Those who approve of courtesy (at least) to living authors will purchase it and no other" --- J. R. R. Tolkein, Ballantine Edition, Lord of the Rings

      Tolkein's books fell into the public domain in the United States because of the copyright law at the time. It's important to understand about copyright, it has never had anything to do with morality... it's just business.

        He depended on pushing a boycott to get his fans to stop buying the legally published but unauthorized versions of the texts. Eventually, he revised them, and properly got his copyright in the United States on the new editions. (The Lord of the Rings: The Tale of a Text)

      Myself? I have little patience for multimillionaires lecturing me on morality when many people are out of work and homelessness is on the rise. (No, I don't think it is right to download copyrighted works without paying for them, but as a crime I consider it somewhere beneath littering and jaywalking.)

      Why don't they Go Galt and deprive us all of their delicate genius then? I'm sure no new content creators would rise to take their places, of course.

      Frankly I think they (and most other multimillionaires and billionaires, given the latest World Government push for Austerity for people in the lower tax brackets) should be thankful we aren't hanging them from the nearest lampposts. (I'll never understand why people think we should respect greedy multimillionaires opinions more than those of honest people. They're the reason why your standard of living has been falling for the last few decades, people!)

      I suspect that the Ace editions of the Lord of the Rings are still in the public domain, but it has never been tested in court.

    33. Re:short story: by tp_xyzzy · · Score: 1

      My guess is that the person had a contract with publisher which says that he's not allowed to give further licenses to his own work, and he just followed his contract when he denied this poor kid chance to impress his friends. So he really didn't have a choice. The copyright owner's wish is not always what it seems.

    34. Re:short story: by easterberry · · Score: 1

      Similarly, you are entirely allowed to perform and record a cover of that song you like. Redistribution != reproducing.

    35. Re:short story: by Anonymous Coward · · Score: 0

      Actually the producer missed a marketing opportunity as is the case with most of the Hollywood fat cats. Instead he should have said: "I have a better idea, play the record for your friends and tell them if they want a copy to send me their email address" Or maybe this: "Play it for your friends and tell them they can get a copy by going to the artists website and entering their email address with the following coupon code."

      As I have stated before. Label executives had an opportunity to invest in digital watermarking technologies back in the 90's. They instead elected to take surplus cash out in bonuses.

      For this reason I like the creative commons license. Use it for personal use... no problem. Want to use it for your business, promoting your business, doing business... then pay up.

    36. Re:short story: by Anonymous Coward · · Score: 0

      those who choose to disobey the law will hurt the artist in the short term

      How's that? I'm pretty sure the OP just made a strong case why the artist isn't being hurt at all.

    37. Re:short story: by physicsdot · · Score: 1

      If you can't figure out a way to make money writing because technology has obsoleted your business model... tough.

      Well, morally, the people who enjoy the art an artist creates have a responsibility to ensure that the artist is compensated for their work. Technology doesn't invalidate this moral argument.

    38. Re:short story: by Ltap · · Score: 1

      By the way, an interesting short story I once read (I forget the name) was by Ben Bova, about the creation of an e-book reader (the story was written in the 80s.) At any rate, it discusses the realities of the publishing industry: that most authors never get published, and that publishers prefer what they think of as a "sure bet" (the multimillionaire authors who churn out half a dozen books a year, each trashier than the last.) Rewarding these people over and over gives no incentive for improvement, since their dedicated fans will buy it anyway. Look at (to give a television example) the last few Star Trek series; they leeched off of the previous ones' popularity and were of fairly poor quality.

      Whether we like it or not, there will always be a certain class of person out there who eagerly reads the most awful trash. It's these consumers that big content wants to keep; if they begin downloading (and they already are, as teenagers and young adults) the big content industries will be crippled and will no longer be able to exploit people. They will have to improve to make people care enough to pay. This is what they are afraid of: improving.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    39. Re:short story: by qnetter · · Score: 1

      Gee, Coward, from where I sit, that's your fault, for failing to take the responsibility of teaching your kid that people make a living off the selling of those copies, and that to give it to his friends would be cheating those people, and you don't want to be a cheater, do you? (And bringing the point home, perhaps, by telling him if he named up to five of those friends, you'd buy them copies and let him give them to them as birthday presents...)

    40. Re:short story: by Anonymous Coward · · Score: 0

      And where were you to teach the child about respecting the rights of others? Pretty sad parenting.

    41. Re:short story: by Anonymous Coward · · Score: 0

      Actually it's society's choice to even allow the producer to pick one, there is no 'right' to copyright in spite of what its name may imply.

      Yes there is, because the law says there is, and the right will remain while the law granting it remains.

      Saying it is not a right because it is only a right because of the law is dumb, since without any laws we would have no rights.

  16. He's using debunked analogies by countertrolling · · Score: 1

    The screwdriver and book stories are way off base as they involve the only "copy". If you borrow either, then I don't have them. If you copy either and leave me the original, it's all good. We both have what we need. Same old story we've heard before. They are not applicable to the issue.

    --
    For justice, we must go to Don Corleone
    1. Re:He's using debunked analogies by DaveV1.0 · · Score: 0, Flamebait

      If you get the work for free from someone else, how does the person who created the work get what he needs? Or, is it fuck the guy that actually did the work because you have a copy and your friend has his copy?

      This guy makes his money selling copies of his work. He makes a copy and sells it to your friend. Your friend makes a copy and sells it to you. The person that actually did the work now makes no money off of the copy you have. The money he has made from the existent copies of his work is now half of what it was before your friend made you a copy. Then, you make a copy and give it to someone. Now, his profit is cut to a third.

      Get it now?

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:He's using debunked analogies by pgmrdlm · · Score: 0, Flamebait
      You never answered the point about taking someones work(key word here) without reimbursing him for it.

      But I NEVER EVER see an illegal down-loader address that. They ALWAYS say they are not taking anything from the owner because its electronic.

      Um, buckwheet. It took work to produce the electronic file.

      Truthfully, I think we should adopt ancient ways to punish people like you. http://www.milism.net/romanarmy.htm

      Common criminals, such as thieves, were stoned. The wronged population exacted revenge.

      http://www.historicallocks.com/en/site/hl/Articles/Theft-and-punishment/

      In the Middle Ages, fines were the most common punishment for theft, and one that was not considered dishonorable. More severe cases could be punishable by flogging, the cutting off of one or both ears or a hand, or death by hanging. Even the loss of an ear made the perpetrator’s shame permanently visible.

      Flogging is a good punishment for thieves.

      I have been robbed, so people like you do not think my opinion counts.

      I have had scum bags take my work to further their own carrier, or at least tried to. No difference then what you are doing.

      You download without paying, your a thief. Harsher punishment should be applied. I was looking for an example of disfigurement. Ie, cut your fucking balls off you mother fucker for taking something that wasn't yours.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    3. Re:He's using debunked analogies by Anonymous Coward · · Score: 1, Interesting

      Now lets extrapolate this.. suddenly his work is copied by 80% of the population and they didn't pay him a dime.

      Now someone wants to go to a rock show, or hire someone to make a new musical score for his movie.. or perhaps he wants original music for his wedding... well guess who they hire?

      Not the guy that copied the music, but the one that created it.. THAT is how he makes money.. he has to work for a living. I know.. I know... its so unfair making people work almost 40 hours a week to survive. I don't understand why these artists can't just work once and get paid for 150 years.

      SooOooOo unfair.

    4. Re:He's using debunked analogies by Anonymous Coward · · Score: 0

      You really need to do some research. The only place these analogies have been debunked is in the minds of those who want to copy illegally.

      "If you copy either and leave me the original, it's all good". Nope. That's precisely the point. That's illegal copying. That's what copyright is about.

      Borrowing is legal. Copying is not legal, unless the copyright owner has given permission, or permission is granted by some part of copyright law such as the fair use provisions. You call it "sharing" to ease your conscience, but that's not what you are doing.

      Clearly you are uncomfortable with the idea that you are doing something illegal (that's good - means you are not completely immoral), so you try to justify it by claiming that what you are doing is not illegal. Face it. You are doing something wrong. You know it's wrong. Stop doing it.

    5. Re:He's using debunked analogies by countertrolling · · Score: 1

      I know it's illegal. That has nothing to do with wrong.

      --
      For justice, we must go to Don Corleone
    6. Re:He's using debunked analogies by AK+Marc · · Score: 1

      This guy makes his money selling copies of his work.

      Does he? I would have figured that he licensed his works and doesn't make money personally selling copies of sheet music.

      He makes a copy and sells it to your friend. Your friend makes a copy and sells it to you. The person that actually did the work now makes no money off of the copy you have. The money he has made from the existent copies of his work is now half of what it was before your friend made you a copy. Then, you make a copy and give it to someone. Now, his profit is cut to a third.

      "Profit" is income minus expenses. His expenses and income don't change when you illegally trade copies, so his profit isn't cut, boosted, or anything else. His "potential profit" is cut. But there's no right to "potential profit" or else you could sue anyone using a condom for not making a new consumer for your products.

      Get it now?

      Oh I got it. It's obvious you don't. You don't even understand what "profit" means.

    7. Re:He's using debunked analogies by Anonymous Coward · · Score: 0

      It has everything to do with it.

      Murder is wrong, murder should be illegal. Other things as more grey, and we try out best as a society to shape the laws to follow right and wrong.

      Clearly we have strayed and things like kindness and sharing are being made illegal over 'profit'.

      This is the root of the problem and those of us (from what I can tell a huge majority) need to stand up and say no, the laws need to follow our moral compass or the laws need to go away. Period.

    8. Re:He's using debunked analogies by PotatoFiend · · Score: 1

      Your argument is that the labor is what's ultimately being sold, with the implication that on the Internet digital information (music, literature, film, etc.) isn't the product in itself but a proxy for the value of your labor. Clearly you're arguing for the service model of value exchange and applying the universally accepted principle of "theft of services" to describe what happens when someone utilizes your labor proxy without your permission or compensation.

      Unfortunately the service model doesn't fit.

      One glaring mismatch is that due to the nature of digital information your labor proxy can be duplicated infinitely for effectively zero cost -- especially when uncontracted parties duplicate it using their own resources -- but you have only performed the original labor once. Since in the real world you can't have absolute control over the number of digital copies of your labor proxy available for download, your original labor has an indefinite value under the service model, and you have a non-determinable number of customers. By contrast, a landscaper can agree to cut your lawn once for 50 dollars but refuse to service you a second time, and thus controls both the value and dispatch of his labor.

      Another mismatch is that the service model requires a mutual agreement for each transaction. Without an agreement neither party has an obligation. In a service transaction you wouldn't give the landscaper 50 dollars for nothing, and the landscaper wouldn't cut your lawn for free (nor without your permission). A digital copy of the product of the original labor -- especially an uncontracted one -- does not constitute a service agreement. The theft of services principle isn't applicable where the receiving party does not or cannot agree to the transaction.

      The service model just doesn't describe what you envision, so the burden is on you to create a new model that will gain wide acceptance. I wish you luck, but I don't think you'll get very far misrepresenting your vision as something it cannot be.

      --
      "Liberty may be endangered by the abuses of liberty as well as the abuses of power." -- James Madison
    9. Re:He's using debunked analogies by jedidiah · · Score: 1

      > You really need to do some research. The only place these analogies have been debunked is in the minds of those who want to copy illegally.

      You're just engaging in self-serving wishful thinking.

      NO ONE conflates copying with stealing. That's why wannabe Media Moguls (and the real thing) are having such a hard time these days.

      No matter how much you want to alter or contradict ten thousand years of human history, the masses just aren't cooperating.

      The idea that copying should be a crime is a very new thing.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  17. Re:No. by DaveV1.0 · · Score: 2, Insightful

    This does not mean I don't feel sad if a hundred thousand creativity leeches like me lead to your ruin

    No, you are wrong, that is exactly what it means. That or you are just an evil, selfish, sadistic asshole.

    You are like a person who says "Don't hate the player, hate the game". Well, skippy, the game doesn't exist without the players.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  18. I just wrote this guy an email: by GNUALMAFUERTE · · Score: 5, Interesting

    Hello there Jason.

    Let me explain a few things to you, since you seem to have wrong information regarding "copyright" and other fictitious concepts.

    Copyright isn't an inalienable right. It isn't real property. It is imaginary property. Copyright is a recent concept. As recent as the Renaissance. Before that, you could own physical property, but Ideas were free. If you created a magnanimous work of art, that work of art belonged to the human kind. Then, you could earn a living by performing live, doing work for hire, etc. During the Renaissance, the catholic church, in their unstoppable hunger for power, tried to control the output of printers. They already had a very tight control on scribes, and they wanted to extend that control over to the modern press. The motive: To ban unwanted books. In a word: Censorship. This concept of owning ideas and controlling what you did with them was nothing but lies, just like the rest of christianity.

    Later, governments jumped in on the boat, trying to control the press, for mostly the same reasons. Many, many years later, with the church mostly obsolete, and government under the control of corporations, our beloved corporate overlords wanted to hold the almighty power over free speech. So they were the ones that wrote the modern copyright laws.

    Nobody owns ideas. Nobody owns art. They belong to the human kind. Period. Any attempt to control ideas is nothing but another fascist atempt at control of this Orwellian society.

    But I do understand the POV of the creator. I do, because I am a creator too. And yes, we need to make a living just like anyone else. Now, there is a hugI de difference between the NEED to make a living, and some stupid god-given right to be given money just because we create. That won't work because a) there is no god and b) we have no such right. We decided that we wanted to create. Great. That doesn't allow us to control ideas. I do believe, like many other creators, that our creations are like our childs. You don't own your children. You have to feed them, care for them, and protect them until they are mature enough to have a life on their own. And then they are gone. They are as free as you are. Our need for food and shelter (read: money) doesn't change that basic principle.

    You CAN profit from what you do, but always remember, you DON'T own your creations.

    P.S: Regarding your screwdriver analogy, it doesn't work. It's been debunked several times before. Basically, your screwdriver is a physical object. A more valid analogy here would be if you made a house that was a replica of the house your friend was building. And it would be totally ok.

    Sincerely,
    Sebastian.

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
    1. Re:I just wrote this guy an email: by DaveV1.0 · · Score: 2, Insightful

      Sebastian,

      No, copyright isn't an inalienable right. It is a legally granted right. It is therefore, still a right and only the government granting said right can revoke it. You nor anyone else besides the owner of a copyright, has the power to revoke a copyright.

      The rest of your post is now irrelevant because you are reasoning from a fallacy, namely that you somehow have the right to violate other people's legally granted rights.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      that you somehow have the right to violate other people's legally granted rights.

      This is exactly what the civil rights movement did (Rosa Parks anyone?). Just because you have a "legal" granted right doesn't make it morally or ethically right.

    3. Re:I just wrote this guy an email: by bky1701 · · Score: 4, Insightful

      There is a difference between morality and legality. Learn it.

    4. Re:I just wrote this guy an email: by matzahboy · · Score: 5, Interesting

      Copyright isn't an inalienable right.

      There are very few inalienable rights. I do not see why this is relevant

      Copyright is a recent concept. As recent as the Renaissance.

      For someone trying to cite history in your argument, you sure know little about it. All of the inalienable rights as we know them today derived from the Enlightenment which was centuries after the Renaissance. The term "inalienable right" was coined in the 1600s.

      Before that, you could own physical property, but Ideas were free. If you created a magnanimous work of art, that work of art belonged to the human kind. Then, you could earn a living by performing live, doing work for hire, etc.

      Yes, and the playwrights were dirt-poor.

      The motive: To ban unwanted books. In a word: Censorship. This concept of owning ideas and controlling what you did with them was nothing but lies, just like the rest of christianity.

      Yes, the Catholic Church wanted censorship. But copyright has nothing to do with censorship. The Catholic Church was trying to stop the spread of new ideas, ideas that might threaten them. Copyright law allows the spread of new ideas, but does not allow the unauthorized replication of old ideas.

      Nobody owns ideas. Nobody owns art. They belong to the human kind. Period. Any attempt to control ideas is nothing but another fascist atempt at control of this Orwellian society.

      It is true that no one can own ideas like they can own a screwdriver. That is why copyright law was invented. The idea is to give incentive to create. If no one paid for ideas, then no one could make a living off coming up with those ideas. The only composers would be rich people who could live off of their savings. The music industry would be tiny. Etc.

      Now, there is a hugI de difference between the NEED to make a living, and some stupid god-given right to be given money just because we create.

      Wow. I don't even have a response to that. Just wow...

      I do believe, like many other creators, that our creations are like our childs. You don't own your children. You have to feed them, care for them, and protect them until they are mature enough to have a life on their own. And then they are gone. They are as free as you are.

      Yes, you are right. And that is why copyrights expire, just like children grow up.

      A more valid analogy here would be if you made a house that was a replica of the house your friend was building. And it would be totally ok.

      Your friend put so much work into making that design for the house. He spent hours and hours. Time that he could have spent building houses and making more money. Now you come along and take his design without compensation. You didn't have to spend all of those hours creating the design. It doesn't cost you a penny, but it cost him a lot (remember, time is money). Now is that fair?

    5. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Who gives a fuck about the law?

      The law has been written by the top 1% to keep the rest of us in line while they go to the bank.

      Drugs are illegal. Sharing art is illegal. Not paying outrageous taxes is illegal. Crossing an imaginary line in the land. Taking photographs. Being naked. Anything can be made illegal. illegal has nothing to do with right and wrong.

      If this guy's question was "Why are you violating the law? Pay me my government-approved art-tax so I can buy a Mercedes!" I would have replied "Fuck off, go and sue me, motherfucker".

      But he approached this from the "Why do you copy my stuff? That is wrong! I need you to pay me so I can get food" POV. Therefore, I explained why it is not wrong to share art.

      Copyright is imaginary property. Your argument is invalid.

    6. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      You nor anyone else besides the owner of a copyright, has the power to revoke a copyright.

      If every citizen of humanity ignores copyright, then the copyright has effectively been revoked, irrespective of what the government of the day claims. Not revoked in theory, perhaps, but in reality, where it counts, copyright ceases to exist.

      You must know this is the end game of copyright. This is where it all finishes. The copyright lobbies can kick and scream all they like. Humanity inexorably moves towards a society which does not concern itself with them, and copyrights will exist only in very weak form, if at all. There is no other conclusion.

      Just because the government says something does not make it The Truth. Just because the government tells you not to do something does not mean You Can Never Do It. Just because a paid copyright lobbyist whinges and barks instructions at you does not mean you must follow.

      Let me know when you regain the ability to hold independent thoughts.

    7. Re:I just wrote this guy an email: by AK+Marc · · Score: 1

      The rest of your post is now irrelevant because you are reasoning from a fallacy, namely that you somehow have the right to violate other people's legally granted rights.

      Nowhere did he assert that he had the right to violate a legally given right. He was arguing against the legally given right being somehow inherent or inalienable or such. If you read any defense of violation of copyright, please point it out. I didn't see it.

    8. Re:I just wrote this guy an email: by JanneM · · Score: 0, Troll

      "There is a difference between morality and legality. Learn it."

      The difference being, it's the legality that counts.

      --
      Trust the Computer. The Computer is your friend.
    9. Re:I just wrote this guy an email: by johnhp · · Score: 2, Informative

      You made a great argument, but couldn't resist slipping this in there: "nothing but lies, just like the rest of christianity."

      Please, keep your militant atheism under wraps, at least when you're trying to make a controversial point about an unrelated topic. It muddies your argument and by attaching a controversial rider, you're certain to instantly lose plenty of people who might have otherwise been converted.

      Just a fun example, imagine if we sold recycling like this: "By recycling, you can help ensure a better tomorrow for our children, as long as you don't kill them with abortions first." Imagine how well that would go over in California.

    10. Re:I just wrote this guy an email: by Totenglocke · · Score: 1

      "There is a difference between morality and legality. Learn it."

      The difference being, it's the legality that counts.

      Countless people throughout history would beg to disagree with you. Many laws have been repealed and governments overthrown because people were more concerned with doing what was right than doing what was legal.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    11. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Your friend put so much work into making that design for the house. He spent hours and hours. Time that he could have spent building houses and making more money. Now you come along and take his design without compensation. You didn't have to spend all of those hours creating the design. It doesn't cost you a penny, but it cost him a lot (remember, time is money). Now is that fair?

      This is exactly why, it should not be copyrightable. No one should keep reinventing the wheel. And besides he loses absolutely nothing if 1000s of people use his design as opposed to using for himself (in fact if someones comes up with the idea and cannot implement it, because this guy has copyrighted it, would be completely unfair)

    12. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Expect what you will of your fellow man. Just be prepared to be disappointed.

      It's pleasant to imagine that EVERYONE plays by the rules, and is civil, however reality begs to differ.

      And yes. I'm a fellow content-creator with no expectations of being paid for my work. And yes. I've accepted that. To each his own.

    13. Re:I just wrote this guy an email: by Darkness404 · · Score: 2, Insightful

      There are very few inalienable rights. I do not see why this is relevant

      Because you have the right to thought, speech, life, liberty, etc. those are inalienable, the right to have a monopoly on your work is not natural in the least. It is artificial, in short, it is propped up not by nature but by government.

      For someone trying to cite history in your argument, you sure know little about it. All of the inalienable rights as we know them today derived from the Enlightenment which was centuries after the Renaissance. The term "inalienable right" was coined in the 1600s.

      ...Mostly because of two major things.

      A) Before the enlightenment, the majority of the world had to keep on working just to eat. The rest of the world that had time to think and experiment would be better off if they didn't think about the legitimacy of tyranny because if they proved that it was contrary to nature/religion they would be out of a job.

      B) Communication, literacy and science increased, people could actually question the need for their current form of government because they could see past the lies of the sovereign.

      Yes, and the playwrights were dirt-poor.

      Not if they were good at what they did, look at Shakespeare

      Yes, the Catholic Church wanted censorship. But copyright has nothing to do with censorship. The Catholic Church was trying to stop the spread of new ideas, ideas that might threaten them. Copyright law allows the spread of new ideas, but does not allow the unauthorized replication of old ideas.

      ...No. Copyright doesn't allow the spread of new ideas. One needs only to look at all of the information cut off to students and professionals locked away in scientific journals because of copyright and their -expensive- fees.

      Also, look at all the "treaties" the third world has signed with wealthier nations, provisions usually include "respect" of those nations copyrights, meaning that valuable information, especially up-to-date medical information could be locked away from doctors.

      It is true that no one can own ideas like they can own a screwdriver. That is why copyright law was invented. The idea is to give incentive to create. If no one paid for ideas, then no one could make a living off coming up with those ideas. The only composers would be rich people who could live off of their savings. The music industry would be tiny. Etc.

      Right. Because I forgot about how before copyright law no literature was written, no artists painted, no composers composed, no singers sung and no one played any instruments. Because of the lack of financial incentives nothing ever got done before humanity came up with copyright law. No philosophy, no science, nothing. Right?

      Yes, you are right. And that is why copyrights expire, just like children grow up.

      Copyrights don't really expire anymore. It used to be when we had sane copyright that it expired in 20 years, something that was sane. But now we have copyright laws that are longer than some people's lives! Copyright no longer really expires.

      Your friend put so much work into making that design for the house. He spent hours and hours. Time that he could have spent building houses and making more money. Now you come along and take his design without compensation. You didn't have to spend all of those hours creating the design. It doesn't cost you a penny, but it cost him a lot (remember, time is money). Now is that fair?

      Yes. If you don't want people to use your ideas don't publish them, don't use them, etc. I'm not a complete dick, if I made something that I think is interesting, I have no problem with other people using it and making it better and the like.

      --
      Taxation is legalized theft, no more, no less.
    14. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      AWESOME I'm totally going into the recycling bin sales business

    15. Re:I just wrote this guy an email: by bky1701 · · Score: 2, Insightful

      Legality without morality is simply oppression.

    16. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 0, Flamebait

      You are actually right John. But I just can't help it. My friend, this things are related. Christianity is the depraved child of the most corrupt and perverted end of the Roman empire. That very concept shaped the modern occidental society. This concepts are truly christian concepts. Modern capitalism in itself is a christian idea. That's why those that understood everything that was wrong with Capitalism, like Marx and Engels did, understood that god was nothing but tool of oppression.

      Anyway, I understand your point, and I certainly try to avoid anti-religious references when dealing with other subjects, but the sole mention of the catholic church causes me to rage and go into a blasphemous rant.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    17. Re:I just wrote this guy an email: by spidr_mnky · · Score: 1

      Yes, I'm sure he'll see reason, now.

      I think you're right (possibly excepting the exact definition of "fascism"), but damn.

    18. Re:I just wrote this guy an email: by CrazyJim1 · · Score: 1

      Thank you johnhp.

      I am writing a Christian book, and one article I was writing was about Intellectual property. Big media seems to try and argue that ,"Downloading is stealing and it just isn't morally correct", but we all know they come from a biased standpoint. Big Media has something to lose, and the rest of the world has something to gain. My friend who is co-authoring the book didn't feel I convinced him that "Free Media" is the future and Big Media is a dying relic fighting for as long as it can against the world.

    19. Re:I just wrote this guy an email: by DaveV1.0 · · Score: 1

      Oh, you think he is using a red herring? Because, this is not about whether copyright is an inalienable right. Rather, the right is already legally given. Unless the law that grants said legal right is repealed, it exists.

      What you have said in your post is a non-argument. It has nothing to do with the discussion at had, namely whether one has a right to violate the legally granted rights of another.

      Whether copyright as a legally granted right is inherent or inalienable or not is irrelevant because it is still a right.

      Remember, voting is a legally granted right, and to stop another from voting is a crime.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    20. Re:I just wrote this guy an email: by DaveV1.0 · · Score: 1, Troll

      Explain in detail how copyright is immoral, including references and examples.

      Otherwise, your post is irrelevant.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    21. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Wow, what a crappy argument. It's just a different way of getting paid. Instead of an hourly wage he gets paid a little bit at a time by people that want to use his music. Are you saying that because he writes music and people like it he should not get paid? Why should assembly line workers get paid for what they do and musicians and artists not?

      Basically, all these people who refuse to pay for music are just being cheap and lazy. You have no problem paying for a coffee but make lame (fascist) excuses (Orwellian) when it comes down to paying for art. Don't be such a cheap SOB and give the guy his $4.

    22. Re:I just wrote this guy an email: by LoRdTAW · · Score: 1

      NAZI!

      There I did it. I just Godwin'd the forum.

    23. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      I don't know where you (or the author of TFA) is, but in the USA, the basis for copyright is written into the Constitution (the highest law of the land, by definition.)

      It says that Congress shall have the power

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

      In other words, the details of copyrights and patents (like terms, for example) can be determined by Congress, but Congress explicitly has that power. Done, no question, end of story, One Of Those Things.

      It's not even an amendment; it's in the actual body of the Constitution. It would take a new amendment to revoke this power which Congress has.

      So, basically, unless you're not living in the fascist, Orwellian society that America's Founding Fathers foresaw at the Constitutional Convention, in 1787, you are talking out your ass.

    24. Re:I just wrote this guy an email: by AK+Marc · · Score: 1

      What you have said in your post is a non-argument. It has nothing to do with the discussion at had, namely whether one has a right to violate the legally granted rights of another.

      I claim that a discussion about whether the legally granted rights should be legally granted is relevant to the discussion. If the law were changed, then the problem is fixed. And the arguments were not about the legality, but the morality, which means your argument is the one that's irrelevant, not mine.

    25. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      I think the point he was trying to make was that copyright isn't a right at all, it's a restriction - and this is a pretty important distinction. Copyright consists of control over several rights, such as copying, modifying, distributing, etc - but it itself is merely a restriction on natural rights.

    26. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      Considering that the word Fascism originates in Italy ~1920, and that censorship, control of the masses, extensive use of propaganda, and the use of the law as a tool of oppression are the ways of fascism, I think I used the word in a pretty accurate way.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    27. Re:I just wrote this guy an email: by Kitkoan · · Score: 1

      There is a difference between morality and legality. Learn it.

      With morality, I'm likely to have the support of the people and possible sway to change the laws/have corrupt laws better worded for the people and change the future to a more positive outlook for humanity as a whole as opposed to a possible real life 1984 (a la Ghandi, Jesus Christ, ect... though being a martyr is also a possibility...). With legality, I have the possibility to abuse the laws, sue/jail my customers, alienate the public and have the demand for laws to be changed against me with no help for my plight from the public (a la **AA's).

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    28. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 2, Insightful

      No, I am not a Nazi. I am not racist either. I hate no one on any racial basis. Of course, I do have the right to oppose any particular political agenda. I reject the Nazi agenda. I also reject the jewish one. I don't reject either of them on any racial basis, I just oppose their worldview and their ideas. Nobody would call me a racist because I don't agree with Republicans or with Democrats. So, why should it be any different regarding Jews? I don't oppose their race. I only oppose the political ideas of their group. The fact that their group restricts allowance on a religious and racial basis makes THEM racist, not me.

      Also, I don't see why I can't call out people on a religious basis. You can't choose your race, therefore, discriminating against you on that basis is unfair. But you do choose your religion. It's no different than political affiliation. Opposing a specific religion is no different that opposing a specific political party.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    29. Re:I just wrote this guy an email: by DaveV1.0 · · Score: 0

      That is not what you stated. You stated that the legally granted right is not inherent nor inalienable. That is irrelevant because the legally granted right is still a right and is still granted.

      As to your question of whether the legally granted right should be legally granted, please explain in detail why it should not be a legally granted right including references and examples.

      As to your statement

      If the law were changed, then the problem is fixed.

      Speeding is a problem. If the law were changed, then the problem would be fixed.
      Theft is a problem. If the law were changed, then the problem is fixed.
      Murder is a problem. If the law were changed, then the problem is fixed.
      Child rape is a problem. If the law were changed so that raping a child were not illegal, then the problem is fixed.

      You are not fixing the problem, you are just making the problem legal.

      And the arguments were not about the legality, but the morality, which means your argument is the one that's irrelevant, not mine.

      If you wish to go that route, very well. Please explain how copyright is immoral including references and examples.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    30. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      I don't live in the United States. I proudly live where I was born and raised (Argentina).

      On the other hand, I wasn't talking about legal issues. I was talking about right and wrong.

      Also, that religious reverence you profess for your "Founding Fathers" is just a huge living Freudian case study. The fact that some guy 200 years ago thought something was right makes truly no difference today. He could have been wrong. Anyway, if your funding fathers were right, they were only right in their time. Lots of things change, and what was considered right 200 years ago has no reason to be considered right today.

      Freedom is about being able to shape and affect the world anyway you want (and can), and it is about questioning anything you want. Even what your sacred founding fathers wrote.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    31. Re:I just wrote this guy an email: by gillbates · · Score: 0, Offtopic

      I understand your point about nobody owning ideas, but consider that Native Americans took it one step further: they didn't understand how anyone could own *land*. Some didn't even have the concept of ownership of physical property.

      Now imagine what it would be like if anyone could legally enter your house and take whatever they wanted, so long as you weren't "using it at the time".

      The very notion of property ownership is itself a legal fiction. If ownership of physical items is good, why should it stop there? Why not extend it to something a person can *create*? Why must we limit ownership to only those things which exist in the material sense?

      It's kind of odd that there are people who believe that if I buy a chunk of marble and carve a statue, that I can own that statue, and sell it for a profit, but to do the same thing electronically means I'm somehow obligated to give my work to the world for free. It seems that in their minds I'm only entitled to make a living if the product of my work is a physical object. Oddly, those who do produce physical objects for a living (i.e. factory workers, etc...) also find themselves hard pressed to make a living.

      And lets make the distinction between ideas and works. Copyright protects works, not ideas. That is, merely having an idea is not enough, you must tranform it into something which can be represented in the physical world, i.e. notes on a page, bits on a platter, etc...

      I see the analogy with physical objects repeated often, but it's a bad analogy. Every physical object owned by someone is owned because it has some use to the owner, not because it takes up physical space and cannot be trivially reproduced. Likewise, even intangible assets - such as software - have some use to the owner. Consequently, they have value, and if we thought of things in terms of their value, instead of their actual status as physical property, it would be easier to understand why copyright exists. It's not a matter of physical property, but of the value of the work one creates which entitles the worker to remuneration for their efforts. Copyright enables markets for intellectual property to exist, much the same way laws against theft allow markets for physical objects to exist. In the same way that removing a physical object from a shop deprives the shopkeeper of the profit made, so does copying deprive the author of their living. (Think about that for a moment: if one is caught shoplifting, they must pay the shopkeeper the restitution for the sale price, not the price the shopkeeper paid for the item. That is, profit is an implicit part of the value of an item. Why would copyright be any different?)

      Now this isn't to say that there have been abuses - just as with physical property, the owners of intellectual property can abuse their position in particularly egregious ways. But copyright is unfortunately the best system available at the current time, and unfortunately, for all the brainpower on ./, no one has come up with a better system which rewards creators in proportion to the value of their work, while at the same time allowing unlimited copying.

      --
      The society for a thought-free internet welcomes you.
    32. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Dave,

      You are reasoning from a fallacy, namely that only a ruling party (the government) can grant and revoke rights. Please learn some history (http://en.wikipedia.org/wiki/Revolution)

      Your post is now irrelevant

    33. Re:I just wrote this guy an email: by bky1701 · · Score: 1

      Stand on your head and whistle Dixie, or your post is irrelevant.

      I don't see a particularly well thought out or cited exposition on your stance. Maybe you should practice what you preach.

      That said, if you want to see my argument so badly, go back and look at posts I have made before on this very site. They more than outline everything I think, with ample proof and reasoning. Beyond that, I have no need to justify my position to you simply because you demand it, at least as long as you bring nothing new to the table.

    34. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Wow - you seriously just equated downloading sheet music with raping children.

      damn.

    35. Re:I just wrote this guy an email: by MakinBacon · · Score: 1

      Because you have the right to thought, speech, life, liberty, etc. those are inalienable, the right to have a monopoly on your work is not natural in the least. It is artificial, in short, it is propped up not by nature but by government.

      But what are "natural rights"? The laws that prevent me from committing murder, rape, theft of concrete (ie not intellectual property) objects, cannibalism, and a number of other heinous crimes are all artificial laws "propped up not by nature but by government." Are these laws any more "natural" than copyright laws?

      Right. Because I forgot about how before copyright law no literature was written, no artists painted, no composers composed, no singers sung and no one played any instruments. Because of the lack of financial incentives nothing ever got done before humanity came up with copyright law. No philosophy, no science, nothing. Right?

      In a world without copyright, I agree that there would still be music and literature. But what about movies and games? Do you honestly think we'd have blockbusters like Star Wars where millions of dollars are invested in special effects? I sure hope you like those Star Trek fan productions, because that's about as interesting as TV would get.

    36. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      rosa parks wrote an autobiography. if you really believe what you are saying, write her estate and tell them you are going to copy and distribute her works free of charge. it's your moral and ethical right, no? to compare civil rights, where people were discriminated based on skin color, to copyright, which just grants the creator of a work the right to control their creation, cheapens the civil rights movement, dishonors rosa parks, and makes your logic laughable.

    37. Re:I just wrote this guy an email: by JanneM · · Score: 1

      "Many laws have been repealed and governments overthrown because people were more concerned with doing what was right than doing what was legal."

      But the real change - the change that counts in the end - happened when those laws were repealed, not when people were flouting them, unjust as they may be. Slavery didn't end when people ignored or broke laws condoning the practice, but when those laws were finally gone.

      So yes, it is the legality that counts.

      --
      Trust the Computer. The Computer is your friend.
    38. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 2, Insightful

      Well, the idea of property itself isn't unnatural.

      The idea that Native Americans didn't believe in ownership is a myth. They did believe in ownership of everything they could actually use. Of course, nobody thought they could own the wind, because it was just there, they just breath the air and let it go, there was no purpose in owning air. In the same way, the myth comes from hunters-gatherers that had no use for land beyond sitting there. They were semi-nomads, and therefore, land wasn't important. No, they couldn't come into anyone's tent and take whatever they wanted. They did OWN their stuff. They just didn't own land because they didn't knew how to use it. That was only true for some primitive Natives, and that's where the myth originated. If you look at more advanced societies like the Incas, they did have a concept of land ownership. They had a kind of communism (that worked great for them), the society owned the land, and all of them practiced communal agriculture.

      Other civilizations had different concepts of ownership, but they all had them. Even animals have a primitive, instinctive concept of ownership.

      Now, translating that natural concept into the uncanny valley of owning ideas is just far fetched, and is just as unnatural as owning the sun.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    39. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      And 'legal' should be determined by the people, not the corporations that rule over them, through their lobbying machines and their special access to the halls of power.

      The prohibition of alcohol proved that making laws that most people will ignore, just because there are good lobbyists, is a recipe for failure.

      When is someone going to realize that prohibition on free use is utter stupidity in the digital age?

      When is someone going to realize that part of the 'freedom' the US enjoyed, and made it an economic and intellectual powerhouse in it's first hundred years, stemmed from IGNORING COPYRIGHTS and PATENTS (set by England).

    40. Re:I just wrote this guy an email: by AK+Marc · · Score: 1

      You are not fixing the problem, you are just making the problem legal.

      What problem? The problem is illegal trading of music, not trading of music. The problem is that it's illegal. Fix that, and the problem goes away. The only reason it's "immoral" is because it's illegal. Child rape has a victim and could be argued to be immoral regardless of the law. Copying a printed work has been legal for all of written history until after the advent of the printing press. It wasn't immoral or illegal to make copies of Aeschylus 2500 years ago, and they'd have thought you insane to assert it immoral to share their works. The immoral you assert is, at best, invented because it was made illegal, and for no other reason, and even then, people argue with you that it's not immoral to break an immoral law.

    41. Re:I just wrote this guy an email: by xigxag · · Score: 4, Interesting

      If no one paid for ideas, then no one could make a living off coming up with those ideas. The only composers would be rich people who could live off of their savings.

      You just "composed" the above comment. FOR FREE. Why?

      The music industry would be tiny. Etc.

      Here's the part where you're supposed to explain why that's a bad thing.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    42. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Human rights is a much newer concept than copyright and just as imaginary. Same imaginary quality applies to realty, vehicles, bank accounts and retirement plans etc.
      You DON'T own your freedom, Sebastian. It's just government decided to jump in and forbid people with bigger guns from making your lazy ass to do some work for the human kind. You don't own your domicile - it's just government decided to jump in and prevent people with bigger fists from kicking you out. Yeah, even from your mom's basement. When you apply your logic you DON'T own anything - it all can be taken from you and there is nothing you can do. You are only allowed to sit in a room with a comfortable temperature and type your BS for all the internets to see just because the same governments you have condemned jumped in and took you under protection of the law.

    43. Re:I just wrote this guy an email: by crumbz · · Score: 1

      Just to clarify something for you, all property rights are "imaginary" rights. Whether the property right is over a tangible or intangible object is not relevant.

    44. Re:I just wrote this guy an email: by CRCulver · · Score: 1

      But what are "natural rights"? The laws that prevent me from committing murder, rape, theft of concrete (ie not intellectual property) objects, cannibalism, and a number of other heinous crimes are all artificial laws "propped up not by nature but by government." Are these laws any more "natural" than copyright laws?

      During the heyday of natural right theory, there was a belief that certain rights (to not get murdered or raped, etc.) were absolute, granted by God or Nature or whatever. Other rights, such as voting rights and copyright, were understood to be up for debate, for it was left to men to arrange those rights for the benefit of society at any given time. There was some controversy on certain points, but no one ever thought copyright a natural right, because with their firm grounding in a classical education, thinkers of the Enlightenment knew that copyright was a recent concept absent from those textbook past societies they considered just.

      In a world without copyright, I agree that there would still be music and literature. But what about movies and games?

      Most of the masterpieces of world cinema that I can think of were not expected to turn much of a profit, but the studios still went ahead with them anyway. They were realized through private patronage, state arts funding, or some combination of the two. Box-office earnings were only a nice extra. In Hong Kong, the film industry thrived in spite of massive piracy where it's hard to even find legitimate recordings for sale.

      So, yes, there would still be films. And high-quality films with excellent cinematography, thought-provoking scripts and fine acting. If there wouldn't be any more more 200 million-dollar special effects extravaganzas, well, that's no big loss.

    45. Re:I just wrote this guy an email: by Totenglocke · · Score: 1

      "Many laws have been repealed and governments overthrown because people were more concerned with doing what was right than doing what was legal."

      But the real change - the change that counts in the end - happened when those laws were repealed, not when people were flouting them, unjust as they may be. Slavery didn't end when people ignored or broke laws condoning the practice, but when those laws were finally gone.

      So yes, it is the legality that counts.

      No, because the laws were only repealed due to people not supporting them and, as a result, not following them.

      You're only looking at the end result, not what caused that result to occur.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    46. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      So, say, Wayne Gretzky invented a lot of goal-scoring moves. Are you abetting a crime every time you watch someone score using those moves without paying their inventor?

    47. Re:I just wrote this guy an email: by jedidiah · · Score: 1

      Congress has the power to act certain to a number of limitations.

      You (quite dishonestly) make it sound like the Congress has Carte Blanche here. It does not.

      Progress the only thing that gives Congress the rigth here. Your personal greed is irrelevant.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    48. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Oh that's just silly. Someone spent hours and hours creating calculus, moveable type, just intonation, structured code, the piano, the wheel, boolean algrebra, brake dancing, 3d perspective, the US constitution, the back stroke, subsumption architecture, cubisim, tonal harmony, quantum mechanics, and yes, the Linux that powers the very web site you are posting on. But I got it all for free. That's how culture works. The idea that creativity and innovation is somehow tied to a particular monetary model is total BS. You really think poets would stop writing poetry, mathemathcians would stop proving theroems, musicians would stop making music if they weren't getting paid? If so, you don't know any musicians, at the very least.

    49. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Learn it.

      Did you think there were people reading your first sentence who thought that your next sentence was going to be "But you already knew that!"?

    50. Re:I just wrote this guy an email: by richlv · · Score: 1

      You just "composed" the above comment. FOR FREE. Why?

      why are you so sure about that ? riaa or similar organisation probably can afford a person here or there...

      --
      Rich
    51. Re:I just wrote this guy an email: by tepples · · Score: 1

      But you do choose your religion.

      Except in countries with a state religion.

    52. Re:I just wrote this guy an email: by PrecambrianRabbit · · Score: 1

      I would feel morally wrong downloading this composer's sheet music from a share site, especially knowing that he really doesn't want me to do that.

      Legally, I'm breaking the law by downloading it.

      I guess it seems to me that morality and legality line up in this instance, but maybe I misunderstood your point.

    53. Re:I just wrote this guy an email: by Chowderbags · · Score: 1

      The powers of government derive from the just consent of the governed. When such powers are abused, it is our right to alter or abolish those powers. Given that many people today willfully (and in basically every other case, inadvertently) break copyright laws, these laws are no longer aimed at some small minority of those who are harming the creator of a work, but at the greater population of people revolting against a system that has been stacked against them. We have gone from a fair system where works entered the public domain on a regular basis, expanding our collective culture, to a world where new stories and new ideas are under lock and key, for at least as long as we will be alive, if not forever. How should we respond? What would you have us do? We had a bargain of giving an amount of time for an artist to enjoy the blessings of their work, and then that work was to be passed along to all of us. The side beneficial to the population at large has been abandoned, so why should we be willing to take the negative?

    54. Re:I just wrote this guy an email: by Jack9 · · Score: 1

      Copyright is a recent concept. As recent as the Renaissance.

      For someone trying to cite history in your argument, you sure know little about it. All of the inalienable rights as we know them today derived from the Enlightenment which was centuries after the Renaissance. The term "inalienable right" was coined in the 1600s.

      He demonstrated accurate knowledge. You're talking about inalienable rights and the origins of the terminology. The statement you quoted describes the relative time period that copyright was coined. His statement is not invalidated, nor his point in-total with your addition. The fact he states 1 is not the other, holds true, as well the dates and purposes assigned to the origin of copyright.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    55. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      The word itself, perhaps. The term has its roots in Roman nationalism, where the fasces was used to symbolize the Republic.

    56. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Unless 'We the people' want such an amendment and Congress wont allow one.

    57. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      This concept of owning ideas and controlling what you did with them was nothing but lies, just like the rest of christianity.

      When writing for the purpose of trying to change people's ideas regarding copyright, I suggest if possible not to mix it with strong criticism of other things that the recipient of your communication may hold dear. In the case of people who hold christian beliefs, I bring up the story of Jesus multiplying the bread and fish. Since they will not accuse Jesus of stealing from bakers and fishermen by making copies, it becomes easier to get them to stop using the word stealing when referring to copying, therefore allowing them to think about copyright without an irrevocable, predetermined condemnation from god being applied to the copiers.

      Making copies. What Would Jesus Do?

      Since copyright laws are being propagated in large part by the USA right now and they have a big percentage of christians, I think this approach is necessary. I suspect from the tone of your post that you'll have a ball using this. Enjoy!

    58. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      He chose to share it for free. Copyright gives him that choice. It also lets him keep to himself, if he so chooses, or to only share it with a certain group of people under certain conditions, or for some form of compensation, if that's what he wishes. Aboloshing or ignoring copyright takes away that freedom. And his comment, I'm sure, didn't take months or years to create, nor is it something he believes will compensate him if it did take that long to create. But of course his posting of a comment has as much to do with his belief in copyright as your lack of posting of your bank account details. If you really believed in the universal freedom of information, you'd post that. Prove me wrong, fuckwit.

    59. Re:I just wrote this guy an email: by tirnacopu · · Score: 1

      ..nothing but lies, just like the rest of christianity.

      You will have a really hard time trying to persuade a Christian person that your ideas are sound if you spice your discourse with offensive and ridiculous affirmations like this.

    60. Re:I just wrote this guy an email: by Mitreya · · Score: 1
      Yes, you are right. And that is why copyrights expire, just like children grow up.

      Ghm. I respectfully disagree. Aren't copyrights life of author + 70 years now? Even if they are never extended again (big if!), I would not say that they really "expire". If I were to have a child in the next few years, that child is very likely to die of old age before anything that's been created today actually expires (unless it was created by a very, very sickly author, in which case they might be lucky enough to see it go out of copyright in their 70s)

    61. Re:I just wrote this guy an email: by TheEyes · · Score: 2, Interesting

      I do believe, like many other creators, that our creations are like our childs. You don't own your children. You have to feed them, care for them, and protect them until they are mature enough to have a life on their own. And then they are gone. They are as free as you are.

      Yes, you are right. And that is why copyrights expire, just like children grow up.

      When? When do copyrights expire? I'm thirty years old; I've never seen a copyright expire. My father is sixty years old; he's never seen a copyright expire. My grandfather may have seen a copyright expire, but he's been dead for over a decade so I don't know.

      The GP may be wrong with his "Ideas are meant to be free!" hippie nonsense, but that doesn't make the current situation right either. The biggest problem with modern copyright law, as I see it, is that it has no notion of the fact that, after a certain amount of time, the value of the work ceases to be in the originality of the idea, but in the way the idea has entered the public consciousness. This is, I think, the original intent of works entering "public domain": the public itself is now the source of the value for the work, and should be the ones benefiting from it. At that point, the copyright institution is no longer rewarding a creator for his creativity, but merely creating a welfare state where the creator is leeching off of the public's thoughts.

      For instance, look at Catcher in the Rye. In the early 50s, when it was first published, it was innovative and new and controversial, undoubtedly a creation worthy of reward. Over the years, it has incited a large amount of controversy, frequently being banned from libraries and classrooms, given the blame for a number of murders, etc. It has entered the public consciousness; the work itself is in many cases irrelevant compared to the reactions it has caused. At this point, it is impossible to disentangle whether the real worth of the novel is in the words themselves, that the author is saying to the public, or in the words and stories that the public are telling each other related to the work. The former may deserve reward for the writer, but the later surely does not, as it essentially lets the writer leech off of the public forever.

    62. Re:I just wrote this guy an email: by master_p · · Score: 1

      You CAN profit from what you do, but always remember, you DON'T own your creations.

      Excuse me, but that's the silliest thing I've heard all day!!! a man's creations are owned by him/her, period. To say anything else, it's retarded. If we don't own our creations, then we would be hardcore communists, and we all know how well communism played out. The freedom you have to post such kind of stupid comments (which were surprisingly modded interesting) came from a society that valued the exact opposite of what you posted.

    63. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      Bullshit. My country (Argentina) is 200 years old. I have native blood going back thousands of years into this land. I also have European blood. My ancestors where on both sides of the conflict 500 years ago. We've earned what we have. Maybe you understand your government as some magic entity that came to be out of nothing. I don't. We built this country. We built what we have. Yes, all of us have sort of lost control of the government, but in the end, we keep it up with taxes. So, it's not a magic entity giving as charity. It's us organizing, teaming up, and taking care of each other.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    64. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      Asshole, read my fucking post. Copyright is a modern law. Nobody 'owned' creations until recently.

      Also, you don't own your creations. You just get a special right for a few years that allows you to control what people do with your creation. You still don't own it.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    65. Re:I just wrote this guy an email: by vegiVamp · · Score: 1

      > You just "composed" the above comment. FOR FREE. Why?

      Yes, and we have, from time to time, people who copy other people's comments, word-for-word, and post them as their own. Those bring nothing whatsoever to the discussion, often even posting comments that are not fully in line with the discussion they're posted in. It is utterly useless, and highly disrespectful of the people who took the time to craft their thoughts to paper to share them with us.

      Your point ?

      --
      What a depressingly stupid machine.
    66. Re:I just wrote this guy an email: by Krahar · · Score: 1

      I like that you are taking action in defense of the ideas that you believe in. I think that starting off with "Let me explain a few things to you, since you seem to have wrong information regarding "copyright" and other fictitious concepts." may predispose him to be unreceptive to whatever comes after it, and also be more unreceptive to other people presenting such ideas. I know that I personally would be a lot more receptive to someone starting off with "I read the story XYZ, and in it I can't help noticing some underlying assumptions about the nature of copyright being made. I hope to challenge some of those assumptions in this email." Even better to first point out something that you like or a point where you are sympathetic to his situation.

    67. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      Wow. That is just brilliant. Nobody that knows me will buy it, though, they know I'm a recalcitrant Atheist. But I'll certainly use it among people that isn't yet aware of that fact.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    68. Re:I just wrote this guy an email: by Threni · · Score: 1

      > You just "composed" the above comment. FOR FREE. Why?

      His employer probably paid him to do it (ie on his lunchbreak). It took a few seconds. You're drawing an analogy to suggest that composers (or authors, developers, screenwriters, actors etc) who spent their entire lifes studying and writing new music (or whatever) should similarly give compositions (etc) away for free? I mean, i'm sure they would, in a world without money, where you don't fear not having enough money to feed/teach your family; have enough to eat in old age, pay for medical treatment etc. You can't expect them to adopt the `not getting paid` bit without the `not having to pay for stuff` bit - they sort of go together, yes?

    69. Re:I just wrote this guy an email: by PieceofLavalamp · · Score: 1

      For someone trying to cite history in your argument, you sure know little about it. All of the inalienable rights as we know them today derived from the Enlightenment which was centuries after the Renaissance. The term "inalienable right" was coined in the 1600s.

      while this statement maybe correct i fail to see how it applies. So he's using concepts from separate time periods. As long as the concepts are being applied appropriately i fail to see the problem

      The motive: To ban unwanted books. In a word: Censorship. This concept of owning ideas and controlling what you did with them was nothing but lies, just like the rest of christianity.

      Yes, the Catholic Church wanted censorship. But copyright has nothing to do with censorship. The Catholic Church was trying to stop the spread of new ideas, ideas that might threaten them. Copyright law allows the spread of new ideas, but does not allow the unauthorized replication of old ideas.

      Copyright aims to control, for a duration that for a single generation might as well be permanent, the spread of all ideas including new ones . Censorship is just a bit more extreme in that when it tries to exert control over an idea it tries to squash it entirely, instead of controlling it. And Censorship has no issue going after old ideas, thats why so many christian holidays were basically written over older pagan holidays.

      Nobody owns ideas. Nobody owns art. They belong to the human kind. Period. Any attempt to control ideas is nothing but another fascist atempt at control of this Orwellian society.

      It is true that no one can own ideas like they can own a screwdriver. That is why copyright law was invented. The idea is to give incentive to create. If no one paid for ideas, then no one could make a living off coming up with those ideas. The only composers would be rich people who could live off of their savings. The music industry would be tiny. Etc.

      And of course now its getting harder and harder to create because you might step on someones ancient copyright and be hugely liable.

      I do believe, like many other creators, that our creations are like our childs. You don't own your children. You have to feed them, care for them, and protect them until they are mature enough to have a life on their own. And then they are gone. They are as free as you are.

      Yes, you are right. And that is why copyrights expire, just like children grow up.

      Yes but unlike copyrights i will see children grow up in my lifetime, or at least my son will. My son probably won't see the recently deceased Michael Jacksons works in public domain in his lifetime. He probably won't even know who he is beyond some vague zamani-ish concept. But his works will be protected.

      A more valid analogy here would be if you made a house that was a replica of the house your friend was building. And it would be totally ok.

      Your friend put so much work into making that design for the house. He spent hours and hours. Time that he could have spent building houses and making more money. Now you come along and take his design without compensation. You didn't have to spend all of those hours creating the design. It doesn't cost you a penny, but it cost him a lot (remember, time is money). Now is that fair?

      Well if its a nicely designed house it will raise both property values by improving the neighborhood. Weird how when we share everyone can benefit sometimes.

    70. Re:I just wrote this guy an email: by excelsior_gr · · Score: 1

      Ahem... This is a little bit offtopic, but in the view of Socrates obeying the laws is part of being moral. This was one of the reasons he did not escape his prison (and was executed), while he could easily have done so.

    71. Re:I just wrote this guy an email: by Noonian+Soong · · Score: 1

      I agree with your statement that there is a difference between morality and legality. But legality without morality is not oppression.

      Legality is the state in which people have to do what is right because they would face a penalty otherwise (in order to combine everyone's personal freedom). Morality goes further than that because morality does not just look at people's actions but also at people's motivation, their thinking, etc. Legality can be enforced by a state, morality cannot because no one can actually make someone else think a certain way. (I can prevent them from saying what they think, but their inner convictions cannot be controlled by anyone.) There are of course actual states that try to regulate the morality of their citizens but such attempts are futile. That is why actual laws can never be based on morality.

      That said, actual laws need to comply with legality and since morality demands the same things as legality (plus things regarding motivation etc.), laws that are in accordance with legality are also in accordance with morality (but do not cover all areas that morality does).

      So that means legality and morality are two mostly independent systems and while I would rather live in a moral world, I have to (and can) deal with the fact that I live in a world with people who are not completely moral and since morality cannot be enforced, I have to settle for legality (which is enough most of the time because it guarantees my freedom).

      I totally agree with you in respect to copyright being unjustifiably used against society, though.

      --
      The strength of a civilization is not measured by its ability to fight wars, but rather by its ability to prevent them.
    72. Re:I just wrote this guy an email: by matzahboy · · Score: 1
    73. Re:I just wrote this guy an email: by matzahboy · · Score: 1

      You just "composed" the above comment. FOR FREE. Why?

      People volunteer all of the time. But they have a side job that they need to make money. Much less music would get composed if composers could not earn a living.

      The music industry would be tiny. Etc.

      Here's the part where you're supposed to explain why that's a bad thing.

      Do you enjoy listening to music? Do you enjoy having a huge selection of songs to choose from?

    74. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      That comment is to a full work of fiction or non-fiction as a child's finger painting is to fine art. The one is done as a hobby, the other as the main work for some period of time or a secondary work for an even longer period of time. A tiny music industry would produce less new music and likely of a lower quality* than we currently have today. While I'm not much of an arts type myself, I still would prefer to see a healthy and robust music industry.

      *in terms of instrument quality, recording fidelity, etc.

    75. Re:I just wrote this guy an email: by matzahboy · · Score: 1

      Do you believe that every single Christian has the same goals in life and shares the same beliefs? Do you believe that every single Christian is working together for an agreed-upon agenda?

    76. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Modern capitalism in itself is a christian idea.

      Adam Smith is the author of "The Theory of Moral Sentiments" as well as "An Inquiry into the Nature and Causes of the Wealth of Nations", and they should be read and understood together. Modern capitalism is all "Wealth of Nations" and no "Moral Sentiments". Communism is neither moral nor wealth producing.

    77. Re:I just wrote this guy an email: by DaveV1.0 · · Score: 1

      It isn't immoral because it is illegal. It is illegal because it is immoral.
      It is immoral because you are getting something of value without compensating the person who created said thing.

      You want to go by the "morals" of 2500 years ago?

      2500 years ago it was considered not only legal, moral, and socially acceptable but also expected that a man would have sex with young boys. The boys didn't really have a choice in the matter because it was expected of them as well.

      2500 years ago, it was moral to treat women like chattel, kill homosexuals*, engage in slavery, torture one's enemies, rape the women of one's enemies, and to engage in genocide.

      You may want to rethink the time period you choose for your moral exemplar.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    78. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      Your question was answered before, by one of the greatest man to have ever lived:

      --With this I come to a conclusion and pronounce my judgment. I condemn Christianity; I bring against the Christian church the most terrible of all the accusations that an accuser has ever had in his mouth. It is, to me, the greatest of all imaginable corruptions; it seeks to work the ultimate corruption, the worst possible corruption. The Christian church has left nothing untouched by its depravity; it has turned every value into worthlessness, and every truth into a lie, and every integrity into baseness of soul. Let any one dare to speak to me of its "humanitarian" blessings! Its deepest necessities range it against any effort to abolish distress; it lives by distress; it creates distress to make itself immortal. . . . For example, the worm of sin: it was the church that first enriched mankind with this misery!--The "equality of souls before God"--this fraud, this pretext for the rancunes of all the base-minded--this explosive concept, ending in revolution, the modern idea, and the notion of overthrowing the whole social order--this is Christian dynamite. . . . The "humanitarian" blessings of Christianity forsooth! To breed out of humanitas a self-contradiction, an art of self-pollution, a will to lie at any price, an aversion and contempt for all good and honest instincts! All this, to me, is the "humanitarianism" of Christianity!--Parasitism as the only practice of the church; with its anaemic and "holy" ideals, sucking all the blood, all the love, all the hope out of life; the beyond as the will to deny all reality; the cross as the distinguishing mark of the most subterranean conspiracy ever heard of,--against health, beauty, well-being, intellect, kindness of soul--against life itself. . . .

      This eternal accusation against Christianity I shall write upon all walls, wherever walls are to be found--I have letters that even the blind will be able to see. . . . I call Christianity the one great curse, the one great intrinsic depravity, the one great instinct of revenge, for which no means are venomous enough, or secret, subterranean and small enough,--I call it the one immortal blemish upon the human race. . . .

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    79. Re:I just wrote this guy an email: by AK+Marc · · Score: 1

      It is immoral because you are getting something of value without compensating the person who created said thing.

      He wasn't harmed. You are asserting that you can wrong someone without harming them. Others disagree. You are asserting your opinion as fact. Do I get to play that game as well, or is your opinion more important than everyone else's?

      You may want to rethink the time period you choose for your moral exemplar.

      Oh, so you are a moral relativist. We can change morals based on what people believe. So if we all choose to decide that sharing material isn't immoral, then it won't be. That's so much easier. Let's just get people to decide sharing isn't immoral, and we'll get rid of a crapload of laws and remove a number of society's problems.

    80. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      I don't live in the United States. I proudly live where I was born and raised (Argentina).

      On the other hand, I wasn't talking about legal issues. I was talking about right and wrong.

      Also, that religious reverence you profess for your "Founding Fathers" is just a huge living Freudian case study. The fact that some guy 200 years ago thought something was right makes truly no difference today. He could have been wrong. Anyway, if your funding fathers were right, they were only right in their time. Lots of things change, and what was considered right 200 years ago has no reason to be considered right today.

      Freedom is about being able to shape and affect the world anyway you want (and can), and it is about questioning anything you want. Even what your sacred founding fathers wrote.

      Those men you so easily dismiss stood up and risked death (by hanging, the standard method for traitors) for their particular beliefs about the rights and freedoms they believed humans are entitled to.

      In other words, they actually did and lived through the things you're just bulshitting about.

      So feel free to dismiss the laws they put down as obsolete simply by virtue of the fact that they're 200 years old. They were espousing the same belief in innate human rights that you claim to be, so you expose your own hypocrisy.

    81. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      Copyrights expire?  My, you are naive.

    82. Re:I just wrote this guy an email: by qnetter · · Score: 1

      "If you created a magnanimous work of art, that work of art belonged to the human kind. "

      Um, no. Few created a "magnanimous work of art" -- they were funded by patronage, i.e., the government.

    83. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      what a retarded p[iece of drivel.
      typing a few sentences for free is totally comparable to writing a piece of music or spending five years of your life on a movie right?

      Fucking hell, is this the pathetic level of 'debate' on this pro-piracy hippie-love in?

      get a job hippies.

    84. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      I'm not talking about the actual piece of art. I'm talking about the content. Also, I'm not talking about what the law says. I'm talking about what should be. Ethics and the law not always go together, sadly.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    85. Re:I just wrote this guy an email: by GNUALMAFUERTE · · Score: 1

      Half of your "funding fathers" where slave owners.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    86. Re:I just wrote this guy an email: by Anonymous Coward · · Score: 0

      If you're going to try to give someone a history lesson, you need to a) get your facts right, and then b) cite sources. Otherwise you just sound like a crazed conspiracy theorist, even if parts of what you write it true.

    87. Re:I just wrote this guy an email: by hicksw · · Score: 1

      First GNUALMAFUERTE said "I do believe, like many other creators, that our creations are like our childs. You don't own your children. You have to feed them, care for them, and protect them until they are mature enough to have a life on their own. And then they are gone. They are as free as you are."

      Then matzahboy replied "Yes, you are right. And that is why copyrights expire, just like children grow up."

      And when did you last see a copyright expire? 1998?
      --
      All laws exist for a reason. It usually isn't a good one.

  19. Fuck the law and copyright is not a good one. by flayzernax · · Score: 0

    I'm going to reply with my infamous trolly reply and get ignored in the wash of babies crying in the night because Alderan (or however u spell the star warsy planet) got blowed the fuck up.

    A. No one consulted me when they put into effect copyright law.
    B. I don't like how they enforce it and don't deem it fair.

    Rights are something humanly innate, and I am not denying anyone any of their "right to do " when I copy the shit they provided to the public.

    If you don't want your shit copied it should be 100% on the producer of the work to provide it in such a way and be wholly responsible for it to not get copied if it does, TOUGH SHIT, life happens produce something else.

    Bards and minstrels and many more performance artists existed and did just fine before the U S of motherfecking A got raped by the British and copyright law existed.

    And lets do some further studying of what Catholic monks copied back in the day at the dawn of the printing press.

    Enforcing arbitrary laws on people for the benefit of a minority (very rich corporate executives) because the individual artists are fucked either way is not the way to go.

    So ... FUCK YOU and your goddamn western civilization based on fucking lawyers and pencil pushers.

    All misspellings and poor grammar is intentional.

  20. Re:No. by Sponge+Bath · · Score: 1

    "snacking on your soul"

    That would make a great name for a goth band.

  21. Of course there are by Anonymous Coward · · Score: 0

    from the so-you're-saying-there-are-living-composers dept.

    Of course there are, silly. The dead ones are decomposers.

  22. Self Justification by MBCook · · Score: 3, Interesting

    Eleanor is justifying her own behavior, clearly. I enjoyed the "I'm not saying you're not right but you're totally wrong" line. I actually though his "photocopy my book" argument was quite compelling.

    I will say, I understand Eleanor a bit. Sheet music seems amazingly expensive to me. Why does it cost $4 to download and print sheet music?

    I can buy a large orchestration of a song, made with 100 musicians and a 50 person choir, for $1. But the sheet music, which is reduced to be played on one or two instruments, costs $4? That just seems off. The only good argument I could see would be to make up for people performing the music, but that requires a separate license payment (doesn't it?), so that can't be it. Actually, a song for Rock Band often costs ~$3. That's a full, high quality 5.1 sound, in 5 tracks, translated into 4 note custom note charts in 4 difficulty levels. That's a ton more work than went into the sheet music, but it's still 25% less money.

    Then there's the fact that the sheet music is a byproduct of the process of making music. To make the "easy piano" version of "Smells Like Teen Spirit" takes extra work, but the full version of the guitar part was already written for the song. By the same token, do you think Elton John never would have produced sheet music for "Candle in the Wind" if he didn't want to sell the sheet music? He would have made it either way.

    I like tinkering around on my keyboard, and playing simple songs. But sheet music is expensive, when you can find it. Can you even find piano arrangements of video game themes/music in stores?

    He certainly deserves to be paid, I'm just not sure the price is in line with the relative value... which is why I don't buy much sheet music (and when I do, it's usually large collections).

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:Self Justification by LingNoi · · Score: 5, Interesting

      I don't believe Eleanor is even real..

      Most of the teenagers I have met who are into theatre would do the free song before they would do the one for $3.99 unless they had a really good reason.

      No teenagers talk like that. Ever. The guy wrote it himself look at the writing style between his responses and hers, they're practically the same. He made it up.

    2. Re:Self Justification by Shadow+of+Eternity · · Score: 1

      Maybe it's because I'm not a musician but claiming copyright on sheet music seems to me like trying to claim copyright on the definition of a product, so that nobody can even know what that product IS before buying it.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    3. Re:Self Justification by Anonymous Coward · · Score: 0

      He is a composer for musical theatre, and the work in question is a song from a play. So the end product of his work is the composition itself, as represented in sheet music.

    4. Re:Self Justification by Anonymous Coward · · Score: 0

      I actually though his "photocopy my book" argument was quite compelling.

      That "argument" is just begging the question. It falls apart at "just because technology makes doing a bad thing easier doesn't mean it's suddenly not a bad thing" and then he just re-asserts his opinion that it is a "bad thing", just as for sheet music.

    5. Re:Self Justification by 2Bits · · Score: 1
      I can buy a large orchestration of a song, made with 100 musicians and a 50 person choir, for $1. But the sheet music, which is reduced to be played on one or two instruments, costs $4? That just seems off.

      Let's play the devil's advocate here and come up with a car analogy. I can buy a huge bus which can seat up to 80 people for much less than a Ferrari sport car, which can only seat two.

      The cost of the music sheet, as compared to the price of an orchestrated song, has nothing to do with the argument. Neither the cost of production. Even if it had, it would just be a non-central argument. This is demand and supply. He wants to price music sheet at $4 per sheet, that's perfectly legal. From the demand side, you just don't have to buy it. You can find another supplier, for some cheaper replaceable products. Put aside our point of view regarding copyrights and patents, that does not justify you to take it for free.

      Now, I do think that his price is way off too, but that's not really the point.

      ps: I have stopped buying any new music albums since 2000, and basically listen only to what I had bought before that, or go to listen to live music only. Or only when a friend is willing to lend his CD. As much as I like ebooks, I just buy dead-tree versions only, to avoid DRM. That's unfortunate, I really prefer to a disk full of ebooks than a library full of books. And I'd like to carry all my books in my pocket too.

    6. Re:Self Justification by Late+Adopter · · Score: 1

      I will say, I understand Eleanor a bit. Sheet music seems amazingly expensive to me. Why does it cost $4 to download and print sheet music?

      It's a different market. The characteristics of the people who are likely to need sheet music are different from those who are casually looking for music to listen to. They might represent a choir or orchestra group with an actual budget.

      Pricing shouldn't be used as a justification for saying a given business is broken, it merely reflects the equilibrium of that business world.

    7. Re:Self Justification by drosboro · · Score: 1

      Then there's the fact that the sheet music is a byproduct of the process of making music. To make the "easy piano" version of "Smells Like Teen Spirit" takes extra work, but the full version of the guitar part was already written for the song. By the same token, do you think Elton John never would have produced sheet music for "Candle in the Wind" if he didn't want to sell the sheet music? He would have made it either way.

      Actually, that's not necessarily true. I know a lot of guitarists who barely (if at all) read music. I also know a few transcriptionists, who get paid to take stuff that guitarists play in the studio and come up with the written parts. I'm not sure what Elton John's process looks like, but I doubt very much that he's writing out parts like those you see on the average "Candle in the Wind" sheet music. More likely, he's jotting down a few phrases and chord changes, and improvising the rest - and again, most likely a transcriptionist / arranger is being paid to actually come up with the sheet music as you buy it. I know of very few musicians outside of the classical realm who actually produce fully-realized scores.

    8. Re:Self Justification by Anonymous Coward · · Score: 0

      Yes. Also the line "Sent from my iPod" was missing. At the very least he edited her text.

    9. Re:Self Justification by IICV · · Score: 4, Interesting

      I believe you are correct, sir. Either he is filtering what she actually said through his own words, or he made her up out of whole cloth. My little sister is in the same age range, and although she tries to mimic the way I type when we e-mail or chat (you know, with real capitalization and grammar and suchlike), she always ends up making at least some mistakes.

      Throughout the whole exchange, this girl makes almost no errors - an intentional "u" instead of "you" in the first e-mail (which is quite odd when juxtaposed with the proper capitalization, but that happens in some clients), a couple of missed caps in the fourth e-mail (which is again odd when contrasted with the first e-mail; different clients, perhaps?), and that's about it.

      No homonym mixups, no further abbreviations that I can see, no Internet talk at all. Hell, her writing is even stylistically sound - no doubled punctuation (which is quite common), no overuse of ellipses (which I know I was guilty of until college, even), relatively simple and to the point, doesn't get lost in her own verbiage when trying to make a point.

      She's a far better writer than I was at that age, which is possible - however, I was pretty good at it according to all those standardized tests, and he randomly picked her out of a sample of 400 users on one sheet music trading website? That's kind of odd, but I guess a sheet music trading website would self-select for higher literacy. On the other hand, she does kiss his ass to an absolutely astonishing degree, calling him a "genius" no less than three times while heaping other praise on him. You'd think that if she was grumpy about him contacting her personally she might tone it down a little, especially if she didn't recognize his name right off (see her first e-mail).

      Further, and somewhat more damning in my mind, are the timestamps. His mail client has to be one of the retarded ones that doesn't translate sender time zones to your local time, because otherwise this Brenna not only pirates sheet music but is also capable of time-travel. This makes getting an accurate idea of how long it took them to write their various e-mails more of a pain in the butt.

      However, according to his blog, Jason would have most likely been writing from either LA or Italy; it's pretty obvious from the first exchange that he's not writing from GMT+2 to the USA, so I'm going to assume that he was writing from Pacific Standard Time. Given that, the only reasonable place for Brenna to be is Hawaii, after the aforementioned time-traveling; just look at the timestamp on her fourth e-mail compared to the one she's responding to. So we have a highly literate, sheet-music trading teenager who lives in Hawaii (of all places), with its teeny tiny population, who just happened to be part of a random sample of 400 people on a sheet music trading site. This is getting less likely by the minute, though that's not saying much from a statistical perspective.

      This brings up another problem, though: her great big "Bill" example, with perfect grammar and spelling and reasonable style, was written over the course of (at most) twelve minutes! Maybe I'm just weird, but that seems like a ridiculously short amount of time to write an example like that, especially when you're writing to someone who actually matters to you (she called him a "genius", remember?). She has to see the e-mail, compose her thoughts, write it up, maybe check it, and send the reply, all in the course of twelve minutes - and then she comes up with that cogent and well-written argument? Hmm.

      And as she mentions before, it's her iPod that puts the name "Eleanor" on her outgoing e-mails. Clearly at least some of the e-mails were written from it, as the guy refers to her as Eleanor once or twice (unless this intelligent teenager doesn't know the difference between an iPod and a mac, which would make Steve Jobs cry). However, this does mean that she's managed to type pretty quickly on that thing; if she wrote the Bill e-mail on it, she maintained at least 20 WPM

    10. Re:Self Justification by Pennidren · · Score: 1

      mod parent up. photoshopped!
      JRB probably took snippets of real conversations from his efforts and patched them together to create this "dialogue".

    11. Re:Self Justification by MadKeithV · · Score: 1

      Then there's the fact that the sheet music is a byproduct of the process of making music. To make the "easy piano" version of "Smells Like Teen Spirit" takes extra work, but the full version of the guitar part was already written for the song. By the same token, do you think Elton John never would have produced sheet music for "Candle in the Wind" if he didn't want to sell the sheet music? He would have made it either way.

      I am a musician, and I believe you are wrong. Just because a part is recorded doesn't mean it's written, available as easy-to-read sheet music, that the artist has any inclination to do so, or that the artist can even read/write music.
      Sheet music is in no way an expected by-product of much of modern music. In fact, practically none of my musician-friends ever produce anything like sheet-music for their stuff. I did once, for a popular song, and it's actually pretty dull and long-winded work, like documenting code after you've written it.

    12. Re:Self Justification by Windwraith · · Score: 1

      Argh where go mod points when you need them.
      I didn't actually notice until you pointed this out, and indeed, he might be retelling the story with his own words, or he might be lying about it.
      Considering many comments point out his "lack of modesty", that can be the case...
      Also the kind of teens that are "zero-sum" to argue with don't talk like that, indeed.

    13. Re:Self Justification by PrecambrianRabbit · · Score: 3, Insightful

      Talk like what? Grammatically, with few spelling errors? That's an awfully low bar. Surely on a site like this one full of reasonably intelligent people we can believe that at least a few teenagers are capable of writing coherent sentences. lolkthxbye

      (Sorry, had to do that :)

    14. Re:Self Justification by Anonymous Coward · · Score: 0

      20 WPM on most devices isn't unusual for teenage girls; they tend to be pretty fast compared to the average human. The maximum I've been able to find for iPhone texting in general (via Google) is about 56 WPM.

    15. Re:Self Justification by Anonymous Coward · · Score: 0

      - It was no "random" choice, but he picked the most interesting response.
      - She's not addressing him as genius (2nd person) but the real one (3rd person) who she thinks he claims to be.
      - Despite the parents-wont-buy argument I don't see a hint why she might really be a teenager, and not just pretending to be to make that argument.

    16. Re:Self Justification by Anonymous Coward · · Score: 0

      To make the "easy piano" version of "Smells Like Teen Spirit" takes extra work, but the full version of the guitar part was already written for the song.

      Do you really believe that song was composed on paper?

    17. Re:Self Justification by Anonymous Coward · · Score: 0

      She has to see the e-mail, compose her thoughts, write it up, maybe check it, and send the reply, all in the course of twelve minutes - and then she comes up with that cogent and well-written argument? Hmm.

      There are people who can write almost as fast as they're thinking. Properly written and well-though arguments, too. It also helps if the subject is very familiar, you know a lot about it, or have given it a lot of thought. It would have taken me 2-3 minutes tops to write that particular reply, first time. 12 minutes would have been plenty of time to review it and do some changes and corrections.

      Granted, I'm in my 30s but then again English is not my first language. I'd expect a reasonably literate teenager to do as well in their native tongue. Or is the literacy issue in the US that bad that it makes this unfathomable?

      Doesn't mean I don't appreciate (or even share) your scepticism. There are several things that don't add up in that exchange, the above is just one of them.

    18. Re:Self Justification by Anonymous Coward · · Score: 0

      It seems pretty obvious to me he was doing some self-advertising (Brenna = Jason). The funny thing is that it worked. I looked him up on Wikipedia. Doh!

    19. Re:Self Justification by Anonymous Coward · · Score: 1, Informative

      I disagree on the writing part. I've been running forums for a while now and people my age (this was a few years back) all wrote far better than "Brenna." No errors, good grammar, no chatspeak -- these teenagers were a dime a dozen.

    20. Re:Self Justification by Anonymous Coward · · Score: 0

      Having recently been a teenager, I have to disagree. While I'd say that most teenagers are pretty incompetent when it comes to writing, at least the top 5% can write well. Your comment is also a little ironic, since you're missing at least a comma between "himself" and "look".

    21. Re:Self Justification by Anonymous Coward · · Score: 0

      Sheet music seems amazingly expensive to me. Why does it cost $4 to download and print sheet music?

      I can buy a large orchestration of a song, made with 100 musicians and a 50 person choir, for $1. But the sheet music, which is reduced to be played on one or two instruments, costs $4? That just seems off. The only good argument I could see would be to make up for people performing the music, but that requires a separate license payment (doesn't it?), so that can't be it. Actually, a song for Rock Band often costs ~$3. That's a full, high quality 5.1 sound, in 5 tracks, translated into 4 note custom note charts in 4 difficulty levels. That's a ton more work than went into the sheet music, but it's still 25% less money.

      Two questions: Who consumes sheet music? What rights do you get when you legally obtain sheet music?

      The answers to those questions answer the question of why it costs so much. Sheet music is meant to be consumed by people who are covering the original composition.

      With music, you have many people doing many different things: music composers, lyric writers, performers, recorders, publishers, remixers, presenters, sellers, etc.

      When you buy an audio recording, you're buying the right to listen to a specific performance in a private setting. When you buy sheet music, you're buying the right to perform the music using a specific arrangement, as well as take that arrangement and modify it however you see fit and perform the modified version. If you are performing it in public, you often need a second license (not always).

      Think of it as a compiled app vs. source code. You can buy an app on Apple's App store for $0.99. I'm sure the developer (composer) would charge much more than $4 to sell you the source code.

      Following this line of thought, it seems to me that the music industry is horribly broken: Composer = Developer. Performers = Compiler. Recording = Compiled Software. Publisher = Publisher. And yet, software development is missing many of the "middle men" prominent in the music business. Why? Because a compiler can be created once and sold infinitely, whereas you usually have multiple performers who will "compile" the music in multiple ways multiple times? I think there's more to it than that.

      Maybe I should become a professional compiler; optimizing people's byte code for their unique software environment enjoyment....

    22. Re:Self Justification by Anonymous Coward · · Score: 0

      There's a simpler possibility: "Eleanor" is really a 57 year old male. Isn't that some sort of a rule on the internet?

    23. Re:Self Justification by auLucifer · · Score: 1

      Ever? Not even teenagers that are in drama class who also excel in English? Teenagers that are going through drama talent shows? A teenager that has hit 17, still lives at home and is at that frustrating age of being too young to do anything but old enough to understand some responsibility? Just because you have only ever encountered teenagers that can't string a handful of words together into a coherent sentence doesn't mean they don't exist. Of course there's a chance that you're right and this guy has done some of the best viral advertising in a long time, but I don't think it's as definitive as you make it.

      --
      If I was witty I'd put something funny here but, as it stands, I am not and have just wasted seconds of your life
    24. Re:Self Justification by kidgenius · · Score: 1

      She used the word "defiantly" when she most likely meant "definitely"....

    25. Re:Self Justification by registered_jack45 · · Score: 1

      He did make the whole thing up. The site in question (gleaned from his wife's blog) is pianofiles.com, where we find a certain jasonrobertbrown who signed up three weeks and six days ago and a multitude of brennas, none of whom have any history of actually trading sheet music. Incidentally a search for our main man gives not four thousand but 57 hits, only one of which has ceased and desisted (...) Gotcha?

      --
      don' eat the yellow snow
    26. Re:Self Justification by Anonymous Coward · · Score: 0

      There’s a chance, even after all that, that Elanor is a 14-year-old who writes well, without the telltale indicators that they are a member of the abbreviating, meme- and slang-obsessed internet culture we all know and love.

      If the fact that someone of that age (an age at which most of the world’s population is considered “adult”) writes clearly and professionally is cause to suspect a forged identity, I think that we as a culture have bigger problems than copyright abuse.

    27. Re:Self Justification by LingNoi · · Score: 1

      It's not that she writes "clearly and professionally" it's that there is no difference between the writing styles of both the blog author and the emails.

    28. Re:Self Justification by Anonymous Coward · · Score: 0

      Can't you remove that line yourself before sending?

  23. he talks abtou a site that has sheet music by Ralph+Spoilsport · · Score: 3, Interesting
    and lots of it for share-able download. WHERE? Sheet music goes out of print faster than stamps from Fiji. What I have I hold onto like gold. Example: Diamond Dogs by David Bowie. I bought the sheet music in 1975. Still have it. Haven't seen it since. Same thing with Orchestral Manoeuvres in the Dark's Dazzle Ships / Architecture and Morality. Bought the book in 1983. Haven't seen it since.

    And then there's these composers who are TOTAL PRICKS, like (cough) Philip Glass (cough) whose work is simply not for sale. You have to RENT the score to his work with the assumption of public performance, and renting a score of his is like $4000. No. shit.

    so if I want to sit down and learn that crazy keyboard part from Einstein on the Beach, I have to fork over $4k! What a bunch of bullshit.

    I would LOVE to find a sheet music sharing site. If anyone knows of some good ones, please let me know.

    RS

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:he talks abtou a site that has sheet music by madpansy · · Score: 5, Informative

      The best solution for individuals wanting to learn new music, inefficient in the short term but invaluable in the long run, is to learn how to play by ear and transcribe the music yourself. But I'm sure you've heard that before. Anyway here are some sheet music sites I know of, primarily piano.

      • PianoSheets.org Torrent site. Registrations are closed, but says you can go to their IRC channel to apply.
      • Piano Files Digital sheet music trading site. List your collection, then e-mail others to request sheets from their list to trade for.
      • GamingForce Video Game forum, but also has a broad range of sheet music. Have to register to see the forum; once you do, it's under concert hall > musician's library.

      In case anyone does not already know, IMSLP is a great site for public domain sheet music.

    2. Re:he talks abtou a site that has sheet music by Anonymous Coward · · Score: 0

      It took all of 10 seconds to find it for sale: http://www.musicnotes.com/sheetmusic/mtdVPE.asp?ppn=MN0065323

    3. Re:he talks abtou a site that has sheet music by Anonymous Coward · · Score: 0

      I'm posting as A/C because I want to speak the truth. I steal.

      I've stolen plenty of things. When I was young, I stole baseball cards. Bicycles. I stole a projector and bunches of computer components from college. I'm sure the majority of people on this planet have stolen things, whether they could afford them or not.

      In this case, what "Eleanor" did was steal. I don't care if you call it copying or harmless, you took something that was for sale and didn't pay for it. Law is law, and we all know you can barely sneeze in the US without breaking 6 laws.

      People will continue to steal and try attempt to justify it for all eternity. What happened here was a creator trying to ask people to stop providing stolen goods. Not coming with a court order or a cease and desist, just asking nicely. The girl then went on insisting that what she was doing is right and necessary and holy and good. She needs to get over herself, she's a crook, end of story.

      If Philip Glass wants to rent his scores for $4k and I want to look at it...guess what, I'm stealing it. The guy is freaking crazy. Much like I'm not paying for MS Office or anything Adobe makes. They price themselves way out of my realm because they know businesses will pay that price.

      Now, I know these companies have to remain in business, so I will gladly pay for something I see value in. AVG gets my money, I've purchased the lifetime licenses for all the Slysoft products, and I've paid nearly $1000 for all my Beatles stuff. I have over $40k in original DVDs and Blu-rays because I see value in them.

      Argue all you want about DRM and how copyright is wrong, but if you're going to steal, just admit to it. Don't try to cry about how the man keeps you down. Don't complain when the author or owner catches you in the act.

      Bottom line, I applaud Jason Robert Brown for trying to stop people from stealing his stuff, but he has to realize that if he wants that $3.99, he's going to have to find a better method of prying it from the hands of the teenagers. I'm sure if he put a vending machine in the school's band room, when a student wants a piece of his work they'll most likely dump some quarters in it rather than going through the trouble of copying every page. If he doesn't want to stick a vending machine in every school, he's going to have to deal with people stealing his work and making his money from the honest people. Jason is doing exactly the right thing, ASKING people to stop stealing his work and approaching the offenders himself, in a friendly and polite manner. I see that as being quite a bit better than sending a gaggle of lawyers after them. For me, I'd rather pay the 4 bucks than deal with the headache of trying to find it on a sharing site, and it makes me feel good knowing that I've supported someone that I appreciate. I might just go out and buy the damn sheet music from him just because I like his approach.

    4. Re:he talks abtou a site that has sheet music by Anonymous Coward · · Score: 0

      WOW OMD

      Run to dig out Dazzleships

      Awesome album, thanks for the memories.

  24. Re:"I'm just a guy trying to make a living." by Kral_Blbec · · Score: 1

    Ya, Google sure proves that information has no value

  25. The same old fallacy by Endo13 · · Score: 0

    This quote sums up his position nicely, and really demonstrates why the underpinnings of his entire rationale are flawed:

    that doesn't mean I surrender my right to get paid for providing the sheet music.

    Unfortunately, there's no such thing as a "right to get paid".

    He tries to hide it, but ultimately he still reveals himself to be a dick. Honestly, I'm not sure why he even bothered posting his "experiment". I guess he has no shame.

    --
    There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    1. Re:The same old fallacy by Anonymous Coward · · Score: 0

      People who want the benefit of my work have to pay for it. Sorry, I DO in fact have the right to be paid for it, no matter what it is.

      Whether I am writing a book or pushing my pencil at a corporation, if someone wants the benefit of my labor - I get paid. Just because it's easy to steal, the current generation thinks it's OK to steal. Can't wait until they realize that it applies to every new thing they create, too, whether it's a new processor that cost them a million dollars to make but I can copy for a hundred, or anything else.

    2. Re:The same old fallacy by Anonymous Coward · · Score: 0

      I bet your boss will be thrilled to learn that.

    3. Re:The same old fallacy by cacba · · Score: 1

      Its not a god given right, but it is a legally granted right for him to control the distribution of his work.

      I dont think I know of any god given rights, for example who knows if physics will implode tomorrow. We deal with what we have and the legal framework is suppose to help.

    4. Re:The same old fallacy by Endo13 · · Score: 1

      People who want the benefit of my work have to pay for it.

      Unfortunately, it doesn't work that way. Generally you'll get paid what your work is worth. Unfortunately, in some cases that may be zero.

      Sorry, I DO in fact have the right to be paid for it, no matter what it is.

      Wrong. Actually, no one has a right to "be paid". There's such a thing as a right to a fair wage, when you enter an employment agreement. Creating "art" and then trying to sell it isn't remotely the same thing. That's the reason copyright exists at all: it's to give you an opportunity to make money in those cases when you don't have a right to wages. However, the money you make on such work is still going to depend on a variety of factors such as its quality, the demand for it, and how well you market it. Just because you have sole copy and distribution rights in no way means you have any right to get paid for it.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    5. Re:The same old fallacy by Kitkoan · · Score: 1

      Honestly, I'm not sure why he even bothered posting his "experiment". I guess he has no shame.

      If he's involved in the submitting of this post, then he just got Slashdotted and now tons of Slashdotters know who Jason Robert Brown is and he may feel this could turn into many sales.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    6. Re:The same old fallacy by Anonymous Coward · · Score: 0

      if you write software, it's ok for me to download and use it without paying you? you'd understand that, right?

    7. Re:The same old fallacy by Kitkoan · · Score: 1

      if you write software, it's ok for me to download and use it without paying you? you'd understand that, right?

      To put in bluntly, I would. Its part of the cost of doing business. Not everyone will pay for your product regardless what you may feel it is worth. This has been shown over and over through out history in the form of theft. If someone wants it enough but doesn't want to pay for it then some people will use 'other' means to obtain it, regardless of the legality.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    8. Re:The same old fallacy by dfghjk · · Score: 1

      "Unfortunately, there's no such thing as a "right to get paid"."

      But there is a "right to get paid for providing the sheet music" when he owns the copyright. He gets to choose the terms and his terms require payment.

  26. Shows how stupid "IP" really is by Darkness404 · · Score: 4, Insightful
    This guy can't even give coherent examples on why "piracy" is bad because he treats them like physical property.

    Friend of mine is building a house. He drew up the plans, he chopped down all the trees, he's got it all together. He doesn't have a screwdriver. He calls me up, says, "Dude, I need a screwdriver." I happen to have a screwdriver, so I give it to him, but I say, "Hey, I need that back later today, I have some work to do." He looks incredulous. "I have to build a house, my man. I'm not going to be done in a day. And what if someone likes my house and wants me to build one for them? I'll need the screwdriver to build their house too, yo." So I suggest he get his own screwdriver. "Why can't I just use yours?" he says. I tell him he can use mine, but then I need it back, it's my screwdriver, after all. He insists that he has the right to take my screwdriver, build his house, then keep that screwdriver forever so he can build other people's houses with it. This seems unfair to me.

    But when I copy something, I'm not depriving someone of an original. If someone said "Hey, can I take your screwdriver for a few seconds, scan it in my computer and have my 3-D printer make me a replica?" I'd say sure. That is the closest thing to "piracy" in the physical world.

    The screwdriver he wants is a tool that he is using to further his own aims. I went out, I bought a screwdriver, now I should just give it away to someone? Now let's say I wrote a song - it took a lot for me to write it, and it has been my full-time job for over twenty years to make sure that the songs I write go out into the world to be heard and sung. The way I support myself and my family is through the sale of those songs, on CD's, in sheet music, in tickets. Sheet music represents almost half of my yearly income. You seem to be saying that you should be able to take that song, that screwdriver, just take it for free, and go build your career and your happiness without ever compensating me.

    ...And to that I say, don't release it if it is -that- valuable to you. Seriously, there used to be a time not too long ago that if you published something it automatically pretty much became part of the public domain. One only needs to study where Shakespeare got the ideas for his plays to see that (and the majority of his stories would -not- be in the public domain today that he adapted)

    If you don't want people using your stuff, don't release it. Don't write it down, don't publish it.

    I collect first edition copies of the works of Thornton Wilder. I've been doing so for a long time, he's my favorite author in the world. Friend of mine comes over to the house, sees my collection, and says, "Wow, I've never read any of this stuff. This one looks cool." He takes down "The Bridge of San Luis Rey." "Can I read this?" Sure, I say. It would be rude of me not to let him borrow my book to read, after all. You might even say it would be "nasty." Two months go by; there's a big hole on my bookshelf where "The Bridge of San Luis Rey" is supposed to go. I call my friend, ask him for my book back. He comes over and says, "I love this book, yo. Make me a copy!" I look at him strangely. Why would I do that? He can just go to the bookstore and get a copy of his own. "No, dude, I love THIS book, you should just make me a copy of it." But the publishing company won't be able to survive if people just make copies of the book, I say, and the Thornton Wilder estate certainly deserves its share of the income it earns when people buy the book. He says I'm a jerk because I won't make him a copy of this genius book that I shared with him. I tell him he's a prick and he should get out of my house, and that's the last time I see him for years.

    First off the guy is wrong in saying that the estate "deserves" to get a share of the profits. The book in question was published in 1927 just a decade or so shy of 100 years old. You don't "deserv

    --
    Taxation is legalized theft, no more, no less.
    1. Re:Shows how stupid "IP" really is by supersloshy · · Score: 1

      Yes, but what this guy doesn't understand is that the DMCA forbids this! yes, its perfectly fair that I should be able to play a legally bought Wii game on a Wii emulator on my PC but yet since I would be removing DRM it isn't allowed! Format shifting is a basic right, but thanks to the DMCA and the like you can't do that.

      Actually you're somewhat wrong. Standard music CDs don't have DRM on them, just raw music. Ripping them is perfectly legal since you don't remove the DRM. Same for backing up video games. If you back up the raw game, you don't break any laws. DS games, Wii games, PS2 games, PS1 games, everything can be backed up without breaking laws at all (especially PS1/Wii/DS games, which have no copy protection at all if I remember correctly except their awkward, non-standard format). You can still back-up things with DRM without format-shifting without breaking DRM, and it's still perfectly legal.

      --
      "Our country is not nearly so overrun with the bigoted as it is overrun with the broadminded." -Archbishop Fulton Sheen
    2. Re:Shows how stupid "IP" really is by Darkness404 · · Score: 1

      Yes, but my point was that he seem to think that fair use extends to everything, which it doesn't and he tries to make it seem like everything is comparable to CDs.

      And IANAL but it seems to me like ATARI, INC., Plaintiff, v. JS & A GROUP, INC., Defendant. would make it illegal to really copy the games even though you are technically allowed to have the backups...

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Shows how stupid "IP" really is by Anonymous Coward · · Score: 1, Insightful

      Darkness404 - you are exactly what he meant when he says that arguing with teenagers is a zero sum game.

      Just because you think stealing non-physical stuff is OK doesn't mean its legal (I'm sure that just because you don't deprive others of the material, you don't consider it stealing).

      You might not like the laws. Instead of trying to change them, you just ignore them. This line especially is priceless:

      If you don't want people using your stuff, don't release it. Don't write it down, don't publish it.

      Sure, and if you don't want people beating you up, don't step outside your house. So your suggestion to a professional artist is basically - don't want to get robbed, don't do what you do for a living?

    4. Re:Shows how stupid "IP" really is by Anonymous Coward · · Score: 0

      In short, this guy is a greedy, idiotic bastard, I really hope everyone boycotts him and urges others to do the same. He has no clue what he is talking about and as such will probably never achieve fame because hes obviously doing this simply as a profit motive and doesn't care about anyone else or about restoring sanity to copyright.

      They're called artistes, struggling to continue a flawed business model due to lack of innovation.

    5. Re:Shows how stupid "IP" really is by martin-boundary · · Score: 1
      The closest thing to piracy in the real world is fire. Let's say you discover how to light a torch on fire, warm your cave with it, cook your food with it, etc. Now some teenager sees that and comes to you, asks if he can have it too. You touch your torch to his, and now you both have fire.

      Unless you're a RIAA exec, then you refuse unless he gives you his favourite bear fur in exchange. In return you agree to stand in his cave for one night holding a torch to warm it. Moreover, you claim that if anyone tries to light his torch from yours behind your back, then you'll just stop making fire forever, and because everyone else is too stupid to discover it themselves, they'll all be cold and eat raw meat until the day they die.

    6. Re:Shows how stupid "IP" really is by Sean+Hederman · · Score: 2, Insightful

      If you don't want people using your stuff, don't release it. Don't write it down, don't publish it.

      And this is exactly why we have copyright and patents.

      To ensure that when a creative person dies, they don't take their "trade secrets" with them. In the Middle and Dark Ages, it was common for tradesmen who came up with a new process to keep it secret, often taking it to the grave with them.

      This resulted in continual reinvention of the same ideas, the inability to "stand on the shoulders of giants". The fact that you consider that a better solution than copyright is mindboggling.

    7. Re:Shows how stupid "IP" really is by Findeton · · Score: 1

      And that's why it should be illegal to use someone's copyright for profit, but if it's non-profit any use of it should be unregulated. By the way here in spain non-profit copies of copyrighted works (what you call piracy) are LEGAL.

    8. Re:Shows how stupid "IP" really is by Jafafa+Hots · · Score: 1

      "First off the guy is wrong in saying that the estate "deserves" to get a share of the profits. The book in question was published in 1927 just a decade or so shy of 100 years old. You don't "deserve" to live off of "royalties" of a book that your great-grandpa made."

      Not to mention the fact that in most cases of books that old, the family ISN'T getting the royalties, some corporate successor of the corporate successor of the corporate successor of the corporation who bought the rights for a pittance gets it.

      And I'm sure there are cases where there IS no estate, so the publisher just keeps the money and doesn't bother to mention to anyone that there's no longer a legal copyright holder.

      --
      This space available.
    9. Re:Shows how stupid "IP" really is by bickerdyke · · Score: 1

      This guy can't even give coherent examples on why "piracy" is bad because he treats them like physical property.

      You're missing something. That's the whole point of copyright legislation, treading an immaterial piece of work like a material piece of work, to let "artists" take part in an economical system that's based on the trade of physical goods.

      But when I copy something, I'm not depriving someone of an original. If someone said "Hey, can I take your screwdriver for a few seconds, scan it in my computer and have my 3-D printer make me a replica?" I'd say sure. That is the closest thing to "piracy" in the physical world.

      Yes, but the economy we're forced to live in and cope with (unless you're living on a self sustained farm) simply doesn't work for on scarse goods. We did well without copyright as long as there was the concept of an Allmende (similar to common land, but without even thinkng of that it is owned by someone at all) around. Songs and stories were kind of scarse, as they couldn't be reproduced easily by people outside the trade. (A story retold by your elder brother was less exciting then hearing it from a professional storyteller) - and there wasn't such a thing as an "author" at all! Stories were created by telling, re-telling and modifying old stories by the performes themselves.

      It's no wonder that during the early modern period, (someone already mentiond: when playwrights were piss-poor) the concept of mass-production slowly started to take off (first manufactories, if not book-printing, there were already xylographs) it deemed sensible to integrate ideas and concepts into the economical cycle.

      That worked quite well as long as those immaterial goods made up only a small percantage of the traded volume, but today, as more and more things are "virtual" and manual labor is worth less and less, the economy has to adopt somehow. Otherwise we will first see paradoxes like in TFA 1, and finally an imploding economy. It will collapse when "money" isn't backed and supported by countable goods with a price tag.

      1There is one in TFA. The composer wants his work to be as spread as possible as helives onhis reputation, but OTOH is required to keep his work as scarce as possible to monetize a demand. That's the actual problem with copyright.

      --
      bickerdyke
    10. Re:Shows how stupid "IP" really is by Malfourmed · · Score: 1

      This guy can't even give coherent examples on why "piracy" is bad because he treats them like physical property.

      Friend of mine is building a house. [snip]

      But when I copy something, I'm not depriving someone of an original. If someone said "Hey, can I take your screwdriver for a few seconds, scan it in my computer and have my 3-D printer make me a replica?" I'd say sure. That is the closest thing to "piracy" in the physical world.

      But when you copy something you're potentially depriving someone of income. Say the guy who makes screwdrivers. Not always, granted, but sometimes. And often enough for it to irk the guy who makes the screwdrivers.

      Now let's say I wrote a song - it took a lot for me to write it, and it has been my full-time job for over twenty years to make sure that the songs I write go out into the world to be heard and sung. The way I support myself and my family is through the sale of those songs, on CD's, in sheet music, in tickets. Sheet music represents almost half of my yearly income. You seem to be saying that you should be able to take that song, that screwdriver, just take it for free, and go build your career and your happiness without ever compensating me.

      ...And to that I say, don't release it if it is -that- valuable to you. Seriously, there used to be a time not too long ago that if you published something it automatically pretty much became part of the public domain. One only needs to study where Shakespeare got the ideas for his plays to see that (and the majority of his stories would -not- be in the public domain today that he adapted)

      It's valuable to him because he can release it and make money from it. It's the way he supports his family. It's almost half his yearly income.

      If you don't want people using your stuff, don't release it. Don't write it down, don't publish it.

      He wants to make a living doing what he's good at. That involves writing his stuff down and publishing it. Some people are willing to pay for his material, some aren't. Your argument is that just because some people copy his material without paying him, then he should give up the opportunity for any people to do so. It's like saying, if you don't want people to break into your house, then don't put in doors or windows. Just have four concrete walls and a roof. Sure, nobody will be able to get in, but it kinda defeats the purpose. Among other things, you'll starve.

      And, for the record, there are some songs that he has chosen not to publish. Chosen being the operative word.

      In short, this guy is a greedy, idiotic bastard, I really hope everyone boycotts him and urges others to do the same. He has no clue what he is talking about and as such will probably never achieve fame because hes obviously doing this simply as a profit motive and doesn't care about anyone else or about restoring sanity to copyright.

      He's actually pretty famous in musical theatre circles. Not Lloyd Webber famous. Not Sondheim famous. But Jason Robert Brown famous. Say, not IE famous. Not Firefox famous. But Opera famous. And his shows and songs are pretty damn good.

      And to characterise him as a "greedy, idiotic bastard" who's "obviously doing this simply as a profit motive" and who "doesn't care about anyone else" says more about your mindset than his. Does copyright need a level of sanity restored? Yeah. But this guy isn't Disney making a grab for rights in perpetuity. He's a guy trying to raise a family by doing something he has a talent for and loves doing. And the way he went about exploring an issue that affects him personally and detrimentally was, all in all, pretty cool. Did he threaten a lawsuit? No. Did he call on the *AAs? No. Did he track down the website's ISP and ask them to shut it down? No. Did he engage in dialogue with people in an attempt to make them s

    11. Re:Shows how stupid "IP" really is by Reziac · · Score: 1

      But extending copyright to the point that one cannot stand on the shoulders of those giants until they've been dead for a couple generations is essentially the same thing -- they're taking it to their grave with them.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    12. Re:Shows how stupid "IP" really is by easterberry · · Score: 1

      That's not an argument against the concept of IP. It's an argument against the length copyright lasts. If your argument is against the length of copyright you shouldn't be pirating anything less than 20 years old.

    13. Re:Shows how stupid "IP" really is by Reziac · · Score: 1

      Well, yes, that was the point.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    14. Re:Shows how stupid "IP" really is by easterberry · · Score: 1

      But the problem is, people use the "copyright goes on for 150 years" argument and then torrent games and movies that were made in the last decade and under a proper and fair copyright should still be protected. You have to practice what you preach.

    15. Re:Shows how stupid "IP" really is by Reziac · · Score: 1

      Which I think is reasonable enough, if copyright timeframes were equally reasonable.

      Indeed, I find myself buying relatively new DVDs (mostly TV) but BT'ing relatively aged audio.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    16. Re:Shows how stupid "IP" really is by easterberry · · Score: 1

      *tips bowler and polishes monacle* Very Good. Then we are in agreement on this point. It has been a pleasure discussing with you sirrah and I shall now take my leave.

    17. Re:Shows how stupid "IP" really is by Reziac · · Score: 1

      [flourishes cane and whirls cloak] A pleasure indeed. May we meet again under less trying circumstances!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    18. Re:Shows how stupid "IP" really is by Anonymous Coward · · Score: 0

      To start, you are taking the first argument out of context. The context was the girl asking for a copy of one of his pieces of work for a performance. The example of a friend building a house and needing a screwdriver, was in essence a response to that saying just because you are doing something important to you which you are putting a lot of effort into, it doesn't give you the right to take something belonging to someone else. he knows the difference between physical property and a easily copyable representation of copyrighted work, but it was an example to highlight a specific point.

      Secondly, why shouldn't he get a copy?

      He already answered that, if you missed it go back and re-read what he wrote. I agree that current copyright terms are too long, but for the sake of the argument assume what is being discussed is recent enough to be covered by a copyright term of a reasonable length.

      I don't see why you brought up the DMCA, he wasn't arguing for or even mentioning it.

      In short, this guy is a greedy, idiotic bastard, I really hope everyone boycotts him and urges others to do the same. He has no clue what he is talking about and as such will probably never achieve fame because hes obviously doing this simply as a profit motive and doesn't care about anyone else or about restoring sanity to copyright.

      That is your opinion, which you are entitled to. It is probably a bit late to say you hope he never achieves fame, because although I personally have never heard of him, from context he seems to already be somewhat famous in his field (but maybe I'm wrong on that). If you disagree a boycott is reasonable, just so long as you don't violate copyright to get free copies. If you don't think it is worth what it is legally sold for, then you can do without, it's not like you'd suffer serious consequences from not having it.

  27. context of use not considered? by Anonymous Coward · · Score: 5, Interesting

    I make my living writing software that retails for approx $1000 per license... and done fairly well at it... recently I was directed to a hacker site that had cracked copies of my code... I lurked for a few days to get a sense of the place and give myself time to think about how to react. The site's users were in two camps... those who use the software in an educational (usually self education) and those who are using it as a tool in their professional arsenal. Once I revealed myself I found that neither group said they would be willing to pay or stop using, even when edu discounts were offered... but the students were really cool about it and asked lots of informed questions and pointed out that when they moved to professional life they would recommend the tool... the others were really abusive.

    In the end I decided to give the students my blessing as long as they didn't come seeking support... no lost sale, no money changing hands, no big deal and a potential for future sales. The love-wave that came back from those guys felt almost as good as actual sales.

    The so-called professionals were anything but, their attitude was that in business it's all fair and if using cracked software gave the a competitive edge then it was crazy to do otherwise... no love-wave.

    Yeah, anecdotal I know but this composer chappy has got the wrong end of the equation and 'elenor' is on the right track... I for one will be telling my musical friends how much of an a-hole this guy is and hopefully he will have more lost real sales.

    1. Re:context of use not considered? by Totenglocke · · Score: 1, Insightful

      Sorry, but I don't blame people for pirating $1,000 software because unless it's software that allows you to print money, NO program is worth that much.

      The only reason insane prices like that exist for software is because the people running businesses are morons. If all businesses told MS "Sorry, we're not paying $500 per user for Office 2010 - we're willing pay $150 per user and if you don't like that, we'll switch to Open Office", you better believe the price of Office 2010 would drop real quick. The problem is that the idiots making decisions think that they "need" software XYZ and if they don't buy the newest version of it that they'll somehow be uncompetitive.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    2. Re:context of use not considered? by rotide · · Score: 2, Insightful

      To be fair, you don't get to set the price for anyone else's goods. You, and the rest of the consumers can choose not to pay his price. That's your choice. The sellers choice is to then drop the price or stop selling it. Again, that's _their_ choice.

    3. Re:context of use not considered? by Totenglocke · · Score: 0, Troll

      I never said it wasn't. Just that it's an absurd price and that I don't feel sorry for a person charging 50+ times the actual value of the product if people pirate it instead.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    4. Re:context of use not considered? by DerekLyons · · Score: 0, Flamebait

      The love-wave that came back from those guys felt almost as good as actual sales.

      Take the 'love-wave' down to your local mega mart and try and buy next weeks groceries. Then get back to us.
       

      In the end I decided to give the students my blessing as long as they didn't come seeking support... no lost sale, no money changing hands, no big deal and a potential for future sales.

      Yeah, anecdotal I know but this composer chappy has got the wrong end of the equation and 'elenor' is on the right track... I for one will be telling my musical friends how much of an a-hole this guy is and hopefully he will have more lost real sales.

      Not only anecdotal - but hypocritical. You want the right to make the choice between giving your work away for free or to charge for it - but you want to force him into giving his work away for free.

    5. Re:context of use not considered? by Anonymous Coward · · Score: 1, Insightful

      I guess you don't need specialized software.

      Is Mathematica worth $2500 a copy? Without hesitation, I can say yes. It allows me to be much more productive and even allows me to do things I couldn't do without it.

    6. Re:context of use not considered? by adamofgreyskull · · Score: 2, Insightful

      Sorry, but I don't blame people for pirating $1,000 software because unless it's software that allows you to print money, NO program is worth that much.

      Sorry, but if they're using his software in a professional capacity and are in the black as a result, that's as close to "printing money" as you can legally get. If they couldn't make a living without his software then they should just suck it up. It's a business expense and they should pay the price. They could even try and negotiate with him on the cost of licensing if they felt that $1,000 was too much. After all, a window cleaner wouldn't balk at the cost of a ladder and a courier wouldn't balk at the cost of a truck....

      You say "NO program is worth that much". Spoken like someone with no concept of economics. You are wrong. If you're using a $1,000 software product and your use of it generates more than $1,000 in sales, savings or increased productivity then it obviously is worth that much. If you don't think AC's software product is worth $1000, then why not just pay someone to re-write it?

      Your MS example is valid, in that collective bargaining could force a producer to reconsider the cost of their product, but it's a straw-man and is therefore irrelevant in the context of this discussion. If there's a free and legal alternative to AC's software then people have the choice to use that instead, and why aren't they? It's AC's prerogative to charge what he likes and if a competitor can write an alternative and sell it/support it for less, then AC can deal with the consequences. However, he shouldn't have to deal with a bunch of obnoxious "professionals" who are happy to make money off the back of his work without compensating him at all. If the professionals pirating AC's software don't really need it, then why are they pirating it?

      The only reason insane prices like that exist for software is because the people running businesses are morons.

      I really don't think that's the only reason, do you? There are very many software products for which no appropriate free alternative exists, and there are many software products for which people are willing to pay in order to get additional functionality or support that does not exist in the free/cheaper alternative. E.g. Photoshop/Gimp, Maya 3D/Blender, Oracle/MySQL Enterprise/MySQL Community edition. You can whine that MySQL Community does everything that Oracle 11g does until the cows come home, but it doesn't necessarily make it so. Does choosing Oracle over MySQL make someone a moron if they really do need the additional features/support? No.

    7. Re:context of use not considered? by vlad30 · · Score: 1

      Sorry, but I don't blame people for pirating $1,000 software because unless it's software that allows you to print money, NO program is worth that much.

      That is just rubbish why you may ask ?

      A programmer costs 100k per year on average (its not just wages there are taxes, equipment, rent for the space they take up, etc.) A simple scenario that programmer is contracted to write a program for a one-off client which takes a year to design, program and test. that software is worth the 100k at least!

      Not all software is $5 Shareware and not all software has mass market appeal.

      --
      Your'e all thinking it, I just said it for you
    8. Re:context of use not considered? by Your.Master · · Score: 1

      It's one thing to think that you're never paying that much for a specific software package (you mentioned MS Office), or to have an ethical system that forbids paying for software (as a subset of OSS advocates do). But it takes a distinct lack of imagination to be unable to think of a reason for non-free software to cost $1000. For an easy example, just imagine a piece of software that did what 10 pieces of software that you'd pay >=$100 for did, at least as well as each did.

      Screen readers are something that comes to mind that has high fixed development costs to cover a small market, requiring all kinds of localization and app-specific hacks. Engineering software has similar constraints -- and in that case you could argue that it does let you print money :).

    9. Re:context of use not considered? by chx1975 · · Score: 1

      Hm. I make living off free software so I am the last person who would advocate heavily for paid software. But, then again who the fuck you think you are to say "no software worths $1000"? If the software compared to a free one allows me to earn just $2000 more in, say, a year -- which is not unheard of because paid software often has better UX, compare OmniGraffle to Dia for christ's sake -- then how investing that $1000 was not the right choice??

    10. Re:context of use not considered? by Anonymous Coward · · Score: 0

      Yeah, anecdotal I know but this composer chappy has got the wrong end of the equation and 'elenor' is on the right track... I for one will be telling my musical friends how much of an a-hole this guy is and hopefully he will have more lost real sales.

      1) Just because this works for you, doesn't mean it works for everyone. You have the right to do this. He has the right to do it his way. You have two different markets. Yours costs $1000/copy. His costs $4/copy. Many more people will use his work because it is more popular and less specialized (no offense intended)

      2) You do realize that you can sue for copyright violations, and that the 'pro's who are illegally copying your software are likely not taking that threat seriously (and factoring that potential into their costs), right?

      3) You realize also that by not defending your copyright you are costing your actual customers money (the people who pay you) by making them less competitive against the people who you are permitting to copy your work for free, right? Is that a nice thing to do to the people who are the source of your living? You realize that this simply encourages your legitimate customers to become illegitimate customers?

  28. When the **AA are at war with their customers by Kitkoan · · Score: 1

    When the **AA are at war with their customers, its the artists that suffer. A big part of the issue here I feel is that with all the crap the **AA's have done, people just don't care as much about whom it hurts. The **AA's have spent so much time and money showing people that they are the face of the artists that when people think of illegally downloading they don't have the real makers of the music come to mind and how that will hurt them, all they see in their mind is just a giant, faceless corporation that doesn't give a shit of them and will sue anyone and everyone they can just for a few more dollars. No one really has any sympathy for the **AA's, and in turn they don't care if they hurt the **AA's. The hidden issue though is while the illegal downloading does hurt the **AA's (which most people don't care about) it also hurts the artists too.

    --
    Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
  29. Climate change similarity? by ben_kelley · · Score: 2, Insightful

    The same argument goes for climate change presumably.

    Why should I inconvenience myself by paying higher prices for green electricity just to save your planet?

  30. Thomas Macaulay, as always by symbolset · · Score: 5, Insightful

    At present the holder of copyright has the public feeling on his side. Those who invade copyright are regarded as knaves who take the bread out of the mouths of deserving men. Everybody is well pleased to see them restrained by the law, and compelled to refund their ill-gotten gains. No tradesman of good repute will have anything to do with such disgraceful transactions. Pass this law: and that feeling is at an end. Men very different from the present race of piratical booksellers will soon infringe this intolerable monopoly. Great masses of capital will be constantly employed in the violation of the law. Every art will be employed to evade legal pursuit; and the whole nation will be in the plot. On which side indeed should the public sympathy be when the question is whether some book as popular as Robinson Crusoe, or the Pilgrim's Progress, shall be in every cottage, or whether it shall be confined to the libraries of the rich for the advantage of the great-grandson of a bookseller who, a hundred years before, drove a hard bargain for the copyright with the author when in great distress? Remember too that, when once it ceases to be considered as wrong and discreditable to invade literary property, no person can say where the invasion will stop. The public seldom makes nice distinctions. The wholesome copyright which now exists will share in the disgrace and danger of the new copyright which you are about to create. And you will find that, in attempting to impose unreasonable restraints on the reprinting of the works of the dead, you have, to a great extent, annulled those restraints which now prevent men from pillaging and defrauding the living.

    - Thomas Macaulay, 1841

    This fine composer is the victim of the theft of the commons. He seems a reasonable guy. Unfortunately for him copyright is no longer a square deal and since people are now ignoring all copyrights, they're ignoring his too. That's not fair, but what is there to do? We as individuals have no power to make copyright back into a square deal again and to research every author and contributor to a work for each use to determine if there's net sanity there is just too high a burden. The public seldom makes nice distinctions. His loss is no greater than ours: he's lost some potential income; we've lost our culture.

    --
    Help stamp out iliturcy.
    1. Re:Thomas Macaulay, as always by yyxx · · Score: 1

      Unfortunately for him copyright is no longer a square deal and since people are now ignoring all copyrights, they're ignoring his too.

      I don't know what you mean by "a square deal". Copyright has stopped being faithful to its original purpose, namely providing an incentive for the creation of useful content. Instead, it has turned into a convoluted set of laws that people build business empires on. It's not surprising that people are pissed off and starting to ignore it. Sheet music actually is a particularly obnoxious area of copyright law, with composers and music publishers having a long history of abusing copyright law and preventing works from ever entering the public domain.

      Also, even if copyright were 100% enforced and enforceable, very few composers could live off copyright-related revenues; almost everybody needs a day-job anyway, usually teaching, and for those people, copyright-related revenue matters fairly little, but copyright-related expenses matter a lot. In effect, current music copyright funnels a lot of money from people who don't have that much to a few stars.

      I'm not endorsing people breaking Brown's copyright (in fact, I find his music pretty awful and can't figure out why anybody would want to copy his stuff). Nevertheless, the current copyright system is broken, people are getting fed up, and that's why they violate copyrights. If Brown wants to do something about it, complaining isn't going to help, he needs to contribute to reforming the system. And reform means that people like him have to give something up.

    2. Re:Thomas Macaulay, as always by Anonymous Coward · · Score: 0

      Copyright: unreasonable in its terms and largely ignored by the common man since 1841.

    3. Re:Thomas Macaulay, as always by Anonymous Coward · · Score: 0

      People don't ignore copyrights because of draconian expiry periods (which are draconian).

      People ignore them because it's easy and you don't directly see anyone hurt. An average college dorm-room movie hoarder has no awareness of either the good or the bad parts of the copyright's "social contract".

      So let's not try to explain folks' motives with some kind of "citizen defiance" logic.

    4. Re:Thomas Macaulay, as always by Anonymous Coward · · Score: 0

      Fair enough. Nevertheless, the law should reflect the will of the people, which seems to be that they be allowed to freely distribute copies.

    5. Re:Thomas Macaulay, as always by qnetter · · Score: 1

      What are we to do? Shame copyright infringers, loudly, vehemently, and publicly.

    6. Re:Thomas Macaulay, as always by symbolset · · Score: 1

      We need do nothing. The copyright extenders defeat themselves. Did you not read it? 160 years since, and there's nothing more need be said about copyright that wasn't said then. The Law has broken the bargain, and it's every man for himself.

      Were you looking for me to save your licensing of whatever property you hold dear? Kiss my ass. You stand on the shoulders of giants, and hope to claim not only your own stance, but the giants too. Eat shit and die. Die in a fire. Give it up. Your position is that we should surrender our right to a culture so that you might have profits. You're screwed because no matter how beautiful and artful your constructions of ideas might be,they don't compensate us for the total loss of our culture.

      --
      Help stamp out iliturcy.
    7. Re:Thomas Macaulay, as always by qnetter · · Score: 1

      It's not your culture, any more than the subway you pay to ride is your subway, or the sidewalks you walk on are your sidewalks.

    8. Re:Thomas Macaulay, as always by symbolset · · Score: 1

      Perhaps it's an accident that this thread occurs on Independence day. I think not, but you're welcome to your opinion.

      This is my culture. Maybe it's not yours.

      --
      Help stamp out iliturcy.
  31. Public Performance by adam · · Score: 4, Interesting
    Actually, what you describe falls under the category of "public performance." To quote ASCAP (one of the two major music rights management orgs),

    "Rental or purchase of sheet music or the purchase of a record does not authorize its public performance."

    Not saying I agree with that, but there are a lot of intricacies to public performance. See also: NFL threatening suit against bars that have Superbowl[tm] parties and show the game to their clientele. They also tend to sue (or threaten to) people who use the word "Superbowl," which is why all the radio stations promote their "BIG GAME PARTY!" in January, and not any sort of party having to do with bowls that may be super. But that is trademark law and outside the scope of what we're talking about here.

    The point is whether he has the right to control what is done with his work. Whether people can make copies of it. Generally, I think the answer is yes. However, I think the real question is: do we want to live in a society where money is what motivates art? The true genius filmmakers, composers, they aren't doing it for the money, and if they are, well, I'll be disenchanted with their work when I find that out. Make art for art's sake. Artists and doctors, two professions that should be about sharing with your fellow humans, about the common good, not about profit. (*imho, of course — and my money is where my mouth is, I'm a filmmaker and people openly pirate my films. Huge pieces of them are on YouTube. I'm okay with it.)

    --
    I am Jack's complete lack of surprise.
    1. Re:Public Performance by MagicM · · Score: 2, Insightful

      do we want to live in a society where money is what motivates art?

      I want to live in a society where the artist decides whether he/she is motivated to make art. I also want to live in a society where there are many different ways in which to motivate artists, since that results in more art. If the only art that's left is art motivated by non-financial reasons, there will be less art. And since great art != non-financially-motivated art, in the end less art is less good.

    2. Re:Public Performance by Eskarel · · Score: 1

      The only way to do art for art's sake with no interest in money at all is to be getting your money from a non art related source(federal grants don't count as a non art source, if you stopped doing art you'd still starve).

      There's nothing wrong with creating art in exchange for money. The people who talk about art for art's sake are really just saying "I believe that you made the decision to create that art based on financial outcomes and I don't like that piece of art".

    3. Re:Public Performance by mikael_j · · Score: 1

      The only way to do art for art's sake with no interest in money at all is to be getting your money from a non art related source(federal grants don't count as a non art source, if you stopped doing art you'd still starve).

      What are you on about? It is possible to do art for the sake of art and still get paid for it, money simply shouldn't be why you create your art. It's about what your main motivation for creating is, if you create something and hope that someone else will like it so that you'll be able to put food on the table and you end up filthy rich, fine. However, if you begin creating something and you make changes based not on your artistic vision but on what you think the "average consumer" will want in order to "maximize profit" then you are not an artist IMO, you are not creating art, you are creating a product.

      --
      Greylisting is to SMTP as NAT is to IPv4
    4. Re:Public Performance by Anonymous Coward · · Score: 0

      However, I think the real question is: do we want to live in a society where money is what motivates art? The true genius filmmakers, composers, they aren't doing it for the money, and if they are, well, I'll be disenchanted with their work when I find that out. Make art for art's sake. Artists and doctors, two professions that should be about sharing with your fellow humans, about the common good, not about profit.

      Since you out yourself as a filmmaker, are you currently paying your bills as such? As a non-artist (well, not making any money as such), I'm fully OK paying sufficiently to ensure that artists can devote full-time to their endeavors and not be dirt poor. Of course, then you also start looking at paying enough to pay for the professional-level tools that those artists need, and the support personnel, etc, etc. Then there's also the fact that when folks grow up, they end up with lots more expenses to cover and mouths to feed. An artist shouldn't have to quit because privacy prevents supporting a family. Given your UID, you might know a thing or two about that.

      I don't want money to motivate art, as you say, because then you get situations like all the crappy bands that just want to be rock stars and neglect the music. But if someone creates something that gives a whole lot of enjoyment to people, why the heck shouldn't they get rewarded?

      Of course, the piracy issue is different for smaller-time artists, because you get more PR and free advertisement value out of piracy than you have lost revenue

    5. Re:Public Performance by delinear · · Score: 1

      You're assuming the current model is the only way to financially motivate artists, though. What's wrong with public performace, or patronage (in this day and age, sponsorship - I'm sure some artists already get corporate sponsorship), models that worked well before the introduction of copyright?

    6. Re:Public Performance by Ivoch · · Score: 1

      If the only art that's left is art motivated by non-financial reasons, there will be less art.

      Indeed, unless we lived in a post-scarcity society. Which is probably also the only way to get rid of the current copyright situation.

    7. Re:Public Performance by Toze · · Score: 1

      Hey man, as a consumer of media, thanks for being okay with your fans sharing stuff. You want to post a link to some of those pieces, maybe?

      --
      No OS on the planet can protect itself from a user with the admin password. - Yvan256
    8. Re:Public Performance by Scrameustache · · Score: 1

      Make art for art's sake.

      But I'm hungry, and there's holes in my the soles of my shoes :(

      --

      You can't take the sky from me...

    9. Re:Public Performance by Anonymous Coward · · Score: 0

      "two professions that should be about sharing with your fellow humans, about the common good, not about profit"

      A noble sentiment, but you tend to run into problems when it comes into contact with the world. If people are meant to be motivated solely by the love of what they do, then you get into situations where politicians justify keeping the pay of medical staff down, because to pay them a proper wage "would attract the wrong kind of person" (eg in the UK in the last decade). Fine for bankers and lawyers to get paid lots, of course, because they're evil, apparently.

      As to whether doing something to pay the bills invalidates its artistic credentials, well, is it so evil to expect to be rewarded for doing or making something that other people enjoy? Or should art be restricted to talented amateurs alone?

    10. Re:Public Performance by Anonymous Coward · · Score: 0

      Yes, art should be made for art's sake. But it's _extremely_ helpful to the artist if he can dedicate as much time as possible to producing art. Time and time again I find that these discussions completely ignore the amount of time and effort required to produce the music, movies, etc. that we enjoy. It'd be wonderful if I as an artist could take what is in my mind and instantly translate it to reality without any effort (yet alone if I could have the time to refine those thoughts before producing art) but that simply isn't the case.

      Art requires a considerable investment of time and energy before one can even begin to produce art: buying a guitar, learning music theory, practicing the instrument, etc. If a person really wants to produce art but lacks the time or other resources (guitars, lessons, strings, repairs, all cost money) they're never going to be able to produce the art that you might really enjoy experience. Yes, the art is the reward: but the income allows the artist to be, well, an artist, as opposed to some other occupation.

      Now if you think that "artist" should not be an occupation, then the consequence will be a much smaller and less diverse selection of art for you to enjoy. Now that we have the internet there still might be endless myspace music pages to browse, but I think it's safe to say that quantity is not equal to quality.

    11. Re:Public Performance by Uzuri · · Score: 1

      Seriously? Spend any time on DeviantArt, or any other art site? 99% of it is pure garbage. 99% of the remainder is pretty to look at, but hardly art.

      Ask any random artist out there if they make art primarily for money and you'll likely get a no. Doesn't seem to affect the crap ratio.

      --
      I'm a she-slashdotter... but I make up for it by living with my folks.
  32. Finally by acalltoreason · · Score: 0

    I'm glad someone is finally taking the high road and acting like an adult. Instead of making threats, he politely asked them to stop, and it seems it worked. The fact is, piracy IS illegal and the fight for piracy isn't about committing crimes, its about fighting racketeering groups like the RIAA. I hope other artists learn from this.

    --
    Where has reason in the world gone? Have we abandoned it in favor of power and politics?
    1. Re:Finally by Anonymous Coward · · Score: 0

      fuck you, go smoke a fat dick.

  33. how to make a living by Charliemopps · · Score: 1

    If a composer wants to make money composing he should find someone willing to hire him to compose rather than relying on income from work he did years ago. This idea of copyright is old and out dated. The Genie will never get put back into the bottle. Copying information is easy and free. It's like trying to charge people for the right to breath. There's just too much air and too easy to inhale.

    1. Re:how to make a living by Anonymous Coward · · Score: 1, Insightful

      Actually in those terms copyright is an innovation. This is the old model for artists find a nobleman and get him to support you. Of course today noblemen are in kind of short supply. So I guess if you want to be a musician you get to wait tables, or be like Borodin who did music on the side (he was a chemist) A few jobs exist then teaching music as others did in the past. Basically it becomes not a career but a side passion. So we go back to the future with music without copyright.

  34. Computer Generated Sheet Music by munky99999 · · Score: 1

    I wonder how hard it would be to computer generate every possible combination of music in music sheet form. To the level of satisfying copyright "it's practically the same song" rule. That way it isnt a matter of generating every possible combination per bit. This would obliterate the copyrights of the future music industry. Placing all the copyrights in control of the distributed computing group that does it. A GPL equivalent or perhaps lesser one could be used. All music from day 1 on has to be released under that copyright. Which bars them from suing consumers.

    1. Re:Computer Generated Sheet Music by Anonymous Coward · · Score: 0

      Why stop there? Why can't we just generate every possible mp3 up to, say, 10 minutes long?

    2. Re:Computer Generated Sheet Music by matzahboy · · Score: 1

      I wonder how hard it would be to computer generate every possible combination of music in music sheet form.

      Let's assume that the smallest increment used was a 16th note and the range is that of a piano (88 notes). In one measure of only 16th notes, there are 88^16 possibilities (about 10^31). If each note took up 2 bytes (note and length taken into account), then that one simple measure would take up about 2*10^22 gigabytes. Where are you ever going to find that space? Now let's vary that measure with quarter notes, half notes, triplets, etc. And also add multiple notes at a time (harmonies). The possibilities are endless. Combine that with mixing/matching measures, having many measures in a song, and adding every possible combination of lyrics, and there is not enough space on the surface of the earth to store the harddrives required for this task.

    3. Re:Computer Generated Sheet Music by mjwx · · Score: 2, Funny

      I wonder how hard it would be to computer generate every possible combination of music in music sheet form. To the level of satisfying copyright "it's practically the same song" rule. That way it isnt a matter of generating every possible combination per bit. This would obliterate the copyrights of the future music industry. Placing all the copyrights in control of the distributed computing group that does it. A GPL equivalent or perhaps lesser one could be used. All music from day 1 on has to be released under that copyright. Which bars them from suing consumers.

      Nice idea but fails in implementation.

      There are 12 notes in music, C, C#, D, D# E, F, F#, G, G#, A, A# and B. In 4/4 timing there can be 16 combination of these 12 notes plus pauses (essentially left blank). So 13^16 = 665416609183179841 possible combinations of notes in a single bar ignoring slides, vibrato, hammer on/pull off, bends and half bends as well as all the funky effects of other instruments (admitting guitar bias here \m/). Assuming a tempo of 60 BPM there will be 120 bars per minute. Assume an average of 4 minutes per song (480 bars) and you get 1.2160339961839677144837309996667e+8555 -1 possible permutations (because you cant patent a song made entirely of pauses). Then we have variations of song length, timing, down/up tuning, major/minor/seventh/ninth and tempo.

      It is much easier to go down the software patent course and patent each source note, then you only have 12 to worry about. BTW A is mine (patent pending).

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    4. Re:Computer Generated Sheet Music by Anonymous Coward · · Score: 1, Informative

      Are you sure about the -1? Because you can get a copyright on silence.

    5. Re:Computer Generated Sheet Music by mjwx · · Score: 1

      Are you sure about the -1? Because you can get a copyright on silence.

      Not if one's already been made.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    6. Re:Computer Generated Sheet Music by Phroggy · · Score: 1

      Sorry, but you know nothing about reading sheet music. If I understand you correctly, you're suggesting that a computer should be able to randomly generate every possible combination of notes (like an infinite number of monkeys on an infinite number of typewriters), and one of these iterations would be close enough to an actual piece of music that it would make for a public-domain substitute. The trouble is, there's a LOT more to sheet music than the notes themselves.

      Good sheet music doesn't simply contain the information required to reproduce the piece, it's written in such a way as to be clear and easy to read. This involves decisions such as:
      - Which repeated sections should be marked as repeats, and which should simply be written twice?
      - Of the repeated sections to be marked as such, should that be with repeat signs, D.C., D.S., first/second/third endings, segno/coda/fine marks, or just a measure repeat sign?
      - When beaming small notes together (8th and shorter), what's the clearest way to group them?
      - When should the stems go up, and when should they go down? Basic rule of thumb is the stems go inward toward the middle of the staff, unless you have some reason to do otherwise (such as using stems down to indicate a left hand part and stems up for right hand, for piano music, or stems down for alto/bass and stems up for soprano/tenor in choral music, but only when there are notes of different durations so they can't be combined on the same stem)?
      - When should an accidental be written in parentheses as a reminder that, for example, the F in the last half of this measure is sharp because there's an F-sharp in the key signature, even though the F in the first half of this measure was natural because it's tied with the F-natural (marked with an accidental) in the previous measure? Accidentals don't cross bar lines except for ties, so it really isn't required to mark the F-sharp at all, but it's a good idea if there could be confusion (but you don't want too many of such marks, or they'll get in the way).
      - Is it better to write a pair of eighth notes in 4/4 time and mark it "swing", or write a quarter note followed by an eighth note in 12/8 time?
      - How many measures should there be on each line?
      - Which measures should have a measure number in a box, signifying the beginning of a phrase?
      - When should you draw a straight line between notes to show where the melody crosses between staves or voices or whatever?
      - All notes have multiple names; which enharmonic equivalent is the most appropriate? When should you use e.g. an F-flat, or a C-double-sharp? This is based on which chord or scale the note is being used in, in context, so a D-flat minor scale should have an F-flat and not an E, and an F-sharp augmented chord should have a C-double-sharp and not a D. But should it really be D-flat minor, or should you be using C-sharp minor, which does have an E-natural?
      - When is it appropriate to include cue notes, so you can follow along with what other instruments are playing while you're not playing yourself? This lets you double-check your count to make sure you come in at the right place, but if it's not necessary, it just adds clutter.
      - Tons of other details I'm not currently awake enough to think of.

      Reading badly written sheet music sucks. On several occasions I have rewritten a piece of music, without changing a note, to make it easier to read.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    7. Re:Computer Generated Sheet Music by vlad30 · · Score: 1

      Actually this would be a simple algorithm based on producing combination and permutations easily translated into most computer languages. Add in samples from all known natural sound sources. When asked to print it out you will be able to (of course several planets of trees will go in the process, or be a little more clever and write a search routine that could play any section thus proving that any music currently written is merely replicating and synthesising the pure music of the universe - Mathematics

      --
      Your'e all thinking it, I just said it for you
  35. Re:Proud To Be An American? by Anonymous Coward · · Score: 0, Insightful

    the worst part of the USA is YOU!

  36. Re:"I'm just a guy trying to make a living." by LingNoi · · Score: 1

    Google doesn't sell information, it sells advertising space, Apps hosting and storage space.

  37. Three things I'd like to know by Endo13 · · Score: 1

    1. How many hours did he spend on the particular sheet music in question?

    2. What is his net profit on it so far?

    3. What is the minimum net profit for him to consider the piece worth his time?

    Once the answer to #2 is equal to or greater than the answer to #3, the entire purpose of copyright has been fulfilled, and in reality (if you want to stay true to the actual purpose of copyright) his work should already be public domain. I'd be willing to bet in his situation the answer to #2 has already far surpassed his answer to #3, in which case he ends up looking like a whiny, greedy kid who needs to learn when to STFU and quit making a big deal out of nothing.

    --
    There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    1. Re:Three things I'd like to know by MakinBacon · · Score: 2, Interesting

      Imagine if you got your paycheck, only to discover that you were shortchanged by 33% because your boss thinks that the other 67% was enough to make it worth your time ("Hey, that's how much we payed you when you had just started, and it was enough back then"), and then told you that you look like "a whiny, greedy kid who needs to learn when to STFU and quit making a big deal out of nothing.".

    2. Re:Three things I'd like to know by physicsdot · · Score: 1

      There is no need for your vitriol - especially as your points get right to the heart of the issue. What if his answer to question 3 was "250k" and what if he has earned only 5k. Would you then support him in his prosecution of copyright violators, or would you then tell him that *you'll* decide how much profit he should be allowed to make from the people who enjoy his work...

    3. Re:Three things I'd like to know by DaveV1.0 · · Score: 0

      So, I take it that you have gone to your boss and told him "I only need to make X dollars to make working here worth my time, so only pay me that."

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    4. Re:Three things I'd like to know by Kitkoan · · Score: 1

      Imagine if you got your paycheck, only to discover that you were shortchanged by 33% because your boss thinks that the other 67% was enough

      Sounds pretty much like it was for me when I was in sales. Just because I was working hard and writing out my lines to sell a product, it didn't mean I was always going to sell everything I had. And so in turn my paycheck would be smaller because thats how sales work, hard work and effort won't always make a product sell, sometimes its just dumb luck or the current 'fad' that people are into that will sell a product.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    5. Re:Three things I'd like to know by Endo13 · · Score: 1

      Imagine making a quick sketch on a napkin and demanding someone pay you five bucks for it. Imagine spray-painting graffiti on a wall and demanding a hundred bucks for your hard night's work of art. Imagine making a recording of your kid singing some shit song and demanding people buy the CD for ten bucks. All of these things are not so very unlike Jason Robert Brown's situation. However, they are entirely unlike the situation you describe.

      When you enter an employment agreement with someone, there are laws to protect your right to a fair wage. When you create "art" and try to sell it, the only right you have is for the reproduction and distribution of your work. When it comes to the actual selling and money-making part, you are entirely at the mercy of your prospective customers. (This is why smart artists try to get paid before creating their art... at least if it's really worth their time. Thing is, we have such a glut and excessive supply of "art" these days, it's no wonder most "artists" can't accomplish that. It's so much so that it's rather like taking an empty cup and trying to sell the air in it.) In fact, that's why copyright exists at all: so people have some monetary incentive to create something. The ideal copyright would allow the lowest amount of profit necessary to provide that incentive, and then put the work in the public domain so others can use it to create more new work, further adding to the creative pool. Unfortunately, not all types of created works are identical, and some types take a little more time than others to realize a fair profit, so the fine people who created the law set the duration long enough to cover any legitimate situation.

      If anything, thanks to improvements in producing, advertising, and distributing works that duration today should be a fraction of its original span. Instead we see the opposite, to lengths so far beyond ludicrous it's really no wonder the general public has little to no respect for copyright anymore. What a difference it would make to piracy if works would enter the public domain as soon as they had generated a fair profit. But people know that none of these things will enter public domain in their lifetime, and they won't be able to get it for free "legally" no matter how long they wait, so is it any wonder they just don't care?

      Content producers and publishers have been saying "fuck you" to their customers for decades now, and at last they're finally getting back a taste of their own medicine. And boy, do they hate it. Payback's a bitch.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    6. Re:Three things I'd like to know by Endo13 · · Score: 1

      Someone agreed to pay me a certain amount of money for a certain amount and quality of work. We both signed a contract. I do the work, and they pay me the money.

      Can you see how this is different from setting an arbitrary "value" on something you created and then demanding people pay that?

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    7. Re:Three things I'd like to know by physicsdot · · Score: 1
      First off, can I assume that you've shifted your position from your initial post?

      To address your latest question; the difference is that in the first situation you are contracting me to do some work for you, and then you pay me. In the second situation, I do the work and set a selling price for copies of it. You make a copy, and then (in your world) decide what you'll pay for it.

      I really do think you have a case that your actions are moral in the situation where you are poor, and the "artist" is Disney. I really think you don't when the artist is poorer than you. In that situation you have a responsibility to the artist to compensate them for the work you enjoyed and I fail to see why their sale conditions for copies should not be honored. Can you really justify infringing the copyright of someone whose work you enjoyed when they're poorer than you?

    8. Re:Three things I'd like to know by physicsdot · · Score: 1

      Content producers and publishers have been saying "fuck you" to their customers for decades now, and at last they're finally getting back a taste of their own medicine. And boy, do they hate it. Payback's a bitch.

      I do agree with this - copyright has been abused. And we are seeing payback. But I think this position, while understandable, is being used to justify greed on the part of the pirates. It is also immoral and I think your post suggests you realize this. While not paying for copies of art can hurt the people who are hurting you, it also hurts genuine artists who worked hard to produce the art you're enjoying - some of whom have struggled for years to write that book/song you decided you don't need to pay for because Mickey Mouse isn't in the public domain.

    9. Re:Three things I'd like to know by Endo13 · · Score: 1

      I understand where you're coming from. And I'd really like to sympathize with the "genuine artists" being hurt, but I just can't. This is because, as I said above, we have a huge glut and excessive supply of "art". Most of those guys are trying to sell something that currently has about as much value as the air in an empty cup. They wouldn't be able to make a living off their art, piracy or no. If that's a problem for them, they can get a real job doing real work like most people in the world.

      The only reason there's as many successful "artists" as there are is because of the artificial value created by the BS that is current copyright duration. It's like a huge bubble just waiting to burst - and that's coming one way or another, either by legal or illegal means. The market will eventually return it to an equilibrium, no matter how many hurting artists desire otherwise.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    10. Re:Three things I'd like to know by physicsdot · · Score: 1

      ... we have a huge glut and excessive supply of "art". Most of those guys are trying to sell something that currently has about as much value as the air in an empty cup.

      Perhaps, but you must admit that people are still downloading and enjoying this otherwise worthless "art". And artists, good and bad alike, will want to be paid money by people who are enjoying their art, and I can't see a single reason why they shouldn't be. It's good enough to download and watch/read/listen to after-all.

    11. Re:Three things I'd like to know by MakinBacon · · Score: 1

      Imagine making a quick sketch on a napkin and demanding someone pay you five bucks for it. Imagine spray-painting graffiti on a wall and demanding a hundred bucks for your hard night's work of art. Imagine making a recording of your kid singing some shit song and demanding people buy the CD for ten bucks. All of these things are not so very unlike Jason Robert Brown's situation. However, they are entirely unlike the situation you describe.

      They are very unlike Jason Brown's situation. If one person bought your kid's CD for ten bucks, then burned thousands of copies (or photocopied the cocktail napkin) and gave them out for free while you're still trying to sell the originals for 10$, that would be his situation.

      I think you misunderstood my argument; I never meant to say that copyright should ensure that you have customers; only that those customers you have can't start mass-producing your work and giving it out for free without your consent.

      I do agree that modern copyright terms (it lasts for 70 years after the artist dies or something like that) are way too long, but your original argument was that once an artist has made as much profit as he originally intended then he should lose his copyright, not that copyright terms are too long.

    12. Re:Three things I'd like to know by Endo13 · · Score: 1

      They are very unlike Jason Brown's situation. If one person bought your kid's CD for ten bucks, then burned thousands of copies (or photocopied the cocktail napkin) and gave them out for free while you're still trying to sell the originals for 10$, that would be his situation.

      No, the situation is that he arbitrarily decided his one piece of sheet music that he probably spent less than a week's work on is worth $3.99 for each digital download. And even though he's already made far more than a week's wages on it, he's whining about a strapped-for-cash student who isn't paying for his junk, even though she explained why she can't, etc. This is not to say that what she's doing is in any way ethical or legal, but what he's doing just makes him a scumbag and a douche. The whole "pick your battles" thing. This is not a battle he should have picked, unless he wants to look like a greedy jackass.

      I do agree that modern copyright terms (it lasts for 70 years after the artist dies or something like that) are way too long, but your original argument was that once an artist has made as much profit as he originally intended then he should lose his copyright, not that copyright terms are too long.

      No, my argument is and always has been that the primary goal of copyright is "to promote the Progress of Science and useful Arts" exactly as is stated in the US Constitution. The means by which it attempts to accomplish that is "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". As soon as an artist (or any other type of content creator) has made sufficient money off a work to make him feel it was worthwhile and to get him to create another work, any further period of copyright on that first work in fact has a negative impact on the primary goal of copyright, by virtue of the fact that other artists are very limited on how they can use his work to create more works of their own. It's a very fine balance. In its most ideal form, copyright would give the bare minimum of securing of rights needed to do the promoting. Of course, hitting that ideal is not really possible, so they did the best they could, in setting a duration that would be sufficient to provide plenty of incentive in any reasonable situation but without being so long as to be absurd. What we have now is so far skewed from the original that it's quite safe to say it does more to hinder the progress of Science and useful Arts than to promote it.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  38. Re:No. by Anonymous Coward · · Score: 0

    "I simply will not - the benefits to me are huge, compared to your losses from my activity"

    You've got that backwards. The loss to you, from not getting some piece of music or movie or book for free, are absolutely minimal, particularly if the stolen work is mere entertainment (as opposed to a textbook or something). The losses to the artist are, well, his livelihood. Just say "I am a sociopathic thief, and I don't care because I'm pretty sure I can get away with it" and be done with it, instead of inventing a bullshit "cause" to justify for your behavior. Charging $12 for a Britney Spears CD is not the moral equivalent of segregation, and you are not Rosa Parks.

    The losses to society are even worse than to the author, if reducing the rewards for creativity causes a reduced quality or quantity thereof, though again, only minimally for entertainment products, of which there are more than plenty. There's a lot of talk about how copyright is unnecessary, and certainly the terms are out of control (life + 150 years?!!), but we've had IP protection for the last two centuries, and, coincidentally, we've just had the two most prosperous centuries in human history, due pretty much entirely to the industrialization of ideas. Abolishing all IP protection, which is basically what your statement is tantamount to advocating, would be a fairly risky experiment, with our civilization on the line. If we decide to run that experiment, the decision should come after a bit more careful consideration than "lulz I can haz free stuffs for free and I don't likes to pay, aaaaarrrrgh!".

    The responsibility for your behavior is, in fact, yours, and nobody cares if you feel guilty - just stop doing it and pay the $12.

  39. Re:Proud To Be An American? by novium · · Score: 0, Offtopic

    You know, if you feel like an alien, why not go start your own country far, far, far away. With booze and blackjack and hookers. Or not. Just sayin'. Go on. And don't let the door hit you on the way out.

  40. I wonder if he writes libraries by Rix · · Score: 1

    Or is it only not ok when it's done on the internets?

    1. Re:I wonder if he writes libraries by DaveV1.0 · · Score: 0

      Libraries buy a copy of the sheet music at a higher price to get the right to lend out the sheet music. The library does not make and give out copies of the sheet music not expecting said copies to be returned.

      What happens on the internet, especially in the example given by Eleanor, is one person buys a copy of the sheet music for private use at the private use rate and then creates and distributes copies which are not expected to return.

      You are comparing apples to bananas.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:I wonder if he writes libraries by Eskarel · · Score: 1

      Libraries do not make copies. They loan out the original they purchased and paid for.

      Does that mean that he loses out on some revenue, yes, would he probably rather that it wasn't the case, possibly, is it the same thing, no

  41. Re:"I'm just a guy trying to make a living." by Anonymous Coward · · Score: 0

    And people wonder why modern western culture is shit.

  42. Re:No. by CoryG · · Score: 1

    You are like a person who says "Don't hate the player, hate the game". Well, skippy, the game doesn't exist without the players.

    On both sides.

  43. The problem with the copyright argument by DigitAl56K · · Score: 1

    Copyright exists to allow the creative to earn from their works while society benefits from them. In theory copyright is reasonable - if everyone could freely copy a work the instant it was produced much fewer people would spend their time producing new works. Yes, some people do it for fun, but many of the best works we have are by people who make a career out of it.

    Here's the rub: Copyright has been abused to the point there is no fairness in the rights afforded the creator vs. the benefit to society. Originally there was legal recourse for some fairly reasonable number of years and then the work became public domain. Then copyright term was extended. Then it was extended again. And again. Today copyright law is an unfair contract. By adhering to copyright laws today you ask people to respect a creators exclusive rights on works such that a work will never become public domain during their lifetime. Perhaps even during their grandchildrens lifetime. Even worse than that, as terms are continually extended the contract between society and creators is retroactively modified, always in favor of creators, essentially stealing value from the public.

    It's my opinion that in order for copyright to be held with any kind of respect by anyone then works must be guaranteed to come into the public domain within a reasonable timeframe, and I believe that must be well within the lifetime of a person who would value the work when it was first created - no more than 30 years at the outside. Various studies have shown the effective period to be much less than that.

    If you're an artist and you want to benefit from a work your entire life do what the rest of us do - make some investments, set up a pension, go out and perform the damn thing. Stop trying to wield your effectively limitless copyright term against the public and stop allowing your various industry bodies to use them as a scare tactic - and that's really what copyright comes down to now in many cases. People adhere to these insanely unfair laws only because they're scared of what will happen if they don't, not because they understand the value proposition of copyright. If you want to claim otherwise agencies must stop these campaigns where they publicize their actions of suing thousands and thousands of individuals, and they must accept changes in the law which provide more reasonable terms.

    I don't agree with the GP in that it's okay for everyone to pirate whatever they want, but neither can I support the ridiculous system copyright has become. Neither side of this argument has a strong leg to stand on. Unfortunately one has much more money and influence than the other.

    1. Re:The problem with the copyright argument by DaveV1.0 · · Score: 1

      You are committing a false dichotomy. It is not a choice solely between supporting the system and violating the rules of the system. There is a third choice: fix the system.

      The fact that "the system" is broken is not justification for violating rules of "the system".

      As members of a democratic republic, it is our responsibility to fix the system because it is our system and we put it in place. We elect the those that ultimately control the system.

      If one feels that "the system" is broken, it is one's responsibility and duty to work to fix the system, not to violate the rules of the system and then whine when "the system" stomps on one.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:The problem with the copyright argument by DigitAl56K · · Score: 1

      You are committing a false dichotomy.

      I'm not. Copyright, if done right, is a valuable system, and I agree, the system could/should be fixed. As I said, I can't agree wholeheartedly with either side because the current system is entirely unfair but outright piracy isn't any kind of a solution.

      The problem is that nobody is being successful in fixing the system. In fact, international IP law equality and one-upmanship is generally enforcing the worst systems everywhere.

    3. Re:The problem with the copyright argument by pipedwho · · Score: 1

      The problem with 'fixing the system' is that the power to do that is primarily in the hands of the big industry bodies. People see that these industry bodies are forever pushing the already broken system further and further away from any semblance of 'fairness'.

      So from most people's points of view, if the system is that broken, and since these people have virtually no power to fix it, then they simply ignore it.

      If the industry wants people to respect the system, then it's up to them to fix it.

    4. Re:The problem with the copyright argument by WitnessForTheOffense · · Score: 1

      And what if you can't change the system? What if you could look at the state of the system and realize that you don't have the kind of the budget to invest in fighting those who have near-infinite budgets for buying off the politicians and purchasing the laws they need to perpetuate their obsolete business models? I have heard the "change the system" rhetoric a lot, but I've never actually heard any of the people who espouse that approach provide authentic, practical methods for doing so. Beyond money, you would need to be very clever to come up with strategies to overcome the efforts and the cleverness of the significant portion of the population that is employed in maintaining and expanding the wealth of the wealthiest percent of the population. Tell me, in practical, realistic steps, how I can change the system, while still remaining employed and able to make payments on my mortgage, and I will put full effort into it. If you can't think of any such steps, please, don't suggest an impossibility and act like you contributed something valuable to the discussion.

    5. Re:The problem with the copyright argument by hobo+sapiens · · Score: 1

      Agreed, the problem is the music industry. As a musician and a geek, I am quite torn about this story. On one hand, we have a musician who deserves his pay for a composition. On the other hand, a young person who has always had the internet and thus tons of free stuff a click away.

      The problem is the record companies. They are the massive middleman. They don't 'get' the internet and are scared of tech and do a lot of evil crap to shake people down. They also pay musicians and composers as little as possible.

      Copyright law could be better. But if you want to solve this, eschew corporate music. Support independent artists. You get better music, the artist gets paid, and the RIAA gets the shaft.

      --
      blah blah blah
    6. Re:The problem with the copyright argument by Anonymous Coward · · Score: 0

      If one feels that "the system" is broken, it is one's responsibility and duty to work to fix the system, not to violate the rules of the system and then whine when "the system" stomps on one.

      Civil rights movement, Mahatma Gandhi, etc. seem to indicate otherwise.

    7. Re:The problem with the copyright argument by delinear · · Score: 1

      So how do people fix a broken system when the only two realistic "democratic" choices they have both support the system (likely because the same corporations are lobbying both sides with large sums of cash to prop up said system)? There is a long standing tradition or people disobeying laws they see as unfair or undemocratic - if a handful of people do so, they're criminals, if a large section of society do so, they can be a powerful force for change. It's a perfectly valid way of fixing the system - as a teen I saw the poll tax riots in the UK, mass civil disobedience, old age pensioners going to jail rather than paying unfair taxes, and this wrought a real change. Did they break the law? Yes. Were they right to do so? Damn right. Governments would love us all to be good little sheep and believe they're the best, final arbiter of what's right and wrong. When they refuse to listen to what people say, action is the next logical step.

    8. Re:The problem with the copyright argument by delinear · · Score: 1

      The governments still think they can solve this with stricter laws and harsher punishments. The problem is, the stricter the laws, the quicker some bright spark finds a way to bypass them with or hide behind technology, which in turn leads to even more strict laws and harsh punishments. What government should be asking is how they can make copyright more equitable for everyone, but they're too busy pandering to the whims of the big labels and forgetting who voted them in. We're finally reaching a point where the people who care about file sharing are entering the "more likely to vote" demographic, so maybe we'll eventually see a sensible approach tabled by one of the big parties.

  44. Ahhh... I Finally Get It! by Petersko · · Score: 3, Insightful

    This thread has crystallized what I suspect is the "Slashdot-approved" stance with regards to protecting material. Correct me if I get any of these points wrong.

    1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it.

    2. If your music is so great, tour and make money that way. If you get moderately successful locally, each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour.

    3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

    As the entity "Slashdot" I hereby decree that the whole idea of "Professional Artist" is forever banned. You have been demoted to busker.

    1. Re:Ahhh... I Finally Get It! by MakinBacon · · Score: 1

      If I could mod you up as insightful, I would.

    2. Re:Ahhh... I Finally Get It! by Kitkoan · · Score: 1

      This thread has crystallized what I suspect is the "Slashdot-approved" stance with regards to protecting material. Correct me if I get any of these points wrong. 1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it.

      Its not as much that 'nobody owes you a dime', its more that just because you made it doesn't mean everyone will feel a burning urge to line up around the block to fill your pockets with money. If people feel it is worth the money, they will pay, but will only pay if they truly feel it is worth the money.

      2. If your music is so great, tour and make money that way. If you get moderately successful locally, each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour.

      Never heard of playing smaller shows to build up fame, recognition and money from those sales to help finance a bigger/better 'company'/band name? Very few bands just burst out of no where to start doing multi-city touring. In fact, most play small shows to build a name for themselves before they end up in the band that makes them big.

      3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

      They don't magically disconnect from the work, but they must be managed during the entire process. You can't sit there and hemorrhage money like there is no tomorrow with the magical expectation that because you dumped so much money into this work that it must make the same amount x10+, regardless of who you are or who you are working with.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    3. Re:Ahhh... I Finally Get It! by Anonymous Coward · · Score: 0

      Great!

      Maybe we'll start to get some good music if the only people making it are those who want to make it, not those just trying to make a living out of it.

    4. Re:Ahhh... I Finally Get It! by mjwx · · Score: 1, Redundant
      This post is crystallised what I suspect is the "recording-cartel-approved" stance with regards to culture. I will now correct your points.

      1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it.

      You're assuming that one is entitled to get paid, you're also assuming that because you put money into something it has an intrinsic value equal to or greater then the time and money already expended on it. This falls down when you find out that, a product is worth what a purchaser will pay for it. Quite simple, because it cost you x dollars does not mean it is worth x dollars in the market. If your purchasers determine your product is worth 0 dollars you are not then entitled to payment.

      2. If your music is so great, tour and make money that way. each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour.

      This is how a band actually makes money. More often then not a portion of the money raised from touring will go to repay the recording contract debt (a loan forwarded to the artist by the publisher to cover the costs of hiring a studio, producing a film clip, living expenses, manufacture and distribution of an album as well as managers customary 10%) as CD sales often do not cover this debt 100%. Publishers do not take a loss here if it can be avoided even if it means reducing people to destitution. Loan's aren't given to artists by banks, they are given by publishers as banks have to follow rules about how to treat the debtor.

      3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

      Once again we go back to point number 1. Just because you spent x dollars on y does not entitle you to receive x dollars for y. When the costs of distribution are nil (zero cost to produce and distribute a flawless copy) all of these costs are diluted until they cant be realistically measured on the scale that money operates (I.E, each copy becomes a fraction of a cent).

      You've pretty much described the Modus Operandi of the recording industry. 1. set the artist up in debt. 2. make sure the only way they can earn money for themselves is by hard touring. 3. as soon as their recording is complete disconnect the artist from their own works. Remember that Brittany Spears does not hold the rights to her own songs, her recording studio does.

      As for the entity "recording-cartel" I hearby decree that the whole idea of "Independent Artist" is forever banned. You have been doomed to abusive and one sided contracts.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    5. Re:Ahhh... I Finally Get It! by xigxag · · Score: 4, Insightful

      If I could mod him down as "troll", I would. Anti-Slashdot-groupthink has been done better before, and cynicism for cynicism's sake can become its own form of groupthink, of a sort tired and whiny, not insightful.

      There is no single "Slashdot-approved" stance, as is evidenced from the back and forth in this thread. What's more, even among Slashdot's anti-status quo group, there's considerable divergence in opinion, from the more extreme idea of abolishing all copyrights on principle to the "accept reality and change your business model" crowd to those in favor of lessening the period for copyrights to pre-Berne convention levels, or those who simply don't want that period to be extended any further than it already has. (Technically I suppose that last would be pro-status quo, except that they're against the prevailing status-quo legal framework of extend ad infinitum.)

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    6. Re:Ahhh... I Finally Get It! by Anonymous Coward · · Score: 0

      Well said!

      I think you can also add that, if you really, really want to make money you should stop being creative and get a real hands-on job; because making music or writing fiction is so easy it is not worth paying for. Still it is so important from a cultural viewpoint that it should of course be free for everyone to access.

      Don't you just love the hypocrisy?
      Pretty sure the majority here would cry foul if they tried their luck as a musician or and author and found out no one were buying their works.

    7. Re:Ahhh... I Finally Get It! by gringer · · Score: 1

      This thread has crystallized what I suspect is the "Slashdot-approved" stance with regards to protecting material.

      I like to think that the Slashdot view is 'pay to create' rather than 'pay to distribute'.

      --
      Ask me about repetitive DNA
    8. Re:Ahhh... I Finally Get It! by mzito · · Score: 1

      So, full disclosure, I am an appreciator of Jason Robert Brown's music, and I have met him on several occasions, though we're not at all close.

      I think something that a lot of people miss on this thread, and your post touches on a little bit, is that JRB is not a rock musician, or in a band - he's a musical composer. Fundamentally, he spends a whole bunch of time writing a show, creating the music, spends months, usually years getting it right until it's finally performed for the first time - and then that's it. He's done. He doesn't get to go on tour and perform it, nor does he get to sell the sequel.

      His only real revenue sources come from:
      - show licensing
      - cast recordings
      - sheet music

      What would he go on tour with? Himself performing the parts from his show?

      Also, for anyone who talks about the era of shakespeare as the golden era of theatre has no idea what they're talking about. In those days, playwrights had to create shows in days or weeks , get them in the theater, after which the good parts were stolen by other playwrights, and yes, no one considered the idea of a play to be something "special".

      Guess what? 99% of them were terrible. Even talented writers would churn out show after show of utter shit, just because, why not? They're not going to get paid once the show is performed, so what's their incentive to make quality over quantity?

      Meanwhile, JRB can spend a year or years writing a show, because he knows that if the market accepts that his show is worthwhile, he'll make his time and money back.

      As an example along those lines, Stephen Sondheim has talked about how his royalties from west side story allowed him to focus on creating new, great work instead of stressing about shows.

      --
      me@mzi.to
    9. Re:Ahhh... I Finally Get It! by physicsdot · · Score: 1

      You're assuming that one is entitled to get paid, you're also assuming that because you put money into something it has an intrinsic value equal to or greater then the time and money already expended on it. This falls down when you find out that, a product is worth what a purchaser will pay for it. Quite simple, because it cost you x dollars does not mean it is worth x dollars in the market. If your purchasers determine your product is worth 0 dollars you are not then entitled to payment.

      You have created a strawman. The artist is entitled to be paid if those people who have a copy of their work made use of it. No artist argues that they deserve an income for copies of their art if no one even looks at them. Your position is that you will both enjoy the copy of the art, and then decide the price to pay for it. An enviable position to be in... the artist having no recourse whatsoever in the eventuality that greed might result in you being less than generous.

    10. Re:Ahhh... I Finally Get It! by mjwx · · Score: 3, Interesting

      You have created a strawman.

      No, you disagree with my point and the easiest way to destroy it is to twist my words into something logical.

      What I said is that creating something via the use of money does not give it an intrinsic value. The value is decided by the market, well it is in most markets, in the entertainment industry it's given an arbitrary value that does not reflect the real cost of production. When a market decides your product is worthless or not worth the asking price, you are not entitled to a cent, you are entitled to make something worthwhile/adjust prices or go out of business. The real straw man was created by the GP.

      he artist is entitled to be paid if those people who have a copy of their work made use of it.

      Once again you do not understand. No they are not entitled to get paid, they may get paid if the market decides it is worth their asking price.

      An enviable position to be in... the artist having no recourse whatsoever in the eventuality that greed might result in you being less than generous.

      Now this is a real straw man. You've create a fictional scenario where the artist is actually paid for CD sales. This is not true, the artist earns money by touring, now this is something that cannot be re-created thus has an intrinsic and measurable value. Have a read of this and try to tell me that the artist will starve, you are repeating stale and inaccurate propaganda as their true income source, the live shows and merchandise will not disappear even if copyright ceases to exist.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    11. Re:Ahhh... I Finally Get It! by Anonymous Coward · · Score: 0

      I've heard quite a few buskers with more talent than the latest RIAA artist-du-jour, and I've given said buskers more money in total than I've given the RIAA artists in total.

      Where's the problem?

    12. Re:Ahhh... I Finally Get It! by 10101001+10101001 · · Score: 1

      1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it.

      The world doesn't owe you a living. This doesn't change just because you decided to write a novel. Certainly, a large part of making a living when you alone are a business is convincing people to buy your product.

      2. If your music is so great, tour and make money that way. If you get moderately successful locally, each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour.

      Welcome to the world of self-entrepreneurship. The rewards can be amazingly great, but there's an amazing amount of risk. In fact, most such businesses fail precisely because of the great risk. It can happen no matter how great your music is because of a lack of experience and because life isn't fair.

      3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

      Welcome to globalization, where just about anything can be made at dirty-cheap prices in China at virtually the cost of the raw materials (all R&D costs sunk only on the inventors). Yes, you might have a legal right to step in and stop piracy (or trademark infringement), but that's probably not going to really help unless you're a large, well-established company that can spend years to actually see law suits through and law/government changed to actually force existing laws to be executed.

      In short, copyright holders actually get a leg up compared to most businesses. They get an actual legal monopoly on the production of a good. While it might be hard to legally enforce at the start, once you're a large well-established, it becomes much easier to actually pursue those who would infringe your legal rights. If you never become large or well-established, then you're sadly probably shit-out-of-luck. You're left to the same arena most small business owners are; you try to convince people to keep buying and hope you have enough profit to continue on. While I might weep for you a little, there's a lot more people probably a lot more deserving of sympathies than you (a lot more crushing debt, for example).

      --
      Eurohacker European paranoia, gun rights, and h
    13. Re:Ahhh... I Finally Get It! by Logic+and+Reason · · Score: 1

      1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it.

      I would phrase it as "information cannot be owned". "Intellectual property" is a very poor approximation; the model of ownership is fundamentally a bad fit for information. As Bruce Schneier put it: "trying to make digital files uncopyable is like trying to make water not wet".

      As for "nobody owes you a dime for your time", that is true. Nobody owes you anything regardless of how much time or work you may have put in. That is, unless you arranged beforehand to be paid for your time, which you can do with or without copyright.

      2. If your music is so great, tour and make money that way. If you get moderately successful locally, each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour.

      Touring is one way to make money, sure. But heaven forbid musicians be required to work hard or take risks!

      3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

      Costs are an "implementation detail" of the producer, irrelevant to the consumer. Do you think companies that sell physical goods set prices according to their costs? No, they charge whatever the market will bear. If that happens to cover their costs, they make a (possibly very large) profit. If it doesn't, they go out of business, and the world moves on.

    14. Re:Ahhh... I Finally Get It! by Registered+Coward+v2 · · Score: 2, Insightful

      This thread has crystallized what I suspect is the "Slashdot-approved" stance with regards to protecting material. Correct me if I get any of these points wrong. 1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it. 2. If your music is so great, tour and make money that way. If you get moderately successful locally, each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour. 3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs. As the entity "Slashdot" I hereby decree that the whole idea of "Professional Artist" is forever banned. You have been demoted to busker.

      You forgot one:

      None of the above applies when dealing with GPL'd code - if you ignore the GPL you are the most evil of evil; you are taking our creation and using it without giving back your code when you distribute it. We are entitles to that; after all it's OUR work that you are using. Hooray for the EFF; who may just sue you into oblivion for violating our rights.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    15. Re:Ahhh... I Finally Get It! by physicsdot · · Score: 1

      No, you disagree with my point and the easiest way to destroy it is to twist my words into something logical.

      I didn't even have to fix that for you!

      I was talking about writers (and song writers) more than performers. I'm sure you understand that for these artists, live performances are more limited in scope.

      Look, we are just going to have to disagree. To me, this is not a matter of how artists can be *potentially* paid, but a moral matter. If anyone struggles to produce art, and pirates enjoy that art without ensuring that the artist is getting a decent living from it - then they are acting immorally. Your talk about alternative revenue streams, or whatever is completely irrelevant. The artist has demonstrably created something the market desires - as is evident by downloads. The only issue is, do the rich people who enjoy their material have a duty to ensure that the artist is adequately compensated for their work. In other words, providing that the artist's customers (i.e., those downloading and enjoying the creative efforts) are richer than the artist, and those customers are enjoying the work, I do believe that the artist has a right to be paid.

    16. Re:Ahhh... I Finally Get It! by Anonymous Coward · · Score: 0

      Correct me if I get any of these points wrong.

      Quite. I cannot of course speak for others, but here's my take.

      Here are the cold facts, in no particular order:

      * There is a huge amount of creative content for sale out there.
      * The technology has made it possible for content to be sold as electronic copy and we (the public, the consummers) will not go back to physical copy. The main reason being that with electronic copy we can finally buy something once and have it forever. No more being forced to buy the same thing again every time the technology of the physical support changes.
      * Each buyer has limited funds they're willing to spend on content, on a monthly basis.
      * It is impossible to prevent multiplication of electronic copy.
      * The public abhors convoluted and restricting methods of purchase and delivery.

      These are, I repeat, cold hard facts. You may wish to change them but you cannot. You may try to change the technology or the law; you may victimize or bully individuals. But at the end of the day the vast majority of your buyers wish for things to be otherwise. Give them what they want.

      In light of these facts, those who want to sell content should make individual copies:
      * ...cheap enough that the public can buy a reasonable amount of items each month. I'm talking in the sub-dollar per item range.
      * ...completely lack half-baked attempts at copy protection. They accomplish nothing and annoy people.
      * ...extremely easy to buy online.

      Do this and you will have a reasonable stream of revenue. If it's very easy and resonably cheap to pick up any kind of content legally, from a trusted source, people will do that and those who won't will be regarded as absolute cheapskates and jerks.

      People don't learn how to use torrents and make efforts to join trackers because it's easy. They do it because it's easier and cheaper than the official alternative.

    17. Re:Ahhh... I Finally Get It! by Anonymous Coward · · Score: 0

      You are correct...this position is so prevalent in the realm of the computer savvy. No one who has 'created' anything of artistic value in an attempt to compete (i.e. pay for food and housing) at a professional level would agree with stealing/ copying/ sharing or whatever they want to justify it as. This then leads in to the inevitable discussion of the arts and relative lack of quality of movies/music/art/lit created in the past 30 or so years. It also shows the weak willed who have been completely sucked into the capitalist borg manifesto to consume at completely unattainable rates with no conscious for the result as long as the individual is able to consume what the individual desires. Now transpose that where the same individual would have to come and try to take my product from the creator, say from my hands as I sell my CD from the stage after my show...bring it and see how the results of the elevated, self-indulgent, nerdbag slashdot perspective weighs out in a scenario with real world and physically borne consequences.

    18. Re:Ahhh... I Finally Get It! by gilroy · · Score: 1

      if the market accepts that his show is worthwhile, he'll make his time and money back.

      I cry foul. You can't extol the market in one breath then defend a market-distorting structure (i.e., state-sponsored monopoly, i.e., copyright) in the other. "The market" prices things on the margins -- what it makes to create the last good created, not all of them. For digital works, the marginal cost is functionally zero. Therefore zero is the "correct" (that is, market-driven) price. Charging more than zero requires state intervention into the market -- the creation of artificial scarcity. That is what copyright does; and it is a legitimate point of debate as to whether it achieves the social ends sought at the best allocation of resources.

    19. Re:Ahhh... I Finally Get It! by radtea · · Score: 1

      As the entity "Slashdot" I hereby decree that the whole idea of "Professional Artist" is forever banned.

      Not banned: technologically obsolete.

      This is the unfortunate truth: the equilibrium market price of a good whose incremental cost of production is zero, is zero. The tendency of market prices to converge on the incremental cost of production is pretty fundamental, both theoretically and empirically.

      The "Professional Artist" as we have known them in the 20th century was the result of a transient technological era in which mass production of copies was cheap but creation of a single copy was expensive.

      Attempting to replace technological reality with legal opposition has never been a good bet. Holding back the tide an all that.

      This is not to say that I don't feel sympathy for artists, and I don't rip music myself because it's illegal. But I also don't buy any DRM content of any kind, ever, because it's stupid and annoying and certain to fail in the relatively short term (that is, any specific DRM tech will become obsolete, requiring me to repurchase the same work in a new format...)

      Once upon a time guilds operated based on legal restrictions on certain types of economic activity. Various technological and social upheavals put an end to that, and that pretty much sucked for the people who make their livings the old fashioned way.

      Before Wedgewood invented the factory potters could make a pretty good living. Before Ford people made a lot of money on horse-related stuff. Various legal barricades were put in place to stop the spread of new technology that was wiping out the livelihood of established producers.

      None of them worked because it was an attempt to make pi = 3, more-or-less. Economic laws are as much laws as any others, and can only be distorted for a short time by dint of great effort.

      So while there is a huge amount of moral inconsistency here, the reality is that economics, not morality, is in the driver's seat, and while the composer is certainly in the right legally and possibly morally, he's in the wrong technologically and economically, and in a tag-team match between Legal/Moral on one side and Tech/Econ on the other, I know which way I'd bet.

      --
      Blasphemy is a human right. Blasphemophobia kills.
  45. Re:"I'm just a guy trying to make a living." by Anonymous Coward · · Score: 1, Insightful

    If that's how you feel, then he should get a "fucking job" - not making art, then you won't have any to enjoy. And you'll have nobody to blame but yourself.

    Wait, no - I've got a better idea: you quit your job and create the content instead and give it away for free. You can get your food from the dumpsters, there's plenty to go around. The rest of us will appreciate it, so thanks.

  46. Legal true, but what about moral? by Roger+W+Moore · · Score: 4, Insightful

    The capability to copy something easily does not automatically grant you the legal right to do so.

    Clearly not the legal right but what about the moral right to do so? Creative works used to be funded by either patronage or live performances so clearly copyright is not required for composers, singers etc. to make a living. So is it morally right to prevent people from sharing simply because creators want to earn more money or be supported in a particular way? Perhaps a case can be made if the current copyright system could be shown to produce a larger variety of higher quality material than its predecessor but I've yet to see that argument made, or at least made convincingly.

    1. Re:Legal true, but what about moral? by White+Flame · · Score: 1

      Rights must be agreed upon to be of any value. If you assert that you have a moral right to X and believe it with all your heart, but few others agree, then you will never see your right exercised. Tough cookies. Now, since the USA law has already established rights surrounding copying of IP, you can not claim that your "moral right" permits your behavior because that area's already legally covered. But you can plea a case based on this sort of subjective judgment of societal benefit in order to change the law itself. (and it helps to line some pockets of the powers that be to see your point of view :-P)

      But in general, IIRC congress is authorized to create copyrights and patents to promote the progress of science and the useful arts. I do believe that the current IP laws can therefore be seen as unconstitutional, but these IP laws are the only actual IP rights that exist in the USA. "Moral rights" are simply individual opinions; "legal rights" are agreed-upon opinions.

    2. Re:Legal true, but what about moral? by Roger+W+Moore · · Score: 1

      If you assert that you have a moral right to X and believe it with all your heart, but few others agree, then you will never see your right exercised.

      Completely true. However even if a lot of others agree but large corporations do not then I still think you will never get to see your right exercised which is a problem.

      you can not claim that your "moral right" permits your behavior because that area's already legally covered.

      There is a difference between 'legal' and 'moral'. It is certainly possible for something to be moral or ethical but illegal just as it is for something to be legal but immoral or unethical. So it depends what you mean by 'permit'. For example if I had purchased that sheet music my morals would permit me to perform that music in public since I paid for a copy of the music. However the law says that I cannot and so I might refrain in order to avoid paying the associated fines (something for which the public should be very glad of given my musical abilities! ;-).

      Clearly copying the sheet music is illegal, at least in the US, in Canada private copying between individuals like that is permitted and legal (at least that is my understanding). However the composer was arguing that the teenager was morally and ethically wrong...and that I think is far more debatable.

    3. Re:Legal true, but what about moral? by White+Flame · · Score: 1

      However the composer was arguing that the teenager was morally and ethically wrong...and that I think is far more debatable.

      Exactly. And just as his morals about what she shouldn't be allowed to do are debatable, so are your morals about public performance debatable.

      As soon as you bring the word "moral" into the picture, it's just a free-for-all of opinion and belief, since everybody holds their own personal understanding of morality as axiomatic.

    4. Re:Legal true, but what about moral? by mwvdlee · · Score: 2, Insightful

      Why don't you be a patron and pay a composer a few thousand bucks to create a public domain work?

      In the end, being a composer is just a job, and they can either earn money from it or stop being a composer.

      If you want to start a conversation about the maximum amount of money composers should be allowed to earn, then say so.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    5. Re:Legal true, but what about moral? by iserlohn · · Score: 1

      The moral rights that you are referring to is more akin to natural rights. Natural rights do not rest on the belief of the individuals. Rather, they rest on some universal value that is shared by all of mankind. This subject has been discussed to death (see the writings of Locke and Paine) since the Enlightenment.

    6. Re:Legal true, but what about moral? by White+Flame · · Score: 1

      Natural rights do not rest on the belief of the individuals. Rather, they rest on some universal value that is shared by all of mankind.

      Can you list just one of these universal values that all of mankind actually does share?

    7. Re:Legal true, but what about moral? by silentcoder · · Score: 1

      >The moral rights that you are referring to is more akin to natural rights. Natural rights do not rest on the belief of the individuals. Rather, they rest on some universal value that is shared by all of mankind. This subject has been discussed to death (see the writings of Locke and Paine) since the Enlightenment.

      It goes back to the ancient Greeks and may we BE lucky enough that it goes on forever. There will always be those in power, wishing to extend that power indefinitely - and the only way to combat it is for people to have a clear way of expressing what they believe their rights should be- and stand up for those.
      It's not ideal (people often don't value their most needed rights while actively participating in losing them - especially if the restrictions will combat something they find scary [a word that means "different" or "unusual" or "not like me"])

      But it's a damn sight better than nothing which currently is the alternative.

      It's well worth remembering that the law has on many cases been utterly wrong and done things which was morally reprehensible. Slavery used to be legal remember. Not long ago- the law in my country made it illegal for a black man to swim at the same beach as me. Only a racist would call that law "good" though or think that just because the law said so I was SUPPOSED to have a "right" to a beach with only whites on it.

      Sometimes when our democratic methods are not serving us, we are forced to change the law by civil disobedience - perhaps even force. Rosa Parks on her buss did just that - and led to the end of a lot of wrong laws in America - laws that would never have changed in an election since the people suffering were a minority and the majority group didn't consider them wrong (at the time).

      I would even go further. It is my fundamental belief that an action continuously undertaken by the majority of people cannot justifiably be illegal under a democratic system. There should be a qualifier here if the action has a genuine risk of significant harm for others but that's the only justifiable restriction.
      So speed limits make sense even if most people ignore them - a way to make roads safer without them would be better.

      The very numbers the RIAA sites about how many people share their copies of creative works, and obtain some of their own through sharing - says that the people HAVE voted on this issue- and copyright law MUST be abolished.
      Now having come to that conclusion (that it's clearly an unjustifiable restriction on a behavior that most people do NOT consider something which should be illegal) we can have a USEFUL debate. There is no harm to an author through copying, if anything there is the only benefit that actually matters: his work serves society.
      But to get more works - we should compensate authors. A debate that WILL be of use is how BEST to do so. Clearly copyright is no longer and option worthy of consideration for this purpose, even if it wasn't an abject failure at the goal anyway.

      --
      Unicode killed the ASCII-art *
    8. Re:Legal true, but what about moral? by SoTerrified · · Score: 1

      Perhaps a case can be made if the current copyright system could be shown to produce a larger variety of higher quality material than its predecessor but I've yet to see that argument made, or at least made convincingly.

      Quite the opposite. The current system encourage the mass production of a large quantity of low quality material in an effort to a) reap the rewards of scale (Even if only 1 in 1,000 like this, in an audience of millions I can make some money) or b) to try and flood the market with concepts and ideas so that any following work of quality will be exposed to lawsuits. (I'm suing Rowling for her 'Harry Potter' novels because I wrote a book about a wizard with a pet owl.)

    9. Re:Legal true, but what about moral? by matzahboy · · Score: 1

      Creative works used to be funded by either patronage or live performances

      If you think about it, they still are. The recording industry are those patrons. However, the patrons these days are businesses. They fund a lot of people who end up failing, but they try to make up for their losses by making fortunes off of the few who succeed.

    10. Re:Legal true, but what about moral? by gfreeman · · Score: 1

      Natural rights do not rest on the belief of the individuals. Rather, they rest on some universal value that is shared by all of mankind.

      Can you list just one of these universal values that all of mankind actually does share?

      The United Nations created a handy list over 60 years ago.

      http://www.un.org/en/documents/udhr/

      --
      Ceci n'est pas un sig.
    11. Re:Legal true, but what about moral? by White+Flame · · Score: 1

      All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

      Nope, that's not a universal value that all of mankind shares, due to the existence of caste systems and other elitist structures.

      Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

      Nope, that's not a universal value that all of mankind shares, due to the prevalence of xenophobia and cultural inertia.

      Everyone has the right to life, liberty and security of person.

      Yeah, right. Tell that to a murderer or slave owner.

      etc.

      While these are pithy statements that most "reasonable" people will have some measure of agreement with (though there are a ton of entitlement rights in there that are serious slippery slopes), these are not universally held beliefs.

    12. Re:Legal true, but what about moral? by Roger+W+Moore · · Score: 1

      And just as his morals about what she shouldn't be allowed to do are debatable, so are your morals about public performance debatable.

      True but I would hold that a large fraction of the population of most western countries would agree that if you have legally purchased a copy of the music what you choose to do with it, including perform it, is up to you with the exception of copying and selling it....and yet we do not have those rights. No you could say that I'm wrong and a majority would not agree with that. However I suspect that IP based industry agree with me that this is the case which is why they employ means (that while legal I suspect a majority would also agree are unethical) to convince politicians that the existing system should stay. This also explains the frantic attempts by the RIAA and others to attempt to persuade people that copying music/films/etc. is morally wrong. If a majority of people agreed that it was there would be no need for this and copyright infringement would be a far smaller issue than it currently is (though of course it would still be there since humans are known to act immorally even by their own definitions!).

      What is needed is a free, open and public debate on copyright without undue influence by media groups. Until then I would expect public resentment to keep growing and laws to keep getting stricter until either innovation and creativity is stiffled by the laws or the resentment results in a backlash that damages the industry to such an extent that innovation and creativity are stifled by lack of money.

    13. Re:Legal true, but what about moral? by Anonymous Coward · · Score: 0

      They still are funded by patronage. That's your job.

    14. Re:Legal true, but what about moral? by Anonymous Coward · · Score: 0

      In the days of 'patronage' most artists had to scrap a living together. Some (most) lived as paupers and others made an okay living from it.

      When Mozart worked in Salzburg under patronage he was seated just above the boy who cleaned the stables at the dinner table. That's about where most composers were considered, a bit better than stable boys. If an artist didn't get a good patron (such as a King etc) they were poor.

      Even Michaelangelo complained of money problems (and not being paid by people), and he had plenty of patrons during his time. He earned enough to be upper middle class in todays society.

      Live performances don't pay composers. If there is no copyright for them to earn royalties off, then anyone can perform their music and they never get paid.

      In the days of Mozart, musicians/composers had to take on students and be teachers. The problem with this is not all great composers were good teachers, and not all good teachers are good musicians or good composers. A lot of composers also were not necessarily good musicians.

      Asking musicians/composers etc to return to the days of patronage is like asking workers to return to pre-union days when they could be sacked at any time over anything, have no occupational health and safety and work for less than minimal wages.

      Copyright and royalties were a way to compensate composers, artists, musicians, etc to get some return on the hours that go into creating their works. It also frees the composer / musician / artist to spend more time creating than having to take on students or other part time jobs to make ends meet.

      I think one of the big problems is people confuse the cost of one unit of the product for the copyright royalties being given.

      Composers earn one cent each per song sold (regardless of how many wrote a song. So if four writers are credited, then four cents on the song will go to the composers). The musicians get paid depending on whether they are paid musicians (ie they might get paid for a session up front), or they may get a royalty if they are in the 'band' on the album. It's about one cent again (each). The record company also gets a one cent royalty on the recording because they will own the copyright on the recording. This copyright prevents others from copying it, especially other record companies, else all small record labels would go under. Thus, copyright is good for the small time composer/record label etc.

      If you buy an album for example $10, and it has 15 songs on it. Less than $1.50 will go on royalties to the copyright holders. Half probably goes to the store you bought it at, and the rest goes into the record labels coffers, to pay producers, engineers etc and as a way for them to make money (they are a business). [Average mark up at a record store is 100 to 110 %. So a $10 album will have probably cost them $5]. Places like iTunes only pay a 1c royalty on a song they sell for 99c. So Apple makes 98c for every song they sell and the 1c royalty needs to get split by the copyright holders ...

      Returning to a patronage system is a way to return to the majority of musicians / composers etc becoming paupers and semi professionals with less time to create.

      Mozart (in spite of the movie Amadeus) was buried in an unmarked grave (not a paupers grave with other people). He had made it to what would be called middle class by todays standards, and he'd had plenty of patronage over his years, but mainly supported himself by teaching music. This is about as good as it got for a musician/composers under patronage. To have been only a composer or a musician (and not both) you probably couldn't get as close.

    15. Re:Legal true, but what about moral? by iserlohn · · Score: 1

      Way to go, winning the argument by redefining the phrase "universal value" for posterity! Orwell would be proud...

    16. Re:Legal true, but what about moral? by iserlohn · · Score: 1

      And your point is......

      Are you searching for the concept of Mens Rea? Because this too has been discussed to death.

      I'm not pro-copyright, but if you are approaching legal subjects, you need to at least use standard terminology.

    17. Re:Legal true, but what about moral? by silentcoder · · Score: 1

      My point is the copyright is now so much of a faillure at serving the public good, that it should be ignored as an act of civil disobedience until massively reformed.

      --
      Unicode killed the ASCII-art *
  47. Author's basic misunderstanding of reality by Coward+Anonymous · · Score: 2, Insightful

    "And I say to you that just because technology makes doing a bad thing easier doesn't mean it's suddenly not a bad thing"

    To me this quote embodies the disconnect between "pro" copyright individuals and reality.
    Copyright came into existence *because* of technology and is an artificial means of creating what is meant to be a temporary monopoly on an idea. Copyright infringement is not a "bad" thing, it's just a violation of current law which happens to be outdated. The law is outdated because technology has continued progressing to the point that everyone, including Mr. Brown himself I'm willing to bet, is in violation of the law. When a law makes everyone a criminal, it's not a practical law.
    Copyright came into existence because of technology and will continue to be shaped by technology over the long term. All the moralistic nonsense is myopic bombast.

    1. Re:Author's basic misunderstanding of reality by Anonymous Coward · · Score: 0

      Same thing with the war on drugs. As the technology for interdiction, backed up by nazi laws approaches 100%, so too will the bribed cooperation of military, law enforcement and administration approach 100% in the provision of the billion$ in drugs which will still hit the street.

    2. Re:Author's basic misunderstanding of reality by Anonymous Coward · · Score: 0

      You notion of the history of copyright bears no resemblance to reality.

    3. Re:Author's basic misunderstanding of reality by Anonymous Coward · · Score: 0

      "And I say to you that just because technology makes doing a bad thing easier doesn't mean it's suddenly not a bad thing"

      To me this quote embodies the disconnect between "pro" copyright individuals and reality.
      Copyright came into existence *because* of technology and is an artificial means of creating what is meant to be a temporary monopoly on an idea. Copyright infringement is not a "bad" thing, it's just a violation of current law which happens to be outdated.

      Where is this disconnect? Are you saying that the quote says something that is untrue?

      Are you saying that the copy is not as good as the original?

      Are you saying that the temporary monopoly on an work (really the putting of the idea into concrete form, not the idea) is a bad thing?

      Or are you saying that copyright is outdated in its entirety? If this last, I'm curious where you expect people to get loans for going to music school, or if you think that music (and other arts) education is also outdated.

      The law is outdated because technology has continued progressing to the point that everyone, including Mr. Brown himself I'm willing to bet, is in violation of the law.

      Evidence? In particular evidence that he is meaningfully in violation of the law in the way that the person he was talking to was? If you're saying (by analogy) that the law against jaywalking is outdated because everyone has stepped into the street outside of a crosswalk, so drivers should simply drive at 20Mph all the time for pedestrian safety, then I'm afraid I disagree.

      Are you saying that you would be satisfied with copyright reform that makes it easier to follow the law? I don't think you are, but that's what your argument effectively is working towards. I support copyright reform, quite possibly of the kind this argument leads to, but I can't say that violating the current law is the way to get there. Throwing the current copyright law out entirely is just ridiculous.

    4. Re:Author's basic misunderstanding of reality by Coward+Anonymous · · Score: 1
  48. Brown does not represent all composers. by kfogel · · Score: 2, Insightful

    Considering how many great composers lived and wrote before copyright was even invented or could affect them (*cough* J.S. Bach *cough*), it would make more sense to call this "one composer's view of copyright". Especially given how much every composer -- Brown included -- is indebted to other composers.

    http://questioncopyright.org/minute_memes/all_creative_work_is_derivative

    (See the embedded video there.)

    --
    http://www.red-bean.com/kfogel
    1. Re:Brown does not represent all composers. by DaveV1.0 · · Score: 0

      Composers generally created works for hire under the patronage system. Few people could read, let alone play the music of the works. And, making copies of works at that time was difficult and expensive and thus not practical.

      In essence, in J.S. Bach's time, creating a copy of sheet music was akin to photocopying an entire 1000 page novel. As it had to be done and double checked by hand, it might actually be easier to photocopy said novel than to create 50 copies of a symphony in Bach's time.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:Brown does not represent all composers. by Anonymous Coward · · Score: 0

      "composers lived and wrote before copyright was even invented (eg Bach)"

      Yes, but Bach worked for the Church. He had, in effect, a sponsor. That was the old model for supporting creative work. Mozart worked for the royal court, I think. Other examples include the Medici in Florence who supported artists.

      The trouble with that model is that there aren't enough rich sponsors. It's a model that depends on the existence of rich, generous patrons, and most people aren't rich.

      So, in today's democratic nations, creative people must support themselves by selling copies of their work. That's always a more precarious position, because copying technology has progressively gotten cheaper over time. Hence it is precisely for that environment that moral fictions like "copyright" have been devised.

      Of course, copyright is a fiction. But, let's be honest, the average person has neither the money nor the desire to support creative work.

      The real problem is that most people don't care about creativity. There are more creative people than there are other people willing to pay for creative work.

      To make themselves feel better when confronted with guilt over copyright violation, freeloaders have invented another moral fiction: "creative work wants to be free."

      But let's not lie to ourselves. That's a fiction too.

      Alejo

  49. You don't make peace by being hostile by Bazouel · · Score: 1

    From the article: "I have also heard from a continuing stream of extraordinarily hostile young men (always men) who insist on "educating" me on the ins and outs of cybermorality, the definition of "stealing," and why I deserve to choke on my own obsolescence."

    He is talking about YOU guys from slashdot. Way to go! Don't you understand that you get more bees with honey than vinegar? And further than that, that whole nasty behavior of yours make us all who tries to change mentality to look even nerdier and jerks than before. *sight*

    --
    Intelligence shared is intelligence squared.
    1. Re:You don't make peace by being hostile by Kitkoan · · Score: 1

      From the article: "I have also heard from a continuing stream of extraordinarily hostile young men (always men) who insist on "educating" me on the ins and outs of cybermorality, the definition of "stealing," and why I deserve to choke on my own obsolescence."

      He is talking about YOU guys from slashdot. Way to go! Don't you understand that you get more bees with honey than vinegar? And further than that, that whole nasty behavior of yours make us all who tries to change mentality to look even nerdier and jerks than before. *sight*

      While very, very few of the comments here on slashdot are 'extraordinarily hostile' or tell him 'why I deserve to choke on my own obsolescence', the is no reason people here can't insist on 'educating' him. His entire blog is him trying to 'educate' everyone who reads it the 'ins and outs of cybermorality, the definition of "stealing". Comments on both sides are made up of opinions and have facts and pseudo-facts to back them up. He can complain about people 'insisting on educating him' all he wants but in the end its 'Pot meet kettle'.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    2. Re:You don't make peace by being hostile by Bazouel · · Score: 1

      It's not about the message, it's how you package it. To be blunt about it, I find his social skills to be far superior to the average guy here ..

      --
      Intelligence shared is intelligence squared.
  50. Debit cards? by LongearedBat · · Score: 2, Insightful

    Would a solution be to allow teens to have "credit cards with zero credit limit"? (Not sure what that would be called.)
    ...meaning that it can only have a positive balance, and that overdrafts can't happen.

    - Zero risk for overspending, meaning zero risk for banks and zero risk for parents.
    - Electronic transfer of pocket money.
    - Perhaps parental overview of transactions.

    Perhaps it might also help teens with early budgeting of pocket money, if the "kids" look at their online statements.

    1. Re:Debit cards? by Zironic · · Score: 1

      You mean debit cards?

    2. Re:Debit cards? by dlgeek · · Score: 1

      Did you even read the subject line of his post - or yours?

    3. Re:Debit cards? by Mitreya · · Score: 1
      Would a solution be to allow teens to have "credit cards with zero credit limit"? (Not sure what that would be called.)

      It would be called a pre-paid credit card or gift-visa card. They already have those. Some of them allow recharging - with a system for regular updates (i.e. weekly allowance added to the card).

    4. Re:Debit cards? by delinear · · Score: 1

      If they were universally accepted, maybe. I've never been able to buy anything from the US (I'm in the UK) with a debit card - it's always credit or, very rarely, paypal. I've not had a credit card since 2001, and I can vouch that the last time I wanted to buy something from Steam (Peggle last year) I couldn't (they weren't accepting debit or paypal at the time, I don't know if this has changed).

    5. Re:Debit cards? by SpaceCadets · · Score: 1

      I posted up there somewhere about my Debit/Credit card. Linked to my account, is a Mastercard with all the normal credit card numbers so I can buy things off the 'net, but I can only spend what's in my account. This is in Aussieland, btw, not sure about anywhere else. :)

  51. Debatable by Roger+W+Moore · · Score: 5, Insightful

    Copyright law exists for the advancement of society

    Copyright law was created for the advancement of society. It currently exists because of a historical precedence. Whether copyright law still benefits society is a debatable point.

    1. Re:Debatable by ksandom · · Score: 1

      Whether copyright law still benefits society is a debatable point.

      I'd love to see an alternative that would mean that people could create without sacrificing their ability to live. There's bound to be a solution, but I haven't seen it yet.

      --
      Funnyhacks - Wierd, unusual, and fun hacks
    2. Re:Debatable by Anonymous Coward · · Score: 0

      I'd love to see an alternative that would mean that people could create without sacrificing their ability to live. There's bound to be a solution, but I haven't seen it yet.

      Anybody can create without sacrificing their ability to live, copyright or no.

    3. Re:Debatable by Low+Ranked+Craig · · Score: 1

      Whether copyright law still benefits society is a debatable point

      It may be debatable, but many things are debatable. If the law was such that all works were public domain the moment they were created then companies like Microsoft wouldn't exist to produce things like Windows. Oh, wait...

      --
      I still cannot find the droids I am looking for...
    4. Re:Debatable by BoberFett · · Score: 4, Insightful

      People can't live without 150 year copyrights?

    5. Re:Debatable by tepples · · Score: 1

      I'd love to see an alternative that would mean that people could create without sacrificing their ability to live.

      Step 1: Roll back the copyright term to 28 years, as it was in 1790. The vast majority of works produce the vast majority of revenue in the first 28 years.

    6. Re:Debatable by Anonymous Coward · · Score: 0

      Why not abolish copyright law and find out?

    7. Re:Debatable by Roger+W+Moore · · Score: 1

      I'd love to see an alternative that would mean that people could create without sacrificing their ability to live.

      Before copyright existed composers, actors, singers etc. made money from live performances and/or patronage. True they did not live in large mansions and have lavish lifestyles nor did they provide support for large business corporations but they certainly did live.

    8. Re:Debatable by Roger+W+Moore · · Score: 1

      "He who breaks a thing to find out what it is has left the path of wisdom."

    9. Re:Debatable by Buelldozer · · Score: 1

      Well, they certainly cannot live _within_ them. We don't live that long!

    10. Re:Debatable by Anonymous Coward · · Score: 0

      People can live without music/movies and they're not holding a gun to your head, so stop trolling around.

      Stop acting like they are not giving you food/water/shelter, these are not essential things that are holding back mankind. No wonder the Swedish music/movie industry is absolute crap, because they have no creativity with the crap like 'The pirate party' and good to see the rest of the world sucking off the tit of American/British creativity.

      Things like the wheat harvesting machines back in the early 1900's were determined too valuable to be held under one company/mans reign, they only granted it for like 15 years to him.

    11. Re:Debatable by BoberFett · · Score: 1

      I hate to break it to you, but the American movie industry is crap too. Unless remakes of movies ever few years is your idea of creativity, I don't think we're winning anything there.

  52. Sheet music only personal entertainment too by Roger+W+Moore · · Score: 4, Informative

    One is for personal entertainment and the other is for providing a performance tool.

    Except that the sheet music you buy does not allow you to perform the piece in public - you also need to purchase the right to perform it as well. So the only legal use purchasing the sheet music gives is personal entertainment as well.

    1. Re:Sheet music only personal entertainment too by delinear · · Score: 1

      Not only that, it requires a significant investment of time and effort, and some personal skill. If the cost of something is justified by what the customer gets out of it, this guy would have to offer refunds to anyone who failed to master his songs. Since he doesn't, we can assume GP is wrong that the cost is not determined by what the material gives.

    2. Re:Sheet music only personal entertainment too by qnetter · · Score: 1

      And medical equipment does not permit you to practice medicine by itself, either -- so does that mean an autoclave and a saucepan should cost the same?

    3. Re:Sheet music only personal entertainment too by Roger+W+Moore · · Score: 1

      And medical equipment does not permit you to practice medicine by itself, either -- so does that mean an autoclave and a saucepan should cost the same?

      Eh? Why should two completely different things cost the same? I'm assuming you know what a pan is so perhaps its worth looking up Autoclave. Passing similarities yes, the same, no. You might as well ask why a plane and a car don't cost the same because they are both modes of transport.

      Sheet music and an MP3 of the same piece contain the same information only one has been interpreted by a skilled musician. Generally when a skilled individual employs their talents they increase the value of whatever they work on. A wood carving costs more than the block of wood it took to make it. A doctor is paid (generally far too much) to make a sick person well etc.

    4. Re:Sheet music only personal entertainment too by qnetter · · Score: 1

      That's a pretty silly perspective on it - would you hold that source code and an executable program hold the same information, except that one has been made better by a compiler so is worth more?!

      Sheet music and recordings serve far different purposes. Similarly, your block of wood is worth far more than a table to someone who wants to build a bookshelf.

  53. Re:"I'm just a guy trying to make a living." by The+Second+Horseman · · Score: 1

    Yup - the value of the information is that 1) you see ads and 2) Google can figure out how to better stuff ads in your face based on what you're searching for. It's like ad-funded television - the product isn't the shows, it's the commercials. The shows are just a way of getting you to watch the commercials.

  54. If your son were allowed to make money off the CD? by pikine · · Score: 0, Troll

    Let's say the record producer asks your son if he likes the idea of making some money by selling the CD to his friends. Sure, it beats running a lemonade stand. The producer asks your son to give back $2 for every copy he sells, but he can sell it at any price he wants (the producer suggests $5). So your son starts making some money. And then one day, he notices that his friend is giving free copies to other friends, and your son stops making any more money. Knowing your son is the only person allowed to sell copies around the neighborhood, wouldn't you and your son get upset at that friend?

    Human greed is only obvious when you turn it around against you.

    --
    I once had a signature.
  55. Re:"I'm just a guy trying to make a living." by Ivoch · · Score: 5, Funny

    Yeah, what's with all that "music" and "movies" and "books" and "video games" etc crap? I just can't understand how anyone in their right mind could need to make or enjoy that stuff, when they could instead go work for a couple more hours per day in the fields or in the mines or something equally real and worthwhile. If everyone worked 16 hours per day instead of just 8 and then wasting the rest, just think about how much more advanced a civilization we'd be.

  56. MOD PARENT UP! by Brett+Buck · · Score: 1

    Spot on

  57. Um, no.... by rsilvergun · · Score: 1

    In order:

    1. That's the way capitalism works. Not that I agree mind you, but the /. crowd are mostly dyed-in-the-wool capitalists. There are better ways, like a tax on media and publicly administered content (e.g. the BBC), but then, that's socialism, isn't it?

    2. It took me 5 seconds on google to find this: http://www.negativland.com/albini.html. $80/night is pretty good for a bands. Most are making about what a 7-11 clerk makes (about $60).

    3. Studio time is now cheap, has been for a long time. Computers + cheap sound proof foam let me make a home studio for about $4,000. Auto tune makes music engineers obsolete. What is not cheap is building the mystique that goes with stardom, but that's not music, that's a circus act.

    You can still be a professional artists around here. What you cannot be, good sir, is a douche bag.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  58. Not the price, but the transaction cost. by Anonymous Coward · · Score: 0

    Am I the only one that notice the girl wasn't unwilling to pay $3.99 for the sheet music? It was that the transaction required a credit card, and she didn't have access to one. Perhaps Mr. Jason Robert Brown could contribute his voice and credibility towards getting sheet music carried on iTunes, so Eleanor could go to her local Walmart and drop cash for a gift card that she could use to legally purchase it.

    Transaction costs are much higher for teenagers than adults.

  59. Re:Demand by hackwrench · · Score: 1

    Demand for what? As the cost of something goes down, the demand goes up.

  60. Re:"I'm just a guy trying to make a living." by flyneye · · Score: 0, Flamebait

    " 'I don't wish to be the enemy; I'm just a guy trying to make a living.'" Well, then go perform your music and be paid for it.
    I'm so tired of this tired old intellectual property horseshit keeping musicians from making a living. If you want to make a living making music go f**king make it. That's how you get paid without getting screwed out of your music by a middle man. Go damn perform at a paid damn gig. Give away your music if you want it heard, those are the people who will end up paying to see you..
    You don't need the services of the industry any more than you need the services of a colonoscopist. Take your promotion into your own hands. Screw the Industry, work your own goods on the market.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  61. Arguing about the wrong thing... by alexandre · · Score: 1

    Random late thoughts:

    Society as a whole gains from having more people getting access to quality education, arts, tools, communication, etc...

    The unlimited copies now made possible through the internet do change the game just like print did and allows us to elevate the society to a higher level.

    I do want to see artists making a living if that helps them continuing to deliver great things for society.

    But the gain from having culture cheaply available to all far out weights the lost to the artist.

    I do think the network effect is also very much downplayed in this linked argument and that a lot of people I listen to and pay to see their concert would never be on my list if it wasn't for copying and the internet.

    What it seems to be doing is spreading the wealth to smaller players, not destroying it, just like it was in the 50s before the big majors killed diversity.

    I also don't think there is ever a direct link between artists being paid and the quality of their work.

    Artists who are really passionate will still manage to produce their art form no matter what.

    I'm hoping we'll find a way to encourage new talent, pay a decent wage to those well know who have contributed something worthwhile and still allow free copying of everything to everyone for the greater good...

    I'd also suggest those books: Remix, Piracy and The Wealth of Networks.

  62. Core Question by whogben · · Score: 1

    Here's the question that lies at the heart of each person's position in this great debate: Mr. content producer values his money _________ I do. 1) less than 2) the same as I think this basic emotional feeling (are most of the people on the content chain rich / do they deserve the money) is the heart of all the other reasons we create for our position on piracy.

  63. We need an easier way to say "thank you" with $$ by Alwin+Henseler · · Score: 1

    No one seriously disputes that the creator has a right to be compensated.

    Well I will seriously dispute that... The usual argument goes like "I put in a lot of effort, so I deserve to be paid for my effort". Counterargument: I put up a webpage recently, documenting something that took a lot of effort on my part. High learning curve, time spent, equipment use, internet use, making photo's & editing those, editing HTML, testing in different browsers, etc. So I deserve to get paid for that effort too, right?

    Here's why not: nobody hired me for an agreed-upon hourly rate to do this work. I chose to do this myself, fully aware that there might not be anything in return for the effort. Also: what I might consider a job worth doing, or a valuable result, might be considered worthless/waste of time by everybody else. Whether it is or not, is just a matter of opinion. Let's assume 99% of people think it's crap, why should I deserve being paid to waste time producing that crap? Or the other way round: if 99% of people love it, would that make me deserve more to be paid for the effort than if I made something that only 1% of people like, but took similar effort?

    What we really need is an easier way to say "thank you", and express that "thank you" in cold, hard cash. Let's say you download an MP3 somewhere, and after listening there's a button in your MP3 player that says "donate 1c/2c/5c/10c/20c to musician". If you like it, would you mind sending that 20c his/her way? 10c? 5c? 2c? 1c? With just that 1 click? I think most people wouldn't mind, if:

    1. It really was that easy.
    2. 'Going rates' were in the order of, say, 1/10~1/100 of what you'd pay for a bread. Importantly: small enough that it's feasible to hand out $$ "thank you's" to many people whose stuff you like, and small enough that everybody would be handing out such "thank you's" regularly.
    3. You could be sure that the money would end up in the hands of original creator, that is: in the hands of the person that did the 'heavy lifting' to produce that MP3.

    Right now 1) doesn't work because payment systems aren't that easy to use, and no system works everywhere. 2) Doesn't work because only a small minority of users are paying (and thus they pay more), 3) doesn't work because current business models rely on middlemen to collect the $$. Unfortunately I don't think there's an easy fix for these problems, or that we'll see significant progress in this area soon. But who knows...

  64. Re:No. by Anonymous Coward · · Score: 0

    Except that, under the Berne convention, anything you write down, sculpt, perform in public, etc. is automatically copyrighted. That applies to your mashed potato sculpture from last nights dinner, any papers you've written for school (although your school probably claims the copyright), and the stick figure doodle you did of Wolverine attacking King Kong on a giant frisbee (although that one violates several copyrights and trademarks, but is still a copyrighted work in its own right). So, pretty much everyone has created something by those definitions. Sturgeons law applies. Well over 99% of it all is crap. But some of it is the really good stuff that lots of people want. Some of that really good stuff is created by hard working professionals who feel strongly that their work is being stolen by copyright violators. Then there's the hard working professionals who think that it's ok for people to copy their stuff. Then there's the slacker professionals who think that it's ok for people to copy their stuff. Then there's the slacker professionals who are incensed that anyone would dare copy the one work of value they've managed to cobble together. Then there's the amateurs, some of whom want to be one of the various varieties of professional some day and others who just want to create. There's a whole spectrum between and beyond those categories and no one group produces the best work. Some of those amateurs, perhaps only a small number, produce works that beat out 99% of the professionals. Some of those hard working professionals who knock themselves out to produce can't hold a candle to some of the slackers who, through genius, a moment of inspiration, just plain luck or some bit of serendipity produced something that no amount of just hard work can ever touch. Then there are the hard working professionals who consistently churn out genius. And they all have different opinions on the copyright question, but, just because they have produced something that has consumer demand doesn't mean that the opinion of those of us whose work isn't in demand, and are therefore branded as just consumers, don't get a say.

  65. One thing JRB forgot to mention by sela · · Score: 1

    So he's just a guy trying to make a living. And he made this little experiment where he tried to stop his sheet music from being traded, and it seems like he was successful doing this. But then the more important question he did not address is: how did it help him to make a living? How much more does he make now that his work is more difficult to find online? Did it actually help him to make a living?

    I guess the answer is: no.

  66. Problem's in the pricing by davide+marney · · Score: 5, Insightful

    I'm a small-time composer, and I think $4-5 for a single copy of sheet music is ridiculously over-priced. I have always believed that all this huffing and puffing over copyright law just clouds the basic business problem: the music industry is not giving its public the products it wants, in the forms that they want it, for a price they are willing to pay. Here are some things I think people are looking for: - $5 for a single piece of sheet music that is downloaded is $4 too high. The cost of the sheet music shouldn't be five times (!) the price of the song itself. That feels like gouging. Which it is. - When people buy more than one copy of something, they should get a bulk discount. That's the way they do it at Costco, and that's the way it should work for sheet music. - When I buy something, I don't want any stupid restrictions such as trying to prevent me from printing more than one copy, or printing to a file, or anything else like that. I've got a $50 printer with a 1200 dpi scanner; you think I can't make a perfect copy? It's just insulting, and the user experience is horrible. Just give me the bleepin' file! I'm gonna convert it into a PDF anyway. The push-back to all this will be "oh, but we'll lose all our money!" Not so. If something's only priced at 99 cents, it's not worth my time to steal it for my friends. It's the price of a small fries at Micky-D's. Get your own, cheapskate. Likewise, if you're going to give me 15% if I buy 5 copies for everyone in my band, I'm going to take the 15%. Duh. And lastly, if you make it drop-dead simple to buy something online (see: amazonmp3.com), I'm going to buy from your online store because it is easier and a heck of lot safer than trolling illegal sites. -

    --
    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    1. Re:Problem's in the pricing by Anonymous Coward · · Score: 0

      the music industry is not giving its public the products it wants, in the forms that they want it, for a price they are willing to pay.

      What industry couldn't we say that about?

      And that's not an indictment of the industry, it's a truth about the consumer. One could offer a cure for all mankind's ills and some cheap bastard would still cry about how much it costs no matter how low the price.

    2. Re:Problem's in the pricing by drinkypoo · · Score: 2, Interesting

      The very idea of copyrighting of any instantiation of a particular piece of sheet music is somewhat ridiculous. The content of your music is a fact. If I work out the notes for myself and put them on a sheet I should be able to sell it. Given this, I feel it's somewhat crazy to honor copyrights on sheet music. Even with this attitude, I can see the difference between copies of a piece of music you bought at the store and distribution of sheets you wrote yourself. Unfortunately, the law can't. Since it can't, I elect to also be myopic as a form of correction.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Problem's in the pricing by gnupun · · Score: 1

      I think $4-5 for a single copy of sheet music is ridiculously over-priced.

      It's called supply and demand. The supplier is free to charge whatever price yields the highest profit. If you, the consumer, find the price too high, don't buy, move along. You don't have the right to dictate the price.

      The cost of the sheet music shouldn't be five times (!) the price of the song itself. That feels like gouging. Which it is.

      That's retarded; the number of people purchasing sheet music is drastically lower compared to the number of people purchasing the song. Therefore, the sheet music has to be higher to make a decent profit.

  67. Re:"I'm just a guy trying to make a living." by Ivoch · · Score: 0

    Hmm, something went wrong here. I was replying to the GP who was saying the composer should get a real job if he wants to make a living, instead of trying to sell information. Or something like that

  68. I am doing my bit and you should to! by santax · · Score: 1

    Here the first bit to the mp3 format of the song Nothing Else Matters from Metallica: 1 Share it people. Nothing else matters. We will overcome! (first bit 1 also)

    1. Re:I am doing my bit and you should to! by gringer · · Score: 1

      Here the first bit to the mp3 format of the song Nothing Else Matters from Metallica: 1

      If it starts with the usual metadata, it probably begins with the string 'ID3', the hex values of which are 0x49 0x44 0x33. 49h is 01001001b, so the first bit is '0', not '1'.

      --
      Ask me about repetitive DNA
  69. Re:No. by Anonymous Coward · · Score: 0

    I'm sorry that you've been modded as Flamebait (Disagree). I agree with you...

  70. I stopped reading early by paiute · · Score: 2, Interesting

    When the girl wrote that she was an aspiring actress/singer who wanted his work but could not afford it, I thought he should have sent her a copy gratis, not snarked that if she wanted to see a Broadway show it is $140 or you don't get in.

    The link in my sig goes to a book for sale on Amazon. $20. If someone emails me and says they like the book but can't afford it, I will send them a pdf, no charge.

    At least until I am as famous as this guy who I never heard of before.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
    1. Re:I stopped reading early by quickgold192 · · Score: 2, Interesting

      He may have done that if he hadn't already been in the middle of making his point. He wanted her to understand that if you can't afford something, getting it for free isn't right. So if he gave it to her for free, she would be happy and say "oh yes, I see your point! Thank you friendly man!" but really nothing would have been accomplished. If she's going to accept the implications of doing what's right for the sake of doing what's right, she has to accept those implications while feeling all the nasty consequences that come with it.

      Of course, he slowly realizes that no matter how reasonable he is with her, she's already dead-set on maintaining her point of view. So he wraps up the conversation with some nice stories to make a point to us - the bystanding readers.

    2. Re:I stopped reading early by BoberFett · · Score: 2, Insightful

      Interesting. I quit reading when he said

      "the Thornton Wilder estate certainly deserves its share of the income"

      Really? His estate deserves income? Do I deserve income because my ancestor may have nailed a shoe to a horses foot?

      If you want to provide your ancestors with income, invest. Don't expect my grandchildren to pay your grandchildren just because you thought you were something special.

    3. Re:I stopped reading early by grumbel · · Score: 1

      He wanted her to understand that if you can't afford something, getting it for free isn't right.

      The problem with that is that he is wrong. There is absolutely nothing wrong with copying stuff when you can't afford it and most children will realize that quickly, as they are the ones who can't afford what they want. Copying only becomes a problem when people who have the money copy the works instead of buying it, since thats the point where money gets lost. Which of course might be the case here as the kid might not only trade with other pure kids, but also with people who could afford to buy it, but arguing that you should buy it even when you don't have money just doesn't make sense.

    4. Re:I stopped reading early by TFAFalcon · · Score: 1

      Another good question would be, why don't the estates of ALL authors deserve income from their works. If we're talking about a moral right then why should there be a difference between authors that worked in the last century and those that came before? If we insist that never ending copyright is something sacred then let's extend it to ALL works in history. I'm sure the estate of the author of the alphabet will be more then happy to start collecting royalties.

    5. Re:I stopped reading early by qnetter · · Score: 1

      You seem to be unable to differentiate between creation and labor.

    6. Re:I stopped reading early by HuguesT · · Score: 1

      Question: why is there not a kindle version of your book on Amazon ? I'd like to buy it but I do not want the paper edition. Is there any way I can get a (paid) electronic version ? Thanks.

    7. Re:I stopped reading early by BoberFett · · Score: 1

      And you're deluded enough to think there is a difference.

    8. Re:I stopped reading early by qnetter · · Score: 1

      Wouldn't you like to go back to the days when there wasn't?! You'd be in service to royalty, of course...

    9. Re:I stopped reading early by paiute · · Score: 1

      Question: why is there not a kindle version of your book on Amazon ? I'd like to buy it but I do not want the paper edition. Is there any way I can get a (paid) electronic version ? Thanks.

      I haven't figured out Amazon's Kindle requirements ye. In the meantime, email sascoggin@gmail.com with your reply address of choice and I'll see if the publisher will spring for a complimentary pdf.

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    10. Re:I stopped reading early by BoberFett · · Score: 1

      You're still in service to royalty thanks to infinite copyright.

    11. Re:I stopped reading early by qnetter · · Score: 1

      That sloganeering makes no sense at all. In service to owners of earlier works, perhaps -- which includes their actual authors, in many cases -- but I get to experience the use proceeds of my own work, rather than getting compensated only for the time I spend creating it as a day-laborer.

  71. no you don't by yyxx · · Score: 1

    As the entity "Slashdot" I hereby decree that the whole idea of "Professional Artist" is forever banned. You have been demoted to busker.

    Most "professional artists" make their living through teaching or performing; they need to buy tons of sheet music and other copyrighted materials to earn a living. Copyright is a net cost to them. Only a few stars actually manage to live just off of copyright-related revenues and not do anything else. In effect, copyright on sheet music ends up transferring money from a lot of artists with modest means to a few stars. It's far from clear that that's a good system.

    Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

    Perhaps those costs simply exceed the value that the end product has. That way, people are willing to listen/watch when the music/video is almost free, but they aren't willing to pay for it and they wouldn't consider it a great loss if the music/video hadn't been made in the first place. And some people even consider productions that involve large investments made in hopes of a large financial return to be generally bad, so that if elimination of copyright would discourage their creation, that would be a net gain for culture.

    See, the arguments and background is a lot more complicated than the simplistic mantra of "copyright helps creative people get paid".

  72. Copyright is dead. Move along. Nothing to see here by Anonymous Coward · · Score: 0

    Personal computers and residential Internet connections have put the final nail in the coffin of copyright. Ever since the player piano technology has been eroding the business models of the entertainment industry. Selling recordings, sheet music, etc is a dead model and creators should stop using it. Of course in this period of transition the folks getting the short end of the stick are freaking out, calling broke students criminals and lobbying our elected officials.

    It really sucks that he won't make a living selling sheet music in the near future but that's where we are as a culture. Do something else. I work in IT and my skills become worthless all time. No one wants to pay me to admin an NT4 box anymore. I spent a lot of time learning how to admin NT4 boxes. I don't think there should be regulation in place to prevent newer operating systems from being released so I can keep making money admining NT4 boxes. I learn new ones to keep my skills marketable.

    If the composer was losing his house because of copyright infringement I might feel sorry for him but I'm pretty sure he's doing OK with the other half of his income that isn't effected.

    Just another whiny buggy whip manufacturer.

  73. most professionals by yyxx · · Score: 1

    In fact, Bach's situation is still the rule, not the exception: most composers, musicians, and other creative people have teaching or performing jobs. That's not just financially prudent, it's arguably artistically a good thing. Composers that live only off revenue from their sheet music are a small minority. Furthermore, for most people, copyright-related expenses are a net loss because the money they have to spend for their day jobs far exceeds what they themselves may make in income through copyright.

  74. Re:simple math - agreed, too much by opencity · · Score: 1

    $3.99 is too much for a sheet. I say big pro composer guy should understand that. Maybe a couple of (IMHO) hack musicals shouldn't make him as much. They should make him something though.

    I'm a long time professional who has probably lost big publishing $ to file sharing but saw it coming 20 years ago so wasn't surprised. (and yes my music would probably not be on musical theater girls iPod)

    Times change. I still make a living in meat space - playing live - but there's a lot less work to go around.
    I also make $ coding, have had clients that said they didn't like it, didn't want to pay and then found my code live on their site. They knew enough to copy the html, css and javascript. It's digital so my labor was worth nothing. Small claims court? I didn't bother but I wonder how it would have played out.

    I wonder how all the people who scream that any IP restriction is EVIL feel when they work away at OSS and make very little money. Did they see it coming?

    Not that I'd advocate some DRM / IP technological scheme imposed by the state. It's not that you can't put the genie back in the bottle, there is no longer a bottle.

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
  75. A simple minded composer. by Anonymous Coward · · Score: 0

    After reading the composer's argument against sharing his sheet music, I have come to the conclusion that he is quite stupid (unfortunately I cannot phrase this any other way at the time that I'm writing this). During his discussion with the girl (Eleanor I believe), Mr. Brown states that his work is available for purchase through only one distributer (I have not investigated this further). This limits his market, and forces people to pay using credit card, or a credit gift card. For certain people such as myself, I would much rather pay cash (to not let a credit company get my money) and receive my product whether it be a CD, DVD, or paper.

    By forcing people to pay using credit of some form or another, he has effectively limited his market and given people an excuse to share his work.

    Instead of trying to crack down on the sharing, he should have instead asked the community how much they would be willing to pay for a copy of it (physical and digital). He could then contact multiple distributors such as Amazon, Barnes and Nobel, Borders, or actual music shops to hock his product.

    This can succeed, and has succeeded. Examples include the indie gamer pack, the unreal development kit, various NIN albums, and the list goes on...

    The file sharers are not to blame, its a deaf corporate america that is to blame.

    I post anonymously because I'm too lazy to make an account.

  76. Stealing vs. Cheating by internic · · Score: 5, Insightful

    While I'm somewhat sympathetic to this composer's viewpoint, like others here I cringed upon reading the bad analogies between copyright infringement and stealing physical objects. It's not surprising if the girl he was talking to didn't find them convincing, because they are fundamentally really bad analogies.

    However, reading this really crystallized for me how to express the nature of the error: when someone infringes on your copyright they're not stealing from you but they are cheating you. Copyright infringement doesn't fit neatly into the analogy to stealing, which is a convenient one because it's something everyone understands. Instead, copyright is a sort of social contract between society and creators, which says that we will respect an artificial scarcity on those creative products because we recognize the value in them and want to incentivize creativity (or you could look it as trying to internalize positive externalities). When someone infringes copyright he is violating that social contract, going back on the agreement and cheating the creator.

    Although I'm sure it's possible to think of a better analogy, one that comes to mind is if you built a sports stadium and convinced a vendor to spend a bunch of money to build and stock a hotdog stand, on the promise that those would be the only concessions available in the venue. Then the next week you started having free hotdog night, and consequently the vendor ends up loosing out on his investment. While that might not be a particularly moving analogy, I think people arguing against copyright infringement would be much more convincing if they stuck to some such analogy that had a sound connection to the actual problem. Analogies about screwdrivers and the like are never convincing because they are horrible analogies. I suppose a large part of the problem is that while property is a natural right that has been intuitively recognized for ages across many human societies, copyright is more of a pragmatic strategy that our society has adopted, which is not universal and is relatively recent (on the scale of human history); there is no reason to expect that copyright infringement should seem intuitively wrong. Indeed, the notion that spreading the wealth of information is wrong makes little sense if not considered in the context of the particular social contract we have established.

    The other half of the battle (at least among those who are aware of the issues) is that copyright, as a social contract, is a two-way street. While it was once a contract between the creators and the people at large that was limited, reasonable, and clearly mutually beneficial, copyright has grown and changed and is now the product of laws that are bought by corporate money with little input by (or, indeed, even knowledge of among) the public. In effect, first the artists broke their side of the deal (or, at least, the organizations purporting to represent them did), and now the people have ceased to honor their side. Each party feels wronged, and there is a lot of bad blood. It would seem to me that the best way forward would be new alliance between moderate, pragmatic groups on both sides that seeks to establish a new compact that will again be limited, reasonable, and one both parties can recognize as mutually beneficial. Unfortunately, I think the popular but fallacious of "intellectual property" only hinders this goal.

    --
    "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
    1. Re:Stealing vs. Cheating by PrecambrianRabbit · · Score: 1

      That's an awesome example, actually. I'm trying to think of another analogy... Maybe, hiring an electrician to come fix a problem, and then stiffing him on the bill for his time. That's not perfect either because composers aren't exactly billing us by the hour, but it's similar in spirit: trading something ephemeral (time or bits) for money.

    2. Re:Stealing vs. Cheating by DarthVain · · Score: 1

      I didn't read your whole post, but only like to add:

      Cheating makes the assumption that the rules you are playing by are fair to begin with. When left with the options of "Cheating" or "Stop playing the game", I don't think it is unrealistic to think that many will try and cheat the system they may feel is unfair.

      Those people that benefit from such as system and indeed make a living from it, may be inclined to believe and/or promote said system as being fair.

      Call me crazy, but if the rules that people had to follow made any kind of sense, or were reasonable, the whole thing would be a non-issue. However the system is entrenched, and they DO NOT want change regardless of what anyone else might think or want, and it is entirely reasonable for them to be of this opinion.

      When they finally brought the law into it I think it was inevitable that this would become a political issue. This is about what the industry wants to make money, versus a system many people believe has slanted a bit too far out of their favor and want a return to balance. AKA Lobbyists VS Citizens.

    3. Re:Stealing vs. Cheating by internic · · Score: 1

      My last paragraph addressed this point. I mean, I think it would be disingenuous to claim that most people who are file sharing are doing so out of some principled objection to copyright; however, I agree that copyright has gone rather out of control and that the current system no longer represents a consensual, mutually beneficial agreement. I think many content creators feel trapped by this system (and the middle men who perpetuate it) as much as content consumers. If one is trying to fight against the current copyright regime, file sharing is probably not an effective way to do it, and it's arguably not an ethical way to do it either. That fight should be happening by political organizing and, if necessary, perhaps civil disobedience (which means violating the rules publicly and bearing the consequences).

      If we go back to analogies, infringing someone's copyright because you feel that copyright law has gone awry is like refusing to tip your waiter because you believe that tipping is a bad system and people should just be paid straight wages. The argument may have some merit, but your unilateral non-participation is unlikely to do much other than just screw some person who individually has little control over that system.

      --
      "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
  77. Re:"I'm just a guy trying to make a living." by Anonymous Coward · · Score: 0

    Not sure I understood your point there...

  78. have a seat right over there by JeanBaptiste · · Score: 1

    Brown chronicles a lengthy exchange he had with a teenage girl named Brenna

  79. "label" not "lable" by Anonymous Coward · · Score: 0

    "label" not "lable"

  80. What is the difference ? by tickerz · · Score: 1

    Lets say that one goes to the library and either borrows a book with notes or actually copies the pages that one needs. You then go home and scan the pages and now you have the notes in your computer. What is the difference if one directly downloads the notes from the net or does a little work to obtain the same result ??? What is the difference between one ripping his/her own CDs compared to downloading the same songs from the net ? How come one of the actions is legal while the other action is illegal ? The result for the user is still the same.

    1. Re:What is the difference ? by grumbel · · Score: 1

      In many countries, Germany for example, you actually pay for the right to copy your own CDs or copy pages of a book, there is an extra tax on CD-R and photocopy machines to handle that. On the Internet there is so far no extra tax, thus copying is not allowed. This is of course not quite true in reality, as you pay extra for DVD-R for example, yet copying a DVD is still forbidden. And of course there are plenty of questionable things in how the collected money is later distributed back to the artists. But in the end, people have installed laws to handle the normal copying, while the Internet is still a grey area.

  81. Re:Proud To Be An American? by mwvdlee · · Score: 2, Insightful

    Many people actually tried doing that, but were forcibly stopped.

    Where would you find the land to start your own country? All land on earth is currently claimed by some existing country, and they won't sell it to anybody trying to make a new country.

    Not to say that I agree at all with the racist GP, but your counter argument is flawed too.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  82. Israel vs. Palestine by Weezul · · Score: 1

    This.

    You cannot claim the moral high ground once you've engaged steadily in immoral behavior, that includes you're leaders and agents.

    Gandhi and MLK took and held the moral high ground absolutely. IRA, ETA, Palestinians, etc. are always happy talking about peace when they think the peaceniks might help them, but then sacrifice any wider moral support by committing murder for internal political reasons. MLK helped insure his victory by rejecting people like Malcom X.

    In this case, Apple and Amazon took advantage of the chaos claiming for themselves an enormous slice of the pie analogous to brick and mortar retailers. Congrats morons, you just gave away all the financial gains that cutting costs through digital distributions brings.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    1. Re:Israel vs. Palestine by MistrBlank · · Score: 1

      I'm sorry, but Apple may be the bad guy to you, but they're only the bad guy because of the demands brought on by publishers.

      Lets face reality here, when you used to buy a single in the non-digital days on a cassette you were forced to only the actual singles that were released and I remember paying $6-8 for a copy (that degrades over time on magnetic media) of the song with one other b-side song (usually crap). Cassettes were often $12-14 and when CDs were introduced there were numerous attempts to pull prices up to $20.

      Today you pay $1-$1.30 for a single song, you can buy any of them off the album and you can get most albums for $10.

      And Apple has pushed less DRM on the music and to increase the quality since the store's inception. Even the single download is a music publisher restriction (a stupid one too) placed on Apple to allow Apple to distribute. Blame the MPAA and RIAA. These download restrictions do not exist on Apps and Books served from the iTunes store.

  83. What right? by Anonymous Coward · · Score: 0

    Our rights are clearly enumerated in the constitution. Outside that is just agreements. It could change depending on the opinion of the majority. Good for you those who will die for your copyrights that you are in the majority. Having said that, one gripe I have for those who are fervently against copyright is why do you even give a shit to these contemporary garbage when there is an unlimited source of inspiration that is classics. If I wanted a good piano sonata, I'd download a free recording of Rachmaninov instead of this third-rate composer that is JRB. Why? seriously. Last time I checked, Mozart was not living in a multi-million dollar beach house living off his "creations", which according to JRB's argument should've produced gazillion times more income than what JRB gets paid for this garbage.

  84. Re:Customer-determined Value by Anonymous Coward · · Score: 0

    Admittedly, I started skimming about eight paragraphs in or so, but I didn't see any point where JRB asks her (or any of the contactees, for that matter) what she thinks his sheet music is worth. Is it $4 because "that's the going rate" from the old skool supply-controlled market, or what? It seems to me that he isn't trying to just sell his music, he's selling the music at *his* price. This is so atypical of the media market in general, it has squat to do with a demand-based, free market. The mentality that a supply-controlled market is needed is so misguided; it is probably the single least desirable thing the general economy needs right now.
        And, really...how futile is arguing with a penniless teenager about a transaction that was never going to happen anyway? I suggest if JRB wants exclusivity, he needs to foster a small group of well-heeled patrons, looking to profit on his work - he can write for them, they can maintain the lifestyle he demands of them, and they can play the music through live orchestras, in their own controlled environments. If citizens were to start insisting that if media producers have to provide their own environment, to take in the content, then I suspect most people (on both sides) affected by filesharing would meet at a common ground without loosing their individual rights. I mean, wow, all this shit over a minor luxury as trivial as digital media?

  85. You are misinformed by Rix · · Score: 1

    Libraries buy at the same price as everyone else (or lower, due to volume). We all have the right to lend things out under the first sale doctrine.

    Further, libraries keep and maintain photocopiers expressly for the purposes of making copies from the books they lend.

    Are you really under the impression people are expected to return their photocopies?

  86. Re:"I'm just a guy trying to make a living." by Anonymous Coward · · Score: 0

    The product is the viewership. You aren't the customer -- Advertisers are the customer.

  87. Re:No. by ksandom · · Score: 1

    wow

    --
    Funnyhacks - Wierd, unusual, and fun hacks
  88. There are examples that cannot be copyrighted by Paxinum · · Score: 1

    As a mathematican, I know that none of my work can be copyrighted. Proofs are discovered, not invented. Which is great! Copyright is not required for a field to survive.

  89. Many think your view is wrong.... by NotQuiteReal · · Score: 5, Insightful

    Things are getting muddled a bit here. Perhaps there is no "right" to "copy", but don't toss the whole idea of "certain unalienable rights". The idea of those rights, and founding a government based on protecting those rights (and not granting them) seemed to work well for quite a while...

    Simply dismissing "innate/natural rights" [as] the realm of philosophy and theology... may sound good to you, but when you think that way you come up with thoughts like A right is an agreement among society and Rights are established by governments...

    Which leads to where it would be OK if society and government start taking away your "theoretical rights". Some cultures suck. The trick is to maintain a culture that only metes out punishment fit for a crime, lest it become one of the cultures that suck too.

    --
    This issue is a bit more complicated than you think.
    1. Re:Many think your view is wrong.... by White+Flame · · Score: 1, Insightful

      We have rights because the founders settled on a shared opinion of their view on how a union would work best.

      I never said anything about it being "OK" if rights were removed, but these are the processes by which rights are declared, enforced, and revoked.

      The "certain unalienable rights" were the opinions and beliefs of the founding fathers, nothing more, nothing less, peers to any other view of rights that anybody here has; those particular beliefs, however, were codified into American law. Other cultures & countries have completely different ideas of what the natural rights of humans are; the American view is not some universal truth about the morality of human society, but that which we prefer and view as beneficial to our ideals.

      All rights start off as philosophy, theology, and idealism, and may be agreed upon and codified into legal rights. However, it's only the legal rights (not the "moral" or other arbitrary "rights") that people may claim in terms of legality of action, which is the subject at hand. Unless that codification and authoritative sanctioning has happened, any other rights you might claim or believe in are impotent.

    2. Re:Many think your view is wrong.... by Rich0 · · Score: 1

      Unless that codification and authoritative sanctioning has happened, any other rights you might claim or believe in are impotent.

      Not if he can do it without getting caught, or can effectively resist the enforcement of the law. Granted, the latter is very difficult in most modern societies, but the former is quite practical.

      People are morally bound to do what is morally right - not necessarily what is legally right. Of course, there can be consequences for getting caught doing things that are legally wrong. However, there are no personal consequences at all for not getting caught doing something that is merely legally wrong.

    3. Re:Many think your view is wrong.... by Hognoxious · · Score: 3, Insightful

      The "certain unalienable rights" were the opinions and beliefs of the founding fathers, nothing more, nothing less

      You have to admit, though, that sticking in that bit about "We hold these truths to be self evident" was the best marketing move ever.

      Other cultures & countries have completely different ideas of what the natural rights of humans are; the American view is not some universal truth about the morality of human society, but that which we prefer and view as beneficial to our ideals.

      Indeed. If those rights really were laws of nature as some claim then it seems strange that through the majority of known history the majority of people have not had them.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    4. Re:Many think your view is wrong.... by nametaken · · Score: 1

      I don't know, it seems to me like many people have clearly thought they should be entitled to life and liberty, at least. Do we not have rules against murder throughout history? I'd just guess that greed has a long history of f'ing things up for everyone.

      Either way, I think it's easier to say these ideas are easily arrived at through reason, and have clear exceptions. For example your pursuit of happiness shouldn't be more important than my life, and if you violate it we might suspend your right to liberty.

      Anyway, we can wax philosophical but most of us agree that they're a good idea and the Declaration suggests that government is created by, and derives it power from, "the governed". Obviously it comes from the (perhaps overblown) notion that their previous government didn't answer to the people it governed. It suggests that government should respect our "unalienable rights" and act such that we can best pursue "Safety and Happiness".

      And it seems to me like a good context with which to kick off a new, independent state... even today.

    5. Re:Many think your view is wrong.... by Anonymous Coward · · Score: 0

      just reading what youve concluded so far, that punishments should fit the crime, this really does make sense. im not familiar enough with the american system, but perhaps if this is not already codified, or even if it is, perhaps it needs further mechanism to ensure that enough people in society are involved in ensuring that the 'punishment fit the crime'.

      when I read what you had concluded I imagined something like requiring that many many people constantly, experience (in the case where no significant harm is done to the innocent), or at least be brought in contact with the punished. so as to ensure that they empathize with the punished. I realise that many people treat the prision/jail system as a way as banishing people from society, but this is rarely the case, people are not permanently banished. The way the system is overloaded in many countries people are released soon, and for other crimes it is almost certainly reasonable that they be released soon. I feel we need to build reintegration directly into all punishment, or perhaps almost all, except perhaps for those places where people would be executed. This might be claimed to be done in a token manner but the way I imagine, ordinary people should be brought into the process. Surely there are many complications, ordinary people might not want to deal with the idea of punishment, and for now this is an idealised suggestion.

  90. GPL by heffrey · · Score: 1

    Could somebody explain how to rationalise that copyright infringement is OK for music and films but heinous when it's a GPL infringement. I'd just like to know how to reasonably maintain both seemingly contradictory positions. Thanks.

    1. Re:GPL by grumbel · · Score: 1

      The GPL is about sharing, so is copyright infringement. GPL violations on the other side are about the exact opposite, keeping things to yourself. There simply is no contradiction.

    2. Re:GPL by bryonak · · Score: 1

      While there are zealots on both sides, you're applying way too broad a brush.

      Most people who stand against GPL violations are going out of their way to distinguish between copyright infringement and theft.
      Most people who are actually bashing the composer here are doing so because he treats copyright infringement as theft.

      Those who fight GPL violations know that it only works because copyright works.
      They also know that if copyright didn't work (as in, there is none), the GPL wouldn't be needed as it's goals would have been accomplished (free sharing, etc). Because if you can take my creations and embed it into yours, not giving credit back, then I can do the same with yours :)

      After all, it's currently illegal to violate copyright law (copying restricted music sheets or proprietarising GPL'd code), but the question our generation faces is: to which degree it's immoral?
      You have to accept that there are many people who view the current copyright law as an abomination. And in democracy, law follows the people's morale.

    3. Re:GPL by heffrey · · Score: 1

      Yeah, keep telling yourself this if it helps you sleep at night!!

    4. Re:GPL by UglyMike · · Score: 1

      The standalone, blanket statement that copyright infringement is OK for music and films paints things a bit too black & white, I'm afraid.
      I'm sure the majority here will indeed have no issue with the infringement of an incredibly one-sided copyright regime as long as it is for personnal use.
      I'm equally sure most of us WOULD see an issue if this were done for commercial/for profit reasons (Selling Bootleg DVDs & CD's or cracked SW out of the boot of one's car at one end, bulk duplication of DVD masters by organized criminal gangs with webshops or even complicit retail outlets at the other end)
      To infringe GPL on the other hand, one has to go quite a bit further than downloading it for personal use. Coorporations/people are free to download it and use it. They can even hack the hell out of it and use it througout their organisation. No infringement there....
      The issue only arrises when a CHANGED copy of a GPLed SW is offered for sale with the changes NOT being available (even a small fee for processing and postage would still render it OK)
      So the reason for these seemingly contradictory positions is simply that both 'infringements' are of a different level.

    5. Re:GPL by Ltap · · Score: 1

      That is because the GPL (and copyleft) are the first step to copyright reform and a less restrictive copyright system (see: ASCAP's attacks on copyleft being too permissive), so people are encouraged to GPL their works.

      As well, much of the point of GPL is attribution and credit, similar to CC-BY. In fact, it is fairly similar to CC-BY-SA (Creative Commons Attribution Share-Alike), growing virally. When people break copyright by sharing a copyrighted work, attribution is still intact, meaning that the only right being taken away from the artist is the right to decide who to license their works to and how much to charge (something that the GPL pretty much precludes, since anyone can share it as long as they fulfil the conditions).

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    6. Re:GPL by king+neckbeard · · Score: 1

      GPL infringement is virtually always industrial, while most people are concerned with allowance for personal, non-commercial sharing of copyrighted works. Basically, they want a more limited scope of copyright.

      --
      This is my signature. There are many like it, but this one is mine.
    7. Re:GPL by tkrotchko · · Score: 1

      "If a person X writes a piece of code and licenses it under the GPL, it's X' decision. If I take that code and embed it in my own code, not giving credits to X nor open my own code, "

      You're absolutely right.

      That said, both positions when taken to extremes are absurd.

      If I download a piece of GPL code and tweak it so it does something very very useful to me and my friend and I give it to my friend, but don't give him (or anyone else) the new source code, I've broken the GPL agreement. But so what? Same way if I buy a CD and make a copy for my wife, that may break a copyright, but....so what?

      If I'm the composer in question, I want to lock down my sheet music. Hell, I may want the sheet music designed in such a way that every time you play from my sheet music, you have to pay me. Why not? I probably worked hard to compose it, sell it, and convince some publisher to print it and sell it and pay me royalties. I'd love to have an annuity like that!

      I don't think we can get around the fact that the ability to make easy copies of songs, films, computer code and yes, sheet music diminishes their individual values can be debated. It simply does. We may all think that it's not fair, that it's stealing, but....that's reality. Deal with it. The question we have to answer is from a collective standpoint does it lead to more benefit to society. Do we have more creative works now than 50 years ago? If the economic value of each individual work is falling but yet there are more works being created, then *that's a good thing*.

      Personally, I would cut back on copyright terms, enforce a sane law and let these companies, composers and creators deal with the economic forces that will drive the value of their works to a point that customers are willing to spend. Life will go on for everyone.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
  91. Re:No. by glavenoid · · Score: 1

    You're a leech and a "soul sucking jerk" plain and simple. Don't even bother to try to hide this fact. You can try to justify your leeching to yourself, but spare us the bother. We've seen it all before.

    --
    I, for one, am looking forward to the inevitable /. beta rollout fallout.
  92. Looks like you are wrong already by S3D · · Score: 4, Interesting

    Wolfram Research claimed copyright on the proof of the Turing completeness of the "Rule 110" cellular automaton. It obtained a court order excluding author paper from the published conference proceedings.

  93. My Sweet Lord and Sonny Bono by tepples · · Score: 1

    The term "inalienable right" was coined in the 1600s.

    And the term "copyright" was coined in the early 1700s.

    Copyright law allows the spread of new ideas, but does not allow the unauthorized replication of old ideas.

    Then how does an author distinguish a new idea from an old idea*? What, for example, could George Harrison have done to avoid copying part of that other song into "My Sweet Lord"?

    copyrights expire

    No, copyrights used to expire. Some interpretations of Eldred v. Ashcroft imply an unrestricted power of Congress to keep extending the term of subsisting copyrights 20 years at a time.

    * Technically, "expression".

  94. She's right though... by quickgold192 · · Score: 1

    He is a bit of a jerk.

  95. Better examples by Anonymous Coward · · Score: 0

    Should have used the example where her friend "borrowed" the shoes she had to persuade her parents to buy or her kid sister "borrowed" her favourite lipstick to prettify the hamster.

  96. Senseless tautology is senseless tautology by tepples · · Score: 1

    Copyright is copyright.

    Fair use is fair use. Rent-seeking amendments to copyright are rent-seeking amendments to copyright. Senseless tautology is senseless tautology.

  97. Child labor by tepples · · Score: 1

    If I like a song, I listen to it, learn the lyrics and the music, and figure out how to play it in a way that I'll remember it.

    Then good luck figuring out chords like the Dm7add11 that opens "A Hard Day's Night". That eluded even the experts for a while.

    she could also get a frickin' job.

    Can't. If you can't get a credit card due to age, child labor law restricts your job prospects.

    Or go to the music department at her school for assistance.

    Not only is it underfunded, but it's also probably taxpayer-funded, which offends some of the libertarian-leaning people around here.

  98. Burnable. by Anonymous Coward · · Score: 0

    Whether copyright law still benefits society is a debatable point.

    Let's find out. Burn your computer.

  99. possible combinations of notes by tepples · · Score: 1

    possible combinations of notes

    I worked this out back when I was using my old /. account from my college days.

    Then we have variations of song length, timing, down/up tuning, major/minor/seventh/ninth and tempo.

    Which a judge is likely to ignore. Songs need not be identical; they need only be "substantially similar".

    1. Re:possible combinations of notes by mjwx · · Score: 1

      Then we have variations of song length, timing, down/up tuning, major/minor/seventh/ninth and tempo.

      Which a judge is likely to ignore. Songs need not be identical; they need only be "substantially similar".

      Only a tone-deaf retard could call a song played in a different key, to a different tempo with clean major chords swapped out for heavily distorted power (fifth) chords "substantially similar". But your point stands as US Judges and Lawmakers often fit this description.

      For the most part, this would be called "derivative" and happens a lot in music. Quite a few Megadeth and Metalica songs are similar, classical music (Mozart, Beethoven) gets ripped off all the time, the guy who invented "1+2+3+4+" should be a millionaire.

      Copyrighting sheet music is as pointless as copyrighting blocks of code as anyone with enough skill can figure out what the code is by seeing what it does (same with a guitarist listening to riffs).

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  100. Just popping in to say by Anonymous Coward · · Score: 0

    Jason Robert Brown is a douchebag. Never heard of any of his work before, and I'm certainly not interested in it now.

  101. 15 Years - is it enough? or too much? by robbak · · Score: 5, Insightful

    I would argue that, if a work still has value and currency after 15 years, then it is an important piece of cultural property that _Desperately_ needs to be in the public domain.

    --
    Prediction for end of Universe #42: Fencepost error in Quantum_bogosort.cpp
  102. It's not your call, it's that simple. by Otis_INF · · Score: 0, Troll

    You are not the one who makes the decision how a creator of a work should distribute that work, unless YOU created that work. Take GPL-ed software. That's IP, if you want it or not. Why? Because that's what the law says.

    If I take a GPL-ed piece of software and embed it in my proprietary piece of software and sell it, slashdot and the rest of the open source world would be up in arms, like they have been in the past. That's exactly the same thing as what this composer did.

    I.o.w.: it's exactly the same as with the GPL: a work created by a person has distribution rights, and the owner of the work decides which ones, no-one else. Don't like it? Don't use the work. It's that simple. Same with GPL-ed software.

    Furthermore, this isn't about some RIAA douchebag bullying some teen. This is about some composer who rightfully wants freeloaders to pay for his work, the same as what a software engineer who wrote a piece of GPL licensed code wants: s/he licensed it as gpl-ed code so users of it in other pieces of code have to follow the rules: it's not their code, they have to follow the rules what the OWNER of the code has stated.

    The 'brenna' person is really not that bright. The claim that people can't afford expensive sheet music and really need it because they otherwise will never have a chance in the profession they've chosen is utterly lame. Not only does the composer show that the sheetmusic costs 4$ (which is on par with a starbucks latte in some cities) but what does this brenna person tell the cashier at the local grocery store? "Please give me this food for free, I can't otherwise make a living in this tough profession"? I don't think so.

    --
    Never underestimate the relief of true separation of Religion and State.
  103. Re:"I'm just a guy trying to make a living." by Anonymous Coward · · Score: 0

    They took our jarbs.

  104. Try this straw man on for size... by Stoutlimb · · Score: 1

    Imagine a device that copies physical objects perfectly, at negligible costs. In JRB's world, people with this technology would still be poor and hungry. The truth is that he is an old man rowing against the tide of history.

    1. Re:Try this straw man on for size... by grumbel · · Score: 1

      The truth is that he is an old man rowing against the tide of history.

      That might be true, but its perfectly understandable given that he is making his living that way. Also it is not like that we have come up with a brilliant working way to finance freely distributable stuff. Most people that create freely distributable things make no money at all. So if the choice is between being an old man rowing against the tide of history, but making money, or being a modern hipster who doesn't, its not that hard to pick a side.

      And no, a random counter example of a successful person that distributes their content for free doesn't counter this point, as thats just the exception to the rule. Wake me when the Free Software/Open Content world makes money that gets anywhere near what the "old" content industries is making.

  105. GPL by Otis_INF · · Score: 3, Insightful

    It's shocking how much people here bash this composer, as this is a site which always has taken the stance against GPL violation.

    If a person X writes a piece of code and licenses it under the GPL, it's X' decision. If I take that code and embed it in my own code, not giving credits to X nor open my own code, I thus 'stole' X' work. It's the same thing as with this sheetmusic: the composer asks money for his work, that's HIS choice, not anybody's elses. If someone else wants to use / have the sheetmusic, that person has to pay: obey the rules the creator of the work has stated.

    It's strange that on a site where every GPL violation is big news and a lot of people show their support for the GPL etc. etc. it's apparently 'ok' to violate the rules some composer has stated for HIS work. It's not YOUR work, it's HIS work. Don't want to pay? don't download it.

    --
    Never underestimate the relief of true separation of Religion and State.
  106. Examples from case law by tepples · · Score: 1

    Only a tone-deaf retard could call a song played in a different key, to a different tempo with clean major chords swapped out for heavily distorted power (fifth) chords "substantially similar".

    The idea of disregarding the key, tempo, and what instrument something is played on is that changes to these are mechanical, in theory requiring much less creative effort than changes to a melody. See a collection of case law, especially the distressing Bright Tunes Music v. Harrisongs Music .

    classical music (Mozart, Beethoven) gets ripped off all the time

    Pre-1923 music gets ripped off because it lacks the special legal status afforded to music first published after that cutoff. Anything published before 1923 is in the public domain; anything published later is under perpetual copyright on Sonny Bono's installment plan.

    Copyrighting sheet music is as pointless as copyrighting blocks of code

    Case law in music and case law in computer programs differ. Because code has a useful function, short blocks of code have a thin copyright. CA v. Altai is the seminal case here.

  107. Sorry? by Otis_INF · · Score: 4, Insightful

    I write software for a living. I have worked for 2 years full time on a new version and I sell that version for money. I can do so because copyright law exists: I _own_ the work I created.

    I therefore fail to see why this is a bad thing. Who are you to say what *I* should do with the software I worked on for over 2 years full time? (mind you: I payed my bills from my own pocket) Copyright is a right given to people who create stuff to make THEM decide what they do with it, instead of the people who want to USE it. You for example are not in charge what should happen with my work, I am. And I think that's fair, as I wrote it, spend all my time on it and payed for it from my own pocket, you didn't do a thing for it, so why should you be entitled to use it freely? How am I then going to pay the bills?

    --
    Never underestimate the relief of true separation of Religion and State.
    1. Re:Sorry? by delinear · · Score: 3, Insightful

      Who are we? When you say "Copyright is a right given to people", WE are the ones who give that right. We are society, and we are legion. When society agrees that there should be copyright, you get copyright. It seems more and more of society no longer agree, and those of us who don't (or at least believe it should be a much shorter term) are starting to voice that opinion - most of what we see at the moment are the final railings of a bunch of industries that desperately need a new business model. Of course, as part of society you are entitled to voice your dissenting opinion, but as a developer relying on copyright (and there are other models than first sale - subscription or OSS and paid support for instance) you have no right to tell us not to voice our opinions. What you are doing is called biting the hand that feeds for a reason, bite long enough or hard enough and society might decide it doesn't want to feed you anymore.

    2. Re:Sorry? by Overzeetop · · Score: 1

      *Devil's Advocate mode on*

      You, and most musical composers and other artists, are engaging in a speculative work.

      Should you wish to "pay the bills," you may wish to engage in a "work for hire" where you receive a specification (regardless of how tight or loose) from someone who needs a program to perform a particular action. You negotiate a fee, and they pay you for the work, either as a lump sum or in time and materials fashion. Much art was produced this way for centuries (heck, millenia) without copyright law.

      There are ways to pay the bills without resorting to speculation; your method of sustenance is your choice (though it may be so for may good reasons).

      --
      Is it just my observation, or are there way too many stupid people in the world?
    3. Re:Sorry? by Roger+W+Moore · · Score: 1

      Who are you to say what *I* should do with the software I worked on for over 2 years full time?

      In what way has anything I said told you what you can do with your software? Copyright law is about saying what others can do with your software once you sell, or give, them a copy. So to turn it around who are you to say what I should do with property that I have legally purchased?

      You for example are not in charge what should happen with my work, I am. And I think that's fair, as I wrote it, spend all my time on it and payed for it from my own pocket

      Yes but if I buy a copy from you I can make exactly the same argument: I bought it, its mine and I paid for it from my own pocket.

      How am I then going to pay the bills?

      That is the one good thing which copyright does do - it lets people like you make money from being creative. Unfortunately that good has to be set against the invasion of privacy, loss of fair-use rights, legal bullying, suppression of competition etc. which big businesses also use copyright for. Hence my point that whether copyright in its current form is still a net benefit to society is debatable.

      Abolishing copyright would be an extreme position to take but what about reforming it? For example a copyright term of 10 or 20 years would still let you make money from your program as would codifying fair use rights and making DRM which violates them illegal. Even if copyright were abolished you can still make money - several big corporations make money from Open Source software that, while copyrighted, is free to copy. Even with your current business model perhaps you could make money selling support rather than the program itself?

      I should be clear that my original post was not meant to advocate abolishing copyright. While I am not convinced that, in its current form, it is a net benefit to society it seems to me that the more sensible approach to take is to reform it into something which is.

    4. Re:Sorry? by Anonymous Coward · · Score: 0

      Do think your software will still be selling like hot cakes in 28 years time?

  108. Re:"I'm just a guy trying to make a living." by Maeslin · · Score: 3, Insightful

    You do realize he's a COMPOSER, not a PERFORMER? The whole "go perform your music and be paid for it" thing doesn't quite work here.

  109. Two wrongs don't make a right, but... by Tsu-na-mi · · Score: 1

    Over the years, I have bought many CDs (tho not in the past 10 years), DVDs (tho not in the past 3 years), and other entertainment media. At the moment I do not. Part of the reason is lack of income. The rest is this:

    Entertainment IP owners have bought legislation through their lobbyists, campaign donations, and other means to extend copyright from it's originally-intended 14 years to ridiculous levels. Productions were originally meant to become part of the public domain after that time, and instead every time the first Mickey Mouse cartoons threaten to become public domain, Disney lobbies congress to extend all copyrights another 20 years. So while I agree that copyrights grant legal ownership of IP, I believe the companies do not deserve those extended protections, so MORLALLY I feel no guilt in "stealing" their work.

    I also do not like how the media companies like to play both sides of the object/license debate, favoring whichever suits them at the time. Sometimes your music/movie is an object -- if you want it on a different medium, or damage your copy, or something else, you must pay to replace it. Other times, it's a license -- you may not "perform" (play) it in a public / commercial setting, you cannot sell your CD to a record store for resale because it's a "license" not an object, etc.

    Further, there has been ample evidence of industry collusion, price fixing, price gouging and other unfair business practices among the record companies, which makes me even less inclined to want to support them. And again, rather than penalize them, when they are caught, our (paid off by campaign contributions and promises of future BoD positions) government representatives see fit to "settle" with a voucher program instead of demanding fines or payment checks.

    These reasons, and the fact that I just don't listen to music like I used to when I was younger all contribute ot the fact that I do not buy any music anymore. And I don't feel any moral obligation to pay for it on the rare occasions I do download a song. I know technically I should pay for it, and recognize it's the right thing to do, but I feel that the owners of this media have done so much to screw me that I feel it's only proper I return the favor.

    --
    I've built up so much character I have an alter-ego
  110. What, exactly... by Rix · · Score: 3, Insightful

    Do you think all those photocopiers in libraries are for?

    1. Re:What, exactly... by Eskarel · · Score: 1

      Some copying is permitted by fair use, copying the entire work is not. However, libraries are generally public buildings and so are immune from the ludicrous requirements to proactively enforce other peoples copyrights so they generally don't do anything if you violate those rights.

  111. Re:Looks like you are wrong already by Paxinum · · Score: 1

    Word for word copying is of course protected, but proofs themselves; results, are not. Noone cannot copyright a new for example, if I were to prove Rule 110 Turing completeness, then I can publish the result. The same is not true for music; listening to a song written by someone else, and then playing it on my own instrument is in some cases illegal if I play it for others, or put it on youtube.

  112. Go on Tour, Be a Star, If you want to make Money ! by Anonymous Coward · · Score: 0

    If you make it so I can get it foe free, by golly I will. You think I'm stupid and throw away money when I get it for free? You are HIGGGHHH!!!! If an armor truck full of money crashes and all the money flies out, what are YOU going to do? Same thing with downloads. If the driver (YOU) is stupid enough to crash (get it on the internet) don't blame me for picking up what's to be picked up.

    Go on the road. If you are any good they will pay to see you. If not then you aren't that good so don't tread on me!!!

  113. Well by ledow · · Score: 1

    I don't agree with his argument (again, bringing up permanent deprivation of a property when music, sheet music especially, is more of a "license" to play - at least that's what the record companies tell us), but he is *technically* correct that she shouldn't be doing it. However, I find his treatment of a "teenager" obnoxious. He says himself that she's articulate, argues well etc. but for some reason just HAS to insert the "You're only a teenager, I know better" crap into the conversation, and even attacks her spelling/grammar in an email. At first, I was sort-of understanding his side, but by about the third/fourth reply he just starting being the jerk that she accused him of.

    Take her response as that of an atypically understanding teenager / consumer of music. She's being quite reasonable at places, quite unreasonable in others, but the overall majority opinion is: your copyright and your way of licensing your music is getting in her way of paying tribute to an artist she adores. Amplify this by the number of people you *didn't* contact (or who only stopped listing your sheet music because they were scared you'd sue the hell out of them). She recognises your genius and wishes to include herself in a small part of that. If you were to have offered, say, a copy of the sheet music posted direct to her in exchange for, say, the dollar price you quoted plus a little for postage, but let her pay in cash posted to you in an envelope, she'd probably have jumped at the chance. Why couldn't you have done that, as a "special" favour... you would have earned your money on that sheet music (chances of you earning anything from library-exchanges after their initial purchase are about zero), you would have satisfied a fan AND you could have done something really nice like sign it with a little anti-sharing note so that she would always have a personalised reminder of why she shouldn't arbitrarily share such things. The library thing is also a bit ridiculous in this day and age - I can name several libraries in my area that have no idea how to order a book they haven't got, let alone sheet-music, even though they are all part of the same borough library-exchange software system. It's quicker to go online onto, say, a trading site and get some sheet music from someone who already has it.

    She is *wrong*. She *does* want something for nothing. But you know, in the old days, people sometimes gave the small people that. And, sometimes, people recognise that something they wrote 10, 20, 50 years ago is not going to sustain themselves forever.

    The problem I would have with his stance (and I have no interest in copyright-breaches of any nature) is that small theatre productions of his work, especially those performed by teenagers, probably form 0.01% of his revenue stream - and yet he enforces them heavily, discourages use of his own works, provides meaningless and irrelevant copyright analogies and, at the end of the day, is holding a stance that makes *him* appear the enemy to his biggest fans, even if he's not the enemy personally. As someone who's tried to understand copyright licensing for hymns to sign in a school assembly, I know this is an industry-wide problem. Every time their forms dropped on my desk, I felt like I was being interrogated.

    It's bad business, if nothing else. If he'd sent her a copy of the sheet music (costing him only a handful of dollars, which judging by his About Me page probably wouldn't be missed), but attached a proviso that at the beginning/end of her performance she was required to drop in an ad for his work (either along the lines of "there are CD's from the composer of one of the show's songs at the back" or "With many, many grateful thanks to the composer Jason Robert Brown for granting us special dispensation to arrange this performance") and he would not have alienated more of his fans than necessary. To be honest, I'm not saying the girl even deserves it, but there was a time when a fan was a fan and you did everything you could to help/encourage that into

  114. buzted by Anonymous Coward · · Score: 0

    I just realized that downloading music is kind of like going to the library. PS - most young musicians pirate music (even professionals). I think this argument is mostly an age thing (though trent reznor is getting kind of old).

    PSS this guy's music sucks anyway, maybe he was just writing to make money.

  115. Or she can go to the music library by SgtChaireBourne · · Score: 1

    Or she can just go to the music school's library and either check out a copy or legally make her own photostatic copy.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  116. Sing along with me... by Qubit · · Score: 1

    JRB writes:

    "Listen, Eleanor, I'm frustrated on your behalf. It really sucks to be a teenager. I'm not being sarcastic or ironic, I really get it. I wrote a whole show about it. But being able to steal something doesn't mean you should."

    As much as I want to believe him, I sense a bit of a problem here. I mean, first of all, who says "I get it" to a teenager? Unless you're an actual teen, or 20 years old and 1 month, or have a glandular condition and are some kind of perpetual-teenager, or share something special with the particular teen (e.g. both of you have had an arm bitten off by a shark or a RIAA lawyer), you don't say that to teens.

    And second: He's paid lots of money to make good stories up.

    So whenever I heard something like "Listen, Eleanor...It really sucks to be a teenager... I really get it," I feel like I'm being whisked away on a puff of air to the bright lights of Broadway where I hear him singing:

    Listen, Eleanor,
    I'm frustrated on your behalf.
    I know the sound of popular girls
    right behind your back, you can hear them laugh.

    It really sucks to be a teenager.
    I'm not being sarcastic or ironic, I really get it.
    It really sucks to be young and confused
    but whatever they say, just forget it -- don't sweat it.

    I wrote a whole show...
    about it,
    Eleanor.
    Tell the ticket-buying teens anything
    to keep streaming through that theater door,

    Please remember, Ellie,
    that just "because you can,"
    is probably the sorriest, darnedest, worse excuse
    in the entire history of man.

    Don't forget this simple playwright,
    with a soft heart, not one of wood.
    But being able to steal something
    doesn't mean you should.

    'Cause being able to steal something
    doesn't meaaaaaaaan.
    Youuuuuuuu
    Shouuuuuuuuuuuuld!

    ....hmmm... now I'm kind of tempted to make a song out of that.

    --

    coding is life /* the rest is */
  117. JRB: Please show your support for Fair Use by Qubit · · Score: 1

    Here's a brief excerpt from JRB's blog:

    I bought a fantastic new CD by my friend Michael Lowenstern. I then ripped that CD on to my hard drive so I can listen to it on my iPod in my car. Well, that's not FAIR, right? I should have to buy two copies?

    No. There is in fact a part of the copyright law that allows exactly this; it's called the doctrine of fair use. If you've purchased or otherwise legally obtained a piece of copyrighted material and you want to make a copy of it for your own use, that's perfectly legal and allowed. Your friend Wikipedia has some useful thoughts about "fair use" and "fair dealing", in case you want to read further. Here's the beginning of the relevant section:

    I think it's great that JRB supports this view, and I'm really hopeful that more content creators like JRB will take a stronger stand to defend a consumer's Fair-Use rights to time- and context-shift their legally-purchased copies of copyrighted art.

    While content consumers can "vote with their wallet" to try to encourage producers and publishers to get rid of DRM on songs, videos, and eBooks, I believe that artists such as JRB can be a very welcome ally in helping the consumers to get rid of DRM.

    Think about it: If JRB says that he's not going to put his audio work on CDs or DVDs unless they are DRM and region-code free, then he enables his customers to actually transcode the content. Until then, his customers may not be able to exercise their Fair Use rights per the DMCA.

    --

    coding is life /* the rest is */
  118. Donations is the only way forward by ChocNut · · Score: 1

    Capitalism is dead. We have new tech and racial equality. Its time to rely on human decency as there is no longer a lock-in mechanism for copyright protection. People will create artistic works for free. We just need to educate them to share with each other. Donations will work for now - but long term we're going to have to rethink economics and human value sharing.

  119. You share it you lose it by Anonymous Coward · · Score: 0

    As an experiment, composer Jason Robert Brown logged onto a site illegally offering his sheet music for download and contacted hundreds of users politely asking them to stop listing the material.

    I applaud Jason Robert Brown for offering his sheet music for download, even though he still logged on to the site illegally.

  120. Re:Looks like you are wrong already by Anonymous Coward · · Score: 0

    That link states that the court order was based on an alleged NDA violation (nondisclosure agreement) which is either contract law or employment law; nothing to do with copyright law.

  121. Do you really believe that information is free? by wall0159 · · Score: 1

    Are ideas not property? If you really think that, then why is it not ok for a programmer at a company to take all that company's code and sell it to a competitor? The first company is not being deprived of anything, right?

    Imagine the consequences for the coders-for-hire on /. if this were really the case!
    (hint: they wouldn't be better-off!)

  122. Re:Looks like you are wrong already by Anonymous Coward · · Score: 0

    Wolfram Research [wikipedia.org] claimed copyright on the proof of the Turing completeness of the "Rule 110" cellular automaton [wikipedia.org]. It obtained a court order excluding author paper from the published conference proceedings.

    Well! From your second link there:

    Matthew Cook presented his proof of the universality of Rule 110 at a Santa Fe Institute conference, held before the publication of NKS. Wolfram Research claimed that this presentation violated Cook's nondisclosure agreement with his employer, and obtained a court order excluding Cook's paper from the published conference proceedings.

    Assertion of NDA violation != assertion of the proof being copyrighted. In fact, Wikipedia specifically says:

    The character of Cook's proof differs considerably from the discussion of Rule 110 in NKS.

    So it's pretty obvious you haven't got the faintest clue what you're actually talking about, Mister.

  123. Re:"I'm just a guy trying to make a living." by delinear · · Score: 1

    If he's a composer, he'd makes his money writing music and selling it to performers. If he's trying to make money by selling books with his music, then surely he's actually an author?

  124. Re:"I'm just a guy trying to make a living." by Anonymous Coward · · Score: 0

    Are you a complete fucktard? That is exactly what he does. He composes music. He sells copies of the sheet music to people who want to perform the music.

  125. Re:"I'm just a guy trying to make a living." by Hognoxious · · Score: 1

    Authors, get off your butts! Stop a-writin' and start recitin'!

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  126. Copying is a right, restricted by law by betterunixthanunix · · Score: 1

    Prior to the copyright act, anyone could copy anything on whatever scale they wanted. The copyright act restricted the ability to legally do so.

    So at what point did copying suddenly become a right granted by law?

    --
    Palm trees and 8
    1. Re:Copying is a right, restricted by law by mark-t · · Score: 1

      Prior to the copyright act, copying something with any reliability was so monumentally tedious, expensive, and error-prone, that in general, unauthorized copying just wasn't really a problem (there were some noteable exceptions to this, but in general unauthorized copying of works was not very problematic at the time).

      Then the printing press came along, and suddenly reliable mass production of a work suddenly became almost automatically within the financial reach of anyone who could afford the one-time cost of such a machine.

      Copyright was invented after the printing press (roughly 250 years later) to provide some balance to the potential for commercial gain that unauthorized copies could acquire. Although it could not actually prevent unauthorized copies, it could nevertheless discourage their use by the incorporation of legal penalties. And while the real intent of copyright is ultimately to prevent unauthorized use for corporate gain, bearing in mind that it is just as possible to have corporate gain by giving away something for free as it is to sell it for money (increased notoriety as a distributor, for example), to the extent that the law could reasonably enforce it, copyright today simply forbids all unauthorized copies of artistic works protected by it unless noncommercial intent is wholly self-evident based on the usage of the work falling into a finite number of highly specific categories.

      It may not be unlikely that without copyright after the invention of the printing press, many authors might have preferred still using more expensive manual methods simply so that counterfeited copies would be less likely, and then adoption of the printing press usage could have been far slower. There were already people who did not like the printing press following its invention due to sentimental attachment to handwritten documents, and absence of any sort of legal protection to discourage would-be counterfeiters could have put such dissatisfaction over the top, and the widespread adoption of the printing press would have taken far longer to happen, or possibly might even never have happened, the growing popularity of the printing press at the time being viewed later as little more of a fad in human history rather than the revolutionary turning point that we see it as today. It follows that with the printing press not being as widely used, the development of widespread literacy would have slowed down tremendously, as would much of the technological progress that has either furthered that end or come about as a result of it.

      In the end, and in general, copyright seems to be a good thing for society - although I make no apologies for the fact that its duration is being stretched to completely absurd lengths where there is no practical reason for it in terms of how copyright is a public benefit. Copyright should likely have a maximum duration of perhaps 20 years or so.

  127. Re:No. by Anonymous Coward · · Score: 0

    I create things all the time. I recently just sat down in the bathroom and created something. I'd love to share it with you, but you MUST pay me for it. I value my product and so should you!

  128. Both are right? by Anonymous Coward · · Score: 0

    It's simple really. Not all "trading" and "downloading" is a bad thing. Here's my take;

    First: I started to really get into a band... I'd heard two or three rockin' songs on the radio and decided to make the trip into the local record shop for a listen, but they didn't have the record in stock. So I went to another music store, but they didn't have any listening bays. So I paid the asking price at the second store and went back to my car to give it a listen. Unfortunately, the few songs I heard on the radio were the only good ones on the album. OH NO! I wasted my money. Worse, I realised that if I'd simply listened to the "hit" songs a few more times, I probably would have been over it before long anyway. I should have just listened to the radio or grabbed the tracks using a cassette (you remember those days don't you?).

    Now I am not saying that I should have NOT bought the albums - but I did feel duped. This wasn't an isolated incident either, and I am sick of buying filler tracks. So, with some albums hard to find, and even if you do, no way to "preview" them before purchase (no listening bays), I decided to perform my own "preview" of the tracks. I locate them online and download them. If I listen to the album and like it, I go and buy it... if I don't, I may keep the good songs for the occasional (and private) listen, but mostly I just delete them. What's the lesson here;

    a) If you want your album to sell, don't make/buy a few hit songs and make the rest a completely different and inferior style.

    b) If you, as a record company or retailer, want to get sales. Put the listening bays back in and make sure you have stock of the item.

    c) Consider making the product cheaper so that the albums with filler on them don't hurt so much when you want to buy it for the few good songs on it. And I don't mean cutting artist profits either - they make next to NOTHING on record sales... cut into those massive RIAA lawyer costs or something and make the albums cheap enough to not waste bandwidth on.

    Second: This is a fun story (IMO). Having decided I wanted to preview a new bands works, I downloaded the album. I liked it so I bought it. I used a variety of "you may also like" search methods and found a list of other similar artists. I then proceeded to download a variety of compilation albums that featured those artists. On those compilation albums, I found more artists that I liked (but not all of them). I then downloaded an album or two from some of those artists, and so on... You may, at this point, call me a dirty pirate. But what happened next was the good bit. i deleted all the rubbish compilation albums, and started to actually collect the artists real albums. Two, in particular, I own several albums and DVDs of. I picked up another two today (in fact).

    What's the lesson here;

    By providing me a method to search and download songs from like artists, I eventually found a few new artists that I had never heard of before, and that rocked my world. I am now a fan, and have spent my hard-earned money on their CDs, DVD, and concerts (where possible). Some of these are small-label bands with low distribution (in foreign countries only), and yet they have made sales thanks to acts that would label me a pirate and cost me hundred of thousands of dollars should the RIAA sue me.

    In the case of the sheet music in the article... I feel a good, strong argument from both. Eleanor has it right in some respects. The artists deserves to be paid for their good work... but I'd never have known it was good unless I had access to it first. And access, I am afraid, came by "illegally downloading" them first. I have now paid the artist... but that wouldn't have stopped the RIAA (in my case) for seeking hundreds of thousands of dollars in "damages" for my acts... and that is what stinks. More effort should be put into the "honour system" than the punishment system.

  129. Re:Looks like you are wrong already by Anonymous Coward · · Score: 0

    Sounds like it was a non-disclosure agreement, not copyright. Read links before posting them.

  130. Probably not that good anyway by Anonymous Coward · · Score: 0

    "My wife is a musician and she paid a hell of a lot of money for her education"

    Speaking as a musician who trained since he was four, that's *interesting* information, but largely irrelevant. It has no bearing on what your wife's knowledge is worth. That education simply gives her training so that she can convince someone to pay her money. For a musician, that's usually not a lot since lots of people are really good musicians, and the demand for musicians is relatively small.

    I'm reminded of something in the Smithsonian Museum in washington dc. I don't think they show it anymore, but it was a large model of the capitol made with strands of glass. It's an amazing structure and I'm sure it took someone years of effort. But to me, it's worth nothing. I wouldn't put it in my house if you paid me.

    Now to your point with this poor schmuck who's hawking his sheet music. I would pay the guy the $4, not because I think it's worth $4, but rather because I feel most composers are basically one step up on the economic scale from a homeless guy and I feel bad that no one took them aside when they were a kid and let them know that they simply aren't good enough to be a musician. As I said, I trained from an early age and I had fun, made some money (still do, I perform weekends), but I was self-aware enough to realize that probably of all the good musicians that you or your wife know *just aren't that good*. And what's sadder is watching these kids go to college and then having to work in another field (at least the music teachers can get a job). The saddest are the mediocre performance students who have a large student loan. Yikes. Somebody should have been cruel to them at an early age so that they could have been employable.

  131. how to piss off your followers by Anonymous Coward · · Score: 0

    This is a conversation between a composer (I've never heard of before) and a truly devoted teenage fan of his who performs his music and is apparently pretty smart. So smart that at some point, he stops arguing because according to him,

    arguing with teenagers is a zero-sum game.

    No comment.

    Fan's conclusion:

    You're a genius and your stuff is amazing to perform, but apparently, you're a jerk.

    Couldn't agree more.

  132. Re:No. by ThomsonsPier · · Score: 1

    He created that post.

  133. Re:Proud To Be An American? by novium · · Score: 1

    I was being facetious. It wasn't a serious suggestion.

  134. Re:Looks like you are wrong already by Anonymous Coward · · Score: 0

    i clame copyriht on rule 23!
    ???
    INFINIT PROFIT!

  135. Perpetual payments by Pentium100 · · Score: 1

    The composer expects to be paid forever if somebody makes money using his work. On one hand I agree with it, but the level of it should be limited. Also the composer said that he also transcribes music for hire and would also expect to be paid again if the person who hired him (and paid for the transcription) sold the transcription and made money.

    So, how many times he gets paid for his work:

    Some singer likes his work and wants to learn and perform it - he needs to buy the sheet music, so the composer gets paid for his work.
    Said singer goes on to record a CD and sell it. Now he must pay the composer a percentage of the profits in addition to the initial price of the sheet music.
    Let's say a radio station wants to broadcast the song. It has to buy the CD (paying the singer and in turn the composer), but it also has to buy a license to broadcast the music (part of the money goes to the singer and composer again). At this point, the singer has been paid twice and the composer three times for their work.
    A restaurant wants to play the radio station to it's customers. It too has to buy a license to do it (even though the radio station already paid for the right to broadcast) paying the singer and composer yet again.

    On the other hand, non-art people usually only get paid once for their work. I don't continue to pay HP for the 11 year old printer that I have (I buy ink refills) and I wouldn't have to even if I made money using the printer. I don't continue to pay the builder who built my house. A company pays once for the computers that it uses to make money, even Microsoft does not ask a percentage of the profits in order to use Windows (well, you do not have to upgrade to each new version). If I fix a PC I get paid once and not a percentage of the profits that were made using that PC.

    How being hired to transcribe music and being hired to fix a PC differ so that one of them entitles the worker to get paid again for the work, while the other does not?

  136. No, it's more like there are many alternatives... by Paul+Fernhout · · Score: 1

    Our economics no longer matched our technics (if it ever did). I outline four alternatives (basic income, gift economy, subsistence, resource-based planning) here: http://knol.google.com/k/paul-d-fernhout/beyond-a-jobless-recovery/38e2u3s23jer/2#Four_long(2D)term_heterodox_alternatives
    """
    Whether or not mainstream economics ideas can pull us out of the Great Recession and a jobless recovery, in the long term, the problems posed by increasing automation and environmental concerns suggest that some form of heterodox economics will be adopted in the long term to avoid deeper recessions with more permanent job losses. There are at least four major alternative forms of social change that we might see in the future to deal with these issues of increasing joblessness in the face of abundance produced through high technology. These correspond roughly to the alternatives being suggested at the time of Keynes' General Theory in the 1930s, and which lost out to it in the USA, of communism, technocracy, social credit, and a Gandhian swadeshi movement. In modern terms, these might be considered a gift economy, a resource-based economy, a basic income, and communitarianism (or localism). These will be discussed in the next four sections in relation to jobs. Given exponentially increasing technological capacity in AI/robotics and computing/communications and materials/design, each of these approaches are really just different paths to a common converging point of abundance for all, where people only work on things they want to do on a primarily voluntary basis in the context of a sustainable and resilient society. But how we get there depends on what path we take. These paths are not mutually exclusive. To some extent, our society is exploring all of them at once right now in various ways, and has been for a long time.

    These alternatives can be seen as reflecting two major choices. One choice is between emphasizing individualistic control versus emphasizing communal decision making. The other choice is between emphasizing one-for-one exchanges (like with currency or barter) versus emphasizing acting mainly from values. These choices are summarized in the chart below: ...................Exchange-based..............Values-based
    Individualistic....Basic Income................Gift Economy
    Communal...........Localism/Communitarianism...Resource-based Economy

    This chart is not meant to suggest these alternatives are incompatible, since any real community could have aspects of all of them. A community might have taxes for welfare, a LETS system for local currency exchange, much volunteerism, and some central planning for intrinsic security needs for sustainability and resilience. For example, Ithaca, NY would represent a community with all these aspects to some obvious degree. Ithaca is a US community with one of the oldest and largest Local Exchange Trading System system. It also has the standard US income assistance programs of Welfare, Social Security, Medicare, and Medicaid (though they are still needs-based and age-based, so not quite a basic income). It has a major university (Cornell) that does long-term strategic central planning for itself and also has an academic department of City and Regional Planning that claims to "provide the tools, techniques, and strategies you will need to design more equitable, vibrant, beautiful, and sustainable places".[97] Ithaca also has some citizens developing and giving away free and open source software, free information, and even free designs for 3D printing technology (Fab@Home).
    """

    The composer is just caught in the middle of this ongoing social change. he could instead, say, be lobbying for a basic income for all so he would not need to charge for his digital works.

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  137. zero-sum by S-4'N3 · · Score: 1

    "arguing with teenagers is a zero-sum game" I love this line. Anyway, I completely understand and respect Jason Robert Brown's opinions and I admire that he has managed to make a living writing music and selling sheet music. That said, being a musician and composer who has worked on countless musicals, I've seen the flip-side of this equation. I have seen producers lose their shirts because of the prohibitively high cost of obtaining the rights to full scores (notably more than $4.00 a song). Simply put, it's not pretty. Brown is right to defend his rights and defend his trade, however I think there is room for modernization in the copyright model employed by broadway show rights holders. Personally, I am a fan of (and often employ) creative commons licensing. I like the idea that if you're not going to make any money on my material, I won't either. This gives me and my material exposure (and hopefully a little popularity) and doesn't lose me any money. If, on the other hand, you're going to make a killing using my works, for sure I want a piece of the action. Most broadway shows do work on a sliding scale, however the scale does not slide low enough to accommodate most amateur productions. The other issue with the current copyright model is that it is only concerned with short term gains. The actual term of a copyright before it is released to public domain is obscenely long. Obviously, this is to benefit the publishing houses. This means that even decades after a work is published, it can be extremely difficult to obtain the rights to put on the production. This has been shown to actually diminish the popularity of works since it is easier for amateur productions to find older public domain works, instead of fresher newer works (hence the continued popularity of Gilbert and Sullivan). Releasing works into the public domain (after the initial run) can help to boost the authors popularity and prevent them from dying in obscurity as so many composers do.

    1. Re:zero-sum by S-4'N3 · · Score: 1

      One of these days I'm going to remember that I need to add line breaks manually...

  138. Want to make a living? by toriver · · Score: 1

    Get a job where you do something useful. Just like the rest of us do.

    The entertainment industries are in a Bizarro world. Where the rest of the capitalist world looks for a demand and tries to fill it, the entertainment industries first create something based on what can be considered selfish needs of expression, then tries to make people want what they made, propped up by exploiting state-granted monopolies and getting away with market collusion and price fixing that would be deemed illegal in any other industry.

    Go get a decent job and let culture return to the people and amateurs where it belongs.

  139. Not many people get it by kobaz · · Score: 1

    This thread has crystallized what I suspect is the "Slashdot-approved" stance with regards to protecting material. Correct me if I get any of these points wrong.

    1. If you want to make a living creating works that exist in a data format (music, books, video) just accept the fact that nobody owes you a dime for your time. If some people choose to drop some money in your hat, that's awesome - but don't count on it.

    I honestly don't think this is the case here. It's a case or morality and ease of action. The younger generations (myself included, I'm 27), are being taught by their peers, and sometimes their parents that copying music is okay. It's against the law.. but so is speeding (but that's another debate). With both speeding and music/movie/etc copying, it's a case of "The populous has spoken". Upon looking for some stats on the Wikipedia:

    In 2004, an estimated 70 million people participated in online file sharing. According to a CBS News poll, nearly 70 percent of 18 to 29 year olds thought file sharing was acceptable in some circumstances and 58 percent of all Americans who followed the file sharing issue considered it acceptable in at least some circumstances. In July 2008, 20 percent of Europeans used file sharing networks to obtain music.

    These are clearly not insignificant numbers, especially the current young adult generation. Seventy percent! That's the MAJORITY. We're clearly dealing with a global, quickly spreading phenomenon. Back when I was in high school (99-03), during my freshman year you needed to be in the "leet" crowd to know about file sharing, kids charged 5 bucks a cd to make you any album you wanted. By the time I was a senior no one was charging because everyone was just downloading. It was the dawn of the napster era.

    Our culture is changing, and it's changing worldwide whether you like it or not. Computers are getting faster, bandwidth is getting more plentiful, and people are becoming more 'educated' on how to get things they want for free. They are also being taught that these ways of getting things for free are culturally and morally acceptable.

    The majority of this culture (as you can see from Jason Brown's escapade) clearly isn't the "I don't owe you a dime for your work" crowd. Most of the traders that were contacted actually stopped the trading. Which seems to me that it's more of an "oh whoops, I didn't know you weren't cool with that" type of crowd.

    2. If your music is so great, tour and make money that way. If you get moderately successful locally, each band member might be able to clear $80 a night! Of course you'll need a huge cash infusion (i.e. debt) to start touring big, but I'm sure the banks will be happy to help you with loans for such a riskless endeavour.

    3. Always remember - costs like studio time, special effects, actors, musicians, props, sets, insurance, essentially every cost involved in the production of your work magically disconnect from the work itself at the moment it is finalized. A ripped copy of that work has absolutely no moral, legal, or implied connection to any of those costs.

    For the most part, none of these items fit into the mindset of the culture involved in the sharing. How do I know? If these costs were considered, people would pony up for them. Our society as a whole is a compensation based society. People go to the supermarket for food. They pick out the food they want, then go to the register and pay. My inkling is that they pay because it costs money, time, and labor to produce these food items. But it's illegal to take the food without paying, so of course they pay right? Well it's also illegal to distribute copies of music. But, the thing is you don't see 70% of young adults shoplifting, because shoplifting is also morally and culturally wrong. What about the people who grow food at home for 'free'. They still have to buy or barter for seeds, which take time to collect and p

    --

    The goal of computer science is to build something that will last at least until we've finished building it.
    1. Re:Not many people get it by easterberry · · Score: 1

      , nearly 70 percent of 18 to 29 year olds thought file sharing was acceptable in some circumstances and 58 percent of all Americans who followed the file sharing issue considered it acceptable in at least some circumstances.

      "Some circumstances" is a very broad term. I'm opposed to people who just download everything and never pay the creator but I can think of any number of circumstances where it's acceptable and even required. That's a very poorly worded survey which ultimately means nothing

    2. Re:Not many people get it by kobaz · · Score: 1

      "Some circumstances" is a very broad term. I'm opposed to people who just download everything and never pay the creator but I can think of any number of circumstances where it's acceptable and even required.

      But that's exactly my point!

      According to the survey, the Some circumstances argument is what makes it morally justifiable to that segment of the population.

      As far as the law goes... it's a ban on all circumstances other than what's defined in fair use. But in your case (and in others), in "some circumstances" it's okay to just download it because of [insert reason here].

      where it's acceptable and even required.

      What makes it acceptable? It's certainly against the law, so it's not the law that makes it acceptable. What else is it then? It's acceptable because it's morally acceptable.

      I'm just stating the trends and observations that I've noticed over the past 20 years of computing. There's always been the crew that's cracked, copied, and distributed stuff (I remember playing pirated Apple2 games). Nowadays it's moving from the hidden away portion of society to mainstream where "everyone" is doing it. And since "everyone" is doing it, there seems to be a growing list of "some circumstances" in which make copying morally justifiable.

      --

      The goal of computer science is to build something that will last at least until we've finished building it.
    3. Re:Not many people get it by easterberry · · Score: 1
      If I lend a CD to my friend. That's justifiable.

      If I send people in my group copies of my work. That's required.

      Both are file sharing.

      personally I download when I have never heard the band or have never seen the show (I don't have a TV and I live in Canada so I can't Hulu it) Then if I like it I will go on to purchase more of it. If I don't, I will delete. I accept that if I get caught they can try to sue me for a shit ton and I feel they're entirely in their rights to do so. I'm not actually the people they're going after but I am breaking copyright law and I am fully aware of the legal precedent that has been set for it so if I get caught and have to pay it is entirely my own fault.

      Another case where it's justifiable is if I already own the product and I torrent a cracked version so I don't have to use the CD. Totally justifiable. (and i think up here in Canada it's also completely legal)

    4. Re:Not many people get it by kobaz · · Score: 1

      I'm totally in agreement with your justifications. I have some similar ones. I get blockbuster and netflix since I don't have a tv either. One out of every 10 dvds or so just refuses to play in a pc dvd drive... so I download the same title. I already paid my movie fee, but got a bunk title due to some drm.

      My point here, is that you have your reasons, I have mine, other people have theirs... and it's contributing to the global "moral justifications" of why copying is okay.

      --

      The goal of computer science is to build something that will last at least until we've finished building it.
    5. Re:Not many people get it by easterberry · · Score: 1

      My point is that 3 of the examples I gave are completely legal. The last one i consider moral in the same way I consider jaywalking when there aren't any cars around moral.

      Saying "70% of people think file sharing is ok" != "70% of people think music should be freely available for download without having to pay for it" and that's what the statistic is trying to make it look like it says.

  140. Libraries by Anonymous Coward · · Score: 0

    He is right though. She could have borrowed the sheet music legally through the library using inter library loan and made her own copy without contravening any copyright laws and probably for free too.

  141. Re:Demand by cacba · · Score: 1

    The library is providing a free, near equivalent to their product. Therefore, few would pay for the companies product. An online library would require a huge shift in how the industry makes its profits, which brings with it huge risk of failure.

    I cant think of why it wasnt clear I was refering to the demand for the companies product.

  142. Here's how copyright works by alexo · · Score: 1

    Let me give you a short example on how copyright works.

    I see some junior politician using doublespeak on TV.
    Since my English teacher had an unorthodox sense of humour, I still subconsciously associate that language with puns, so I notice a connection between the politician's name and the situation in question.
    It seems to be a halfway decent joke to me, even if a little elaborate, so I write it down and, when we next meet in a bar, I tell it to you. We both have a good laugh about it.
    25 years later, that same politician, now a member of parliament (or an equivalent), is on the news again.
    You see it, recall that joke, and tell it to your son. You both have a good laugh about it.
    25 years later, that same politician, now a president/PM (or some equivalent), is on the news again.
    Your son sees it, recalls the joke and tells it to his son. They both have a good laugh about it.
    25 years later, an obituary for that politician is on the news.
    Your grandson sees it while drinking with friends in a sports bar, remembers the joke and tells it to his friends. They all have a good laugh about it.
    Two weeks later my estate sues him for a public performance of a copyrighted work.

    Now, I admit this is a simplified example because, assuming that the current copyright terms of life+70 will not get extended (a pretty tall assumption), it would not be your grandson but your great-great-grandson who will get sued.

    Copyright is a way of locking down culture for the purpose of monetizing it for 3 to 6 generations.

  143. Simply another unfortnate by jvkjvk · · Score: 1

    Unfortunately, both creators and potential audiences are currently being directly harmed by the layers of unnecesary intermediation.

    Until these are disposed with, both will continue to be harmed.

    The creators will be harmed by people not paying anything for their stuff.

    However, this is a logical reaction to the twisted set of current laws.

    We as a people have supported these artists through our contract as a society, which they are certainly a part of.

    We deserve to have the ability to play with works that have been produced within our own lifetime.

    This is our culture, not theirs. I imagine that by now, everything in my youth should be a free for all. 20 years or so. This stuff is part of who we are. You are what you eat, and most of us have eaten quite a lot of ideas produced by other people.

    People are not there to satisfy a particular business model. You cannot treat them as cattle to be herded this way and that by spurious laws that only are written to line your own pockets. There it is.

    Until the horrible inequities that currently exist in Established Law have been redressed, it is really premature to go about blaming the victims, err, "consumers".

    Regards.

  144. Re:"I'm just a guy trying to make a living." by Anonymous+Brave+Guy · · Score: 1

    If he's a composer, he'd makes his money writing music and selling it to performers.

    But this is exactly his point: he is a composer, Eleanor/Brenna is a performer, and because she is ripping his music illegally instead of paying him for it, he doesn't get to sell it.

    It sounds like he is already making a loss on some of his activities, just to get his music out there. How is this fair on him, as the guy who is actually putting in the effort to make something valuable and contributing it to society?

    It's not like he was asking for an obscene amount of money for a legit copy of the sheet music: any one person wanting a copy only has to pay up about $4. It sounds like this guy is a practising artist who makes new work on a continuing basis and derives a significant fraction of his income from those little payments. This is exactly the sort of scenario that copyright is supposed to promote, but the whole economic foundation of the arrangement breaks if one side doesn't keep up their end of the deal.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  145. Re:"I'm just a guy trying to make a living." by flyneye · · Score: 1

    Composer=musician that needs to get off his butt, lose the shy act and rake in some fruits of his labor.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  146. Smells like Astroturf by Applepuppy · · Score: 1

    This content featured in this article is very similiar to the talking points highlighted by astroturf organizations funded by organizations such as the RIAA, MPAA, CRIA, etc... For example: http://www.techdirt.com/articles/20100420/2228169126.shtml http://balancedcopyrightforcanada.ca/about

  147. Re:"I'm just a guy trying to make a living." by flyneye · · Score: 1

    I'm seeing a new layer to the problem here. It seems to be universal of most copyright controversy. The friction lies not in whither fair use, piracy and such. It seems to be unworkable business models as the problem. Complications arise when technological evolution outpaces business evolution.
            Picture if you will,and I have many famous artists through history to back me on this, music is a force. It is independent of mankind which is used as a conduit to transform this energy to audio. Music is an energy, a constant. The music industry impedes the flow of energy but are not greater than the volume ft/lbs of energy they purport to control the valve on. Simple physics should tell you what happens when the monkey can't hold the cork in anymore as the industry is now failing to. We will always have music ,there is no need for an industry to stand as a middleman to farm artists for the money they stand the potential to bring. Artists are capable and now well connected enough to live better on their own than with the promotion of an archaic unworkable business model.
          In a nutshell, Sheet music sales are more outdated than industry audio product. As I said before a composer is a musician who needs to address his shyness and go perform. Now that's a workable business model.
          If you struggle against the flow of the universe, you just waste energy and get swept away against your will. If you flow in harmony with the universe, it's energy aids yours.
            The Music industries business model struggles against the universe. I'm not sorry to see it swept away against it's will.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  148. Well by ldconfig · · Score: 1

    If intellectual property is 'real' property then why are there no property taxes on it? Or is it that specific classes of people are too special to pay taxes like the rest of us?

    --
    The spelling and grammar police can kiss my ass
  149. Not right to murder, right to life by Anonymous Coward · · Score: 0

    Not right to murder, right to life. But the way you phrase your rights as something you want to do to someone else rather than do yourself is rather telling in this "me me me" culture.

  150. Re:Proud To Be An American? by genner · · Score: 1

    Many people actually tried doing that, but were forcibly stopped.

    Where would you find the land to start your own country? All land on earth is currently claimed by some existing country, and they won't sell it to anybody trying to make a new country.

    Not to say that I agree at all with the racist GP, but your counter argument is flawed too.

    If they're too lazy to form a army and wipe out the current inhabitants, then how are they ever going to run a country. I don't feel sorry for them.

  151. Ask the Estate of Charles Dickens by Anonymous Coward · · Score: 0

    Ask the Estate of Charles Dickens:

    http://www.rci.rutgers.edu/~lcrew/pubd/dickens_usa.html

    The US did NOT recognise copyrights for foreign authors. They didn't recognise it for software. So given these two incontrovertible facts, please tell me how copyright is inalienable and not a construct of government.

    1. Re:Ask the Estate of Charles Dickens by AGMW · · Score: 1

      Ask the Estate of Charles Dickens:

      http://www.rci.rutgers.edu/~lcrew/pubd/dickens_usa.html

      The US did NOT recognise copyrights for foreign authors. They didn't recognise it for software. So given these two incontrovertible facts, please tell me how copyright is inalienable and not a construct of government.

      Do you not think it is morally right for the builder of something, the creator of some work (be it a chair or a car or a house or something less tangible like a painting or a film or a song), to profit from their undertakings if they so wish?

      In my mind it is the creator of a work's privileged to set the price at whatever level they think appropriate and it is the consumer's right to not buy it if they think it's too pricey, but if you don't like the price you simply don't have the right to take it without paying!

      Now I'd agree wholeheartedly that 100 years seems like a long time, but that's another argument to have once we can agree that people should be able to set their own prices in the first place!

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
  152. It's not a business model problem, it's social by Anonymous+Brave+Guy · · Score: 1

    My difficulty with this argument is always the same: it essentially implies that copyright-based business models as a way to incentivise the creation and distribution of new artistic works are not viable. That may be true as long as ripping people off is socially acceptable. However, there is little evidence that the same quality and quantity of works will be produced without such a commercial incentive. Artists still have bills to pay, and even the best artists can produce better work given time to plan, refine and edit their material with a roof over their head than they will produce ad-hoc in their spare time while holding down another job to pay for the food at dinner.

    I would suggest that the real problem is that technology has outpaced social models: most people are not in the position of directly depending on sales of artistic work for their income, and view copying as a victimless crime. This is, to some extent, because they feel they have been ripped off by Big Media middlemen for years and see turnabout as fair play. But of course it's not just Big Media middlemen who lose out, because these industries also provide for millions of hard-working people, many of whom contribute to making better products for us all to enjoy but will never be in the limelight themselves. I don't think the average person really thinks through the consequences of breaking the copyright model in the Internet age, even if they would miss the benefits of all those people working in creative industries were they not there any more because there was no longer enough money to pay their salaries.

    Perhaps in future, we will evolve some other model or models, where those who put in hard work that contributes to valuable artistic output can be recognised and rewarded by those who enjoy the results. I think many people, even in today's world where bought-and-paid-for copyright laws no longer reflect the original spirit of the idea, still feel that it's fair to pay someone who creates work they find useful or enjoyable. Maybe copyright is too far down the path of lost credibility and something newer that is more socially acceptable needs to take over. But no-one has really come up with that something yet, and I wish a few more people thought through the long-term consequences of just ignoring copyright until we have a better replacement.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:It's not a business model problem, it's social by flyneye · · Score: 1

      Perhaps the best way to evolve is for the artist to sell the obvious: live performance. Everything that can be copied, will, it would be best to make this an asset rather than a detriment. To give away that which is copyable for money is ridiculous. To give away that which is copyable for promotion is genius. If they want to listen, they will come and see you, further, even share the file with others, replicating success.
            Indeed copyright in this fast paced age is a fools errand. To make it work again at all we would have to revert to the original model. A short time being 4 years or so.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    2. Re:It's not a business model problem, it's social by Anonymous+Brave+Guy · · Score: 1

      Live performance is all very well for certain types of artist: singers, instrumentalists and actors, basically.

      But what about everyone else who is part of a creative industry, currently supported by copyright? How does a book author sell a live performance? An investigative journalist writing for a newspaper or magazine? A software developer? A cartographer? A graphic designer? A composer, such as the subject of this debate? A game level designer? A movie SFX guy?

      Now, how about all the supporting roles that are not themselves creative, but make the artistic works of others better? An editor or technical proofreader? A researcher? A sound engineer? A software QA guy? A web usability expert?

      This is the fundamental problem with the "just perform it live" argument: other than musicians and actors, it basically doesn't apply to anyone, yet there are valuable creative works produced or enhanced by numerous other kinds of artists and supporting staff.

      As for distribution for promotional purposes: well, that's fine up to a point, but eventually there has to be some way of making money or it's just a glorified pyramid scheme. Live performance isn't that way for most of the people I mentioned, nor is expecting the whole world to be funded by advertising. (Do you have any idea how much of the advertising industry is based on promoting artistic works?)

      So, as I said before, we basically come back to the social problem: we need a mechanism for those who enjoy works to support those who create those works. That mechanism isn't copyright in its current widely abused and over-legislated state, but I have yet to see a convincing argument for how a world without that incentive will be a better place in the long run.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:It's not a business model problem, it's social by flyneye · · Score: 1

      I didn't say delete copyright, I said make it work by returning it to the default setting.

      Everyone still gets copyright for 4 years. The way to make money: get off your dead ass and do something new, you had 4 years to milk your idea and now have all that money. What have you done for us today?
              You're absolutely right, the rest doesn't apply to everyone, only the music industry.Analogy:
      Just because you have a job at a buggywhip factory doesn't mean you have the right to hold the rest of the world back in order to keep your pathetic job. Automobiles are on the way, then flying cars.
            Musicians now have a level playing field to make money and have no need of the middlemen preventing the majority of them from achieving potential by those pretending to be gatekeepers of talent who are only in fact, farming the artists as a crop themselves.
      To promote yourself with your music for freeso that you can draw a paying crowd live is a far more profitable business model for an individual than to pursue an archaic dying swindle anyway.
            There really is no point in continuing to resuscitate the old "middlemen" business model. If it didn't work yesterday, doesn't work today, then, it isn't going to work tomorrow. No point in continuing to repeat actions that bring about the same results, is there? Just like the myth of the two party system. Not much point in continuing to do the same thing over and over.

            The world is too big a place with too many people to be held back by the greedy few. 4 years is more than adequate. If it isn't, you're idea wasn't worthy or you did the wrong things with it.
      Progress doesn't owe anyones children a living. Get over that thinking.

             

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  153. Re:"I'm just a guy trying to make a living." by tendrousbeastie · · Score: 1

    In what way is the music industry involved in this story?

    This bloke is trying to sell his sheet music from a website for $4 a time direct to music performers. That the product he is selling is pure information and can therefore be duplicated at no/negligible cost has resulted in a subset of people taking the product without payment, thus leaving him financially disadvantaged and therefore disincentivised from future musical composition (although I suspect this bloke is not going to change careers over this).

    We don't see a similar argument in other information based industries - fashion design for example it seems to be a shameful thing to wear copies.

    I agree that the music industry in its current form is a parasite sitting between musician and audience, serving no more purpose than a mediaeval guild, but I really don't see how that's the issue here.

  154. Re:Looks like you are wrong already by Anonymous Coward · · Score: 0

    The page you link to claims that Wolfram Research claimed that presenting the proof violated the author's nondisclosure agreement with his employer. It doesn't say anything about copyright.

    Looks like YOU are wrong already!

  155. A Cunning Plan... by turgid · · Score: 1

    Write a program that generates music algorithmically. Set it churning and copyright (and put under a GPL-style license) everything that it produces.

    After a few million compositions, it should be trivial to find several that have been subsequently "composed" by would-be musicians.

    ???

    Profit!

  156. Re: by Anonymous Coward · · Score: 0

    A signed copy for $4 would be a more than fair exchange.

  157. It's not a fad. by Anonymous Coward · · Score: 0

    When you get right down to it, while not exactly the same as stealing or shoplifting, copying someone else's work without permission is still a bad thing, but of course there are degrees. If I download a song to listen to, that is one thing. If I'm doing it because I don't like it enough to pay for it, that's one thing, as arguably I haven't cost the owner anything since I wasn't going to pay for it anyway. If I download it, burn discs and sell it for a profit that is the other end of the scale. Both are wrong, but the latter is much, much worse. This is where I get really pissed off at the *AAs, because they apply the law meant for the latter to the former, which IMO is an abuse of the civil law system, but I digress.

    Anyone care to comment on the long term social effects of raising several generations on the notion one doesn't have to respect copyright, no matter the degree? How about other rights, especially when one can say, "well I can get away with this, why not that"?

  158. um... WOW! by proudhawk · · Score: 1

    That isn't just a teenager who wants something.
    She's willing to STEAL it to have it because she can't (or won't) pay for it.

    Talk about a lack of ethics. I wonder if her parents even know about this?

    --
    Understanding is much like a 3-edged-sword. in this: there are always 2 sides and the truth.
  159. Really? Re:15 Years - is it enough? or too much? by rubies · · Score: 1

    Contra example:

    "Afternoon Delight" - still has value and currency, should be banned from public performance :-)

  160. Re:Looks like you are wrong already by Vovk · · Score: 1

    So what you are saying is that Wolfram Research now owns (Under US law and political/military might) a fundamental law of the universe.

    Humanity will never cease to amaze me...

  161. slashdot gives 5's to piracy advocates by Anonymous Coward · · Score: 0

    film at 11.

  162. Re:Looks like you are wrong already by Anonymous Coward · · Score: 0

    |= Forallthingsconsidered(Wolfram Research = Monsanto)
    QED

  163. Utilitarist by jprupp · · Score: 1

    What is at stake here is the fundamental definition of freedom itself. Patents and copyrights stand in the way of full non-coercive freedom, as a once carefully drafted social contract for utilitarian purposes.

    The utilitarian doctrine doesn't stand up for freedom but for the amount of happiness output, meaning the amount of well-being that can come out of certain policies.

    Copyrights and patents have been put in place as a compromise between freedom and utility. At some point copyrights where only valid for about 14 years, and then intellectual works would go to the public domain to benefit mankind. This was not such a large compromise then, and it seemed "fair".

    But what happened is that fair is not always right, and once the genie was out of the bottle, and the government started granting monopolies on ideas and information, things started to go out of hand. Copyrights are now granted for 70 years, or more, and trading of information and ideas has become a dangerous business. The monopolies the government granted are now out of control. And people is confused about whether to follow common sense and freely share information, art and ideas for the benefit of all, and the "poor" artists, composers, and creators that are "being left out".

    I think the dimensions of it are becoming frankly ridiculous, and the spirit of sharing and solidarity that is the foundation of the growth of our entire species, is being struck by a few arrogant individuals that think they "own" the intangible, and a group of sheep that follows them without ever stopping to think that the status-quo is immoral.

    Law isn't perfect. Sometimes errors are made. Patents and copyrights should be entirely abolished to allow for further and faster growth of our species. I applaud the clarity of mind of Eleanor, and I invite her to participate in the copyright wars in the freedom defender's camp.

    The crime of all is the crime of none.

  164. Also a small-time composer by Anonymous Coward · · Score: 0

    I'm also a small-time composer. I was a full time composer for two years before also having to work as a software developer. Now most of my income comes from the software side, while most of my time is spent on the composition side.

    Most people here understand the cost to produce a quality piece of software, but fewer realize that a quality piece of music takes tremendous amount to time and resources -- it's way more costly than sitting at the piano and playing something by ear.

    Take a typical modern symphonic work for example: there are at least 20 instrument parts to write (from piccolo to timpani, considering a typical orchestra that doesn't have less common instruments readily available). And a 5-minute movement usually takes me 4-5 weeks of full-time work to write (and I'm a relatively fast composer). This estimation is, however, mostly on the labor side -- producing clean, readable, page-turn friendly sheet music for each instrument and the conductor takes tremendous amount of time (and not all of us get paid enough to hire a music copyist). To write something that's likely to be accepted by 2nd/3rd rate orchestras as a contemporary work worth playing, the time it takes will easily double or tripple. To make it worse, most pieces only get performed once or twice, because of the competition among composers in this tiny market.

    Among my colleagues, only film/game/media/pop composers can survive solely on composition. Most others have to teach music in universities, and many of them are not teaching composition. In my case, only a fraction of my musical income is from composition (mostly from performing/conducting), and most of that is from writing/producing commercial music (arranging or soundtracks). It's a tough field, and it's understandable that why many composers in this field will try to get as much compensation as possible whenever they can.

    I think the current copyright laws are very problematic. For example, I'm not even sure whether ASCAP is actually encouraging more people to play my piece. Performers tend to play pieces by composers that are dead a long time ago. The audience does not like new pieces, and ASCAP seems to make new works even less accessible. I gave away a lot of performing rights for free to climb the ladder, but many of my colleagues think I'm ruining the market. It's soft of like free software threatening commercial software.

    On the other hand, copyright does help us get paid. High profile orchestras or performing groups will have to buy/rent the sheet music, but most college or high school bands just "borrow the set once". And there are only this many high profile groups to pay (those big-time composers). Selling sheet music becomes an important revenue of us. There are much fewer people to buy sheet music than the recording, so pricing sheet music at the same level as recording is not quite feasible.

    I don't like the current system -- it doesn't seem to do good to the human society as a whole. Current system work for big-time composers, but not for the genreal public, and not for small-time composers either. However, I am not smart enough to figure out a way that'll work for all.

    Perhaps composers are not meant to exist as a profession.

    http://dilbert.com/strips/comic/2009-12-21/