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ASCAP Refuses To Debate Lessig

An anonymous reader writes "Back in June ASCAP oddly declared war on free culture, specifically calling out Creative Commons, EFF and Public Knowledge, making a number of false statements about all three. The war of words continued as the three groups responded politely, pointing out the errors in the statement from ASCAP's Paul Williams. Larry Lessig wrote a blog post where he asked Williams to debate these topics, saying that it might help if they could get away from making false statements. Williams has now publicly declined to debate saying that it's not worth his time, and once again attacking these groups for trying to 'silence' him. It's difficult to see how a request for a public discussion and debate is an attempt to silence, but that's ASCAP's position and they're sticking to it."

50 of 183 comments (clear)

  1. Silence him? by _0rm_ · · Score: 5, Funny

    SIILEEENCE!!! I keel you.

    --
    Boredom is bliss.
  2. Debates are almost worthless by IICV · · Score: 4, Insightful

    To be fair, no debate in the history of the world has ever actually changed the truth of any matter. Arguments and legislation should be based on published literature and statistics, not on who is the better orator.

    That being said, I'm sure they're refusing because they know Lessig would kick ass. His position is well thought-out and basically unimpeachable, while theirs is untenable and distasteful.

    1. Re:Debates are almost worthless by XanC · · Score: 5, Insightful

      His position is well thought-out and basically unimpeachable, while theirs is untenable and distasteful.

      Wouldn't that come out in a debate?

      Also, I think you'll find that arguments and legislation have "changed the truth" exactly as frequently as debates have: never.

    2. Re:Debates are almost worthless by PopeRatzo · · Score: 5, Insightful

      ASCAP has nothing to gain and everything to lose by debating Dr Lessig. Organizations like ASCAP, RIAA, etc act with impunity because they don't have a face. There's nobody to identify - there's nobody to criticize. They like to stay in the shadows and let their lawyers do their work, and the lawyers can claim that they're just "representing their client" so you can't even point to them.

      I'm sure that Mr Williams from ASCAP would just as soon never have been identified as being associated with ASCAP because now this faceless organization has a face. I'm surprised that he even made those idiotic public statements because usually those things are put forth by press releases from PR firms who can also claim removal from the actual organization. Most people don't even know that ASCAP exists, much less what they actually do. Their main goal was to create FUD about "anti-copyright extremists" and "pirates" and "hackers" and "terrorists" and then come across as an honorable organization that's standing strong against the worst elements of society.

      I don't think we'll be hearing a lot more from Mr Williams, much less seeing him stand up to Dr Lessig's examination of ASCAP's statements and behavior.

      --
      You are welcome on my lawn.
    3. Re:Debates are almost worthless by IICV · · Score: 2, Informative

      Wouldn't that come out in a debate?

      Presumably yes, which (I imagine) is why they don't want to debate him. Seriously, listen to some of his stuff - it's very well thought out.

      Also, I think you'll find that arguments and legislation have "changed the truth" exactly as frequently as debates have: never.

      Of course they haven't, and I didn't mean to imply that legislation is capable of changing the truth. The truth exists independently of the positions we may take in an argument or the laws we might pass. That's why (as I said) the laws we pass and positions we take in an argument should be based on published (scientific) literature and well-reviewed statistics, not on ideology or dogma. I'm a proponent of evidence-based legislation, just like most doctors nowadays are proponents of evidence-based medicine. Unfortunately it seems like modern politicians think that's a bad idea for some reason.

    4. Re:Debates are almost worthless by David+Greene · · Score: 2, Interesting

      Arguments and legislation should be based on published literature and statistics, not on who is the better orator.

      We would all like that to be true, but in the real world, statistics don't count for much when trying to pass legislation. Nor does oratory skill. They are useful to support a position but power does not react to statistics or oratory. Power reacts to power. Statistics and oratory can support power but they are not power in and of themselves.

      The reason Williams can decline a debate is that ASCAP has a tremendous amount of power and Lessig has little, if any. ASCAP has nothing to lose by declining debate. Until Lessig (or someone else holding favorable views) can put an army of people in the room, including influential legislators, there's not much we're going to be able to do.

      Unfortunately, geeks and nerds tend to not understand this fundamental political truth. It's not about what's objectively right. That has almost no worth in politics. It's about who you can influence.

      There are other ways to build power than by raising boatloads of money, though money is necessary. The very first step is to convince ordinary people that your position is in their self-interest and is important enough to spend time and money on. That in itself takes a rather large amount of skill, time and patience.

      --

    5. Re:Debates are almost worthless by QuantumG · · Score: 2, Interesting

      In order to have a worthwhile debate you need to have a host who is interesting in the truth and has control over the microphones. The host asks each guest to state their overall position, with limited time. Then the host identifies and lists where each of the guests appear to be *agree*. The guests are given the opportunity to make objections to the host's interpretation of what the guests agree on, but he must cut off either guest if they go off-track and start talking about disagreement. Once agreement has been established, *then* the host can turn to disagreement. The host identifies the disagreement and presents the objection of one guest to the other, who is given an opportunity to respond to the objection, the other guest may then get an opportunity to rescind or defend their position, *then the host moves on* to the next objection. Some time later the host asks the guests if he missed anything, and they are each given a timed period to present any objections that have been missed. Perhaps another round of discussion on the missed objections occurs. Finally, the host offers a summary on what was discussed, what was agreed on, which positions were settled as misunderstandings or whatever, and finally the host makes a determination of which guest presented the best argument, scored the most points or persuaded the host the best.

       

      --
      How we know is more important than what we know.
    6. Re:Debates are almost worthless by selven · · Score: 4, Insightful

      Unfortunately it seems like modern politicians think that's a bad idea for some reason.

      Because you can't just throw "science" or "evidence" at real world problems and get an unambiguously optimal answer. First of all, to have an unambiguously better answer you need to have metrics. And right there, the problem is already impossible - people can't even agree on what the metrics are. Some people value freedom, others value health, others value economic prosperity, others value comfort and leisure. That's the whole reason why we have different ideologies in the first place.

      This is what we have here. Lessig values culture, the ASCAP value money for their members. Even with robot-like logical reasoning and clairvoyant wisdom, both sides are going to utterly fail at convincing the other.

    7. Re:Debates are almost worthless by JoshuaZ · · Score: 2

      > Wouldn't that come out in a debate? Not necessarily. What happens in a debate is much more about who is a better speaker and who can martial better sounding (note not better- important difference!) arguments than anything connected to truth. This is strongly the experience I got from debating in highschool for example, and from helping judge debates in college. One sees this also in the real world in some other contexts such as how creationists often do surprisingly well against mainstream scientists. The creationists haven't done science but have prepared to sound good and have lots of nice sounding arguments. One common tactic for example is the so-called Gish Gallop http://en.wikipedia.org/wiki/Gish_Gallop#Debates where a large number of arguments are presented in a rapid fire fashion and explaining why any given one of them is wrong takes a lot of time.

    8. Re:Debates are almost worthless by vbraga · · Score: 2, Insightful

      I found your position interesting.

      How would you apply an evidence-based method to what's fundamentally a subjective debate like law? What's truth in legislation? Legislation is the normatization of competition rules between social groups. What truth can be found on it?

      --
      English is not my first language. Corrections and suggestions are welcome.
    9. Re:Debates are almost worthless by Doctor_Jest · · Score: 4, Insightful

      Of course after this little tirade, ASCAP is getting heat from its members on crossing the line between what's good policy and what's just a plain out and out lie. ASCAP tried hardball with the EFF, and it has bit them in their fat asses. They are not talking about money for their members... which is where I think the debate would gravitate if that was indeed their core position. Evidence (mountains of it) has shown that ASCAP, RIAA, and MPAA are not concerned with members' rights and privileges. They are merely interested in lining their pockets. And judging by this latest ASCAP outburst, it seems they will stop at nothing to get it.

      This isn't about entrenched opinions on what the Founders meant by "for a limited time". Even the Economist said copyright was about having control over your work. It was never meant to be a property right. Yet here we are. ASCAP should apologize and learn to stop resorting to the last-ditch style mudslinging that merely underlines the EFF's position in the matter. When losing, make shit up. When losing badly, insult the opponent.

      --
      It's the Stay-Puft Marshmallow Man.
    10. Re:Debates are almost worthless by HungryHobo · · Score: 2

      That was one reason why I didn't like my universities philosoph society.

      From my point of view it was like watching children argue.

      Even compared to the shittiest internet debates it was pitiful, people would throw out a string of bad points and then carry the crowd because only the last one would get challenged.
      People would throw out obvious fallacies and appeals to emotion without challenge.

      And yet people would talk about how high quality the philosoph debated supposedly were.

      Debates like that, in front of a crowd with only a few people talking and no clear record of what's being said and no time for people to formulate effective arguments against bad points do nothing to find truth, they merely let you know who is better at composing poetic pros on the fly.

    11. Re:Debates are almost worthless by Miseph · · Score: 5, Insightful

      They both value culture.

      Haha, good one!

      ASCAP thinks a system that pays people to produce culture produces more/better culture.

      Holy shit, you're serious... Look, I hate to break it to you, but no, they don't. ASCAP favors a system where they make money, and they think a system where they get paid more money is better than a system where they don't. The problem is that when a bunch of people who don't really produce anything (music industry executives) and make shit tons of money for it cry out that they can't afford an extra week in Cabo on their 3rd yacht until next quarter, normal people's overwhelming response is something to the effect of "go fuck yourself with hacksaw"... so instead they complain that it will be the end of Western Civilization if people extrapolate modern commodity technology to the logical end. A few of their arguments might have some merit, at least in the (very) short term, but for the most part they boil down to "if we do things differently, things won't stay the same, " which is a pretty lame argument for just about anything, if you think about it.

      --
      Try not to take me more seriously than I take myself.
    12. Re:Debates are almost worthless by dgatwood · · Score: 4, Interesting

      The truth exists independently of the positions we may take in an argument or the laws we might pass.

      That's not entirely true. For example, I could say that it is illegal to smoke pot in the U.S. And that would be true until California takes a vote this November. Then, the truth will have changed; that statement is currently true, but no longer will be. Similarly, as this whole discussion is about copyright law, the law does, indeed, play a role, though it is unlikely that any change in the law would be sufficient to make ASCAP's statements in this matter even remotely true.

      Either way, it's pretty clear that ASCAP's Paul Williams is either an idiot or a bald-faced liar, and no changes in copyright law will ever change that. Does anybody know if there's a mechanism for ASCAP members to make a motion of no confidence? I'd love to help start that process, but I'm not really familiar enough with ASCAP's governance to know where to begin.

      --

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

    13. Re:Debates are almost worthless by squiggleslash · · Score: 2, Interesting

      If by "doctors" you mean "journalists", I doubt it, as the GP wasn't talking about journalists. If you really meant "doctors" I suggest going back to that particular controversy and rereading what was actually said, by whom.

      --
      You are not alone. This is not normal. None of this is normal.
    14. Re:Debates are almost worthless by russotto · · Score: 4, Informative

      ASCAP doesn't represent music industry executives. They're still asshats, but they're not THOSE asshats. They claim to represent songwriters and composers, but there's a persistent claim that only the top-played ones get anything, and the little guy can go piss up a rope when he wants his (admittedly small) share.

    15. Re:Debates are almost worthless by russotto · · Score: 2, Insightful

      Unfortunately, geeks and nerds tend to not understand this fundamental political truth. It's not about what's objectively right. That has almost no worth in politics. It's about who you can influence.

      We understand. It's just not where our skills lie. Which means our interests will go effectively unrepresented on every issue. Which in my mind calls into question the legitimacy of the whole process; why should I accept the legitimacy of a process where I automatically lose every time?

      The very first step is to convince ordinary people that your position is in their self-interest and is important enough to spend time and money on. That in itself takes a rather large amount of skill, time and patience.

      If you can pull that off, you're eligible for sainthood. Because it's not just hard; it requires a fucking miracle. Particularly when your opponents ARE the media.

    16. Re:Debates are almost worthless by onionman · · Score: 3, Funny

      What is this ASSCAP organization of which you speak?

    17. Re:Debates are almost worthless by TapeCutter · · Score: 2, Funny

      "They're still asshats"

      ASsCAPs /pedant

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    18. Re:Debates are almost worthless by ChaosDiscord · · Score: 3, Informative

      This isn't just a "different beliefs" situation. ASCAP's Paul Williams is stating outright falsehoods about the EFF and Creative Commons. (I hear he's also stating falsehoods about Public Knowledge, but I don't know enough to judge.) Their statements border on the insane. (EFF: "If an artist wants to share their music more widely, we offer tools to make it easy to share some, but not all of the rights." Williams: "The EFF wants to force you to give away your music for free!") I do agree that ASCAP is unlikely to change their public stance as a result of a debate or other discussion. They're either willfully ignorant or they are liars.

    19. Re:Debates are almost worthless by Lundse · · Score: 2, Interesting

      As a consumer, I want IP to exist solely for selfish reasons. Do you not agree?

      You should really read some Lessig (http://www.free-culture.cc/) - the most restrictive IP laws may not be the ones that bring about the best results.

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
    20. Re:Debates are almost worthless by NReichman · · Score: 2, Interesting

      As a music producer, my work can be heard on television and on various albums. With shrinking production budgets, I depend on royalties in order to pay my mortgage, feed my kids and upgrade my computer. I have a totally middle class income, and ASCAP is doing a great job trying to stop people from stealing my work. My composer and musician friends are all professionals, and we all need to pay for groceries. The next time you go out to eat, ask the chef if you can have the meal for free. Tell him that if he's really passionate about his work he should just share it with everyone.

    21. Re:Debates are almost worthless by BobMcD · · Score: 5, Insightful

      The next time you go out to eat, ask the chef if you can have the meal for free. Tell him that if he's really passionate about his work he should just share it with everyone.

      This is symptomatic of the problem right here. You, dear music producer, seem to equate things of limited quantity (food) to things that are infinitely reproducible (digital performances). This is simply idiotic. Think back to that chef. Imagine he can prepare a dish one time and copy it infinitely forever. He could serve one helping to every person on the globe with no additional cost or effort on his part. How many chefs would refuse to do that?

      Your beef isn't with the attitude, per se. You're just not able to grasp the difference between physical resources and creative effort. This is probably simply due to your bias, as a professional in that industry surrounded by others likewise. It is very human. However the reason you're not finding a raft of sympathy outside of those circles is because it logically doesn't make sense to the rest of us. The fact that copyright even exists is a gift, a charity, as are royalties, etc. Imagine being born Chinese and having this same opinion. You'd starve...

      Anyway, I'm not expecting to change your mind. And I wanted to say that your post was very well-written and hits all the highlights one would need to go for that angle. I'm just hoping to illustrate that in a world of physical reality, it falls pretty flat.

    22. Re:Debates are almost worthless by SloWave · · Score: 4, Insightful

      As an engineer, my work can be heard on television and various other communication devices. With shrinking engineering budgets, I wish I could depend on people being forced to send me moneys in order to pay my mortgage, feed my kids and upgrade my computer. I have a totally middle class income, and no-one is doing anything to guarantee my milking locked in users based on past work. My engineering and other friends are all professionals, and we all need to pay for groceries. The next time you use something I might of had a hand in creating, consider that you don't have to continue support my spending habits based on something I did a long time ago. If you are really passionate about doing this, feel free to donate my moneys you owe me to the EFF instead, because I do wish to share my earlier work with anyone. Also, keep in mind creativity in your industry too was freely shared for most of the history of humanity until the culture barons started to try to privatize and control everything artistic and musical.

    23. Re:Debates are almost worthless by Painted · · Score: 2, Insightful

      How is your post relevant? No one is asking you to give your work away for free. You're just spouting exactly what ASCAP is saying- that anyone who doesn't fully support continual expansion of copyright and restrictions is demanding that all creative works be given away for free.

      While I imagine there are a few loons saying that, what most of us are saying that DRM that trumps our RIGHTS is bad; that perhaps copyright should NOT be lifetime+75 years. How do you get "give away for free" from "perhaps copyright should be only (a very generous) 50 years?"

      --
      http://marsandmore.com - Posters of space, spacecraft, and astronomy.
    24. Re:Debates are almost worthless by BJ_Covert_Action · · Score: 2, Insightful

      Congratulations! Your pedantry allowed you to contest the OP's primary point while completely missing that point in entirety.

      Sure, in the hypothetical situation explained by the OP, California legalizing pot wouldn't make it legal. So adjust the hypothetical. I could say that smoking pot in the U.S. is illegal. This is true. If a law is written that makes it so there is no longer a federal ban against pot smoking, then that statement would not be true any longer. And, thus, legislation would have changed the truth.

      Did that hypothetical make the point clear to you, or do you have some other overly pedantic nit pick that will allow you to miss the context of the discussion entirely?

  3. He's made up his mind! by Local+ID10T · · Score: 5, Funny

    Stop trying to confuse him with the facts!

    --
    "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
  4. More likely explanation by bill_mcgonigle · · Score: 4, Funny

    I suspect Lessig wanted the video of the debate available for all to see for free, and Williams wouldn't participate unless each viewer had to pay 3 cents to see it.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:More likely explanation by grcumb · · Score: 4, Funny

      I suspect Lessig wanted the video of the debate available for all to see for free, and Williams wouldn't participate unless each viewer had to pay 3 cents to see it.

      Hell, I'd pay good money just to hear Larry say, "Welcome to my worthy opponent from... ASSsss. Cap."

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    2. Re:More likely explanation by sstamps · · Score: 2, Funny

      ASCAP.. synonymous with buttplug, and about as nice smelling as a used one.

      --
      -SS "Teach the ignorant, care for the dumb, and punish the stupid."
  5. Idiot by DarkKnightRadick · · Score: 4, Insightful

    ASCAP is going to become irrelevant as content producers such as authors move to distributing digitally exclusively so that they get more money from the purchase of their works.

    Amazon gives authors of e-books 70% of purchase price? When I'm ready to publish I'll pay for software to produce content in a manner that Kindle users will be able to easily read my content and sit back and watch as either the $$$ roll in or the cob-webs collect (depending on if my content is any good). Either way, I'll already have moved on to my next project.

    --
    "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    1. Re:Idiot by N7DR · · Score: 4, Informative

      Amazon gives authors of e-books 70% of purchase price? When I'm ready to publish I'll pay for software to produce content in a manner that Kindle users will be able to easily read my content and sit back and watch as either the $$$ roll in or the cob-webs collect (depending on if my content is any good). Either way, I'll already have moved on to my next project.

      Actually, if you're sensible, you'll first read the contract that Amazon requires you to sign. You may or may not decide after doing that that giving up substantial rights is worth seeing the material appear on a particular company's platform. Different authors have reached different conclusions on the matter.

      Anent Amazon and the Kindle in particular, you may want to read: http://www.sfwa.org/wp-content/uploads/2009/07/Amazon_digital_publication_distribution_agreement_annotated_v3_080329.pdf.

    2. Re:Idiot by dgatwood · · Score: 3, Informative

      ASCAP is going to become irrelevant as content producers such as authors move to distributing digitally exclusively so that they get more money from the purchase of their works.

      Unlikely. This suggests that you don't fully understand what ASCAP does. ASCAP does the following:

      • Collects money from radio stations that broadcast your work. Until radio dies, this will continue.
      • Collects blanket license fees from performance venues that are distributed to folks whose works are performed. This is unlikely to ever stop being important. Those performance venues make money because of live music, little of which goes to the performers. As such, pushing the burden of licensing onto them means that composers don't get paid, pure and simple. No direct sales system for composers selling copies of sheet music/lead sheets is going to change that.
      • Collects money from sale of audio CDs and distributes it to its membership. This will likely diminish to nothing pretty soon if it hasn't already.

      Note that none of those have anything to do with performers selling works to the general public. Artists obtaining mechanical licenses so that they can record someone else's works do so either on a one-off basis through a contract or by going through HFA/Songfile or similar. ASCAP has nothing to do with that process whatsoever (except occasionally being a source of information when trying to find out who wrote a particular work). Similarly, artists selling works to the public neither license anything from ASCAP nor are members of ASCAP unless they are also composers or publishers.

      --

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

  6. debate = attempt to silence by sconeu · · Score: 5, Insightful

    It's difficult to see how a request for a public discussion and debate is an attempt to silence

    Simple.

    • War is peace
    • Freedom is slavery
    • Ignorance is strength
    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    1. Re:debate = attempt to silence by Anonymous Coward · · Score: 5, Funny

      I thought I had that book on my Kindle, but I was told that nobody ever had that book on their Kindle.

    2. Re:debate = attempt to silence by Phroggy · · Score: 4, Informative

      For those who missed it, Amazon screwed something up and determined that they couldn't sell "1984" on the Kindle, despite the fact that they had already been selling it, so they activated a remote-delete feature nobody knew they had, and removed the e-book from all of their customers' Kindles. Amazon soon resolved the original issue, then offered an apology and either a replacement or a check for $30 to affected customers. Had it been any other book, the whole thing wouldn't have been so ridiculously ironic...

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    3. Re:debate = attempt to silence by tehcyder · · Score: 2

      I thought I had that book on my Kindle, but I was told that nobody ever had that book on their Kindle.

      Doubleplusungood, you shouldn't now even *think* you ever had it.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  7. Interesting worldview... by fuzzyfuzzyfungus · · Score: 5, Insightful

    Anyone who views an offer of debate as an "attempt to silence"(barring extreme cases like someone with a particularly mockable speech impediment, for which "debate" might well just involve having the crowd laugh at his expense. I'm assuming that you don't become head of ASCAP that way, though. Almost certainly a lawyer or business type who knows how to talk to a boardroom.) must see acting with impunity, and without external input, as their right be default, and thus the idea of someone else having equal footing becomes an attack, not simple justice.

    It is rather like the fanatics of various stripes who scream that they are persecuted when they are not allowed to persecute others. Their worldview is warped so far toward themselves as the default, that any attempt to prevent them from harming others is seen as an assault on their rights.

    1. Re:Interesting worldview... by MoeDumb · · Score: 2, Interesting

      " . . . barring extreme cases like someone with a particularly mockable speech impediment, for which "debate" might well just involve having the crowd laugh at his expense." Your observation reminds me of former NYC Mayor Rudolph Giuliani's speech impediment (mangling his "L's" by voicing them at the back of his throat rather than with tip of the tongue behind his top teeth). Rudy debated extensively and was never mocked for how he speaks. NBC newscaster Tom Brokaw has the same speech impairment. Jarring to the ears but it hasn't hurt him, either.

      --
      Mod Me Up. You'll make a grown man cry.
  8. Re:quote by David+Greene · · Score: 5, Insightful

    This is only half-true, because the quote only talks about "they." It's missing what you have to do:

    First they ignore you

    Then you hold some public meetings

    Then they laugh at you

    Then you fill a room with 5,000 people

    Then they fight you

    Then you lobby legislators

    Then you raise some money

    Then you put 10,000 people in a room

    Then you write a bill

    Then you lobby legislators

    Then you raise some money

    Then you reintroduce the bill

    Then you put 10,000 people in 500 rooms

    Then you raise some money

    Then you lobby legislators

    Then you win

    In other words, Margaret Mead was wrong.

    --

  9. no need for debate by PinkyGigglebrain · · Score: 4, Insightful

    By choosing not to defend his statements in a debate Williams has shown that even he doesn't think they are worth talking about.

  10. Re:quote by RyuuzakiTetsuya · · Score: 4, Funny

    Sir, I'm a lawyer representing the estate of Mohandas Karamchand "Mahatma" Gandhi. You owe us $75,000 for the right to use that quote in public or we will sue.

    --
    Non impediti ratione cogitationus.
  11. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  12. Re:I thought by betterunixthanunix · · Score: 4, Insightful

    The letter was perfectly reasonable at its beginning -- the man was basically saying, "My job is to promote the financial interests of these people," which is at least honest. Then he says that a debate would be a waste of time, which is a bit insulting but not terrible as far as the things that copyright lobbyists say. Then he finishes the letter by saying that the copyleft movement seeks to silence criticism, which makes absolutely no sense whatsoever given that he was responding to a challenge to a public debate, and is basically just an attempt to play the victim.

    ASCAP should bury this guy before he makes them look any more desperate.

    --
    Palm trees and 8
  13. Lessig on Bill Moyers Journal by mb12036 · · Score: 3, Interesting

    I kind of felt like Lessig got beat up a little bit on Bill Moyers Journal when he debated Nick Gillespie on the Citizen's United campaign finance case. Gillespie was skillful enough to make the pro-corporate-money position seem...well...reasonable. And Lessig seemed ill at ease with the whole thing. I don't know if anybody "won" that debate, but Lessig definitely didn't win - which is surprising since he was clearly arguing from the high ground. It was actually a little scary to watch how deftly Gillespie dispatched all Lessig's jousts about corporate money in campaigns. If somebody at ASCAP has skills like Gillespie's, they might not have that much to worry about. More props to Lessig, despite all that, for wanting to keep these debates in a public forum.

    Link at: http://www.pbs.org/moyers/journal/02052010/profile.html

    1. Re:Lessig on Bill Moyers Journal by Anonymous Coward · · Score: 2, Insightful

      This is why political debates are a waste of time -- sure, it forces both sides to bring out their best arguments, but everyone's already picked a side; if the enemy makes their position "seem...well...reasonable", that only means they're skillful, but our guy is "clearly arguing from the high ground".

      I haven't watched the debate in question, but your statement reeks of unrecognized bias -- you take the correctness of your position so axiomatically that you can't admit the other side may have a point. Don't worry, there's a capitalist-libertarian somewhere going on about how despite Lessig's debating skill, the simple truth of Gillespie's argument won out.

      (FWIW, I'm not pitching the "more polarized than ever" line -- it's always been like this, and political debate has always been like this for almost all people, almost all the time.)

  14. you do not debate the beast by circletimessquare · · Score: 4, Insightful

    you kill the beast

    ascap's existence is due to a flow of cash that is being threatened by technological change

    so there is nothing to debate, there is only the relentless march of progress, and those who resist it because their revenue streams are drying up because of technological change are already living in denial

    with denial as their logical baseline, "debate" is an exercise in absurdity. there's simply nothing to debate or talk about: ascap's position is logically untenable from the start, yet they continue to hold their position, therefore, logic will not nor ever sway them. force is the only language they know or understand. so they must be forcibly killed off (by this i mean it becomes acceptable to deny them their revenue streams, i'm not talking about real world physical violence: you have to be careful to note your words are only symbolic because there are real lunatics out there)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  15. Putting a face on an organization... by TheEyes · · Score: 2, Interesting

    ...isn't usually a problem; in fact it's usually a benefit. Maybe in other countries it is impossible to hate someone who never showed his face, but in the US it actually makes things easier. Whatever your political affiliation, one of the easiest and cheapest ways to disparage a group is to attach the words "big" or "faceless" to it. "Big" government, "faceless" corporations, "big" labor, etc. People don't trust you unless you can show them your face; that why for example BP was so eager to get a spokesman in front of cameras (too bad for them he made a douche of himself, but the point stands.)

    The problem with the ASCAP/RIAA et al. is that they simply don't have anyone they can trot out in front of a camera without it looking like a South Park cartoon. "Look, there's Lars now. [...] This month he was looking to have a gold-plated shark tank bar installed right next to his pool, but thanks to people downloading his music for free, he must now wait a few months before he can afford it." Hollywood has spent decades highlighting the rich and glamorous lives that their stars lead, with huge houses, fast cars, and all of that; now they've got to try to work against all their own marketing to tell us that these same artists are starving and they have to put ordinary blue collar workers into debt for the rest of their lives to support them.

  16. Not doublespeak; just depends on your perspective by TheEyes · · Score: 2, Insightful

    When Paul Williams is complaining about being potentially "silenced," he doesn't mean in the sense of being censored, or black-bagged or something. What he means is that Lessig, by offering to debate him and disprove his incoherent ramblings point by point, is preventing him from freely engaging the modern US press.

    For anyone who hasn't been paying attention the past fifteen years, there are basically three different, slightly overlapping, journalistic spheres, all of whom I label by their derogatory names:
    -The "liberal" media
    -The "mainstream" media, and
    -The "conservative" media

    The "conservative" media consists of everything owned by Rupert Murdoch, a nationwide network of conservative talk radio hosts (Limbaugh, etc), and a few attack websites, like the one that posted that doctored video that got that poor woman fired last week. The "liberal" media consists of MSNBC, a few liberal talk show hosts, and a large network of liberal websites like MoveOn.org.

    The liberal media basically exists to demonize and attack everything said by a Republican or by a member of the "conservative" media, and vice versa. Neither one cares about honest debate, or constructive discourse, or anything like that; all they care about is filtering out the facts that their audience doesn't want to hear, and only giving out the information that their audience does want to hear. This is why, for instance, every Republican congressman knew about that one case in Philadelphia where the New Black Panthers were accused of trying to keep a white man from voting through threat of violence, and being let off the hook by the Obama Justice Department, but none of them knew about the Minutemen trying to prevent Latino voters from voting by pointing guns at them, and being let off by the Bush Justice Department. Democrat congressmen, on the other hand, were all familiar with the Minutemen incident, but none at all knew about the New Black Panthers.

    Given this climate, it's obvious why Paul Williams would be horrified about an invitation to debate: nobody would know about it! The "liberal" media wouldn't cover it, because it would risk their audience knowing who Paul Williams is, and the "conservative" media wouldn't cover it, because it would risk letting their audience know who Larry Lessig is. That's two-thirds of the press, gone, right off the bat.

    Now, you ask, what about the "mainstream" media? Unfortunately, the "mainstream" media has, somehow, decided that journalists can't--or maybe shouldn't--influence the national discussion by injecting pesky things like facts or logic. Their job is to simply report on what the liberal talking heads are saying, then report on what the conservative talking heads are saying, and then try to tie them both into some kind of "narrative". Note how "facts" or "truth" don't come into play here; that's not the point. The mainstream media is "balanced," which to them means it doesn't matter if one side is right and the other side is wrong, or one side is lying and the other side is telling the truth. Their job is to simply report, to tell the story, not to inform anyone.

    These are the people who told the story about WMDs in Iraq, and kept the story going until we were embroiled in a two-front war and ignoring the front that had Bin Laden in it. These are the people who told the story about Obama's rise to power, and kept it going until he won in a landslide. These are the people who talked about the health care "debate"--note the lack of any details about what was in the bill--and kept it going until we lost all hope of true reform. And these are the people who are telling the story about how Republicans are resurgent this year, and will keep telling it until they've taken over Congress, passed huge austerity measures, and, just like in 1937 when the Republicans started cutting spending in a big recession, plunge us into a double-dip, which last time we didn't really get out of (WWII was a weird situation all around economically speaking)

  17. Re:quote by sconeu · · Score: 4, Funny

    I assume you mean Gandhi, not Mead.

    Or were you talking about mating habits in Samoa?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.