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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."

31 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 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.

    4. 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.
    5. 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.
    6. 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.

    7. 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.

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

      What is this ASSCAP organization of which you speak?

    9. 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.

    10. 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.

    11. 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.

  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.
  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;
  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.

  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

  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. 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.