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Why Money Doesn't Motivate File-Sharers

nk497 writes "File-sharers aren't motivated by financial gain, but by altruism, according to an economist. Joe Cox, of the Portsmouth Business School, said those uploading content for others to share don't see what they're doing as illegal, meaning current tactics to deter piracy are doomed to fail. 'The survey data suggested there was a deep-seated belief that this type of activity shouldn't be illegal, that there was no criminal act involved.'"

633 comments

  1. Duh? by betterunixthanunix · · Score: 5, Insightful

    This is news? Did anyone think that file sharers were making money?

    --
    Palm trees and 8
    1. Re:Duh? by houstonbofh · · Score: 4, Informative

      This is news? Did anyone think that file sharers were making money?

      The *IAAs do. That was the basis of the pirate bay case.

    2. Re:Duh? by stoolpigeon · · Score: 1

      Yeah - this is news to some people, which just confirms how out of touch many government and business leaders are.

      I think it's safe to say that as much as they've tried, people can see that file sharing causes no harm. I don't think it's anything new that people ignore laws with no underpinnings in reality.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    3. Re:Duh? by raddan · · Score: 2

      Believe it or not, the study of incentives is a very hot topic at the moment, across a whole range of disciplines, including computer science. The reason? Large groups of people using the internet do not behave the way economists/game theorists expect, and for the first time, it is possible to measure these behaviors on a large scale. Online labor markets in particular would benefit from better models.

      I have not yet read the article, but I suspect that the author is confusing 'altruism' with 'mutual benefit'.

    4. Re:Duh? by Vanderhoth · · Score: 2

      I can see how file sharing does harm some. The issue is, as I see it, the entities it does harm are greedy and have been screwing us for years. Unfortunately the little people, ("artist", "developers", etc..) are the ones getting caught in the cross hairs.
      If I buy a piece of music I should be allowed to share it with my wife, so the fact that the *IAA comes out and says, "No your wife also needs to buy a copy of that to listen to it", only infuriates me and makes me see sharing as a cause.

      I'm a developer, but I love what I do, I want people to use my software and am paid on salary. If I was paid a minimal amount per-copy of my software sold, I might be a little more upset when I find one of my applications on a torrent site. However, my company doesn't make money off my software, they make money of the results of it, so people sharing the application I wrote makes my company money.

    5. Re:Duh? by Skarecrow77 · · Score: 3, Insightful

      I'm pretty sure it's the file sharers who are out of touch if they don't see what they're doing as illegal.

      You can't make something legal by wishing it. These aren't fairies we're talking about here. you're not going to clap your hands and have tinkerbell drop legal blu-ray rips into your lap.

      If you believe that the current model is outdated, You can lobby. you can vote. you can inform. you can raise awareness. you can debate. but just ignoring the fact that it's illegal doesn't make it legal.

    6. Re:Duh? by choko · · Score: 5, Insightful

      The IAAs can't fathom why a person would do ANYTHING unless they are being paid for their work. There is a fundamental difference in philosophy here. These are the same people that think everyone is motivated by the same greed that they are.

    7. Re:Duh? by metrix007 · · Score: 5, Insightful

      When a law makes illegal something that a significant number of people do and don't see as wrong, that is a problem with the law, not the people breaking it. Indeed, such laws should continue to be broken.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    8. Re:Duh? by geminidomino · · Score: 4, Insightful

      I'm pretty sure it's the file sharers who are out of touch if they don't see what they're doing as illegal.

      No, it's just more evidence that our so-called "representative government," well... isn't.

    9. Re:Duh? by Anonymous Coward · · Score: 0

      Clearly you haven't looked at how governments work - they encounter some situation where they can't do what they want because it is illegal or something they don't like is legal and hey presto just by wishing it they make a new law.

      Just because they have the power doesn't make them right...

    10. Re:Duh? by zeroshade · · Score: 2

      True, you are correct that just ignoring the fact that it's illegal doesn't make it legal. However, there are two driving forces that enable laws to work, 1) fear of punishment (vs risk of getting caught) and 2) the moral belief that what is illegal should actually be illegal. If the risk of getting caught for something is very very low, the only thing that makes people obey a law is that they believe it is wrong and that it should be illegal. If the majority of people believe that something that is illegal shouldn't be illegal and there is very little chance of being caught, then they aren't going to respect the law and will not follow it.

      It's a case of psychology. not to mention that if a law criminalizes a majority of the population, it can't possibly be a good law.

    11. Re:Duh? by jellomizer · · Score: 1, Insightful

      Harm...
      1. It is now much harder for musicians to land recording contracts. Because music industry will only record big sellers as the other types would spread via file sharing.

      2. Not respecting the license is a bad thing pirating software is just as bad as taking GNU software bundling it and not giving access to the source.

      3. Distorts supply and demand and free market economy as it creates a high supply lowering the cost of the software. Meaning us professionals don't get paid alot.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    12. Re:Duh? by disi · · Score: 1

      Sure you can, if you can gather enough people with the same idea.

      The rules are made to make our living better in a society and not to increase profit for some companies.
      Laws can be changed... unfortunately that doesn't happen too often.

    13. Re:Duh? by HungryHobo · · Score: 0

      People are brought being told again and again and again that sharing is good and that they should share their things with each other.

      And then they grow up and get in trouble for doing what is lauded elswhere in life.
      and to make it even more absurd it's when they're sharing things which are infinitely sharable where nobody is deprived of anything by the sharing.

      The problem is that copyright law does not flow smoothly from anything natural in human psychology nor in normal human society.
      Humans share music, stories and culture like they breath, it's as if the drive is built in at a low level of the human brain.

      Copyright is an awkward legal hack put in place to keep book publishers happy hundreds of years ago and it remains an ugly hack.

    14. Re:Duh? by jejones · · Score: 3, Insightful

      How would that notion apply to the Civil Rights Act of 1964? The whole point of the US government is that there are checks and balances even against the people. It shouldn't be possible to deprive people of their rights just because a significant number of people think it proper.

    15. Re:Duh? by shutdown+-p+now · · Score: 4, Informative

      Did anyone think that file sharers were making money?

      "Financial gain" != "making money". It can also mean "not spending money".

      And yes, I do think that it is precisely what motivates the majority of file sharers in practice. Actually, that's what TFA says as well:

      For the leechers, pretty obviously, the major motivation was financial. They wanted to acquire music or films without paying for it because it was cheaper than going out to buy it.

      What was interesting was the difference with the seeders, and it was quite apparent that financial motivations were nowhere near as prevelant; it was a kind of altruism.

      So most leechers (who make up the majority on any file sharing network) are, in fact, motivated by money. Most seeders are not, however (duh).

    16. Re:Duh? by just_another_sean · · Score: 2

      3. Distorts supply and demand and free market economy

      How is it distortion though? It is definitely, provably, trivially easy today to make a nigh infinite number of perfect digital copies and distribute it to the masses for an order of magnitude less then it used to. Where are the savings that should be passed along to the customer now that the market has so radically changed? If anything, it is copyright lobbying and the media campaigns of the *IAAs that distort the reality of the free market.

      On that note, I don't think anyway who supports 75+ years of copyright has any business bandying about the terms "free market" in the first place.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    17. Re:Duh? by king+neckbeard · · Score: 1

      Where are you getting the idea that they don't think it's illegal? Illegal and wrong are not one in the same.

      --
      This is my signature. There are many like it, but this one is mine.
    18. Re:Duh? by oldspewey · · Score: 1

      You can lobby. you can vote. you can inform. you can raise awareness. you can debate.

      Yeah, those have worked really well as a counter to the extremely well-funded, well connected campaign being run by the RIAA/MPAA. Just look at how the government is scrambling to amend laws and scale back corporate power.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    19. Re:Duh? by Skarecrow77 · · Score: 1

      Laws are not changed by people sitting at home doing nothing proactively towards changing the laws, which is what my point was.

      The FA basically says "file sharers don't think it's illegal", when it very obviously is. It's probably worded poorly, it probably should say "file sharers don't WANT it to be illegal", in which case there is a long road ahead with some entrenched foes.

    20. Re:Duh? by Skarecrow77 · · Score: 2

      It's a case of psychology. not to mention that if a law criminalizes a majority of the population, it can't possibly be a good law.

      Well, with the possible exception of civil rights laws, as someone else pointed out, I agree.

      My line of thinking is that just sitting at home DOING it isn't likely to get anything changed given the opposition.

      I have the utmost respect for people like the pirate party. These people are putting money, their reputations, and possibly even their livelihood, where their mouth is.

    21. Re:Duh? by AhabTheArab · · Score: 1

      I do it mostly because I'm a cheap bastard.

    22. Re:Duh? by Skarecrow77 · · Score: 2

      Where are you getting the idea that they don't think it's illegal? Illegal and wrong are not one in the same.

      let me check

      Joe Cox, of the Portsmouth Business School, said those uploading content for others to share don't see what they're doing as illegal

      ^ right there.

    23. Re:Duh? by idontgno · · Score: 3, Interesting

      ObStarTrek reference:

      Think Ferengi. Altruism is criminal, or insane, or both. Not turning a profit on any transaction is Against The Ferengi Way.

      That's the *AA for you.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    24. Re:Duh? by stoolpigeon · · Score: 1

      Point 1 is not harm, it's good. Have you looked at what the music industry does to artists with those contracts?
       
      2 - it being "bad" doesn't constitute harm.
       
      3 is wrong. There's no "supply" of digital files. The amount professionals get payed has nothing to do with file sharing. Your thinking seems to be following the logical error that shared files are equal to lost sales.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    25. Re:Duh? by Skarecrow77 · · Score: 1

      Well those are pretty much your only options unless you go the extreme libertarian route and start a militia.

    26. Re:Duh? by metrix007 · · Score: 2

      I agree with what you wrote, the problem is of course that the government currently grants an unreasonable amount of power/rights to copyright holders. Until that is fixed, such silly laws that allow for millions in damages for sharing a few songs should be rightfully ignored and broken.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    27. Re:Duh? by Anonymous Coward · · Score: 0, Informative

      Umm, no. When the law is "don't step on the grass in the park" I'll give you that. When the law is "don't steal stuff", having a lot of people think it's OK does not make it alright to just break it.

      Like it or not, there's no difference between walking into a 7-11 and stealing a 99 cent candy bar than there is pulling the latest 99 cent song of choice off of The Pirate Bay. They are both taking something that has a set value for nothing, and it's real hard to argue that shoplifting is OK.

    28. Re:Duh? by HungryHobo · · Score: 5, Insightful

      I put this post up before with a few more spelling mistakes but I think it might fit this topic too...

      You know I sometimes wonder if the world would be a richer or poorer place without copyright, plenty of things would be different certainly and those who make their money from the current system will of course tell you the world would be a poorer, worse off world for it.

      It's almost taken as a given that the world would have less creativity without copyright but I do wonder.

      If the chef at your local restaurant had to pay royalties whenever he used a recipe published by a celebrity chef would you have a tastier and more enjoyable meal?
      What if he risked being sued into the ground if he created a derivative work by altering the recipe slightly without a license?
      or would you just have a more bland, unoriginal, uninspired and ultimately vastly more expensive meal?

      If your hairdresser had to pay royalties whenever some kid comes in with a magazine picture and says they want their hair to "look like that".
      Would everyone have far more interesting hairstyles or would it just cost far more and see people getting sued for doing their own hair at home in a copyrighted style?

      Both these things are creative and also involve a skill much like storytelling or playing a musical instrument and in both cases I've heard of people trying to get copyright protections extended to cover them.

      Imagine a world where in the 17th century someone had decided that recipes and cooking should fall under copyright along with books.
      You can be sure that were someone to call for it's repeal 300 years later there would be no lack of "professional recipe composers" who would talk about how much work they put into working out new recipes and the time and effort it takes and how we're bad people for implying that they haven't worked hard and that they somehow don't deserve a cut whenever someone follows their recipes.

      of course in a world where we're all free to take someone elses recipe, use it, copy it, publish it or even claim it as our own we know very well that fuck all harm has been done to the industry for the lack of legal protection on such creativity.
      We live in a world where everyone has family recipes but hardly anyone has family music.

      In a world where such legal protections existed and nobody ever knew such an open and unprotected situation as we have in this world it would be very easy to claim that there would be no creativity, no well paid chefs and that setting up a kitchen would be pointless since someone else would just copy the chefs recipes.

      Similarly it's taken almost as a given that the world would have less good books, less good stories and less origionality without copyright but try questioning that even for a moment.

      Of course someone is going to complain that composing and cooking a good meal can't be compared to composing and playing a good piece of music because..... well just because!

      Who knows, the flip side of my argument is that perhaps if recipes had been made copyrightable 300 years ago and someone could charge you money every time you used their recipe there would have been more investment in automatic food preparation(for the sake of consistency, avoiding unintentionally creating unlicensed derivative works and accounting of who has used what recipe) and we'd all have autocooks like we all have MP3 players and every meal would be up to the standards of a master cheff.

    29. Re:Duh? by Anonymous Coward · · Score: 1

      I'll play devil's advocate. Because a group of people band together with similar ideals or their ideals change because it benefits them in some way does not mean they are not in the wrong. It is one thing to argue the ideals of freedom under a tyrannical government but a totally different scenario when comparing tyranny to "I can't afford this so I'll download a copy of the music digitally because it's "free"." They aren't the same fight.

      As I've become older and have more cash I tend to have less issue spending it on single tracks or games through steam. However, I still have major qualms with iTunes (no simple way to move music from one machine to another even though I purchased all the music with the same account) and the other restrictions placed on what I've purchased. You *don't* have restrictions on making a backup copy of a CD and you should not of the digital version either. There are all of these arbitrary mandates on how to use the digital files even though as soon as that CD is in digital format you have the *exact* same type of file. The music should be a vanilla file, just as ISPs should be dumb pipes. The song should not care whether I play it in iTunes, Winamp, a burned CD to play in a CD player in my car, an Ipod, a Zune, etc.

      I do believe there is a fundamental difference between arbitrarily sharing music and downloading songs for one's personal use; however that then becomes the question of the chicken in the egg as you cannot have one without the other. The thing is music sharing is like terrorism cells. If you cut off what you *think* is the head another grows in it's place. It is a war that has no ending regardless of the price paid during the war. Both sides see themselves as in the right.

      My personal belief is that the RIAA and MPAA need to be dismantled. They are no longer needed and basically just middlemen. While it would initially put a lot of people out of work, in the long term they would all find jobs elsewhere in their respective positions or higher. The thing is the recording industry has always been out to screw the artists even before Ray Charles or Johnny Cash. While many artists may not have the initial business acumen they can get someone who does and they eventually learn over time.

    30. Re:Duh? by funkyloki · · Score: 2

      You mean...the FerengIAA

      --
      Scientists now say the future will be far more futuristic than originally believed
    31. Re:Duh? by Ephemeriis · · Score: 1

      1. It is now much harder for musicians to land recording contracts. Because music industry will only record big sellers as the other types would spread via file sharing.

      The music industry was already signing big sellers long before anything like BitTorrent or Napster existed. The recording industry isn't interested in new and interesting and unique and talented individuals. They're interested in making money. They want artists with the widest appeal. They've never wanted niche artists.

      Additionally, the notion that musicians should be profiting from pre-recorded offerings is a fairly new one. Traditionally musicians have made their money off of live performances. Which is still very possible.

      Plus, digital distribution enables niche musicians to get the word out much easier. Somebody who never would have gotten a record deal can throw some MP3s on a website somewhere and drum up some interest. They may not make a lot of money off album sales, but they could drum up enough interest to sell a show or two.

      Jonathan Coulton is a fantastic example of how digital distribution has enabled niche musicians to succeed.

      2. Not respecting the license is a bad thing pirating software is just as bad as taking GNU software bundling it and not giving access to the source.

      I will agree that you basically either get to respect copyright law or not... And if you aren't going to respect copyright law then the whole GPL thing kind of falls apart. That is true.

      But the key difference is one of power dynamics.

      The GPL tries to ensure that the person using the software has the freedom to modify and compile the code. It is an attempt to empower the individual.

      The kind of copyright law that the RIAA is throwing around tries to ensure that the person listening to the music has no freedom at all.

      3. Distorts supply and demand and free market economy as it creates a high supply lowering the cost of the software. Meaning us professionals don't get paid alot.

      Digital distribution messes with supply and demand - not piracy.

      Digital distribution means I can make billions of copies of something with basically no effort. Need another copy of Doom? Or Office 2007? Or AutoCAD? Just make a copy. Takes up some bandwidth... Maybe some space on a disk... Maybe you spend a dollar or two on a blank disc... But it's basically free. It isn't like trying to make another chair or desk or car - things that take real resources.

      The fact that you can make copies for free means that it doesn't cost any more to make 1,000 copies of Office than it does to make 1 copy of office. That's what's messing with your supply and demand. Not piracy.

      Even without piracy, you've basically got infinite supply.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    32. Re:Duh? by Anonymous Coward · · Score: 0

      I'm pretty sure it's the file sharers who are out of touch if they don't see what they're doing as illegal.

      They don't understand why the sellers can use one copy and sell it millions of times, with just a flick of a button, while they pay for everything from marketing to packaging and they get replicable software.

      You can't make something legal by wishing it. These aren't fairies we're talking about here. you're not going to clap your hands and have tinkerbell drop legal blu-ray rips into your lap.

      Yes you can.

      If you believe that the current model is outdated, You can lobby. you can vote. you can inform. you can raise awareness. you can debate. but just ignoring the fact that it's illegal doesn't make it legal.

      It is outdated. You can't lobby because you don't have money, you can vote, but with the government control over the media, they'll do whatever they want. We can and will inform people, we do raise awareness, and we debate.
      the fact that it's illegal doesn't make it legal - some years ago, in a town a law was abolished, it stated that anyone found guilty of witchcraft would be burnt to the stake. Guess what, it was a large town, some people probably practised witchcraft there, but weren't punished. Why not? It's illegal, damn it!!!

      The government exists to serve the people, not the other way around.

    33. Re:Duh? by stoolpigeon · · Score: 1

      It is possible to deprive people of their rights because a significant number think it is proper. Whether it should be that or way or not is immaterial. That's why it took so much time and effort to get things to where they are now in regards to civil liberties and why we still have so far to go. We wouldn't be where we are if it weren't for the fact that more people wanted change than didn't.
       
      In the case of file sharing the situation is flipped. No one but a very small group who derive gross benefit from restricting file sharing want it stopped.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    34. Re:Duh? by Monkeedude1212 · · Score: 1

      So - when we vote, inform, raise awareness, and debate the issues, and the only thing we can't do is Lobby because we don't have the money to contend with the *IAAs, where does that leave us?

      Still Illegal? Probably.

      We're not out of touch if we don't see what we're doing is illegal, its a matter of principle. There are a number of people who choose to file only a portion of their taxes - and then get audited the next year, and their explanation is usually along the lines of "I paid the taxes for roads, schools, welfare, health care. I didn't pay the taxes for the military, national defense, body scanners at the airport, and corporate bailouts. I'm not stealing from the government, I just didn't pay the full amount based on principle" (Yes I stole most of that from a movie, but it does an excellent job of summing it up).

      I think you are the one who is out of touch if you don't see the problem. The laws are governed more by who has the most money - not by raising awareness - not by debating. Look at Proposition 19 in California (I'd rather not have THIS topic spur into another debate, I feel just bringing it up will result in a flood of replies about it). If you don't have the money, you don't make the laws. So even if a majority of the population does it, it can still be considered illegal.

      That doesn't seem a bit wacky to you? A government run BY THE PEOPLE is essentially banning an activity that A MAJORITY of THE PEOPLE partake in? Seems entirely undemocratic.

    35. Re:Duh? by Chapter80 · · Score: 4, Informative

      Actually, no, this is a Republic, not a democracy (assuming "this" refers to the United States).

      And no, this is not "majority rule". The US Constitution is specifically designed to protect the interest and rights of the minority, OVER majority rule.

      Sorry, were you trolling with intentional errors?

    36. Re:Duh? by Anonymous Coward · · Score: 0

      You've walked into that age-old argument whether or not file-sharing is stealing. The 7-11 has to buy the candy bar before anyone can steal it. But downloading a digital copy of a song takes just that, a copy. Not the original, and the only loss to anyone is the record label who lost a potential sale, but that would imply the person downloading would even buy the song otherwise, which isn't always the case.

    37. Re:Duh? by phyrexianshaw.ca · · Score: 1

      1. It is now much harder for musicians to land recording contracts.

      to some degree. at the same time, it's now MUCH easier to self promote. it means more work: but that's life.

      2. Not respecting the license is a bad thing

      if enough people disagree with the license, and refuse to honor it, maybe it should be changed? rather than trying to sue everyone viloating it and ENSURING that you lose customers in the future, maybe we should start thinking about changing the agreement?

      there was a day that slave agreements were handed out to the masses, they had no choice but to accept them, and they did not agree/broke the agreement as often as they could.

      3. Distorts supply and demand and free market economy

      I REALLY hope you're kidding. Markets collapse. that's life. there's NOTHING Illegal about that, nor should there be.

      Just because something somebody decided to make a living in stops being profitable, it's not up to the law to fix that.

      Start a business, go give people BETTER software/music, BETTER licenses, BETTER terms, and take a segment of the people that are file-sharing and come up with a way to enhance that experience for a price.

      When they start killing/physically harming/blackmailing/raping people, THEN get the law involved.

      until then, try new business practices, or get into a different market. there's nobody holding a gun to your head and stopping you.

    38. Re:Duh? by PeterBrett · · Score: 1

      I have the utmost respect for people like the pirate party. These people are putting money, their reputations, and possibly even their livelihood, where their mouth is.

      Why thank you (and if you're a UK voter, please join us -- it's only £12 a year).

      With respect to the article, it's just restating what we've been saying all along...

    39. Re:Duh? by Anonymous Coward · · Score: 0

      "I'm pretty sure it's the file sharers who are out of touch if they don't see what they're doing as illegal."

      I'm sure those people who prohibited alcohol thought they were in the right too, but that doesn't mean they are correct.

    40. Re:Duh? by Anonymous Coward · · Score: 0

      You can't make something legal by wishing it.

      Funy, as that is exactly what the music companies (and a few others) do.

      Disney: "We wish to pospone our side of the deal and not release our works the community for another .... 70 years"

      Law: "Done!

      Some company: "We want to have the exclusive right to something which did not cost us a dime to come up with, but will allow us to demand lots of mony from whomever uses it while at the same time stiffling our competition"

      Law: "Done!"

      Bottom line : With enough money to create pressure some wishes (just not the ones of the citizens) do become Law, even if its not good for the community.

    41. Re:Duh? by girlintraining · · Score: 2, Insightful

      I'm pretty sure it's the file sharers who are out of touch if they don't see what they're doing as illegal.

      There is often a misunderstanding about what "illegal" means. People very often equate illegal to immoral, as though the law was the standard for moral judgement. I think it would be more accurate to say that most file sharers do not believe their conduct to be immoral.

      In the past thirty years, how many laws have been striken from the books? Okay, and how many added? Most legal experts will tell you that the complexity of our legal and judicial process is such that at any point in time, you are probably in violation of one law or another. In fact, this is so commonplace that contracts often come with several paragraphs of pre-empting clauses, and attempt to dictate the jurisdiction for any claims arising from said contract. Paid professionals dedicate their careers to becoming knowledgeable in small pockets of this enormous system. It is utterly impossible for the average person to follow all the laws, all of the time, but the expectation that they do remains.

      So most people adopt simpler internal rules based on their religion, cultural norms, and personal history and live by those instead. And as long as that belief system doesn't conflict substantially with those around them, that is usually the end of it. File sharers are no different; And let's be honest -- this push for intellectual property laws is a recent invention, and not one that is well-understood or supported by the public, which is exactly why they have all these draconian laws on the books. Not because it's fair, or even supports their business model, but because people getting convicted under them make headlines. It's free PR when you sue someone living in their basement for $20 million bucks. Nevermind that it'll eventually get whiddled down, or settled, or even dismissed outright. These aren't legal costs -- these are promotional costs.

      The majority of people are either apathetic to intellectual property (don't know, don't care), or somewhat hostile towards it. Only a small minority support it, and those are usually people with "something to lose"; i.e. middle-aged adults who now own property, have a family, etc., and while they might be morally opposed to it, they're not going to rock the boat, so in essence they support the paradigm by inaction. Besides that, the very rich, for obvious reasons: They get rich by creating artificial markets, like "intellectual property"

      --
      #fuckbeta #iamslashdot #dicemustdie
    42. Re:Duh? by Anonymous Coward · · Score: 0

      Point 1 is not harm, it's good. Have you looked at what the music industry does to artists with those contracts?

      Gets them enough money to live on plus a trillion tons of vagina (making the money redundant)?

    43. Re:Duh? by Yvanhoe · · Score: 4, Interesting

      Actually, there is the world of haute-couture where designs are not protected by copyright, trademarks, patent, etc... Therefore, they have to invent new things every year. Looking at how desesperatly innovating this industry is, I have no doubt that a world without copyright and intellectual property would go much much faster.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    44. Re:Duh? by Skarecrow77 · · Score: 1

      You can't make something legal by wishing it.

      Bottom line : With enough money to create pressure some wishes (just not the ones of the citizens) do become Law, even if its not good for the community.

      my point exactly.

    45. Re:Duh? by blahplusplus · · Score: 1

      "If you believe that the current model is outdated, You can lobby. you can vote. you can inform. you can raise awareness. you can debate. but just ignoring the fact that it's illegal doesn't make it legal."

      Do you really think most people are intelligent and informed enough to make just laws? The people are so stupid that they have allowed the corporations to extend copyright indefinitely.

      http://en.wikipedia.org/wiki/File:Copyright_term.svg

      You are insanely ignorant and naive, the only path now is resistance - i.e. ignoring the unjust law lobbied into existence by the powers that be.

    46. Re:Duh? by Anonymous Coward · · Score: 0

      Laws are man-made. And they constantly change. How are we to believe that the current set of laws is the right one?

    47. Re:Duh? by Kjella · · Score: 1

      Perhaps there is a difference between "file sharers" and "the operators of a top 100 most visited website". Just saying that they aren't very representative of file sharers or even people operating a little server or hub in pretty much any regard.

      --
      Live today, because you never know what tomorrow brings
    48. Re:Duh? by Anonymous Coward · · Score: 0

      The question here is: who is being deprived of what?

      Yes, companies are deprived of some profit. (Although even that's been contested.) Companies may have a ridiculous amount of rights these days, they aren't people in the sense that you can expect real people to instinctively care about companies as they do for other people.

      Then there's the artist. There may be some small artist who actual suffer from this, but face it, 99% of the material is from artists who make a very decent living. Being ridiculously rich may be legal, and even protected by law in this matter, but again, you can expect people to instinctively consider that fair in any way.

    49. Re:Duh? by Anonymous Coward · · Score: 0

      No, it's just more evidence that our so-called "representative government," well... isn't.

      It's a pretty representative government. It isn't our representative government, however. It's the plutocrats', and it represents them quite well.

    50. Re:Duh? by Barrinmw · · Score: 1

      Oooh, I can find the difference.
      The guy who owns the 7-11 now has to pay to replenish his stolen inventory whereas if you download a song, nobody has to pay anything to replenish inventory.

    51. Re:Duh? by Skarecrow77 · · Score: 1

      Illegal and immoral are different. What you're talking about is immoral.

      Legality and morality have NEVER been the same.

      This is partially due to varying definitions of morality. your morality is not my morality is not obama's morality is not micheal steele's morality etc.

      As I mentioned in another post, if you want to change laws, you can change things slowly by changing public opinion, or you can change things quickly with guns and a militia. Which ones are you more likely to do?

      Millions of dedicated citizens do still wield more power in this country than corporations. The problem is I don't think most people are as dedicated to the cause as you seem to think they are.

    52. Re:Duh? by phyrexianshaw.ca · · Score: 1

      I disagree.

      Personally, and like many of the people I know, I don't file-share because it saves me any money OR because I don't have money in the first place.

      I do it because I'm not going to waste money giving it to a studio that does things I disagree with. I'll grab a copy of a CD and spend some time putting some research into the artist. If I feel that the artist deserves money from me: I'll gladly support the studio for signing, (as they did the artist a favor, and should be compensated for that work)

      however, when I get a hold of a movie (or any other work for that matter) that was only put together because a bunch of people thought: "the masses will eat this up" and the limit of the creative talent contributed to the making of the film amounts to a single producer that has a history of suing people because he needs a new car this year,
      I'll watch it, try and see if any of the people that worked on it have earned my purchase price from the work, and then decide if I'm going to support a studio that's just trying to live a short-sited life of "make as much money as you can, and screw every one", or not.

      But then again: I'm also someone who watches (and appreciates) the credits to every film I see. So I guess I'm likely the minority.

    53. Re:Duh? by psbrogna · · Score: 1

      It depends who the laws are meant to serve- people or companies. If, as I understand it, laws (& gov't) are meant to serve people, then why shouldn't a group of people making a statement about a particular law be relevant? I'd prefer my gov serve citizens and not give a whit what Big. Co.'s agenda is.

    54. Re:Duh? by Anonymous Coward · · Score: 0

      I can't agree with that. How would your notion apply to the 100 years prior to the Civil Rights Act of 1964? The reason why such laws were passed was because they were unpopular at the time. Remember when Dred Scott tried to sue for freedom? Where were the checks and balances then? He failed because slavery was popular at the time. Discrimination failed because it was no longer popular. I think that is the GP's point.

    55. Re:Duh? by Lumpy · · Score: 0

      I have all my music on my home NAS where 4 mp3 players can play from it, I also have copes on my phone and my wifes phone. BY THE LAW and by the RIAA's own statements I'm a dirty stinking thief.

      1 for ripping my CD's to mp3.
      2 for putting the music on more than one device.
      3 for sharing with my wife and daughter.

      --
      Do not look at laser with remaining good eye.
    56. Re:Duh? by somersault · · Score: 1

      The summary should have made a distinction between wrong and illegal. It definitely is illegal, but lots of people don't see it as wrong.

      Also, finance is clearly involved otherwise these people would just buy the stuff. With movies you could still make the argument that BitTorrent is more convenient or higher quality than alternatives - especially outside of the US - but with music the only reason to receive/share music without the author's permission is that you're a freeloading douche. In my opinion, of course.

      --
      which is totally what she said
    57. Re:Duh? by calderra · · Score: 1

      100% correct. Back in the day, I bought a lot more music, and that was at the height of my music downloading. I tried albums before I bought, I listened to music constantly, and it spurred my buying. (And music piracy does NOT deprive anyone of their own product). Now that I can't download music as freely, I don't purchase as much music either. A large part of that is screw you RIAA, but the larger part is that I just don't participate as much in music when I'm not downloading. Although, all the money I used to spend on albums, I now spend exclusively at the merch tables of my favorite small-label indy-ish bands (GWAR, KMFDM). I'll drop a whole year's music budget on GWAR T-shirts. I want to spend on music, I'm just not spending a damn penny on RIAA if I can possibly help it. They publish this as "piracy has caused us to lose sales", I publish it as "screw you RIAA I'm taking my business elsewhere".

    58. Re:Duh? by JockTroll · · Score: 5, Insightful

      The *IAA can't fathom why THEY shouldn't be paid for SOMEONE ELSE's work. FTFY.

      --
      Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
    59. Re:Duh? by Mordok-DestroyerOfWo · · Score: 2

      Not turning a profit on any transaction is Against The Ferengi Way

      Which Rule of Acquisition is that?

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    60. Re:Duh? by commodore64_love · · Score: 2

      Without copyright, artists would be living in gutters like Edgar Allan Poe used to do. HOWEVER the lifespan on the copyright should be no longer than the original act (14 yrs) plus possibility for renewal if the author is still alive.

      As for motivation:

      I don't usually share, except on Private trackers having restrictions that block you if you do not upload ABOVE 1:1.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    61. Re:Duh? by Skarecrow77 · · Score: 1

      ignoring the law is not the same as resisting the law.

    62. Re:Duh? by Rakshasa+Taisab · · Score: 0

      And how does that apply to the time _BEFORE_ the Civil Rights Act, or even back when slaves were property.

      You can come with the argument that civil rights laws prove civil disobedience is morally wrong, but that kinda ignores quite a lot of the history leading up to those laws being passed... A place where the fight for civil rights included breaking laws, even ones supported only by a minority.

      --
      - These characters were randomly selected.
    63. Re:Duh? by GreatBunzinni · · Score: 5, Informative

      I'm pretty sure it's the file sharers who are out of touch if they don't see what they're doing as illegal.

      It's ironic that you are accusing others of being out of touch by claiming that file sharing is illegal. In fact, it is only illegal under some jurisdictions and, if that wasn't enough, only on very specific circumstances. Let me explain.

      First of all, you must be aware that when people talk about "file sharing" or, nowadays, even "piracy", they are referring to nothing more than a copyright violation. That means that the issue is none other than distributing a work of art without the copyright owner's* explicit authorization. This bit of information is important to understand this issue, as there is a lot of FUD and propaganda muddying the waters, so that ignorant folk believe nonsense such as "you wouldn't download a car" or "copying a file is theft".

      Now that we know that this "file sharing" thing is nothing more than distributing works of art without the copyright owner's explicit authorization, you must understand the rules which are implemented in different jurisdictions. For example, in countries that follow the French tradition of copyright law, it is very legal to distribute a work of art without the copyright owner's explicit authorization. It's legal to copy and distribute any work of art, provided that the sharing is being done whole following a couple of conditions, which are:

      • The work is shared without any commercial compensation (i.e., the sharers aren't making a buck out of it)
      • The distribution doesn't affect the commercial distribution in a meaningful way

      So, in any jurisdiction that recognizes those basic values any citizen is free to distribute any work he wishes, provided that he isn't earning money from it and that he isn't personally responsible for undermining the entire commercialization of that work of art.

      As a consequence, we have countries where it has been explicitly declared that sharing files is perfectly legal.

      You can't make something legal by wishing it.

      In the same manner, you can't make something illegal by mindlessly claiming that it is.

      These aren't fairies we're talking about here. you're not going to clap your hands and have tinkerbell drop legal blu-ray rips into your lap.

      Of course not. You just go to the library and pick up any book, CD, DVD or leaflet, or even just right-click on a file and click "download". It's much, much easier and simpler than getting tinkerbell involved. And perfectly legal, too.

      If you believe that the current model is outdated, You can lobby. you can vote. you can inform. you can raise awareness. you can debate. but just ignoring the fact that it's illegal doesn't make it legal.

      See, you wasted your post mindlessly repeating that it is illegal without pointing out a single evidence that it is so, no matter where you are, no matter where you are from. Meanwhile, people who happen to live in civilized countries whose legislative branch wasn't (yet) dominated by content distributors do enjoy some legal rights, including the right to access copyrighted works without the owner's explicit authorization (i.e., file sharing). But keep drinking that kool-aid and repeating your "it is wrong, mmmkay?" mantra.

      * the sad state of affairs is that some jurisdictions bastardized their legal concept to change "author" to "copyright owner" and then make it possible to transfer copyrights from the artists, those who actually produced the work, to commercial entities who dedicate themselves to market and distribute what they label as "content". Therefore, this copyright issue, in those jurisdictions, stopped being about copyright but about the ability for a corporation to control and hold content hostage.

      --
      Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
    64. Re:Duh? by bberens · · Score: 4, Informative

      There was a video about this very subject a while back on SD. Essentially you can't patent/copyright a "look" or things that are too common like clothes. Therefore you have things like giant horrendous LVs all over Louis Vuitton clothing. You can still go after them for trademark infringement.

      --
      Check out my lame java blog at www.javachopshop.com
    65. Re:Duh? by Schadrach · · Score: 1

      There is one distinct difference -- the 7-11 no longer has the candy bar, and is thus unable to sell it.

      So it depends on what part you perceive as the reason for shoplifting being wrong -- is it wrong because you received the candy bar without paying for it against Hershey's (not the 7-11s, mind you) wishes, or is it wrong because you deprived 7-11 of a candy bar (their property) against their will?

    66. Re:Duh? by Americano · · Score: 1

      Problem is, you and I both know that the RIAA isn't typically hunting down the person who burns a mix CD for his girlfriend from his iTunes library, or the girl who emails her boyfriend a couple MP3s of songs she thinks he'll like. (How would they ever even know you've done this? They are not tracking 6 billion people in real time.) They're going after people sharing on file-sharing networks, and generally (though not always) the larger-scale offenders. There's sharing, and then there's massive worldwide distribution. I'd say when you start handing out more than a handful of copies to friends and family, and throw it open to anybody with a network connection, there's a legitimate problem. The RIAA/MPAA are certainly overzealous in their pursuit of "justice," but neither side has clean hands.

      If the artist wants to share their music (and many do, with free downloads, previews, etc.), then great - but if you're taking it upon yourself to distribute that artist's music to any random stranger who wants a copy, and calling that some sort of altruistic sharing, I'd say you're overreaching in your attempt to rationalize behavior that is morally gray, and rather unambiguously illegal.

    67. Re:Duh? by Andrewkov · · Score: 1

      The costs of writing and recording the music are paid before hand. Not to mention tens of thousands of hours of practice and experience it takes to get to that point.

    68. Re:Duh? by Anonymous Coward · · Score: 0

      You can lobby. you can vote. you can inform. you can raise awareness. you can debate.

      You still believe in all that? How cute.

      They have lobbyists, lawyers and PR who get paid. Do you really think "we" want to do the same stuff for free? Or that we even have time to do it? The train has long since passed. Fake votings, unpaid volunteer work against paid professionals and internet debates don't work.

    69. Re:Duh? by MightyYar · · Score: 2, Informative

      deprive people of their rights

      You are confusing or conflating natural rights with copy "rights". Copyrights are completely artificial and have no basis in morality. They are a government-constructed entity - like a corporation or paper money. The only similarity to civil "rights" is that the same word is used for both.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    70. Re:Duh? by Anonymous Coward · · Score: 0

      Sorry, were you trolling with intentional errors?

      Sounds like you were the troll. democracy, republic, tomaytoe, tomahtoe. Both refer to the concept of rule by people, and you knew it. Any difference is irrelevant with respect to the GP. Actually, the US is a plutocracy.

      The US Constitution is specifically designed to protect the interest and rights of the minority ...

      Don't know where you got that from. The idea of the constitution was to limit the powers of the government. And for the record, this is not a troll for errors either; you were just so completely off.

    71. Re:Duh? by Carik · · Score: 2

      Assuming "this" is America, you're wrong. If the majority of people convince their elected officials to vote something into law, then that is the law. But you can't change the law by simply ignoring it: you actually have to have it changed. By all means, if you think a law is unjust, choose not to follow it. But when you get caught, you're not going to get out of the penalties by saying "A majority of Americans think this law is dumb, so it's not actually the law."

    72. Re:Duh? by interval1066 · · Score: 1

      Your objections are nothing new, they're as old as prostitution. What's new is the technology. You're asking that an act a 5 year old child can can commit be as illegal as counterfeiting. A child can distribute 1 million copies of a copy written work with the push of a button. There's a disconnect somewhere. People aren't going to stop distributing or copying copy written work unless you (or the people are are arguing for) make the detection & penalties for distribution so egregious that it makes sense not to, and clearly, that's not going to happen, unless the government gets truly insane. If you can see knocking in people's doors and dragging people (and children) to our already crowded jails for this infringement then I guess you have a case. Otherwise, I recommend you face reality and realize the business model of selling media with some copy written content on it is no longer a viable business model. It just isn't.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    73. Re:Duh? by PPH · · Score: 1

      But legal/illegal is a completely artificial distinction from a moral point of view. Its a label that we, as a society, have decided to apply in order to discourage certain behaviors. And we are free to redefine any activity w.r.t. these labels any time we want, as laid out in our Constitution.

      Making the argument that something should be prohibited because its illegal is circular logic. It was declared illegal because, at some point, we* decided that it should be discouraged. If the legal/illegal label is the only thing you have to rely upon, then they you should excuse yourself from the higher level argument about how the law will be written. Just sit tight and wait until the rest of us have discussed the issue and arrived at some consensus. Then we'll tell you what we've decided and you can act accordingly.

      *The major failing in our legislative process is that 'we' turns out to be some special interest group with lots of money/influence to throw around.

      --
      Have gnu, will travel.
    74. Re:Duh? by SuricouRaven · · Score: 1

      Activism isn't the search for the right laws. It's a search for laws less wrong than we have now.

    75. Re:Duh? by Captain+Hook · · Score: 1

      Isn't that what mass disobience is, only without the violent overtones as espoused by Gandi?

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    76. Re:Duh? by jandersen · · Score: 1

      This is news? Did anyone think that file sharers were making money?

      Nope, the news is that somebody in the Business Community has realised that there are people in the real world who do something without a thought towards profit.

      It is not without reason that those in the world of business have always been so eager to portray Communism/Socialism as The Ultimate Evil: this ideology is essentially a formalised version of altruism, and the idea that people may not all be driven by the same, basic greed implies that they haven't quite got it right. And it scares them shitless - if everybody suddenly started sharing and giving others freely, what would happen to profit and ultimately, to the power of the very rich and privileged?

    77. Re:Duh? by Americano · · Score: 3, Insightful

      The government exists to serve the people, not the other way around.

      That's true, but you have to realize in a disagreement between two groups of people, "serving the people" doesn't necessarily mean "Give me what I want, tell those other guys to fuck off." When two groups of people have competing interests, you can't just expect one of them to cede all of their rights & entitlements to the others with no consideration given in return. In other words: The RIAA is overcharging, and overzealously trying to preserve a business model that's outdated. The file sharers are underpaying, and overzealously trying to kill a business model in an industry with little regard for the sociopathic nature of their behavior.

      Artists have a right to set a price for their work. It doesn't matter what the medium is that they choose to distribute it. If the price is too high, then you shouldn't pay them for their work - but you also should not TAKE a copy of their work without paying. If you don't find the enjoyment you get from the work to be worth the price the artist is asking for the work... then find another artist whose work you do value, or who sets a more reasonable price.

    78. Re:Duh? by houghi · · Score: 1

      It works for the people who keep saying that making a copy is theft.

      --
      Don't fight for your country, if your country does not fight for you.
    79. Re:Duh? by Anonymous Coward · · Score: 1

      It shouldn't be possible to deprive people of their rights just because a significant number of people think it proper.

      Copyright isn't an inalienable right. It's a utilitarian incentive that is supposed to be balanced in favor of the public interest (not in favor of the big publishers' interest, no matter the cost to the public). As such, we the people have the right to change the law to alter, or even get rid of, copyright, at any time.

    80. Re:Duh? by mikkelm · · Score: 1

      In terms of copyright law, neither seeding nor leeching alone constitute "financial gain" in practice. Copyright infringement of the kind committed while doing either would otherwise be felonious, and seeders and leechers who share without generating profit aren't brought up on criminal charges.

    81. Re:Duh? by SuricouRaven · · Score: 1

      There's the convenience, too. The hollywood hype machine ia based around making people want something in stages - first the cinema, then blu-ray, then everything else. If you want to watch something new and popular right now, but it's only in the cinema, then there are only two options: Pirate it, or spend two hours locked in the movie-box where there may or may not be a crying child, a man with a hacking persistant cough or someone three seats across with a bladder the size of a ping-pong ball.

    82. Re:Duh? by MightyYar · · Score: 2

      3. Distorts supply and demand and free market economy

      I had to kind of chuckle at that... it doesn't distort the "free market" when the government grants you a monopoly over data that is in the free and clear for 95 years?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    83. Re:Duh? by Gerzel · · Score: 4, Insightful

      You are implying that most artists A. Own the work they produce and B are able to make a living with copyright.

      Most work for a company doing work that the company wants never owning the copyright to that work. Do you really think that without copyright ad agencies won't want artists to make their adds prettier?

      The entertainment industry would still exist, people would still be willing to spend money but the derivative market would be far less.

      Most artists are unable to live off their work now and there are some that do live in gutters. Given Poe's life he probably would have been in the gutter anyway artist or not.

    84. Re:Duh? by h4rr4r · · Score: 1

      Only if they are drunks like he was.

    85. Re:Duh? by cptdondo · · Score: 1

      Really?

      Try this:

      The intermarriage of white persons with negroes, mulattoes, or persons of mixed blood, descended from a negro to the third generation inclusive of their living together as man and wife in this State is prohibited.

      It's a law, it has not been repealed, and it's widely ignored.

      There's a whole slew of laws that are widely ignored, from the absurd (it's illegal to decapitate a snake with your cane on a sidewalk in Klamath Falls, OR) to the outright offensive, as in the above quite.

      The *only* difference is that the *IAA organizations have a lot of cash behind them, whereas the cane-carrying snake decapitators don't.

    86. Re:Duh? by Gerzel · · Score: 1

      Exactly! Just like slavery and segregation!

    87. Re:Duh? by Archangel+Michael · · Score: 3, Insightful

      A couple of things.

      First, To copy a hair style, takes flair and adaption. IF I could have Brad Pitts hair I would. I would download it and put it on my head. It doesn't make me Brad Pitt. But I don't have Brad Pitt's hair, and it takes a skilled artist to even come close.

      Second, to copy a Chef is more than recipe. There is a style to the knife work, cooking and other skills required beyond ingredients. Recipe is only PART of the artistry. I we could duplicate the cooking style of a chef, automatically with the fictional cooking machine, which duplicates the entire meal perfectly, who would own the skill of the chef being programmed into the machine?

      When I cook, each time I make something, it is slightly different from the last time I made it, it is flair. A TRUE artist has flair and skill that makes each performance unique and yet distinctly the artists. People like the Grateful Dead understood that each performance was its own artwork, and didn't rest upon the recording of a single performance in perpetuity. I don't rest on that one great performance (awesome dinner, if I say so myself) I had two years ago for my wife's Birthday. And if I tried to recreate the meal today, it would have the same basic ingredients but would be distinctly different, the artist's flair.

      The idea of resting on one's laurels is sad among the "artist" crowd these days. We miss the great performances that transcend the "notes" of the music. If you've never seen a great performance artist, you're missing something.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    88. Re:Duh? by Gerzel · · Score: 1

      No they do not refer to the same concept.

      Democracy is rule by the people.

      Republic is rule by a select portion of the people.

    89. Re:Duh? by HungryHobo · · Score: 4, Interesting

      In the UK most full time musicians are close to or bellow the poverty line.

      http://www.ultimate-guitar.com/news/general_music_news/most_musicians_are_on_poverty_line.html

      can the same be said of full time chefs in the UK?

    90. Re:Duh? by Chapter80 · · Score: 1

      There's a huge difference between a democracy and a republic!

      One is representative, the other is not. No troll there, just a correction of the misinformation in the original post.

      And yes, the US Constitution protects against the tyranny of the majority, as I said. Here are some links so that you can familiarize yourself:

      Where is majority rule and minority rights incorporated into the US constitution?
      Minority Rights
      How does the US constitution protect minority from majority?

    91. Re:Duh? by Sean · · Score: 1

      Buying music or videos is morally wrong because those who get most of the money are waging war on us. The entertainment industry is unproductive. Even if it was completely destroyed and all entertainment related jobs were lost, it would be a net positive for the economy and overall productivity.

      So if you believe the current model is outdated, do whatever you want, just don't give them your money. Do not pay for movies or music.

    92. Re:Duh? by Anonymous Coward · · Score: 0

      Actually, no.
      This (USA) is a Democratic Republic.
      Republic is defined by many as a Representative Democracy, which is what we have today.
      Popular suffrage elects representatives who are supposed to represent their constituents wishes.
      If they do not, they may not be re-elected when their term is over.
      Which is one reason for limited terms.
      And the need for large campaign contributions to create spin to overcome what they did/said in the past.
      Which is a great reason for term limits.

    93. Re:Duh? by Americano · · Score: 1

      Two dimensions, AC:

      Legality - the specific action either is, or is not, against the law. In this case, file sharing of copyrighted works is quite clearly against the law. It *is* illegal.

      Morality - the specific action either is, or is not, an ethical action - meaning, consistent with your values and beliefs, and demonstrating an integrity to those deeply held values and beliefs. In this case, file sharing of a copyrighted work may be 'moral' or 'immoral,' depending on your view of copyright law, and whether or not file sharing constitutes harm to someone.

      These are not mutually exclusive - file sharing can be legal or illegal, and regardless of its legal status, an individual can have an opinion of whether or not it's moral or immoral to share. In this case, what TFA is saying (in lazy, sloppy english) is that the file sharers don't see what they're doing as "immoral," and as such, they don't see why it should be treated as illegal. This does not mean that it's "not" illegal, it means they believe the legal status of sharing should change.

      Prohibition, abortion, and numerous other issues can be viewed on the same axes. People who voted for the prohibition laws certainly probably did feel they were doing the "moral" thing, but there were numerous people who violated the prohibition laws and felt that they were doing the "moral" thing as well. Legality is social; Morality is personal.

    94. Re:Duh? by Gerzel · · Score: 1

      I think the real problem is poor enforcement of current rules and the over-extension of copyright to 70 years after author's death.

      The law right now isn't enforced to protect the consumer side only the owner side of the copyright equation. There should be stiff penalties for sending false DMCA notices but there never are.

    95. Re:Duh? by rgviza · · Score: 1

      No but they are motivated by financial gain. The headline is wrong. They file share to get stuff you'd otherwise need to buy, for free. If they don't share they are considered "leeches" and get blocked. Since they get stuff for free, they have more money in their bank account than they'd have if they paid for it.

      The notion they are motivated by anything more complex or noble than getting expensive stuff like games, software and music for free is ridiculous.

      It's simple greed...

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    96. Re:Duh? by CAIMLAS · · Score: 1

      It's the classic lie, though. Altruism? Seriously?

      Is that why people download porn, TV shows, and software? Altruism? Greed seems a better, more reasonable explanation for this.

      IF they're the one doing the sharing, then it's not altruistic, it's tribal. They've got their group and they gain esteem and social standing by sharing. I know that was certainly the resulting case when my peers shared files when I was younger: the guys who shared their rips and/or downloads got a non-trivial social boost from doing so. One guy, who had entirely too much money for storage and bandwidth, ran an FTP server dedicated to sharing said files. He was a super geek, but somehow managed to leverage the social standing to become student council president for his Jr./Sr. years, as well as the homecoming king.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    97. Re:Duh? by Gerzel · · Score: 1

      Indeed this is very true. Most people adamantly in favor of current copyright tend to talk about them as natural rights never seeing that they are derived.

    98. Re:Duh? by Chapter80 · · Score: 1

      Oh, and here are some links so you can familiarize yourself with the difference between a democracy and a republic. As you can see from the articles, the difference is far greater than just a different pronunciation of the same word.

      The distinction between our Republic and a democracy is not an idle one. It has great legal significance.

      The United States is, indeed, a republic, not a democracy.

      What distinguishes a republic is that it has an elected government.

      Google is your friend, my friend.

    99. Re:Duh? by Skarecrow77 · · Score: 1

      Those laws are still on the books, and the letter of the law says that they're still illegal. If you've got a prosecutor with a bug up his butt he very well can still prosecute you for breaking any of those laws. Some of them are SO contrary to -current- public opinion (the intermarriage law) that he would probably receive political and social backlash for attempting to prosecute it, but the letter of the law still says he can.

      Until those laws are repealed, the legality of those actions are not in question. They -are- illegal. Most of the time nobody is going to bother to prosecute them, and most people are going to ignore them, but the state of the legality of those actions is unambiguous. They are illegal.

      Whether their legality MATTERS to you is a different question entirely than my original point.

    100. Re:Duh? by cheekyjohnson · · Score: 3, Interesting

      If I was paid a minimal amount per-copy of my software sold, I might be a little more upset when I find one of my applications on a torrent site.

      That's not surprising considering that many people tend to hold onto illogical beliefs if it benefits them personally. File sharers aren't actually taking anything. In order for them to be taking something ('loss' of 'right' to distribute their own works does not mean something was taken from them, because that's exactly the 'right' that I think shouldn't exist), when they copy, someone else must lose something that they already had. They didn't have the file sharer's money, so that wasn't stolen. The product was merely copied, so that wasn't stolen. The authors didn't even lose any time because of the pirate (it did take time to make the media, but that isn't the pirates' fault). Saying that 'loss' of future potential gain equates to harm is like saying that someone harmed me because they didn't give me all of their money, or that competition harms businesses because someone might choose to shop at a competitor's store. It would only be harm if they lost something that they already had. This simply isn't the case.

      --
      Filthy, filthy copyrapists!
    101. Re:Duh? by Antisyzygy · · Score: 2

      Even so, you should only be liable for the damages you actually caused. I.e. how many people directly downloaded it from you times the cost of the work maybe with an additional small multiplier for penalizing the person and of course the court fees. An example would be 99 cents per song X 50 people that downloaded it X 2 penalty + Court costs. Getting hit with million dollar penalties is ridiculous. Its not right to illegally acquire media, but its also not right to hold onto copyrights for hundreds of years. It ends up generally screwing the artist over more than anyone else since these copyrights are usually held by big business. The state of the industry uses its employees (artists) and muscles its own consumers around. Its just god awful business practices, but its essentially an oligopoly so theres not much we can do about it short of listen to crappy indie music.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    102. Re:Duh? by cheekyjohnson · · Score: 1

      Yes, companies are deprived of some profit.

      What profit? In order to be deprived of something, logically, you must have it in the first place. They never had the profit that the file sharers would have given them if they didn't share the software, so they weren't deprived of anything. See this post.

      --
      Filthy, filthy copyrapists!
    103. Re:Duh? by Monkeedude1212 · · Score: 1

      Millions of dedicated citizens do still wield more power in this country than corporations. The problem is I don't think most people are as dedicated to the cause as you seem to think they are.

      I suppose thats the part I have trouble believing in. It's easy to say that the citizens have more power but never exercise it, thats an argument I can't possibly refute because I will have no evidence against it, but in the same way you have no evidence to support it.

      What I DO have evidence for is that lobbying is extremely effective, and that lobbying takes a lot of money, and that corporations hold more money than most of the people do.

    104. Re:Duh? by Gerzel · · Score: 1

      There is a difference, just look at the difference in legal charges and penalties.

      One crime is theft the other is copyright infringement.

      One is a criminal case and one is a civil case.

      They are NOT the same just because you equate them.

    105. Re:Duh? by mSparks43 · · Score: 1

      Out of touch with who?
      Lawyers?
      Shit, who's going to put food on their table now - sounds like anarchy to me.

    106. Re:Duh? by Gerzel · · Score: 1

      So? Didn't the candybar company pay similar costs when it first came up with the delicious confection? What about those costs of development?

    107. Re:Duh? by Anonymous Coward · · Score: 0

      Sharing your things generally implies that you are giving something up in the act of sharing it. If you share your toys or lunch with someone you no longer have use of that toy or food. That type of sharing is of course what people are encouraged to do. Furthermore, I never heard of being encouraged to share someone else's stuff for them (hey Joey, share some of Bobby's lunch with Susie). When you 'share' a file, the only thing that is being lost (if anything) is the ability of the real owner (who is not you) to potentially sell that file. You yourself has not lost anything at all.

      Now, if you want to actually 'share' music, go buy some CD's then stand on the street corner and give them away.

      It is pretty funny that people get all bent out of shape about others calling copyright infringement stealing, but they themselves try to dress it up as sharing.

    108. Re:Duh? by Skarecrow77 · · Score: 1

      But then you have lobbies like the NRA and NAACP which (to the best of my knowledge,I haven't wikipedia'd it) were originally nothing more than a gathering of like-minded socially active people that had strong philosophies on a certain subject that grew into giant lobbying machines.

      who is to say the pirate party doesn't do the same?

    109. Re:Duh? by cheekyjohnson · · Score: 2

      The costs of writing and recording the music are paid before hand.

      That's nice, but that wasn't his point. When you copy something, no one has lost anything due to that copying. In order for them to lose something, they must already have it in the first place. See my other post for more details.

      You can't blame the file sharer because the company spent money to produce it. The file sharer had absolutely nothing to do with those costs. It was the company's own decision. That's like saying everyone should have to buy the music because the musician spent money to make it, even if they had nothing to do with that cost (that's essentially what the file sharer is doing: not paying them money to make up for losses that the file sharer didn't even inflict upon them in the first place).

      --
      Filthy, filthy copyrapists!
    110. Re:Duh? by peragrin · · Score: 1

      I can understand copyright. however Mickey mouse should not still be under copyright for another 30 plus years that it currently is.

      Businesses should not be able to own copyrights, only individuals. Patents generally need resources to be developed, however all copyrights are the works of one or two people(even things like encyclopedia's boil down to a small group of editors with final control). Business can own trademarks, and patents, and trade secrets.

      --
      i thought once I was found, but it was only a dream.
    111. Re:Duh? by ArhcAngel · · Score: 1

      Except for the fact that before the advent of the twentieth century there was no way to record a performance for later playback. This meant that a performer only got paid for the performance when they actually performed. If I build a cabinet for someone I am not entitled to come back every time they use the cabinet and demand a usage payment. If I fix a PC problem the customer is not beholden to pay me in perpetuity for the fix. The only reason the RIAA exists at all is for the benefit of the recording companies. Recordings were originally an advertisement to get people to attend concerts so basically what the RIAA and the government is saying is you now have to pay for ads. Sure it's a little trickier with movies but even on copyright for video it should not be perpetual.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    112. Re:Duh? by Skarecrow77 · · Score: 1

      So if you believe the current model is outdated, do whatever you want, just don't give them your money. Do not pay for movies or music.

      Actually, I very rarely do. Mostly just for Christmas presents and the like. That's the funny thing about the majority of people who have tried to rip me a new one in these comments. They think I'm the enemy. If only such vigor could be harnessed in a positive fashion.

    113. Re:Duh? by Americano · · Score: 1

      Jonathan Coulton is a fantastic example

      If the state of music is trending in that direction, I'm not certain that says a good thing for the influence of digital distribution. I enjoyed Code Monkey once or twice when I heard it, but if your idea of a good time is listening to a slightly geekier version of Weird Al Yankovic 24x7, then we'll have to part ways there.

      But it's basically free

      No. It's not free. Nothing is "basically free". It may be *drastically* lower-cost to duplicate but, in the case of music, you have a host of very real and sizable production costs: studio space, mastering, audio engineer time & services, instrument purchase & maintenance, artists' cost-of-living (often spread across 3-6 people), web site support & maintenance, server space, electricity, physical hardware, bandwidth costs... all of this figures into the production of that MP3 file, and it's the result of spending all that money. The "duplication" costs even for a physical CD are fairly low when you compare them to the costs of all the rest. Electronic distribution drives the price down (and should), but declaring that it's basically "free" completely disregards the months of effort and spending that went into producing that MP3 or CD.

      If you go very DIY, and spend $10,000 putting together an album (a month or two of rent, food, studio time, instruments, etc.), with the goal of earning $20k off it - enough to recoup your costs & maybe pay for a few more months while you tour and record something new, you have to look at the size of your market - can you sell 2000 copies of your CD at $10/CD? Can you sell 20,000 copies of your song at $1 per song?

      When peoples' time, talent, and creative energy is involved, there is no such thing as "basically free" and "infinite supply". You're seriously misrepresenting (or fundamentally misunderstanding) the economics of producing a record if you truly believe that.

    114. Re:Duh? by CohibaVancouver · · Score: 1

      There's still some truth to this though - Why do some of your congressmen speak out against the 'theory' of evolution or press for prayers in schools? Why is whether or not your president believes in god deemed to be important ? Because in some jurisdictions, evangelical Christians get out and VOTE, and vote in strong numbers. As a result, the politicians pander to that electorate. If voters didn't matter, you wouldn't hear and see this sort of thing.

    115. Re:Duh? by Brannoncyll · · Score: 2

      Copyright is a misnomer. It is *not* a right like free speech. It is a privilege granted by the people to an artist to allow them a time limited monopoly on their artistic work before it is submitted to the public domain. It was meant to encourage the arts to produce more works, thus benefitting the world in the long run.

      In the modern world, copyright has been twisted and abused by those companies that leached off the artists and got rich, and now it no longer fulfills its function and must be changed.

    116. Re:Duh? by HungryHobo · · Score: 1

      right while the other side try to dress up filesharing as not sharing.
      You could call copyright infringement "rape" and it would be just as misleading and untrue though it would sound far worse.

    117. Re:Duh? by simon0411 · · Score: 1

      On the flip side, because recipes are neither copyright-able nor patent-able, they are carefully guarded. They remain secret; they don't gradually flow into the public domain, because there is no incentive to share them. Consider the lengths companies will go to protect the recipes for Coca Cola and Kentucky Fried Chicken, or even within families where certain recipes are passed down through oral tradition only. That's one aspect a lot of people like to overlook in the copyright debate. Copyright exists to compel artists to make cheap art widely available. Before, art was the near-exclusive domain of rich patrons, monarchies, and the Church. And those guys tend not to share.

    118. Re:Duh? by Americano · · Score: 1

      It is not right to illegally acquire media, but its also not right to hold onto copyrights for hundreds of years.

      Agreed - and as I said, neither side has clean hands. Some of the lawsuits being pursued by the RIAA are ridiculous, and the awards are ludicrous. But there's also a lot of self-styled "freedom fighters" who are simply calling themselves that because it's a convenient way to rationalize behavior that is illegal.

      There's a lot of not-crappy indie (i.e., not-major-label-pap) music out there. Spend some time exploring, you might be surprised at the quality of music being self-produced by bands and musicians. And try to send your money that way - some of these artists and bands are starting their own smaller labels that are much more artist-friendly: cf. Righteous Babe, Saddle Creek, numerous others, and most of them are embracing a lot of the digital distribution methods that the majors are very reluctant to use.

    119. Re:Duh? by Oligonicella · · Score: 1

      ('loss' of 'right' to distribute their own works does not mean something was taken from them, because that's exactly the 'right' that I think shouldn't exist),

      Elevating yourself to the position of god doesn't validate your beliefs.

      Perhaps you might explain better why you believe an artist should not have the right to distribute their own works.

    120. Re:Duh? by vegiVamp · · Score: 2

      Shame that they're mostly concerned about the wealthy minority these days.

      --
      What a depressingly stupid machine.
    121. Re:Duh? by Anonymous Coward · · Score: 1

      The "giant horrendous LVs" aren't there to protect Louis Vuitton's IP. They're there to make it obvious to everyone else that your bag cost enough to feed a small family for months. This is also why Louis Vuitton is protective of the look--they're only real value is in being percieved as a status symbol, so if everyone can get it, they become essentially worthless.

    122. Re:Duh? by chanio · · Score: 0

      I guess that the only way is just ignoring those who still wish to earn something from what is not a crime.

      Laws used to say that there was crime when there was proffit involved.
      And humanly, every product belongs to all of us, not only to the one that stood over the others' shoulders to define it...
      There was even a pope that said that stealing to learn or to help others was not a crime...

      But sharing something freely with others, is only saying that we aknowledge that todays cost of life is pretty unfair.

      Should this be discussed? What is the proffit of discussion?

      --
      Rwe obliged 2 save our future by choosing:O3 hole-greenhouse effect instead of accepting everydays gossip-nonsense chat?
    123. Re:Duh? by HungryHobo · · Score: 1

      Fresh meat and food more interesting than a bowl of potatoes was also a rare event for anyone but the nobility if you look at history.
      As were meals prepared by a professional.
      It used to be that you could only get such things if you could afford to hire a cook.
      Now both are easily and cheaply available to everyone who can walk into a cafe with a trivial quantity of money.

      You're attributing all improvements to copyright just as you can be sure if recopies had been allowed to be copyrighted 300 years ago all the improvements to diet and food in general would now be atributed to copyright in the little alternate world.

    124. Re:Duh? by ChuckG · · Score: 1

      Sharing things with people has two components: what it does for the giver and what it does for the receiver.
      Most people recognize from life experience that the giver usually expects something back even if only a thank you.
      That is part of the motivation not just "altruism". I pose that pure altruism, where the giver expects nothing back, rarely exists.
      I further pose that a file sharer who takes somebody else's work and gives it away for free is expecting somebody else to think well of them for giving it away. This happens only in the mind of the giver, of course, because they don't know for sure what the receiver is doing, but it still makes the giver feel good. If all the receivers accepting the gift send an email to the sharer saying s/he is a jerk, then it is unlikely the sharer would continue his/her work.
      Sharing something on the internet that you got yourself for free is probably nothing but upside in terms of emotional payback, unless the RIAA comes knocking.
      Sharing something you bought yourself is less likely to continue unabated but there is still that mental expectation of a payback.
      File sharing as altruism? I say file sharing as cerebral j/o. But it does feel good. I've tried it!

    125. Re:Duh? by Ephemeriis · · Score: 1

      Jonathan Coulton is a fantastic example

      If the state of music is trending in that direction, I'm not certain that says a good thing for the influence of digital distribution. I enjoyed Code Monkey once or twice when I heard it, but if your idea of a good time is listening to a slightly geekier version of Weird Al Yankovic 24x7, then we'll have to part ways there.

      While I do enjoy Jonathan Coulton's music... I was not suggesting that he was the most awesomest artist ever and that everybody should play music just like him.

      I was using him as an example of how digital distribution had allowed a niche artist to become successful.

      The exact style and content of his music is largely irrelevant.

      But it's basically free

      No. It's not free. Nothing is "basically free". It may be *drastically* lower-cost to duplicate but, in the case of music, you have a host of very real and sizable production costs: studio space, mastering, audio engineer time & services, instrument purchase & maintenance, artists' cost-of-living (often spread across 3-6 people), web site support & maintenance, server space, electricity, physical hardware, bandwidth costs... all of this figures into the production of that MP3 file, and it's the result of spending all that money. The "duplication" costs even for a physical CD are fairly low when you compare them to the costs of all the rest. Electronic distribution drives the price down (and should), but declaring that it's basically "free" completely disregards the months of effort and spending that went into producing that MP3 or CD.

      If you go very DIY, and spend $10,000 putting together an album (a month or two of rent, food, studio time, instruments, etc.), with the goal of earning $20k off it - enough to recoup your costs & maybe pay for a few more months while you tour and record something new, you have to look at the size of your market - can you sell 2000 copies of your CD at $10/CD? Can you sell 20,000 copies of your song at $1 per song?

      When peoples' time, talent, and creative energy is involved, there is no such thing as "basically free" and "infinite supply". You're seriously misrepresenting (or fundamentally misunderstanding) the economics of producing a record if you truly believe that.

      I never claimed that it was "basically free" to produce original material.

      I claimed that it was "basically free" to produce additional copies of that material.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    126. Re:Duh? by cdrguru · · Score: 1

      If the chef at your local restaurant had to pay royalties whenever he used a recipe published by a celebrity chef would you have a tastier and more enjoyable meal?
      What if he risked being sued into the ground if he created a derivative work by altering the recipe slightly without a license?
      or would you just have a more bland, unoriginal, uninspired and ultimately vastly more expensive meal?

      If your hairdresser had to pay royalties whenever some kid comes in with a magazine picture and says they want their hair to "look like that".
      Would everyone have far more interesting hairstyles or would it just cost far more and see people getting sued for doing their own hair at home in a copyrighted style?

      You are completely wrong. Copyright is not a patent. Copyright protects a single embodiment of something, not all embodiments. So there is no protection for a hairstyle or a recipe being used.

      There can be protection for a recipe itself and the publication of it. But there is no protection for the dish that can be prepared following the recipe. Similarly, while a photograph of a hairstyle (and the celebrity with it) can have copyright protection the hairstyle itself does not.

      You are confusing copyright and patents. If a recipe could be patented then someone could be sued for producing a dish by following the recipe. But recipes are not subject to patents. Nor are hairstyles.

      Also, you need to understand the concept of a derivative work. If you can be sued for violating a copyright (making a copy of something) then you can be sued also for making a derivative work. However, there is nothing that allows making an identical copy but not making a derivative work. Again the concept of a license only applies with a patent and copyright is completely different than patents.

    127. Re:Duh? by airfoobar · · Score: 1

      People can't make something legal by wishing it, except those people who can afford to pay for extensive lobbying campaigns. Also, all animals are equal, but some animals are more equal than others.

    128. Re:Duh? by jfengel · · Score: 1

      The cycles are different there. Cranking out a new dress takes only a few hours. A new piece of software or a movie is an investment of millions of dollars before you see a dime of return.
      Copying a dress takes nearly as long as designing it, and just as long to mass-produce. Copying software or a movie takes moments.

      You can now make professional-grade music for about the same time and money investment, and the financial matters there are more about the immense marketing effort to stand out from the throngs. The RIAA is seeing real declines, because there is a genuine alternative to them.

      The MPAA and software industries, however, do not. Those industries can't just take up a fashion-industry model and have it work for them. If copying were really, truly, genuinely free, such that people weren't even subject to guilt for making an illegal copy, or if they were available for a price that took only trivial profit because they were competing, they really wouldn't make profits. Nor would they make it up on volume by doing it again next year.

    129. Re:Duh? by melikamp · · Score: 1

      Without copyright, artists would be living in gutters like Edgar Allan Poe used to do.

      Anecdotal evidence is no evidence at all in this case, or we can say that without copyright, artists would be bathing in money, like George Frideric Handel used to do.

    130. Re:Duh? by HungryHobo · · Score: 1, Insightful

      Please actually read my whole post from start to finish before replying.

    131. Re:Duh? by j00r0m4nc3r · · Score: 1

      How would that notion apply to the Civil Rights Act of 1964? The whole point of the US government is that there are checks and balances even against the people. It shouldn't be possible to deprive people of their rights just because a significant number of people think it proper.

      Uh, wrong. If enough people wanted to legalize slavery, then it would happen. The constitution would be amended, the laws changed, and the political figures all replaced with ones who will do the will of the people, that the people elect. Contrary to most peoples' view, the people actually are the government and could make the country do whatever they wanted, as long as enough of them wanted it.

    132. Re:Duh? by shentino · · Score: 1

      Dictatorships would be perfectly fine if they were benevolent.

      The big problem is that people are not trustworthy, and given power they will always abuse it.

      Therefore, at least with mortal man, there is no such thing as a benevolent dictatorship.

      We have enough trouble with checked and balanced politicians as it is. Put a dictator on the throne and we would be toast in a hurry.

      Come to think of it I think that's why the United States were founded back in 1700's

    133. Re:Duh? by h4rr4r · · Score: 1

      You can lobby. you can vote. you can inform. you can raise awareness. you can debate.
      1. they have more money
      2. if voting mattered it would be illegal
      3. you can't compete with american idle
      4. no such debates will ever appear in major media

      Our government is bought and paid for.

    134. Re:Duh? by Attila+Dimedici · · Score: 3, Insightful

      You are misconstruing the OP's argument. They were responding to a post that said that if a significant number don't see something that is illegal as wrong, there is something wrong with the law. They were pointing out that a lot of people didn't see anything wrong with the things that the Civil Rights Act of 1964 made illegal and that that doesn't make it a bad law.
      However, if a significant number of people see nothing wrong with doing something that is illegal, there is a serious problem that requires open and frank discussion. It may be that this situation exists because the law is a bad law that should be repealed. It may be that a significant number of people do not fully understand the consequences of violating this law (not counting the legal consequences). Most likely it is a varying degree of some of both.

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

      The difference is that not buying something is a simple choice--you choose not to give me something you value more (the money it would have cost) in exchange for something you value less (the music/film/software/whatever). That's a completely fair choice, and not one that many people would argue over.

      When you violate copyright, however, you are taking value (the product) without exchanging anything for it. Unless you are willing to argue that something must be tangible for ownership rules to apply (and think all the ramifications through before you claim you want this--it cuts both ways), then it's not fair to take something without providing a reasonable compensation for it.

      Now, I'm not arguing that copyright isn't misused by lawyers, or that terms aren't way too long, or anything else like that. Unfortunately, what I see far too often is a "throw the baby out with the bathwater" approach from both sides. Instead, let's have a reasonable discussion where we accept that file sharing does cause actual monetary harm to a copyright holder, while still recognizing that the actual monetary harm is far less than the number of downloads x the cost of the commercial product. From there, we can have a reasonable discussion about limiting copyright length, especially in regards to products that are not commercially available.

      Oh wait, this is Slashdot. Reasonable discussion was never part of the picture...

    136. Re:Duh? by simon0411 · · Score: 1

      >You're attributing all improvements to copyright just as you can be sure if recopies had been allowed to be copyrighted 300 years ago Where have I said anything of the sort? I'm not talking about access to cooks or food, but to recipes. Specifically, comparing the availability of one class of intangibles without protection (recipes) to another with (copyrightable art). A strenuous comparison, for sure, but this is in response to the hypothetical in post above it. Which was a preposterous scenario anyway. If recipes were copyright restricted, why would anyone perceive value in that recipe? Recipes are meant to be implemented. You know, cooking.

    137. Re:Duh? by j00r0m4nc3r · · Score: 1

      the US Constitution protects against the tyranny of the majority

      And what, pray tell, happens when the majority amend the Constitution to allow tyranny?

    138. Re:Duh? by Anonymous Coward · · Score: 0

      They don't believe what they are doing is wrong.

      Their effort to obscure their identity is a pretty good indication they know its illegal.

      Just because it's illegal doesn't make it wrong, it goes the other way too, just because something is legal doesn't make it right. Take smoking pot for example, sure its illegal, but is smoking pot the wrong thing to do? How about foreclosing a mortgage and taking the home of a family, it's the wrong thing to do, but legal nonetheless.

    139. Re:Duh? by Anonymous Coward · · Score: 0

      Rule #1 ~ Any transaction without excess profit is evil.

      Clearly, this philosophy is illogical and insane.

      Yet, this is the basic strategy of big business today.

    140. Re:Duh? by Anonymous Coward · · Score: 0

      If you believe that the current model is outdated, You can lobby. you can vote. you can inform. you can raise awareness. you can debate. but just ignoring the fact that it's illegal doesn't make it legal.

      Thousand are fighting for the right to share file [legally]. They lobby, they vote...

      Meanwhile millions keep sharing.

    141. Re:Duh? by king+neckbeard · · Score: 1

      Ah, the article actually say that "The survey data suggested there was a deep-seated belief that this type of activity shouldn’t be illegal, that there was no criminal act involved." They don't see it as something that SHOULD be illegal.

      --
      This is my signature. There are many like it, but this one is mine.
    142. Re:Duh? by Anonymous Coward · · Score: 0

      Actually, no, this is a Republic, not a democracy (assuming "this" refers to the United States).

      Facepalm.

      Constitutionally, the U.S. is a republic, just like Ireland, France, South Africa, and North Korea, to name but a few. This contrasts with monarchies such as the U.K., Canada, Australia, and New Zealand, all of which happen to share the same monarch.

      All the above countries are democracies. One man, one vote, and all that. Since they all have populations in the millions, they generally have representatives doing the actual decision-making, and the way in which those are elected varies from country to country. For example, in North Korea, Kim Jong-il is the man with the vote, whilst in 2000 in the the U.S. it was Jeb Bush.

      Your Constitution is excellent considering the time it was written in; Article 1, Section 2 deals with elections, so we will ignore the fact that Universal Suffrage came only in 1965 (just after Iran and Afghanistan, as it happens).

      Ironically, although the U.S. is a democracy de jure, the way in which over a billion dollars "had to be spent" in the last presidential elections makes it almost impossible for a third party to establish a base. Then again, Britain now has a coalition.

    143. Re:Duh? by cdrguru · · Score: 1

      The problem with that thinking is clearly murder should be legal under those criteria. How many people are murdered every year? Most cities have hundreds of murders every year - some, like Juarez Mexico have hundreds every day. Clearly there are some people that think that given the right circumstances it is OK to kill people.

      Then we have the government sanctioning killing people with both the military and capital punishment.

      I'm sorry, if the government can't make up their mind that killing people is universally wrong then this is clearly a stupid law making it illegal for me to kill someone.

    144. Re:Duh? by Opportunist · · Score: 4, Insightful

      If anything, Mickey Mouse is a prime example how copyright got out of hand.

      The idea was to give writers and creators a way to recover their investment. Mostly, their investment of time. Copyright was created in a time when writers needed months, even years, to get their books published, and had no revenue but the sale of those books alone. And they could only hope and pray that it was published quickly and in large quantity, as soon as the manuscript was out, copies and knockoffs would be in the market in no time.

      Fast forward to the 1930s and Mickey. The creation of Mickey took ... well, let's be generous and say hours. The original showing of Steamboat Willie most likely already paid handsomely for the time invested in its creation. And given that the "sale" of this comic figure in movies is only the tip of the mountain, along with other merchandize, I'd say that the investment paid off million- if not billionfold.

      Walt Disney died in 1966. Yet the copyright for this figure he created is supposed to run out 70 YEARS after his death. I say supposedly because I do not yet believe Disney (the corporation) will allow it without a fight.

      Where is the sense in that? What purpose does this insanely prolonged copyright serve? Even if you said that the creator should be able to make a living from a single creation (something I definitely challenge, show me one architect that gets to charge forever for a house he designed!), the copyright almost invariably runs longer than the creator could possibly live! The original intent, to protect the creator, has become a farce. Art has become a simple commodity. Worse, not even art itself, but the right to use art.

      That's sick, people.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    145. Re:Duh? by Anonymous Coward · · Score: 0

      tldr
      how about summing it up in 250 words?

    146. Re:Duh? by Opportunist · · Score: 1

      You can't make something a law by simply making it a law without it having any sensible backing in the population. I mean, of course you can make a law that the majority of your people does neither understand, nor support, nor uphold. And you can enforce it with the utmost expense of law enforcement power, if you feel the need to do that. That will not get that law more support. Quite the opposite.

      For reference, see prohibition.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    147. Re:Duh? by Pentium100 · · Score: 1

      They remain secret; they don't gradually flow into the public domain, because there is no incentive to share them.

      Yes, as if copyrighted stuff will ever enter public domain now that the length of copyright gets extended whenever the copyright on Mickey Mouse gets near expiration date.

    148. Re:Duh? by Chapter80 · · Score: 1

      the US Constitution protects against the tyranny of the majority

      And what, pray tell, happens when the majority amend the Constitution to allow tyranny?

      A perfect system hasn't been invented. So the protection isn't perfect (as demonstrated in our past).

    149. Re:Duh? by cheekyjohnson · · Score: 1

      The difference is that not buying something is a simple choice--you choose not to give me something you value more (the money it would have cost) in exchange for something you value less (the music/film/software/whatever).

      But using the logic of "loss of future gain equates to harm," they're still 'harming' them.

      When you violate copyright, however, you are taking value (the product) without exchanging anything for it.

      I don't think you understand. You're not taking anything. You're copying it.

      Unless you are willing to argue that something must be tangible for ownership rules to apply (and think all the ramifications through before you claim you want this--it cuts both ways), then it's not fair to take something without providing a reasonable compensation for it.

      This just makes it more clear. As I said, nothing was taken.

      Instead, let's have a reasonable discussion where we accept that file sharing does cause actual monetary harm to a copyright holder, while still recognizing that the actual monetary harm is far less than the number of downloads x the cost of the commercial product.

      I don't find that to be a reasonable discussion because I don't think that it's true. In order for monetary harm to be inflicted, they must lose something that they already had. You're looking at the wrong places for the source of the problem.

      Think about it. Do you not think that the system is broken (or poorly thought out) if artists of digital media must introduce artificial scarcity in order to (presumably) turn a profit? Don't you think that the system is poorly thought out when people who logically aren't taking anything are criminalized merely because of the shortcomings of said system?

      We don't need to 'fix' file sharers, we need to fix this illogical capitalistic society. Whether or not there is another solution is irrelevant. My point is that the current system needs drastic improvement, and criminalizing people who aren't hurting anyone isn't going to help the situation.

      Oh wait, this is Slashdot. Reasonable discussion was never part of the picture...

      As a human, you will likely insist you are correct even if you are not (not that I'm say that you're not, but your attitude of "I'm correct and you're not" is highly unsurprising).

      --
      Filthy, filthy copyrapists!
    150. Re:Duh? by Skarecrow77 · · Score: 1

      I fully admit I never read the FA. I read the summary.

      Still though, I wonder how many feel that it shouldn't be illegal because it's morally wrong, and how many feel it shouldn't be illegal just because they like to do it and don't want to be punished for doing something they like to do?

      Of course, I don't think that is the kind of question you generally get honest replies to.

      Then you get to the hairy part of the argument as well. Let's say that you decriminalize filesharing of copyrighted materals and manage to abolish the RIAA and the MPAA. Through some magical means, all compensation of music goes directly to the artist/band. Great. Now, how many people who are used to getting their music for free are now going to suddenly start paying for it?

      Some, sure, some... but I am of the opinion that many people (most in fact) who currently get their music free are used to getting it for free and will continue to get it for free. moreover if you make it no longer illegal to copy, a lot of people who previously paid for everything in order to be upstanding citizens will now look at their options and go "I can pay money for this music, or I can get it free, legally." Who is still going to pay? People will drag out examples where artist so-and-so made a song/album free and accepted only donations, or a "pay what you feel is fair" sort of deal etc, that were successful. I contend that those were more experiments to prove a point and if ALL music fit that standard, it'd be a different sort of deal. Human nature is to want to get as much as you can for as little outlay as possible as long as it's not harmful to you to do so.

      This is not even to start on moviemaking. As long as a musical artist owns a guitar and a microphone he can record an album in his spare time. The same can't be said of a director. You can't just say "I have a camera, my friends and I are going to take 4 months off of work to make a movie." The BEST movie you get out of that is Clerks or Paranormal Activity. You don't get any more LOTRs or Iron Mans.

      In all of this, I'm not saying I agree with the current status quo, not at all, I'm simply saying that the "slashdot position" isn't free from it's own issues as well. The MPAA and RIAA are lieing corrupt organizations, but the current starte of the market doesn't allow for musicians/moviemakers to make a living doing their art in much other way. Maybe we need a modified system, not to trash it and start over?

    151. Re:Duh? by Wildclaw · · Score: 1

      And yes, the US Constitution protects against the tyranny of the majority

      Too bad it doesn't protect the majority from the tyranny of the minority which is a far more common problem.

    152. Re:Duh? by the+phantom · · Score: 1

      The cases are not comparable. Handel lived in an era when the patronage system was still in place---he was, for all intents and purposes, employed as a musician. He was supported by the wealthy with the understanding that he would create new works. In essence, Handel was paid in advance. This contrasts with many later artists, Poe included, who were paid after publication. Handel was not greatly harmed if his works were copied---his patrons had already paid him. Poe was harmed if his works were copied---he was not paid for those copies.

    153. Re:Duh? by cheekyjohnson · · Score: 2

      Elevating yourself to the position of god doesn't validate your beliefs.

      Stating my opinion along with reasons that I believe what I do is elevating myself to the position of an entity that is often depicted to be a tyrant?

      Perhaps you might explain better why you believe an artist should not have the right to distribute their own works.

      Didn't I already explain this in my posts? Oh, well.

      I believe that file sharing should be legal simply because the file sharers aren't doing any harm whatsoever. In order for harm to be done, the artist must lose something that they already had. File sharers aren't taking money away from the artist because the artist never had the file sharer's money in the first place. File sharers also aren't taking the product itself because they're merely copying it and everyone still has it. They also aren't wasting the artist's time because they never even interacted with them (time may have been used to make the product, but you must remember that that wasn't the file sharer's doing or their choice). 'Loss' of potential future gain can't equate to harm because again, they've lost nothing that they already had. If it could equate to harm, then everyone would be 'guilty' of inflicting this 'harm' upon others since you could do that merely by not giving another person all of their possessions (if you don't, they've 'lost' potential future gain).

      I believe that instead of criminalizing the entire population for deeds which logically don't hurt anyone, we should instead fix (or try to) our broken capitalistic society which almost forces artists of digital media and other people to introduce artificial scarcity in order to turn a greater profit. The real question is: how? We certainly won't get there by continuing to believe the false assumption that file sharers are hurting others, that much I know for certain.

      --
      Filthy, filthy copyrapists!
    154. Re:Duh? by Anonymous Coward · · Score: 0

      Who knows, the flip side of my argument is that perhaps if copulating positions had been copyrightable 690 years ago and someone could charge you money every time you used their position there would have been more investment in automatic foreplay(for the sake of excitement, avoiding unintentionally creating unlicensed derivative positions and spying on who has used what position(s)) and we'd all have auto-orgams like we have dildos and canned vaginas and every copulation would be up to the standards of a dominatrix.

    155. Re:Duh? by HungryHobo · · Score: 1

      Recipes are meant to be implemented. You know, cooking.

      and sheet music is supposed to be played.
      If sheet music were copyright restricted, why would anyone perceive value in that sheet music?

    156. Re:Duh? by JustinOpinion · · Score: 4, Insightful

      Good points. (Relatedly, see this TED talk about how the fashion industry thrives despite lack of copyright protection.) Let's think about various things that can and cannot be copyrighted (many examples taken from that TED talk):

      Creative things that cannot be copyrighted:
      -Recipes, cooking styles and techniques, etc.
      -"Look and feel" of food
      -Fashion/jewelery/etc.
      -Furniture
      -Sculptural design of vehicles
      -Magic tricks, jokes, etc.
      -Sports techniques/moves/plays/strategies
      -Fireworks displays
      -Hairstyles
      -Smells/perfumes
      -Rules of games

      Creative things that can be copyrighted:
      -Pictures/photos/etc. -Movies/video/etc.
      -Books/essays/etc.
      -Software
      -Music/musical scores/sound recordings/etc.
      -Choreography
      -Sculptures
      -Architecture

      From these lists we can infer a few things. Firstly, it should be clear that the usual heuristic rules people carry around about copyright are not reflected in the laws. Those who defend copyright often talk in terms of an artist's "right" to control their work, yet clearly there are many artistic endeavors in the first list that go without protection. Similarly discussion about artistic incentives seem strange, given that some creative acts are afforded the incentive of copyright and others are not.

      Which brings us to the second thing worth noting. Do the protected acts (second list) generate far more valuable creativity/art than the first? It can be very difficult to measure the impact and importance of creative work. (For what it's worth, the economic activity associated with the unprotected items dwarfs the protected ones.) So let's consider an easier question: Is there a lack of creative output for non-protected art (first list)? The answer is pretty clear: despite a lack of legal protection against copying, the activities in the unprotected list are vibrant, interesting, innovative, and rapidly advancing. Despite the lack of protection/incentive (arguably, because of it) these industries create interesting new products, artists devote themselves to inspiring works, and large sectors of the economy grow as a result.

      So the question becomes: considering that we have ample evidence that many creative activities can thrive without protection, what is the justification for copyright protection? I do agree that there are some differences between the lists (e.g. it's trivially easy nowadays to copy music, whereas copying a hairstyle requires more effort and a skilled craftsperson to do the work each time). But even in cases of very close analogy (photographers claim they need protection for prints of their work; meanwhile the fashion industry has found a way to stay relevant without protection, even though they are just selling a style/look/etc. that others can and to copy).

      I think there are many examples where creativity thrives without copyright. That doesn't mean that copyright isn't a good idea (maybe creativity thrives even more when protected?), but it does mean we should be very suspicious of simplistic arguments that claim creativity/art wouldn't exist in a world without restrictions on copying.

    157. Re:Duh? by Big+Boss · · Score: 1

      Wouldn't that be #1?

    158. Re:Duh? by HungryHobo · · Score: 1

      Even then it's utterly false since insanely vast quantities of recipes flow into the public domain all the time.
      There's no shortage of variations on any dish you can imagine out there shared freely.

    159. Re:Duh? by MaerD · · Score: 1

      This should probably have been replaced with "don't see what they are doing as wrong". They think it should be legal because they do not think it is wrong.

      --
      I put on my robe and wizard hat..
    160. Re:Duh? by nomadic · · Score: 1

      No, "republic" refers to the ultimate ownership of a state; for the people. Democracy is a method of governing that state.

    161. Re:Duh? by photomonkey · · Score: 1

      Outside of certain industries - typically those working on very large productions associated with label 'cartels', many artists (myself included) ARE independent and DO maintain ownership of their work directly.

      We often don't think of 2-D artists (painters, photographers, printmakers, etc.) and writers as artists affected and protected by copyright law, but they are. As we live in an ever more digitally connected world so-called piracy of digitized media is an increasingly large threat to these groups

      I'm happy to say that as an artist (as the sole source of my employment), I am not living in a gutter. Filthy rich? Far from it. But I'm not starving.

      Ownership of my copyright allows me to control the use of my work; in turn allowing me to protect my professional image and profit from my labor.

      There is certainly room to reform copyright law as it exists in Berne Convention countries, but it is a necessary piece of legislation.

      As record labels shrink and/or disappear, we'll see more recording artists maintain ownership of their works. I assume they're the chunk of the group you assume comprises the "most artists" that don't own their own work.

      The argument itself that most people who generate "artistic" IP don't own their work is probably fallacious anyway.

      Oh, and Poe... I suspect his problems stemmed largely from psychological disorders and substance abuse problems - not his craft.

      --
      Message contains 1 attachment: spam.gif
    162. Re:Duh? by Americano · · Score: 1

      I never claimed that it was "basically free" to produce original material.

      Producing original material is a necessary prerequisite for having something to make "infinite copies" of. The size of the market you intend to sell to is also quite relevant to the economics of music production: if you expect to sell only 1,000 copies of a record it cost you $10,000 to produce, then you are losing money if you sell them for a penny less than $10 per copy - whether it's digital or physical distribution doesn't matter. And yet we still have people arguing that 99 cents per song for 10 songs is just entirely too much money to spend on any music, ever, because it all should be "basically free."

      I claimed that it was "basically free" to produce additional copies of that material.

      And my point is that this is a disingenuous claim, because it ignores the cost of producing the original copy, which the sales of *all* of your "basically free" copies must compensate for. Should we assume that the size of the market is 7 billion people, and price everything accordingly, with a price that approaches (but will never reach) zero - even knowing that no artist will EVER come close to selling that many? Or should we instead be guided by the realization that most albums (or songs) will sell a few tens or hundreds of thousands of copies, and that the asking price should allow somebody who sells that number of copies to receive a reasonable compensation, even knowing that that means that somebody turns out to be wildly popular and sells a couple million copies might just end up rich?

      I'd suggest that any society which thinks that its artists should *be* - and *remain* - "poor starving artists" are engaging in parasitism of the worst order: asking somebody else to suffer to produce something so that you can be entertained with minimal inconvenience.

    163. Re:Duh? by Maxo-Texas · · Score: 1

      This is news? It was apparent as early as the 80's that content sharing groups do so out of pride and altruism.
      They care about getting out first.
      They care about getting a rep.

      Most users
      Don't care and just want the content.
      Are happy to share content they have to get new content.

      If the RIAA/ Government actually shuts it down,
      The size of the market is much smaller than they think.
      There is a lot of free content out there and it is improving in quality and popularity.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    164. Re:Duh? by nomadic · · Score: 2

      You're actually linking to bizarre websites of "proof" of something? You are wrong, but so are most of the people on slashdot on this subject so don't feel too bad. A democracy is government where voting is used to determine actions taken, including whether to appoint elected officials as proxies for the will of the people. A republic, from the Latin res publica, or "public thing," simply means ultimate ownership of the state is held by the people. The United States is both.

    165. Re:Duh? by Anonymous Coward · · Score: 0

      I believe that copyright does not encourage creativity at all just look at movies, tv most of them are just the same story told over again, how may survivor, American idol clones do we need.

      People create because they have a love for what they do, not because you pay them. Saying to someone here is some money go be creative does not work. The fact that there have been some really poor, really good artist supports that, since you could probably may more money in another profession but they are driven to create.

      Copyright drives up the cost of production, I want use someone music to make my movie pay them royalties, I want to use a piece of software to generate some graphic, pay the creator some insane amount of money for something that cost them nothing to give. Lawyers fees to ensure you are not infringing on anybody else's patient, copyright

      Driving up production costs only serves to limit the amount of people who can create, increase the risk of producing the art (since failure costs more) so people only create sure things (i.e copies of previously successful items).

      I do agree with trademarks and no plagiarism, giving people credit where its due does not seem an unreasonable burden. These are just to say don't lie.

    166. Re:Duh? by drotte · · Score: 1

      What you're talking about here is essentially your personal philosophy. It's a religious position you are taking concerning what you feel is right or wrong. That's got nothing to do with the purpose of IP law. It's not to make things morally right. It's a practical compact to encourage creative constructions which benefit society. Songs, movies, inventions, drugs... No one is going to spend the time and energy creating those things if they can not then sell them. You could argue that a magical shift to public funding might occur, but somehow I think it might be less efficient. So it is not the lost profit that is the issue. What people have an issue with is that people who cheat this system basically seek out a special profit for themselves, while depending on everyone else to hold up the compact that keeps the music coming. They seek personal gain at others' loss, and as their numbers increase they risk an overall loss to society that would make life much worse for everyone.

    167. Re:Duh? by ScentCone · · Score: 2, Insightful

      Ah. So you're not avoiding the issue of lost sales because it's notoriously difficult to exactly pin down who would have purchased something vs. not purchase it in the context of easy piracy ... your contention is that every single person who watches pirated movies and listens to pirated music is someone who would not otherwise have purchased it... and that that makes copyright law irrelevent to piracy. And you were lecturing somebody else about their illogical beliefs?

      --
      Don't disappoint your bird dog. Go to the range.
    168. Re:Duh? by Anonymous Coward · · Score: 0

      you just stated: "what's wrong with a dictatorship?"

      Straw man arguments are lies.

    169. Re:Duh? by vm146j2 · · Score: 1

      "We are all lying in the gutter, but some of us are looking at the stars"

                                                                                                            -Oscar Wilde

      --
      "Lost time is not found again."
    170. Re:Duh? by ZombieBraintrust · · Score: 1

      You can lobby. you can vote. you can inform. you can raise awareness. you can debate. but just ignoring the fact that it's illegal doesn't make it legal.

      This is pure nonsense. Jury Nullification is exactly that. Civil disobediance is exactly that. There is the law and then there is de facato law.

    171. Re:Duh? by causality · · Score: 2

      ('loss' of 'right' to distribute their own works does not mean something was taken from them, because that's exactly the 'right' that I think shouldn't exist), Elevating yourself to the position of god doesn't validate your beliefs. Perhaps you might explain better why you believe an artist should not have the right to distribute their own works.

      Would you be inclined to explain why questioning the validity/legitimacy of a legal right is the same thing as "elevating yourself to the position of God"?

      I mean, that's very dramatic and everything but it is not reasonable. Copyright has not always existed. It exists now. It could also be repealed. It is clearly a man-made construct. One who questions this legal right or takes a position against it is dealing with one's fellow men, not with an almighty Creator God.

      If you come from the perspective of "inalienable rights granted to us by our Creator" as explained by the authors of the Constitution and Declaration of Indpendence, please do note, copyright does not appear in the Bill of Rights. It is rather one of the federal government's enumerated powers. It is not a God-given fundamental human right, such as the right to freedom of speech. It is a power granted to government as part of what you could call a social contract. It belongs in the same category as the power to tax and the power to regulate interstate commerce.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    172. Re:Duh? by Gerzel · · Score: 1

      Ok.

      I'd like to clarify, and well alter my previous statement.

      I DO agree that copyright in its basic form is a boon to scientists and artists.

      However, I also have serious objections to the current form it takes and the manner and methods of its enforcement.

      Furthermore, I don't think that copyright is the only way to ensure scientists and artists benefit from there work, or that any such way is strictly necessary for a free and just society.

      Copyright is a means to an end. It is not a natural right, if any such exist, but instead is a derived solution from the needs of society. It may not be, and probably isn't the only solution for those needs.

    173. Re:Duh? by ScentCone · · Score: 1

      When a law makes illegal something that a significant number of people do and don't see as wrong, that is a problem with the law, not the people breaking it. Indeed, such laws should continue to be broken.

      Gotcha. So when a couple thousand college students swarm out onto a street after a sporting event, and make up almost all of the people in that street (a "significant number" of them, to use your language), and they decide to torch a few cars and smash some store windows because they're pleased or upset at what happened in some game ... why, the laws against looting and vandalism are the problem, and should be broken. Right? Right.

      --
      Don't disappoint your bird dog. Go to the range.
    174. Re:Duh? by cheekyjohnson · · Score: 1

      What you're talking about here is essentially your personal philosophy. It's a religious position you are taking concerning what you feel is right or wrong.

      So is the way that society currently works.

      It's a practical compact to encourage creative constructions which benefit society.

      This is precisely what I'm saying is illogical. The system is fundamentally flawed if someone has to introduce artificial scarcity to turn a profit. The system is flawed if we have to criminalize many, many people for committing an act which logically hurts no one. This is what should be fixed, not file sharers.

      I'm saying the problem lies somewhere else than where most people believe it lies.

      They seek personal gain at others' loss

      There is no loss. If you understood what copying is, you'd know that. 'Loss' of potential future gain also cannot equate to actual loss or harm because they never had said gain in the first place.

      --
      Filthy, filthy copyrapists!
    175. Re:Duh? by king+neckbeard · · Score: 1

      I think the problem is that people aren't very creative with business models, although there is quite a bit of evidence that suggests we actually made more media and progress when we didn't have copyright and patents.

      Now, to address the logistics. For most musicians, recordings are promotional tools. Their income isn't in the recordings, but rather in live shows and merchandising.

      Now, for movies, I have a potential plan that I think could work well. It's not that widely known, but movie theaters don't make significant profits on people watching movies. The real money is in selling popcorn and other concessions. So, if movies are already loss leaders to get people to buy popcorn, why not take it to a more extreme version of this, and have the big movie theaters fund movies. In exchange for a larger share of funding, they get the first run of copies, with minor contributors getting later copies. I would be very interested to see how this works, especially in regards to ticket prices. I would think this would favor cheap tickets in order to sell more food, resulting in the cost of a trip to the movies to go down, as theaters aim for high volume. This would be a great benefit to consumers, and could be better overall for the film industry.

      --
      This is my signature. There are many like it, but this one is mine.
    176. Re:Duh? by JonySuede · · Score: 1

      no it make it moral

      --
      Jehovah be praised, Oracle was not selected
    177. Re:Duh? by cheekyjohnson · · Score: 2

      your contention is that every single person who watches pirated movies and listens to pirated music is someone who would not otherwise have purchased it

      I'm sure that if you actually tried to understand what I was saying you wouldn't have arrived at this conclusion. Whether file sharers would or would not have bought the product is irrelevant to my entire point. My entire point is that even if they would have, the artist never even had their money in the first place. It is logically impossible to say that the artist lost this money because they never even had it! Not to mention that competition 'hurts' (at least by the "'loss' of potential future gain equates to harm" logic) businesses and people in the same way. If their competitors had not existed, people might have went to them instead. I even explained this in my post, but so many people ignore my points anyway.

      Read this.

      --
      Filthy, filthy copyrapists!
    178. Re:Duh? by Chapter80 · · Score: 1

      well, you can read the Wikipedia article for Republic, and see that different countries define the terms differently.

      In the US, Republic refers to "Representative Democracy" which is technically not a Democracy and not a Direct Democracy.

      I'm no civics teacher, so I'm not inclined to argue the point. The thing that set off alarms in my head though were his claims that the US is a majority-rule country, and what the majority says, goes, no matter how it impacts the minority. And this would be a "democracy" rule (not too far from "mob rule"), as far as I understand it.

      If you are arguing from definitions established outside the US, you may be right based on your definitions. And I may be right based on the US definitions.

      Then again, there exists the possibility that I have no idea what I am talking about!

    179. Re:Duh? by photomonkey · · Score: 1

      I also think we need to reform copyright law. To me, the idea that a non-human entity (corporations) can own copyright is not inherently wrong. However the idea that an indefinite entity can own work practically indefinitely is wrong.

      Interesting point about natural rights. Is the concept that we own what we make a natural right or not?

      As with everything else, there is no one right solution.

      However as an independent artist, I am concerned at the prospects of copyright law being strengthened for the corporation as it seeks to take all of my work and give it to all of my clients.

      --
      Message contains 1 attachment: spam.gif
    180. Re:Duh? by Philomage · · Score: 2

      You realise that trackers that require everyone to upload greater than 1:1 can't work in the long run?

      That's effectively a pyramid scam: someone has to lose out.

    181. Re:Duh? by devent · · Score: 1

      This video? http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html

      I have it in my bookmarks for people that keep saying that without copyright or patents an industry would stop innovate.

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    182. Re:Duh? by Anonymous Coward · · Score: 0

      Harm...
      1. It is now much harder for musicians to land recording contracts. Because music industry will only record big sellers as the other types would spread via file sharing.

      Why should you have to get a recording contract and is it so expensive to produce music, The technoligy is available so that is should be cheap and easy to produce without selling your sole to a multinational corporation.

      2. Not respecting the license is a bad thing pirating software is just as bad as taking GNU software bundling it and not giving access to the source.

      personally I prefer the BSD licence, but the reason I feel more empathy for the GNU licence is at least they are trying to "improve the world" not make money.

      3. Distorts supply and demand and free market economy as it creates a high supply lowering the cost of the software. Meaning us professionals don't get paid alot.

      Monopolies distort supply. Basic economics says cost of a product should tend to the marginal cost of producing it because of completion. music is not homogeneous so what you are doing with copyright is create an artificial monopoly.

    183. Re:Duh? by ScentCone · · Score: 1, Insightful

      I'm sure that if you actually tried to understand what I was saying you wouldn't have arrived at this conclusion

      Oh, I hear you loud and clear. You're plain as day.

      Not to mention that competition 'hurts' (at least by the "'loss' of potential future gain equates to harm" logic) businesses and people in the same way.

      No. Legitimate competition faces the same challenges as their competitors. All businesses (from artists to large corporations) face competition. It's factored into how they address the market they're in, and anyone competing to enter that market has to find away to address the costs, risks, and work involved in producing something that will either grow the market, or make their offering more attractive.

      But someone who enters into a market with the advantage of having lowered their costs or risks by ripping off something that their competitors otherwise pay for (like R&D investments, or third-party services, etc) distort that market. You can't really call someone who breaks the law in order to beat you a competitor, per se. They are harming the other people in that same market, because they're deliberately breaking the market's rules in order to have an advantage. Their ethical competition won't do that, and are thus harmed.

      never even had their money in the first place

      So if only one person buys a ticket to a concert, and 9,999 other people jump the fence and sneak in so they can get their entertainment without having to pay what the artist has asked, that's cool ... because the artist never had their money in the first place, right? Hey, they're performing anyway, so it's not like they have to do any extra work to entertain those extra few thousand people or anything. One ticket sale should be more than enough for them, don't you think? They haven't lost anything if that one paying customer holds the fire escape door open for thousands of his close personal friends, right?

      --
      Don't disappoint your bird dog. Go to the range.
    184. Re:Duh? by mcgrew · · Score: 1

      Without copyright, artists would be living in gutters like Edgar Allan Poe used to do.

      Copyright was in force when Poe was alive, but not when Shakespeare lived. Why do you assume that without copyright, artists would all starve?

      However, I agree that a reasonable copyright will encourage new works, and also that 14 years with is reasonable. I also think they should bringback mandatory registration and a mandatory copyright date printed on copyrighted works.

      The current length, rather than encouraging artistic innovation, discourages it. Art, like technology, is built on what came before. Imagine how technology would stagnate if patents were as rediculously long as copyrights?

    185. Re:Duh? by TubeSteak · · Score: 1

      That's nice, but that wasn't his point. When you copy something, no one has lost anything due to that copying. In order for them to lose something, they must already have it in the first place. See my other post for more details.

      Odd how you never mention the copyright owner's exclusive right of distribution in either of your posts.
      The right of distribution kinda blows a big hole in your train of logic.

      It is something that the artist has the instant they create their work.
      It is something that the artist transfers in return for upfront money.
      The exclusive right of distribution never goes away and copying does in fact damage that right.

      --
      [Fuck Beta]
      o0t!
    186. Re:Duh? by cheekyjohnson · · Score: 1

      Odd how you never mention the copyright owner's exclusive right of distribution in either of your posts.

      It's irrelevant to my point. I don't think they should have personal monopolies over digital media for reasons that I've stated in both of my posts.

      --
      Filthy, filthy copyrapists!
    187. Re:Duh? by cheekyjohnson · · Score: 1

      Legitimate competition faces the same challenges as their competitors. All businesses (from artists to large corporations) face competition.

      Yes, they all do face competition (or most). They all face the 'theft' of potential future gain.

      But, again, it logically isn't possible to equate 'loss' of potential future gain to harm because they never had the gain in the first place.

      You can't really call someone who breaks the law in order to beat you a competitor, per se.

      Yes, you can. If they provide a better service, illegal or not, they are competitors.

      So if only one person buys a ticket to a concert, and 9,999 other people jump the fence and sneak in so they can get their entertainment without having to pay what the artist has asked, that's cool ... because the artist never had their money in the first place, right?

      Yes, it is. Logically, nothing was taken.

      --
      Filthy, filthy copyrapists!
    188. Re:Duh? by UnknownSoldier · · Score: 1

      > It's almost taken as a given that the world would have less creativity without copyright but I do wonder.

      Uhm, you want to tell that to the Fasion Industry ?

      http://blog.ted.com/2010/05/25/lessons_from_fa/

    189. Re:Duh? by Anonymous Coward · · Score: 0

      Two, if you go by some of the non-show sources.

    190. Re:Duh? by dannys42 · · Score: 1

      It's one of those questions, I think, where there really isn't a clear answer. Just to play devil's advocate here. I like to look at what goes on in China in terms of products (software, tech, etc.).

      (I may not be fully informed here, so someone feel free to correct me.. I'm just offering my observations). China may have some copyright laws, but the whole culture appears different there... where piracy is just another part of business.

      So it seems like there, you have an increasing amount of innovation centered around how to pirate and distribute things. This makes sense, since creation of the original is difficult, time consuming, and expensive. But trying out new tactics to get people to buy your warez is relatively cheap.

      So I actually wonder if they had a stronger copyright enforcement system, if they'd perhaps then be forced to be more creative in product creation.

      So perhaps our current copyright system is flawed, but not having a copyright mechanism may be at least equally flawed. Perhaps there's a middle ground (or something entirely new?) that we need.

      (Of course, China's issues could also be largely cultural. We in the US do seem to hold individuality and creativity in high regard.)

    191. Re:Duh? by Antisyzygy · · Score: 1

      Typically, the record industry companies do keep rights to the musicians music. The contract may state the musician gets to perform it at any time, and that they get a percentage of each sale, but overall the record industry gets to decide when and where to release the music, and who gets to use it at what price. As an artist gets more popularity, like Elton John or Ray Charles, they can demand that their music copyrights are theirs just because a record company would be stupid not to cater to them. As far as new bands are concerned, its not uncommon for them to get ripped off.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    192. Re:Duh? by coaxial · · Score: 2

      Think Ferengi. Altruism is criminal, or insane, or both. Not turning a profit on any transaction is Against The Ferengi Way.

      Grand Negus Ayn Rand couldn't have said it better.

    193. Re:Duh? by Vanderhoth · · Score: 1

      It seems to me you're saying that ripping off someones work is worst then creating artificial scarcity in order to turn a greater profit, rip off your customers and then turn around and blame piracy when people stop buying your product.

      both are equally bad in my mind and I'm pretty sure the whole piracy issue won't be laid to rest until entities come up with a way to compete in an open market in a way that isn't screwing their customers over.

      A couple suggestions that I commonly read are: 1) Stop limiting what people can do with stuff they legitimately bought and 2) Stop pretending something that's worth $1 is worth $20 or $50 because it can't be bought anyway else even though it's costing the company nothing to copy (Not produce, but to copy) the commodity.

    194. Re:Duh? by Jah-Wren+Ryel · · Score: 1

      So most leechers (who make up the majority on any file sharing network) are, in fact, motivated by money. Most seeders are not, however (duh).

      I think that's a simplification that misses the point.
      It's not that they want it for free, it's that they want it only enough to download it.
      If it were not available via piracy, most would never bother.
      That may seem like a fine point, but the distinction is meaningful - the price/demand curve for entertainment is extremely elastic.

      --
      When information is power, privacy is freedom.
    195. Re:Duh? by sourcerror · · Score: 1

      All rights are social constructs. I can't observer "natural rights" in my microscope.

    196. Re:Duh? by Anonymous Coward · · Score: 0

      ('loss' of 'right' to distribute their own works does not mean something was taken from them, because that's exactly the 'right' that I think shouldn't exist),

      Perhaps you might explain better why you believe an artist should not have the right to distribute their own works.

      Explain to me why you should not have to pay whenever you enter a house I designed.

      Explain to me why you should not have to pay when you use any object that I might have worked on.

      Explain to me why you should not have to pay for utilizing any material that might have been beneficially influenced by my actions.

      Explain to me why you should not have to pay for interacting with any configuration of matter that has a past light-cone overlapping with my past light-cone.

    197. Re:Duh? by mcgrew · · Score: 1

      Good post, except one point. You don't own a patent; patents expire. You merely hold a patent, same as a copyright.

    198. Re:Duh? by TuomasK · · Score: 1

      I don't usually share, except on Private trackers having restrictions that block you if you do not upload ABOVE 1:1.

      Everyone can't have ratio over 1.0, it's not possible.

      --
      The truth or interpretation..
    199. Re:Duh? by Anonymous Coward · · Score: 0

      While I find your analogy a little bit of stretch it hints at the idea. You shouldn't be able to copyright an idea, only a specific product that you created through your effort.

      When it comes down to it, no effort should be free unless explicitly desired by the person who expended the effort.

      Now whether anyone values the effort is a different debate, but the implication that effort should be free because you can copy some bits is ludicrous.

    200. Re:Duh? by HungryHobo · · Score: 1

      oh I'm not totally against copyright, it's more of an interesting thought experiment.
      Copyright really makes quite a lot of sense when it comes to books and that's where it's started.
      But gradually it's scope has expanded to cover more and more things, many of which are far far harder to defend.
      At every step along the way someone has been saying "we work hard too, why is their work considered more special" and so copyright grows to cover everything.

      My example works better for sheet music than for MP3's and live performances rather than recordings yet you'll get a DMCA for sheet music or your own performance of a piece of music like like you will for hosting an MP3.

      the very fact that this short paragraph of casual musing that I'm writing now is automatically copyrighted and thus shares all the protections that used to be reserved for a book which someone might take years to write is a travesty.

      I'd also argue that political campaign material should be ineligible for copyright and that "fair use" should have far more leeway when it comes to political speech since as it stands if you reproduce a large quantity of a candidates more embarrassing material to use against them they can go after you with copyright laws and copyright claims can destroy anonymous protest as a bogus copyright claim has be be challenged non-anonymously.

    201. Re:Duh? by Anonymous Coward · · Score: 0

      "In the US, Republic refers to "Representative Democracy" which is technically not a Democracy and not a Direct Democracy." You are the one with less than a High School education on the subject, and you have officially lost all credibility on this web site for being uneducated.

    202. Re:Duh? by Anonymous Coward · · Score: 0

      no, we CANT "lobby. you can vote. you can inform. you can raise awareness." we ARE raising awareness, and its slowly working. i dont know how u want us to lobby, its worthless, mafiaa has billions and controls MOST media, so we cant really raise awareness in the lamestream media can we? lobbying aint an option, look at america vs any big corporation. as far as voting goes, you saw what the whole "hope and change" thing turned out to be, more bs lies by some dbag in the pockets of the same lobbyists. and no matter WHO wins, theyre owned by the same dbag lobbyists, and corporations. money blatantly wins in todays government every time. maybe ur aware of the connections between the lobbyists, banks, regulators, and politicians? well its not just the banks, mafiaa and bp that are like this, almost ALL corporations own the government and steal from our world and sell it back to us. as far as magic fairies making shit legal? theyre called politicians, and theyll happilly make blu ray rips legal if you can out-bribe (lobby) mafiaa, good luck with that.

      whats really out of touch is thinking that the status quo is working and justified. because on our end, we see how blatantly corrupt our government is. that its willing to drag single mothers and children through multi million dollar lawsuits to "set an example". that corporations can lie, and bribe, and spread viruses and its cool cuz theyre rich. u try pulling that clandestine rootkit cd trick on a sony exec and then see who goes to jail. the system has been bought and paid for by corporate parasites with OUR tax money (subsidies, blank media tax, etc) to disenfranchise us. yes thats what it is when a small, wealthy overclass uses money instead of real votes to make something illegal that a majority thinks is ok, disenfranchisement. our votes dont matter anymore, and they havent for a while now guys. if all of mafiaa and all of the internet had a vote today who would win? but nope, u go the "its illegal" route. gay marriage is illegal in places, widow burning IS legal in places, as well as female circumcision, cutting off hands. criticizing the government can land u jail time in china, and dont even try to smoke a bowl in a muslim country, ull never be seen again. what we did in vietnam was legal. slavery was legal. hows that war on drugs/ terrorism working out? so dont preach dumb "laws" at us because ur too lazy/ dumb to make a real argument. this is the internet, were all too well read for that to fly.

      what really needs to happen is all the civil disobedience we can muster. example: wikileaks. is wikileaks bad for usa? probably, but then again the governments been pretty bad for usa recently too. so should some guy be leaking shit? hell yeah, because obama bin biden aint fixing shit, and maybe it "threatens" national security, but its like the boy who cried wolf, big gov has pulled too much to be trusted. wikileaks isnt ideal but what else can we do? bend over again?

      same with copyright. sure ppl should be paid for their work, but not mafiaa, not ever, till theyre ALL gone. id rather start the whole media thing over again than let the same a holes back in power. is it ideal? hell no, but these people are horrible greedy criminals that ruin the world and were better off with a fresh start.

    203. Re:Duh? by frank_adrian314159 · · Score: 1

      1. It is now much harder for musicians to land recording contracts. Because music industry will only record big sellers as the other types would spread via file sharing.

      No, the major recording industry (as opposed to the music industry) is still signing smaller acts. Yes, the number of small acts signed is smaller than in the past, but that's the same as the situation with major book publishers - are the book publishers suffering from major "book piracy"? No.

      In reality, the situation is as follows: It takes hundreds of thousands of dollars just to get one single promoted to radio stations, let alone the millions in associated costs to advertise the CD from which the single was taken, support the touring of the band/artist and, in general, catch the ear of the public in an ever more fragmented media environment. Marketing now costs so much that resources must be concentrated on a small number of artists that are almost certainly guaranteed to turn a major profit - and damn few of them at that. You will hear about those. The rest of the folks signed by the majors get a pittance in promotion and make up a very small pool of the major's revenues - you don't hear about them because there's no promotional budget left to promote their deals, concerts, and records. The exact same thing is happening in books, as publishers need to pay via deep discounts to get on to shelves of limited bookstores and spend big bucks to promote their winners. And I don't think that book "piracy" is a big deal.

      Plus, you just have to check out the torrent sites to see that "the other types" are not spreading as widely through sharing. You can get the latest from the large-selling artists within about a millisecond of the latest release. It can take months for a minor artist to show up in torrents and often those aren't around a long time.

      --
      That is all.
    204. Re:Duh? by metrix007 · · Score: 1

      Fool. That candy bar has a real cost that causes a real loss to the 7-11 owner and the maker of the candy bar. COPYING a song on the internet does not as it DEPRIVES NOTHING.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    205. Re:Duh? by ncc74656 · · Score: 2

      Wouldn't that be #1?

      Nope...the First Rule of Acquisition is, "Once you have their money, you never give it back."

      --
      20 January 2017: the End of an Error.
    206. Re:Duh? by metrix007 · · Score: 1

      A few thousand college students is not a significant number. Hundreds of thousands is.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    207. Re:Duh? by ScentCone · · Score: 1

      both are equally bad in my mind and I'm pretty sure the whole piracy issue won't be laid to rest until entities come up with a way to compete in an open market in a way that isn't screwing their customers over.

      It's simple. If you don't buy something you're not a customer. If you don't want to be a customer on the terms the artist has chosen when they offer their work for sale, then just walk away. There, you can't possibly be "screwed over," and neither can the artist. If you're right, and there's a huge pending market for artists who can make a living by giving away what they produce, then surely you can find them as a source for your entertainment, right? The internet is a huge place - I'm sure you can locate some willing donors who want you to spread their work around without compensation. They're out there. Why do you need "entities" to convince more of them to do that?

      If you can make a case that an artist will be better off without copyright protection, and that they'll make a better living and be more able to create their works if they don't ask a price for them, then make that case. Don't just wave your hands and hope for some magic "entity" to do it for you. Go ahead: outline the business model.

      --
      Don't disappoint your bird dog. Go to the range.
    208. Re:Duh? by JesseMcDonald · · Score: 2

      You are making two major mistakes here. The first is the—far too common—idea that copyright (in the United States) is meant to be some sort of balance between producers of copyrightable works and the public. It's not. The purpose of copyright is entirely to enrich the public domain, for the benefit of the public. The means by which this is done is to trade away a part of the public's natural freedom of speech and other property rights in regard to copies of an original creative work in a time-limited distribution monopoly as an incentive for someone to create the work in the first place.

      (Note that the constitutional conflict between copyright and free speech is well-documented; copyright came very close be prohibited as a violation of the 1st Amendment. It was only permitted as part of the compromise which created exceptions for "fair use".)

      The second mistake is here:

      Artists have a right to set a price for their work.

      On the contrary, one only has the right to set a price for their alienable property. Inalienable property (such as self-ownership) obviously has no price, as it cannot be traded away. That which is not property, such as a "work" in the copyright sense, cannot have a price for much the same reason—as a non-rivalrous good, no one need seek your permission to benefit from it; the fact that the good is non-rivalrous means that their benefit causes you no harm, which in turn means you have no rational basis on which to seek compensation as you would were someone to interfere with your use of your own rivalrous property for their own benefit.

      Artists and the like are, of course, free to set a price for the labor of creating an original work, or of distributing a work (original or otherwise) to an individual buyer or the public at large, or for access to any of their property in which a work may reside. They can also seek to control distribution through contractual relationships, much like trade secrets, but in this they are limited to seeking compensation voluntarily agreed to in advance as part of the contract; they cannot go after anyone outside the contract for simply receiving or distributing the work in question.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    209. Re:Duh? by Anonymous Coward · · Score: 1

      (apolgies, just found this site today!)
      I enjoyed the argument, and wanted to chip in too.
      Why is it when you visit your Mum, the first thing she wants to do is feed you? Natural instinct yes, but also because Mum's enjoy preparing food and enjoy even more the satisfaction of those partaking when they say how nice it was. Same for the musician chap, strums away to himself for ages, then gets a buzz out of an audience when the performance is good.
      But you are only dealing in the arts here. What about engineering and manufacturing? Up to their eyeballs in patents and the like and the biggest corporate paranoia they call industrial espionage, even though most cars look like one another these days, it is really baffling to wonder what all the fuss is about.
      So, instead of all this copyright and trade secrets, their could be collaboration. Instead of waiting for 15 years to be able to copy some gadget, we could all use it now for the benefit of all. Then there's computer code. I use CAD, which is stupidly expensive because they really don't want to share. People love their igadgets- but they wouldn't exist without CAD right? Most companies can't afford high-end CAD, so therefore only the ones that can are able to produce and sell such products. So, who benefits, the bosses and shareholders and the public sit waiting for the next big thing. What if every kid coming out of school was a whizz at CAD because they've had it on their computer for years just like all the other stuff? Wouldn't that be a boost to innovation?
      My wife said to me years ago; how we are all conditioned to participate in competion from a very early age (school sports anyone?). Programmed to compete (or fight) and not programmed to collaborate ( or love). It's a bit deeper than mp3s why file sharers aren't bothered about money!
      Regards. Brian Williams.

    210. Re:Duh? by Mister_Stoopid · · Score: 2

      Moreover, requiring your users to maintain a 1:1 ratio guarantees that your torrent site can never really be private, since you'll always need a constant influx of new users to replace the banned "leeches" and prop up the "good users" ratios. If you want a good, healthy, private tracker it's probably best to require a ratio somewhere between 0.5 and 0.7.

    211. Re:Duh? by terminalhype · · Score: 1

      "It's almost taken as a given that the world would have less creativity without copyright but I do wonder."

      How is that a "given"? Do you believe that creativity did not exist before copyright?

    212. Re:Duh? by Anonymous Coward · · Score: 0

      Sorry! The above reply was meant for Nomadic, and NOT capter80. The point was that if you can't read a different between a republic (the USA) and a (true) democracy, the you have reading comprehension problems.

    213. Re:Duh? by Spydeh · · Score: 1

      Let me get all this straight. I can give away my physical cd/dvd, but if I give away my digital copy it is illegal? What if I give away my cd/dvd some uses it or even copies it for there own use then gives it back to me, is that illegal? Lobby you say, imho the source of all that is evil in this government. Ok, Ill bite, let's lobby, oh wait, the RIAA spends millions of dollars paying off and bribing political officials and judges, I mean lobbying. Well since I dont have enough money to lobby effectively. And may I add if I recall Obama appointed two yes count them two of the RIAA's lobbyists to some legal positions. Well then I propose this, we need to start a site where we all give each other our physical copies of our cd/dvd's, we will call them donations. I am going to donate my Tinkerbell Blu Ray to you. Ironically you can clap your hands and Tinkerbell will drop that Blu Ray in your lap. Then we can sit back and watch the RIAA try to fight donating.

    214. Re:Duh? by cinderellamanson · · Score: 0

      I think the greatest road block to any kind of agreement here is that so many individuals in power are refusing to acknowledge the fact that that nature has changed. Copying files is as natural to this generation as listening to the radio was in the past.

      --
      Hey buddy, can i bum a karma? ~}CinderellaManson{~
    215. Re:Duh? by HungryHobo · · Score: 1

      I meant in any debate not taking place on slashdot or similar forums.
      did you actually read the rest of my post beyond that line?
      My whole argument was that people are very creative and productive even without any kind of copyright protection for their work.

    216. Re:Duh? by ScentCone · · Score: 1

      Yes, it is. Logically, nothing was taken.

      Well, at least you're finally calling it like it is. Your position is that if you can rip it off, you should, because the artist isn't doing a good enough job at preventing you from sneaking into their concert. Your logic insists that anybody who can get around paying for a concert should. So, ideally, nobody would pay, right?

      The artist does the work of preparing for the concert, and offers tickets for sale. If nobody is interested, the artist has lost the gamble, and did the preparation for nothing. But if people are interested, and pay, it was a good gamble. You're suggesting that anyone who wants to should be able to trump the artist's offering, and just rip off the experience of the concert on their own terms because they're able to jump the fence. That, logically, ignoring the wishes of the artist and the offering made for the experience of enjoying their work, the audience can and should simply bypass the artist's offer and find a way to pirate what they want. They want what the artist is offering, but aren't willing to engage the artist in a market ... because they know how to cheat past what the artist has offered. This is how your ethics work? I'm guessing you walk out on a lot of restaurant and bar tabs, too.

      --
      Don't disappoint your bird dog. Go to the range.
    217. Re:Duh? by simon0411 · · Score: 1

      Because people buy sheet music to study, play in private, whatever. There's no need to get intentionally obtuse here.

    218. Re:Duh? by cheekyjohnson · · Score: 1

      Your position is that if you can rip it off, you should, because the artist isn't doing a good enough job at preventing you from sneaking into their concert. Your logic insists that anybody who can get around paying for a concert should. So, ideally, nobody would pay, right?

      No, and you saying this makes it very clear that you have no idea what I'm talking about. I'm saying that logically, nothing is taken. That's it.

      As for my opinion about people buying digital media (which I previously said nothing about), I believe that if the person likes the media and the author is deserving (which they probably often are), they should buy the media if they wish to see the author make future products. They aren't hurting them by not doing so, however.

      If the file sharers want to see the author make future products, they should obviously pay them.

      This is how your ethics work?

      I could assume that you wish for artificial scarcity and wish to criminalize people which logically do no harm to anyone else, but I won't. As I pointed out above, I said nothing about what people "should" do.

      But, I did say this:

      I believe that instead of criminalizing the entire population for deeds which logically don't hurt anyone, we should instead fix (or try to) our broken capitalistic society which almost forces artists of digital media and other people to introduce artificial scarcity in order to turn a greater profit. The real question is: how? We certainly won't get there by continuing to believe the false assumption that file sharers are hurting others, that much I know for certain.

      I believe that it's our capitalistic society that needs fixing, not file sharers, and not artists (they're only trying to make a living, I understand that).

      --
      Filthy, filthy copyrapists!
    219. Re:Duh? by HungryHobo · · Score: 1

      and people buy recipe books to study, prepare the dishes in private, whatever.
      I'm not being obtuse, you're being intentionally dense and ignoring the point.

      you've not explained why one is worth of copyright protection while the other is not.

    220. Re:Duh? by MysteriousPreacher · · Score: 1

      You're technically correct, but only in the sense that leads to furious mental masturbation in lieu of discussion. I think most other people here are looking at conclusions and points that actually map to the real-world - not logic and semantic games.

      A conversation with someone playing these games is derailed by the insane amount of time spent having to pedantically define commonly understood terms so as to match their rather unique interpretation of them. Not technically wrong, but certainly it gives the impression of someone more interested in verbal fencing than dialogue.

      --
      -- Using the preview button since 2005
    221. Re:Duh? by aztracker1 · · Score: 1

      I'm pretty much the same way... and the only things I tend to download/share are things that have been broadcast over the air, or are not supported (old game system roms).

      --
      Michael J. Ryan - tracker1.info
    222. Re:Duh? by kahless62003 · · Score: 2

      18: A Ferengi without profit is not Ferengi at all

    223. Re:Duh? by Anonymous Coward · · Score: 0

      Nice logic... Then per your logic, a number of African nations shouldn't bother with rape laws since it's something a "significant" number of men do regardless of the law (25% according to a recent article). Laws making rape a crime must be a problem if such a significant number of men are doing it.

      Any other bits of wisdom you want to drop on us?

    224. Re:Duh? by Vanderhoth · · Score: 1
      1) Entities in this case means artists as well as corporations.

      2) what I said was

      It seems to me you're saying that ripping off someones work is worst then creating artificial scarcity in order to turn a greater profit, rip off your customers and then turn around and blame piracy when people stop buying your product.

      In other words it doesn't matter if I buy a product or not. If I don't buy it I must be pirating it. If I do buy it I'm getting screwed.

      There are artist out there that make money off of giving away a product.

      A local band in my area allows people to download their music for free. They've created a good following doing so. In return they get paid for live performances at local pubs and various events; The annual Buskers festival is a big money maker for them.

      I use to go to school with the drummer who quit Com. Sci. in our second year because he was making a killing. I joke that he made a good choice because he's a much better drummer then he was a programmer.
      Now I work as a Software developer and he's still the drummer. He's making about as much as me, but didn't have to rack up a huge student loan to do it. Sure in a few years, I might be making more then him, but I guess that will depend on how much more popular his band gets.

    225. Re:Duh? by bjourne · · Score: 1

      I know this is /. where people doesn't have any clue about money. But does anyone for a second think that a site that is chock full of ads and is the 90th most popular site in the world is not making money? The hosting costs for the site is at most a few hundred dollars per month. The income from advertising is at least $100k per month.

      Even if the owners of tpb wouldn't be liable for copyright infringement, they are still guilty of tax evasion on a major scale since they haven't declared the income for it.

    226. Re:Duh? by lvangool · · Score: 1
      Essentially, your reply boils down to this:

      I do agree that there are some differences between the lists (e.g. it's trivially easy nowadays to copy music, whereas copying a hairstyle requires more effort and a skilled craftsperson to do the work each time). But even in cases of very close analogy (photographers claim they need protection for prints of their work; meanwhile the fashion industry has found a way to stay relevant without protection, even though they are just selling a style/look/etc. that others can and to copy).

      I understand your point. But the fashion industry is selling that carefully created style/look/etc. through clothing, fragrances, etc. So your observation (some things are copied more easily then others) still holds, and this fact explains the difference. Easy. (one other thing that follows from the 'sell something by creating a style/look/image' is that one needs protection from somebody copying your stuff and using your marketing expenses to munch of off you. This protection against fake branded clothing/jewelry/fragrances is very real.

    227. Re:Duh? by enderjsv · · Score: 1

      Easy. None of those things you mentioned are threats to the financial sustainability of the industries that rely on them. Architects make quite a bit of money designing house. I don't think the current architectural industry needs a system like copyright to survive. However, if it ever did, I'd be there arguing for it.

      I think the major difference between things like housing, recipes and hair designs is that they're difficult to reproduce. Music, movies and software aren't quite so difficult. Maybe if there was a button that could instantly create a house for someone to live in, then architects would be more likely to pursue a copyright-type protection in order to assure they get paid for their designs.

      Honestly though, it blows my mind how many people are so easy to dismiss copyright protection as evil when all it really seeks to do is assure that artistically creative people are able to survive off their work. Sure, the current copyright model has been abused by large corporations, but that's why we should be seeking copyright reform. I'm not about to start reasoning that all copyright is evil.

    228. Re:Duh? by drotte · · Score: 1

      Lost opportunity is a real, actual, bona-fide cost. But I'd agree with you if you argued that the cost is small, per-copier, and that many copiers would never choose to buy the material in the future anyway. But when the person who found value, and would have been happy to pay, sees others paying nothing, that person will then also pay nothing. That's a real lost opportunity. And worse, it extrapolates out, obviously, to less compensation to artists, inventors, scientists, actors, etc., which leads in my opinion to a less fun life.

    229. Re:Duh? by Anonymous Coward · · Score: 0

      You can't make something immoral by making it illegal.

    230. Re:Duh? by Culture20 · · Score: 1

      Not turning a profit on any transaction is Against The Ferengi Way

      Which Rule of Acquisition is that?

      The twenty-first rule is "Never place friendship above profit," according to the appropriately named DS9 episode "Rules of Aquisition". If even friendship is not above profit, then the only reason not to turn a short-term profit is to turn a long-term profit. Ergo, always turn a profit.

    231. Re:Duh? by clone52431 · · Score: 1

      It is now much harder for musicians to land recording contracts. Because music industry will only record big sellers as the other types would spread via file sharing.

      First of all, I doubt very much that is the primary reason the music industry only records big sellers... the most obvious reason being MONEY. The very phrase “BIG SELLERS” tells you exactly why the music industry records them!

      Secondly, “big sellers” don’t spread via file sharing? Popularity is the primary factor in both sales and file sharing, and file sharing and sales are generally correlated. Implying that an inverse relationship exists between sales and file-sharing is beyond ignorant; it is downright contrary to reality.

      Not respecting the license is a bad thing pirating software is just as bad as taking GNU software bundling it and not giving access to the source.

      Apples to oranges. Copyright is designed to give the artists certain rights, the free software licenses are designed to give the consumer those rights.

      Distorts supply and demand and free market economy as it creates a high supply lowering the cost of the software. Meaning us professionals don't get paid alot.

      You’ve taken Econ 101, I see. Good for you. You should also know that if the price is low, the demand is higher. In other words, fewer people would buy it at the prices you want. Meaning you professionals don’t get paid a lot. And a lot is two words, not one.

      --
      Distributed Denial of APK: It takes 15 seconds to reply to him anonymously, but wastes tons of his time if we all do it.
    232. Re:Duh? by hitmark · · Score: 1

      I suspect what is needed is more fine grained copyright. Right now the laws applied to software are basically the same that is applied to books. This even tho most software have, to date, a shelf life that is 1/10 of a book.

      Some artists can work for hire, and so end up as something like a creative carpenter or plumber (first sale doctrines and all that may be a issue tho, as the first copyright laws where partially about printers getting a writers work and then mass producing it without providing said writer a share of the profits). Others can not and so would require more copyright protection. Then there is the issue of non-commercial use of copyrighted works. Doctorow have just put his latest project, "with a little help", up for grabs. Paperback from lulu, Limited edition hardcover, audio book on cd in mp3 or ogg, and the whole text for free for ebook readers. It will be interesting to see what the economic results will be.

      Still, there is something in basic capitalist thinking that if a market changes anyone that can not adapt should go bankrupt. A government should not pass laws in an attempt maintain a market for someone. Copyright was first and foremost about profit sharing between a creator (writer) and a mass producer (printer). But now anyone can be a mass producer as part of every day social interaction. And said interaction can have global reach.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    233. Re:Duh? by Anonymous Coward · · Score: 0

      No one is taking anything. They are copying them. HUGE difference.

    234. Re:Duh? by Anonymous Coward · · Score: 0

      This is only a Republic when Conservatives want it to be.

      Its a Democracy when they want to say "The Majority want this or that."

    235. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      Please explain how copyright infringement differs from counterfeiting money.

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    236. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      They are a government-constructed entity - like a corporation or paper money

      Or a deed to a house or a title to a car.

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    237. Re:Duh? by suutar · · Score: 2

      So the only thing they seem to have in common is that copyright wasn't available to them. I fail to see how you can definitively claim that the removal of copyright will result in one of those situations but not the other...

    238. Re:Duh? by Skarecrow77 · · Score: 1

      Very interesting idea, but then who decides which movies get funding? a "board of directors" from major movie theater chains? there's going to be some bureaucracy in there somewhere, and as soon as that's there, the seeds of MPAA 2 (the revenge!) start showing up.

      Also, as soon as we recognize that there's a team of a hundred people or more making a mainstream movie, we need someone to properly distribute money and manage resources. More bureaucracy. People hire managers to take care of that crap so they don't have to. Managers unionize. MPAA 3 (the quickening!) is born.

      Is it possible to have a movie industry that can produce and distribute films like the lord of the rings, star wars, iron man, narnia, die hard, etc without a structure of middle men making it all happen? Is it human nature for the "artists" (Directors, actors, cgi generators, etc) to want to hire people to do the bureaucratic and political "shit work" that takes time away from their art? isn't it human nature for those "shit work" people to then try and strengthen their own position? wouldn't that lead us right back to where we're at?

    239. Re:Duh? by The+End+Of+Days · · Score: 1

      Why because he wants it, and his greed trumps the greed of the creator.

      It's the mindset of a child.

    240. Re:Duh? by mcgrew · · Score: 1

      1. It is now much harder for musicians to land recording contracts.

      Contracts are no longer needed. Last century it took millions of dollars to record an album, these days it's the cost of a good piano.

      2. Not respecting the license is a bad thing pirating software is just as bad as taking GNU software bundling it and not giving access to the source.

      Only if you're selling those copies.

      3. Distorts supply and demand and free market economy

      So do today's insane copyright lengths. Copyright distorts supply and demand, because without it there is infinite supply. There is no reason why a Jimi Hendrix recording should be covered under copyright, let alone a Tommy Dorsey recording.

      If copyright laws were sane, sane people would no longer rail against them.

    241. Re:Duh? by cheekyjohnson · · Score: 1

      Lost opportunity is a real, actual, bona-fide cost.

      That would only be true if they lost something that they already had... which they didn't. They didn't 'have' the opportunity to begin with, and you can't own opportunity.

      --
      Filthy, filthy copyrapists!
    242. Re:Duh? by thomst · · Score: 0

      of course in a world where we're all free to take someone elses recipe, use it, copy it, publish it or even claim it as our own we know very well that fuck all harm has been done to the industry for the lack of legal protection on such creativity. We live in a world where everyone has family recipes but hardly anyone has family music.

      Actually, according to the USPTO, recipes ARE subject to copyright. What is NOT subject to copyright is lists of ingredients. So it's legal to copy the ingredients in a recipe, but it's NOT legal to copy the instructions on how to prepare, combine, and cook them, and claim them as your own work.

      --
      Check out my novel.
    243. Re:Duh? by kodomo · · Score: 1

      The chefs are payed for reproduction, not for the recipe. IF a machine is invented, so that you can input a memory card on it, and after some seconds there is a ready-to-be-served meal, no mater how hard or what ingredients are... then, the musicians would be as the chefs.

    244. Re:Duh? by cheekyjohnson · · Score: 1

      You're not copying physical objects for one, you're copying digital media. Money is a poor solution to our problems in the first place, and I don't see how that harms anyone.

      --
      Filthy, filthy copyrapists!
    245. Re:Duh? by Nethead · · Score: 1

      Unless you're a big name chef, yes. Food service pays crap all. Often the wait-staff makes more than the kitchen folks, including the chef and line cooks.

      --
      -- I have a private email server in my basement.
    246. Re:Duh? by Hognoxious · · Score: 1

      Good explanation of how democracy and republic are independent concepts, and a nice put-down down of a retarded meme largely perpetuated by idiots who see the word "direct" where it isn't written.

      I tend to think of it as a 2x2 grid, and you touched all the cells bar one - those that are neither democracies nor republics. There are a lot fewer than there were 200 years ago, but Saudi Arabia is one current example. The Vatican could be considered one also.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    247. Re:Duh? by HungryHobo · · Score: 1

      The paragraph of text of a recipe is subject to copyright like almost any other block of text.
      The information,ie the ingredients and the actual steps are not.

      it is not legal to copy the instructions on how to prepare, combine, and cook them, and claim them as your own work.
      It absolutely is legal to write your own instructions which convey the same information (ie how long to cook, at what temperature) and you can do whatever you want with them including claiming it as your own though that may be unethical.

      The block of text which describes a recipe is copyrightable.
      The recipe and the information of what steps to follow absolutely is not.

    248. Re:Duh? by Nethead · · Score: 1

      ..to copy a Chef is more than recipe. There is a style to the knife work, cooking and other skills required beyond ingredients.

      Seldom does the chef actually cook any part of your meal. The chef runs the kitchen, trains the line cooks, and expedites. He teaches the kitchen to follow his menu/recipes even if he is there or now.

      You should be able to, after training, replace any of the kitchen staff with any Bob, Jerry or Phil and still get the same food out to the table.

      You can replace a piano player but not the lead guitarist.

       

      --
      -- I have a private email server in my basement.
    249. Re:Duh? by Anonymous Coward · · Score: 0

      The key difference in those two lists is that the second list is doesn't lose any quality in the duplication process (for the most part). Text from a book isn't significantly impacted by being copied over and over again. Software source code can be compiled and work consistently over and over again (in theory anyway).

      The first list includes "products" that are inherently incomplete. Anyone who cooks knows that using a recipe is an art form in and of itself; using the same recipe, my friend and I will end up with two fairly different dishes. This doesn't take into account local/seasonal differences in produce, supporting tools (ie quality of the stove to cook it on), etc. I myself have a personal recipe that I've perfected over the years that noone else seems to be able to execute on, because it relies on a subtle technique to pull off.

      Unlicensed duplication has basically no effect on the former list. It is catastrophic to the latter.

    250. Re:Duh? by EdIII · · Score: 1

      You don't have them memorized yet? Hand in your geek card......

      Although, two of them could possibly apply here....

      Rule 10 - Greed is Eternal
      Rule 18 - A Ferengi without profit is no Ferengi at all.

    251. Re:Duh? by Anonymous Coward · · Score: 0

      Martin Luther King said it's our ethical obligation not to obey an unjust law.

      Of course, this doesn't mean avoiding the consequences.

    252. Re:Duh? by stillnotelf · · Score: 1

      No, the first is "Once you have their money, you never give it back". 18 is "A Ferengi without profit is no Ferengi at all", which is close enough.

    253. Re:Duh? by HungryHobo · · Score: 1

      yet sheet music is covered by copyright and a musician playing a popular piece in person with their own skill and own effort reproducing the work by hand is just as guilty under copyright law as someone who uploads an MP3.

      They are far closer to the example of the chefs yet they must pay royalties while the chefs need not.

    254. Re:Duh? by king+neckbeard · · Score: 1

      It'd probably be movie studios getting money from movie theaters, which is already the status quo. The difference would be some logistical changes and the studios leaving the internet alone.

      I'm not claiming that my plan will end corporate meddling in the arts, but it can at least limit the amount of power they have downstream. I'm just saying that we can get the same kind of movies we get now without copyright. Now, one advantage is that it would probably be less prone to consolidation than the media conglomerates we have today, which means the good things about market forces would apply to a greater extent.

      --
      This is my signature. There are many like it, but this one is mine.
    255. Re:Duh? by Anonymous Coward · · Score: 0

      So if I spend 6 months of my life writing a software program and then sell it for $50 to someone who then seeds it to a file sharing site, that's not harming me? Even if no one else will buy it from me because they can just download it for free? Spending 6 months working hard on something in exchange for $50 is ok with you? Even considering that plenty of people think the software is worth $50, but don't bother buying it because they don't have to? That's all ok because I still have my original and everyone else just has a copy, right? That's your argument? I suppose when I write software I should just make it all free and just hope these "altruists" will donate money to me so I can feed my family.

    256. Re:Duh? by hitmark · · Score: 1

      Before copyright, anyone owning a printing press would scoop up something written and then reproduce it in mass quantities. And this while keeping all the profits of the sale.

      Still, there is also the angle that, at least in England, copyright was a continuation of a previous monopoly on printing that the crown had given a small group of printers in London. This provided large profits for the printers, and a ability to censor for the crown (the monarch of the time was a Catholic, in a increasingly protestant nations). One revolution and a new monarch later, and the old censorship law was no more. But the printers wanted to keep their monopoly so they lobbied for a new law. And so one get part of the foundation of todays copyright (the other part came out of France for very different reasons).

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    257. Re:Duh? by MightyYar · · Score: 1

      All rights are social constructs.

      I happen to agree, but others would not. It rather depends on your ideology. Agree or not, the entire premise of the US government is based on the existence of the natural right to "Life", "Liberty", and the "Pursuit of Happiness". Lots of wiggle room in that last one :)

      But we're off track. My point is that copyright is not actually a "right" in the same sense as liberty. Comparing the pretend ownership of a piece of software to the real deprivation of rights that blacks experienced in the US would be insulting if it weren't so naive.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    258. Re:Duh? by MightyYar · · Score: 1

      Copying files is as natural to this generation as listening to the radio was in the past.

      I don't even think it is that generational in nature. I remind older people that making a copy of a tape, CD, or LP and then giving that to a friend is illegal, too. Sometimes they know but don't care, and sometimes they are simply floored. I've never met someone who hasn't copied music or received copied music illegally in some fashion.

      Hell, I made a photo DVD with background music from my iTunes library and gave it to my grandfather. That's illegal. :)

      When a law is this absurd, it really needs reform.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    259. Re:Duh? by Anonymous Coward · · Score: 0

      Greedy pirates with TB's full of other peoples' efforts aren't greedy? Right...
      Just because they have a party with other people while doing it doesn't make it altruistic.

    260. Re:Duh? by MightyYar · · Score: 1

      Indeed - there is no natural right to property at all.

      On the other hand, it is possible to defend one's physical property without a government - not really so with an idea.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    261. Re:Duh? by Anonymous Coward · · Score: 0

      But, again, it logically isn't possible to equate 'loss' of potential future gain to harm because they never had the gain in the first place.

      Exactly. If you want to be rich like Bill, nothing's stopping you.

    262. Re:Duh? by cheekyjohnson · · Score: 1

      So if I spend 6 months of my life writing a software program and then sell it for $50 to someone who then seeds it to a file sharing site, that's not harming me?

      No, because you didn't lose anything that you already had (if you say "time," then that isn't the file sharers fault that you decided to use that time).

      I suppose when I write software I should just make it all free and just hope these "altruists" will donate money to me so I can feed my family.

      I've already explained that I feel that this is a shortcoming of our capitalistic society here. I've also said that I actually think that authors should be paid here.

      --
      Filthy, filthy copyrapists!
    263. Re:Duh? by easterberry · · Score: 1

      No. Actually to be deprived of something you need to not be given it when you otherwise would. If you deprive your child of food you aren't taking away food he already has. You're not giving him food he should have.

    264. Re:Duh? by cheekyjohnson · · Score: 1

      Actually, I've already said that I believe that deserving authors should be paid here. I don't believe I've said anything about me being someone who infringes upon copyright, either, so I don't know why you just assumed that I do (or at least, it looks like you did).

      --
      Filthy, filthy copyrapists!
    265. Re:Duh? by easterberry · · Score: 1

      Instead of paying the 12 pounds, can I just copy whatever I get for joining off my friend who did? I feel it's more in the spirit of what you represent.

    266. Re:Duh? by cheekyjohnson · · Score: 1

      Actually to be deprived of something you need to not be given it when you otherwise would.

      No, because you can't take something that doesn't exist. At this point in time, the author does not own my money, so therefore I can't take my own money from him because the money was never his to begin with.

      I don't see how you can logically state that you can harm someone by taking things they never had to begin with. They may want it, but that doesn't mean they lost anything or were harmed.

      If it somehow could be equated to harm or loss, then I guess competition between businesses should be illegal because a customer might have gone to their store if their competitors didn't exist. Or maybe we should criminalize the act of informing potential buyers about a legitimately bad product because it could 'deprive' people of potential profit (something they never had).

      It's also not their 'destiny' to have the object in the first place.

      I explained what I believe the actual problem is here.

      --
      Filthy, filthy copyrapists!
    267. Re:Duh? by ScentCone · · Score: 1

      If I don't buy it I must be pirating it.

      Well, are you? If you're not, you're not.

      If I do buy it I'm getting screwed.

      Why? Because you don't like the price the artist is asking? I can't afford a nice Mercedes, either, because of the price they set. So to avoid screwing myself by paying more than I can afford, I don't buy one. You seem to be thinking that any artist who charges a price other than the one you dictate is somehow "screwing" you.

      Are you screwing your employer by only continuing to work there at a price you think is appropriate? Your choice of language is really odd, and betrays a real sense of entitlement when it comes to an artist's work.

      --
      Don't disappoint your bird dog. Go to the range.
    268. Re:Duh? by vakuona · · Score: 1

      Copyright was created because it democratises the process of creation of art. It is not, and should not be expected to be a perfect system. But it allows artists and creators an opportunity to create and be rewarded in the market for their art. We do not have to be dependent on benevolent patrons who dictate what art can be created because they pay for it.

      I like using the example of the $200m blockbuster movie as an example. If there was no legal impediment to cinema owners just copying movies they want to show, then no one would want to spend that kind of money if their work could be freely copied without compensation. Then we would be dependent on whoever had the money to make movies to create what they think we ought to see. The profit motive at least ensures that movies are created that benefit viewers because viewers vote with their dollars.

      You cannot argue that the system is fundamentally flawed because it relies on artificial scarcity. Copyrights protect the work of those who want their work to be protected. Anyone who wants their work to be licensed on completely free terms can do so. But one thing is for sure. There is no one spending big money to make movies that are freely downloadable. That is the proof that the copyright system works.

    269. Re:Duh? by Anonymous Coward · · Score: 0

      You're missing the point. I agree that there is no physical property loss, but the vast majority of people who download songs I would argue are not "sampling". Their sole intent is to get the song that they want without paying for it, so yes the potential sale argument has no legs to stand on. Call it "copying" all you want, but if there is an established means to buy a product, and you intentionally circumvent those means to get something for nothing, there is no difference morally.

    270. Re:Duh? by easterberry · · Score: 1

      No, seriously, deprivation doesn't require ownership. If someone is sleep deprived they do not have sleep they already have removed. They are denied further sleep.

      If a plumber comes over and fixes your pipes, and you then refuse to pay him, you are depriving him of his wages. He at no point HAD your money, but you are still taking his services without compensating him for them.

    271. Re:Duh? by Anonymous Coward · · Score: 0

      it's trivially easy nowadays to copy music, whereas copying a hairstyle requires more effort and a skilled craftsperson to do the work each time.

      But it's not trivial to perform that music live, which takes more effort and a skilled musician to do the work each time. (Certain types of music aside...) The difference is not so great.

    272. Re:Duh? by Caerdwyn · · Score: 1

      It's not that "file sharers" aren't in it for the money.

      They're in it because they don't HAVE money.

      This isn't about altruism or ideals or "striking a blow against the establishment". It's about "I want free stuff".

      --
      Everybody gets what the majority deserves.
    273. Re:Duh? by cheekyjohnson · · Score: 1

      You cannot argue that the system is fundamentally flawed because it relies on artificial scarcity.

      Yes, I can. Artificial scarcity is something that should be avoided at all costs. When something is abundant or unlimited in number (individual digital media), it should not be restricted to certain people because there is no good reason to do so. The way the current system works is not a good reason because that would mean it would rely on scarcity, which is obviously a bad thing. There's no reason that an action that harms no one (for reasons I explained in my other posts) should be restricted. Of course, I don't really believe that money and logic mix.

      Copyrights protect the work of those who want their work to be protected.

      Except that they don't, and people continue to share commercial media at the expense of no one.

      --
      Filthy, filthy copyrapists!
    274. Re:Duh? by Anonymous Coward · · Score: 0

      Morally, they're the same thing. But why bother arguing morals on /.

    275. Re:Duh? by cheekyjohnson · · Score: 1

      No, seriously, deprivation doesn't require ownership.

      The point I'm trying to make is that you can't logically equate 'loss' of future gain to harm because they never had said gain in the first place.

      If someone is sleep deprived they do not have sleep they already have removed.

      If someone is sleep deprived they've already failed to have slept. This isn't something that only happens in the future, but is an effect that is immediate. For every second that goes by, that is an extra second that they did not sleep. You can't be deprived of time that you could have been sleeping that only exists in the future.

      If a plumber comes over and fixes your pipes, and you then refuse to pay him, you are depriving him of his wages.

      If a plumber comes over and fixes your pipes, he has just wasted your time. If file sharers directly wasted the time of artists, then I would agree with you, but they don't (the decision to make the media was their own).

      --
      Filthy, filthy copyrapists!
    276. Re:Duh? by mrogers · · Score: 1
      Sorry, I don't really buy the argument that copying a fashion design is as easy as copying a photograph - have you every tried to reproduce a skillfully made piece of clothing?

      In fact, most of the items in your first list require considerable skill, investment, or both to reproduce (exception: rules of games), whereas most of the items in the second list don't (exceptions: choreography, architecture). While I don't believe that current copyright laws strike the right balance between protecting artists from cheap copies, allowing audiences to benefit from cheap copies, and encouraging creative derivative works, I can understand why copyright would be more important for things that are easy to copy than for things that aren't - and your lists seem to show that copyright applies almost exclusively to things that can be copied without much skill.

      I absolutely agree with you, however, that the argument about protecting creativity is badly framed. The question should not be, "Is the work creative?", but rather, "Does the work require creativity to copy?"

      Reframing the question in that way suggests an interesting alternative rationale for copyright law: if we want to maximise the benefit of copyright to creative people as a whole, we should remove protection from anything that requires creativity to reproduce, in order that those who reproduce it can access it as freely as possible, maximising the number of creative reproductions. Furthermore, we should create exceptions to copyright for substantially creative derivative works.

      For example, copyright would be removed for songs and musical scores, since performance requires both creativity and skill, but it would be maintained for recordings of songs, since replicating a recording requires neither.

      But then we get into some interesting grey areas. Is a recording that samples another recording sufficiently creative to justify an exception to the copyright protection of the sampled work? What about a mashup of two recordings, with no original material? What about a mixtape?

      Fortunately, we have judges and case law to deal with grey areas like this: after an initial period of boundary-testing I hope we'd establish some rules of thumb about what's "creative use" of a copyrighted work and what's "mere replication". Once we reached that point we'd have a system that encouraged substantially more creativity than the current system, much of it based on the forms of creative reuse that fans of Larry Lessig's Free Culture (myself among them) like to point out as being ill-served by the current system.

    277. Re:Duh? by Anonymous Coward · · Score: 0

      The first list includes "products" that are inherently incomplete.

      And so does the second. A building plan is just as incomplete as a fashion pattern.
      Similarly jewellery design is fundamentally the same thing as sculpture design just at a smaller scale.

    278. Re:Duh? by Anonymous Coward · · Score: 0

      because the majority still don't think its acceptable? hell, i'd say only 0.0001% of people would consider it acceptable (yes, i pulled that out of my arse). i wonder what the percentage of people that think mimicking something for personal use would be wrong?

    279. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      Huh? Are you arguing that the creation of a physical object is the difference (so violating copyright is fine as long as what changes is bits that are really small and hard to see on a drive, but wrong when a CD is burnt) or are you arguing that you think counterfeiting should be allowed because you think money is stupid?

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    280. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      On the other hand, it is possible to defend one's physical property without a government - not really so with an idea.

      Never played DnD? You kill the workers when the castle is complete. (In DnD, also trap their souls because dead men can tell tales.)

      --
      Your ad here. Ask me how!
    281. Re:Duh? by mug+funky · · Score: 1

      Cranking out a new dress takes only a few hours.

      i know a few people that would be quite flabbergasted at that statement. we're not talking about t-shirts here, or those horrible things you see women at clubs wearing that seem to actively work against the bodies of the wearers.

      something that improves over naked (barring certain extremes like obese or anorexic people) is quite difficult to design if you think about it. this is why so many people prefer porn to fashion mags.

    282. Re:Duh? by Anonymous Coward · · Score: 0

      This seems to make a case for lessened (or abolished) copyrights, to which I agree. I would draw an analogy between your point that the recipe is not the food itself, in the same way that the sheet music is not the entirety of the creation. You are right in that the cooking of the food still requires a personal touch and really, how is that different from the actual performance of a work by a musician? In both cases, someone could copy the paper version of the work, but they cannot hope to copy the work itself. And really, who wants to listen to your friend perform a famous song in lieu of the actual musician who created it?

    283. Re:Duh? by Vanderhoth · · Score: 1

      Actually I think I get paid too much for what I do. My employer pays me well because I do a good job, and yes I know it. I also know they won't be able to find someone with my skills and knowledge. That being said I'm loyal to my employer because they hired me when I was still in university, a big gamble on their part. Also they pay for my training to keep me up to date, I get 5 weeks vacation a year and 3 weeks sick leave, which I can carry over indefinitely. I never use it all because I love my job and what I do. If I could do my job for free I would, I've volunteered to take pay cuts in the past so people I work with could keep their jobs when situations came down to funding.

      I buy my movies, when I can. I have found a couple online that aren't available here in Canada and if I had bought them from Britain I wouldn't be able to watch them on any of my normal players. I download a fair amount of music, stuff that isn't played on the radio, and I buy what I like when I can at the right price with the right conditions. If I don't like something I don't keep it. So If I had bought it before hearing it, that's when I consider myself as being "screwed". Another example is when I use to buy CD's I would have to pay ~$20 for a CD with only one or two songs I actually wanted. Now if I can find a song I want online or chose a collection of songs I want I'll buy them. Sometimes I can't easily purchase stuff I want so I keep my downloaded version.

      I'm tired of hearing about how bad piracy is and company's have to take XYZ stance to combat it. Making it hard for me to buy/use products.

      And Frankly, from your language it sounds like you're bitter because more people have similar mind sets to me when it comes to "pirating" because of how entities are/have treated them as customers. You seem frustrated that you have no real argument against against piracy because you lack real evidence of how it affects individuals and can't seem to make others understand your POV.

    284. Re:Duh? by simon0411 · · Score: 1

      Because that wasn't the point of my post. However, if that's what you'd like to know... Recipes are not given copyright protection because combinations of ingredients are discoveries of nature that anyone may stumble upon. (Cook books themselves are, in fact, copyrightable, in that the selection of recipes contain a creative element.) Therefore, recipes of high value are not published, because they are not entitled to copyright protection. Creative arts in fixed form are given copyright protection, therefore artists are encouraged to make their money by publishing in a cheap format that is available to the masses, as opposed to doing work for very few, well-endowed individuals who can financially sustain them. Is that clearer for you?

    285. Re:Duh? by shermo · · Score: 1

      The majority of people are either apathetic to intellectual property (don't know, don't care), or somewhat hostile towards it. Only a small minority support it, and those are usually people with "something to lose"; i.e. middle-aged adults who now own property, have a family, etc., and while they might be morally opposed to it, they're not going to rock the boat, so in essence they support the paradigm by inaction.

      Not in my experience. I had a friend ask me to download the complete Kings of Leon back catalogue for her, then say how 'bad' it was to do so. She actually felt guilty about it. I asked her why and she said 'because I should be supporting them'. I told her to go to their concert next time they're in town since they'd get much more money out of that.

      Some people believe the crap that gets thrown around by the record labels about starving artists.

      --
      Insanity: voting in the same two parties over and over again and expecting different results
    286. Re:Duh? by stonewallred · · Score: 1

      You can lobby. you can vote. you can inform. you can raise awareness. you can debate. Or you can do like the big corporations do an buy politicians. I will leave it to you to decide which is more effective in the short term and the long term.

    287. Re:Duh? by stonewallred · · Score: 1

      If the people bought the politicians like the big companies did, then the government would serve the people. Politicians, like most of us, work for those who pay them.

    288. Re:Duh? by stonewallred · · Score: 1

      So I am a free loading douche when the same music is legally streamed over digital radio every day, streamed over analog radio every day, streamed for free over the internet every day, all legal. So it is ok and legal, note legal, for me to make a perfect digital recording of a song played over digital radio for free, yet illegal to download a copy for free. The word retarded applies to you here.

    289. Re:Duh? by Anonymous Coward · · Score: 0

      This is not even to start on moviemaking. As long as a musical artist owns a guitar and a microphone he can record an album in his spare time. The same can't be said of a director. You can't just say "I have a camera, my friends and I are going to take 4 months off of work to make a movie." The BEST movie you get out of that is Clerks or Paranormal Activity. You don't get any more LOTRs or Iron Mans.

      i disagree. there is no reason why producer X can't set up a contract with theater chain Y to show the movie where each ticket is worth 5$ to the producer and the theater can keep the rest? its not in the theaters interest to share the movie before release, and there will still be massive profits to be had by the producer. as long as neither party broke the contract by releasing the movie to 3rd parties out side of the contracts (which would break the contract and therefor pentalties would apply) then its a profitable business model?

    290. Re:Duh? by cheekyjohnson · · Score: 1

      so violating copyright is fine as long as what changes is bits that are really small and hard to see on a drive, but wrong when a CD is burnt

      No, violating copyright is fine because nothing is actually taken in the first place. If the same applies to counterfeiting money, then I have no problem with that either.

      or are you arguing that you think counterfeiting should be allowed because you think money is stupid?

      Counterfeiting should be 'allowed' (by that I mean made pointless) by ridding ourselves of artificial currency completely, because all it seems to do is cause more trouble than its worth as well as spur things such as planned obsolescence, war, artificial scarcity, environmental abuse, and pollution.

      --
      Filthy, filthy copyrapists!
    291. Re:Duh? by easterberry · · Score: 1

      I'm going to assume you mean "you wasted his time".

      File sharing DOES directly "waste the time", as you put it, of the artist. Like the plumbing example. The plumber has the following deal "I will provide you with the fruits of the service I am trained in, working pipes, in exchange for X dollars." if you get the fruits of this service, and do not give him X dollars, you are depriving him of his due income.

      Musicians have the same deal "I will provide you with the fruits of the service I am trained in, a collection of recorded musical tracks, in exchange for X dollars." If you get this collection but do not give the musician X dollars. You are depriving him of due income. If you feel X is too much, or do not like the way X will be divided or who has the right to X then you have the legal option to NOT ENTER IN THE DEAL. But if you acquire for yourself a copy of the fruits of their labour and do not pay them X, you are depriving them of due payment.

    292. Re:Duh? by Kalriath · · Score: 1

      The costs of writing and recording the music are paid before hand.

      That's nice, but that wasn't his point. When you copy something, no one has lost anything due to that copying. In order for them to lose something, they must already have it in the first place. See my other post for more details.

      You can't blame the file sharer because the company spent money to produce it. The file sharer had absolutely nothing to do with those costs. It was the company's own decision. That's like saying everyone should have to buy the music because the musician spent money to make it, even if they had nothing to do with that cost (that's essentially what the file sharer is doing: not paying them money to make up for losses that the file sharer didn't even inflict upon them in the first place).

      Actually, your logic is flawed in a significant way. If the file sharer downloads the product, then they have demonstrated that the product does have an inherent value to them. Hence, they in fact are depriving the author of potential money. The only undefined component of that equation is, what exactly was the value to which the file sharer would have assigned it were they to legitimately acquire it and had the opportunity to offer what they considered fair value for it.

      Before you say "the value they assigned it is zero" - and I know you were about to - you're wrong, and that's incredibly disingenuous. If the inherent value to that individual is zero, that means they have absolutely no desire for it, and therefore would not download it. Since they downloaded it, they clearly consider it of some value, and therefore should compensate the author of the work a fair market value for that enjoyment. I do not define fair market value here as it is subjective, and in no way related to current market value.

      I should also point out that lost also has a definition (from the venerable Oxford English Dictionary) "of time or an opportunity not used advantageously; wasted". The opportunity to derive income is clearly removed here by the actions of the file sharer, therefore an actual loss is present. Whether that equates to harm is not addressed, and I have no intention of addressing that.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    293. Re:Duh? by cheekyjohnson · · Score: 1

      I'm going to assume you mean "you wasted his time".

      Heh, yes.

      The plumber has the following deal "I will provide you with the fruits of the service I am trained in, working pipes, in exchange for X dollars." if you get the fruits of this service, and do not give him X dollars, you are depriving him of his due income.

      Yes, but I mean that you specifically asked him to come over, and by doing so, you've wasted his time. Pirates don't even interact with the artist at all, so there is no way that they could be wasting their time. 'Loss' of potential future gain does not automatically equate to wasted time (which is what we're currently talking about).

      As for your example, again, they didn't have it in the first place (the potential profit that they could have gained). This private monopoly is what I'm arguing against in the first place.

      --
      Filthy, filthy copyrapists!
    294. Re:Duh? by cheekyjohnson · · Score: 1

      If the file sharer downloads the product, then they have demonstrated that the product does have an inherent value to them.

      Yes, and? I never argued that it didn't have entertainment value.

      Hence, they in fact are depriving the author of potential money.

      You can't lose something that you never had, and if you never had it, no harm was done.

      and I know you were about to

      Well, you were wrong, it seems.

      I should also point out that lost also has a definition (from the venerable Oxford English Dictionary) "of time or an opportunity not used advantageously; wasted".

      I don't much care about the definitions (as in, they can't be used as an argument against me in this scenario because you know exactly what I mean).

      The opportunity to derive income is clearly removed here by the actions of the file sharer, therefore an actual loss is present.

      You can't own an opportunity, nor are you harmed by 'losing' one.

      Whether that equates to harm is not addressed, and I have no intention of addressing that.

      Then I don't really see what your point was.

      --
      Filthy, filthy copyrapists!
    295. Re:Duh? by blarkon · · Score: 1

      Several tracker sites were hosting advertisements and making more than a million a year in advertising - so there is money to be made out of it. One of Google's recent initiatives is to make sure that they don't serve ads on websites hosting pirated content.

    296. Re:Duh? by Anonymous Coward · · Score: 0

      Therefore you have things like giant horrendous LVs all over Louis Vuitton clothing. You can still go after them for trademark infringement.

      What the hell is Louis Vuttion? I can only afford to shop at Wal-Mart, I can't even afford a user name.

    297. Re:Duh? by Anonymous Coward · · Score: 0

      Sorry, I don't really buy the argument that copying a fashion design is as easy as copying a photograph - have you every tried to reproduce a skillfully made piece of clothing?

      If you are experienced at it, it's not terribly hard. There may not (yet) be the equivalent of a one-click photo scanner or dvd burner for fashion designs, but these lists of what and what does not qualify for copyright protection long predated the ability for any non-skilled person to duplicate photos, movies or music either. Furthermore, the copyright for books, films, etc extends to translations and even remakes - you know if hollywood could remake all those foreign films without licensing the rights they surely would.

    298. Re:Duh? by easterberry · · Score: 1

      But the time isn't really the issue. You aren't paying the man X to come over and stand around near your pipes for a few hours. What you're actually paying for is his service. You are trading the benefit of his years of training and experience for X.

      The fact that he has to come over and waste time in order to provide you with the benefit of his skills merely INCREASES the price. That's why the more highly trained someone is, the more they charge per hour. You aren't paying for time. You're paying for the benefit of the investment of time and money that went into developing that skill.

      That is why copyright law exists. So that results of skill, the fruits of which can be easily benefited from without compensating the creator, don't lead to violation of the same deal. The artist has just as much right to only allow people who have met his conditions and his X receive the fruits of his years of accumulated talent involving the cost (time and or money) of music training, the opportunity cost of going into a different profession, the cost of equipment, promotion etc.

      Potential revenue is not revenue. I am not disputing this point. What I'm disputing is the claim that you should be allowed to receive the result of the artists work without paying the amount they agree to. You don't have to buy the album. That's totally fine. Their failure to convince you to is their loss of revenue. But if you download the album and not pay for it, you have broken a deal you knew existed, you have effectively, as soon as you finish downloading that album, turned "potential income" into "stolen goods" because you have received your end of the deal without giving the rightful owner their end and you are legally liable for that end. Like I said, if you don't feel the deal is worth it, you can just NOT get the album. But you can't have it both ways. You can't benefit from the service and not pay the amount asked for in exchange for that benefit.

    299. Re:Duh? by Anonymous Coward · · Score: 0

      #18 (& #74) would seem to be the best fit.

    300. Re:Duh? by cheekyjohnson · · Score: 1

      But the time isn't really the issue. You aren't paying the man X to come over and stand around near your pipes for a few hours.

      The time is the issue to me. If you're not using their time, their money, or anything else, then it's not a problem. You are using their energy, however.

      You are trading the benefit of his years of training and experience for X.

      You're trading money for his services which also use up his time, not one or the other.

      That is why copyright law exists.

      You needn't restate the points that other people have made to me in the past. I'm well aware why people think it should exist, and I don't agree with those reasons (for reasons I've stated in this post and in others). If all that's at issue here is that the pirate has the artists work, then there is no issue, because they didn't take anything or use the artists time to get that work. They may have something the artist made, but again, that isn't doing them any harm. If a plumber didn't do the work and just stood around, no one would hire him. Even though that's partly about the work he is supposed to do, the 'harm' done to him by not paying him is that you wasted his time. If you didn't interact with them at all, no harm would have been done.

      But if you download the album and not pay for it, you have broken a deal you knew existed

      Irrelevant as I pointed out above because you didn't use up any of their time, resources, or money. Without time directly used, the service provided may as well be free (which is, if you'll remember, what I've been arguing the entire time). Without a direct use of a service, obviously they shouldn't get paid.

      --
      Filthy, filthy copyrapists!
    301. Re:Duh? by cpt+kangarooski · · Score: 1

      It's both, really. It's not just a status symbol, it's something that they can go after people for copying, so that there's no competition for that particular status symbol.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    302. Re:Duh? by cpt+kangarooski · · Score: 1

      The key difference in those two lists is that the second list is doesn't lose any quality in the duplication process (for the most part).

      Until fairly recently, that was never the case for sound recordings, visual art, and moving pictures. But they've all been copyrightable for a pretty long time.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    303. Re:Duh? by cpt+kangarooski · · Score: 1

      Without copyright, artists would be living in gutters like Edgar Allan Poe used to do.

      Aside from the fact that Edgar Allen Poe lived in an era when he could get copyrights in the US (though I don't know whether he bothered to or not), copyrights are no guarantee of monetary success. Plenty of authors end up in gutters with copyrights. A copyright is better thought of as being like a lens; it can't cause there to be money that isn't there anyway, but it can direct much of whatever money happens to be available to the copyright holder.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    304. Re:Duh? by cpt+kangarooski · · Score: 1

      That's interesting.

      I used to work in that area myself, and was also able to live comfortably. I never bothered with copyrights, however, and my customers and clients never cared about them either. There are plenty of opportunities for artists to sell their services, just as many people do (plumbers, doctors, etc.) rather than particular goods. And all the way on the other end of the spectrum are fine artists who sell specific goods, but where there's no real market for copies. (E.g. an original Picasso is worth a fortune, but a poster of one is only worth a few dollars. To collectors, the value is in a specific copy, not any old copy that happens to contain the work)

      There is certainly room to reform copyright law as it exists in Berne Convention countries, but it is a necessary piece of legislation.

      I hope you're not suggesting that the Berne Convention itself is necessary. It's not, as our history of staying out of Berne until 1989 proves. In fact, any meaningful reform will inevitably require us to withdraw from Berne, because the minimum standards necessary to comply with Berne are simply too excessive.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    305. Re:Duh? by cpt+kangarooski · · Score: 1

      Interesting point about natural rights. Is the concept that we own what we make a natural right or not?

      Probably not. Ownership hinges on control. If you claimed to own the Brooklyn Bridge (regardless of whether you created it or not), and everyone else in the world disagrees, you really don't own it at all. People can really only own things they can personally defend from others, or things that others are willing to allow them to own (usually in exchange for your willingness to allow them to own things they claim).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    306. Re:Duh? by cpt+kangarooski · · Score: 1

      Businesses should not be able to own copyrights, only individuals.

      What's the point of that? And even if we did that, why do you think it wouldn't be trivial to get around it so that it was still, in effect, owned by a business?

      Also, movies can require the creative efforts of a hell of a lot more than a small group of people.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    307. Re:Duh? by cpt+kangarooski · · Score: 1

      On the flip side, because recipes are neither copyright-able nor patent-able, they are carefully guarded

      What made you think that? Recipes are entirely patentable, so long as they meet the various criteria for a patent, such as novelty and non-obviousness. It's just that in practice cooks don't seem to bother with patents much (although IIRC there have been a few -- shredded wheat breakfast cereal was patented when it was invented, for example).

      But because patents require disclosing the recipe, and because patent terms are fairly short, at which point everyone will have the right and the knowledge to make it, trade secret protection is more popular in the food industry. Also, trade secrets can apply to inventions which are not patentable due to a lack of novelty or what have you. A trade secret requires not disclosing the recipe, and lasts so long as you keep the secret.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    308. Re:Duh? by cpt+kangarooski · · Score: 1

      So there is no protection for a hairstyle or a recipe being used.

      Recipes are patentable, though there are various requirements that any particular recipe will have to meet.

      Hairstyles would be either protectable by a design patent or a copyright, depending on the utility of hair. But IIRC, design patents still have novelty and nonobviousness requirements, so there probably haven't been patentable hairstyles since the days of Flock of Seagulls.

      But there is no protection for the dish that can be prepared following the recipe.

      The dish too, could be patented. The law doesn't distinguish between, food and, say, pharmaceuticals. You can patent a method for making a drug, and you can patent the drug itself. So too can you patent a method for making a dish of food, and the dish that is the result of that method. It's just not very common, likely due to the cost, minimal benefits to the inventor, and a cuisine culture that doesn't much care about patents anyway.

      If you can be sued for violating a copyright (making a copy of something) then you can be sued also for making a derivative work.

      No, if you copy a copyrighted work, that is not the same thing as making a derivative work, and vice versa. Making a copy of a book would be like xeroxing it. Making a derivative work of that book would be like writing a sequel to the book, or adapting it into a movie. They are very different things. The minor imperfections that might occur in the process of making a copy are not the sorts of changes that are necessary to qualify as a derivative.

      Again the concept of a license only applies with a patent and copyright is completely different than patents.

      Well, finally something I can agree with: Patents and copyrights are completely different. But copyrights involve licenses too. The GPL, for example, is a rather well-known copyright license. And when you write a post on Slashdot and submit it, you implicitly grant them and their readers a license to reproduce the post in order for people to simply be able to read it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    309. Re:Duh? by cpt+kangarooski · · Score: 1

      And if the block of text is insufficiently creative -- perhaps because it is just an ordinary list of ingredients and steps to cook them -- that too isn't going to be copyrightable. Or if there were only a few reasonable ways to write the recipe, it won't be copyrightable, lest the copyright effectively protect the underlying method due to a lack of alternative ways to word it.

      In a cookbook, the only things you can count on probably being copyrighted are the pictures of the food.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    310. Re:Duh? by jfengel · · Score: 1

      I exaggerated, but the point is valid. There is nothing in the fashion industry that compares to the teams of coders, designers, music editors, and others, working on a multi-year cycle, to create a new video game. Big software projects require man-decades of effort.

      Designing a good new piece of fashion takes a lot of years to learn, but so does learning good software design. I didn't mean to denigrate the skills of the fashion designers, who are both gifted and hard-working. I was just pointing out that the business models are necessarily different and that lessons from one are not trivially applied to the other.

    311. Re:Duh? by the_womble · · Score: 1

      I thought it was called the American Way? That's what the RIAA, BSA etc. would have you think. Of course that argument is, oddly enough, not used by their counterparts in the rest of the world.

    312. Re:Duh? by cpt+kangarooski · · Score: 1

      This vaguely reminds me of how the movie studios used to own their own theater chains, and kept their films out of independent theaters at times, until they were broken apart for antitrust violations. Also, these days, the real real money is in rental and home video, not the box office, so maybe you should have Netflix make movies.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    313. Re:Duh? by Ozlanthos · · Score: 1

      It's been my experience that those who are against copyright are (predominantly) lazy programmers who think it is a waste of time to create original code, when they can just rip off someone else's IP. Out in the wild of non-digital commercial ventures, (where I live) copyright and patents are the only means I have of making ripping off my IP too prohibitively expensive for massive corporations to bother with (they are in turn motivated to go back to their R&D dept to create something "better" instead). Where I have a problem with patents and copyright is when a company develops something and then warehouses the IP after submitting a patent for it. It inhibits the motivation to release new products (for fear of being sued), denies the public the benefit and example of it, and gives patents and copyright a bad name. To me, the best solution would be a "use it or lose it" approach. Meaning (and I am unaware as to whether or not this is already being done so save the flame for being informative about it please) that if you submit a patent or claim copyright over something, you should only have 6 to 12 months to get it on the shelf, otherwise someone who is able and willing to bring it to market can do so (and this should apply to the government as well as private industry) without suffering the threat of a lawsuit, or owe you a fucking dime in royalties.

      -Oz

    314. Re:Duh? by Anonymous Coward · · Score: 0

      In your 2nd list there is one main semantic difference that I notice. For the most part, they do not require a skilled practitioner to create copies. A large proportion of them can be stored on my harddrive, which therefore mean that they can be shared online with anyone.

      Your last three examples, choreography, sculptures and architecture, I don't understand and cannot reconcile with my explanation. Choreography requires skilled dancers, sculptures require skilled sculpture-makers (with the exception of factories?) and architecture requires a civil engineer and building company to actually get the place built.

      You make the same argument yourself, but your example doesn't gel with my understanding. Photographers claim they need protection for prints of their work, but for copying to be possible they need it to be stored in some sort of digital format, surely? You compare this to the fashion industry which is about "style/look", but photographers do not claim protection on photos of the same content, only of copies of their photos.

      Disclaimer: I am not advocating for or against copyright, simply trying to reconcile the above poster's argument.

    315. Re:Duh? by DinDaddy · · Score: 1

      Actually, there is the world of haute-couture where designs are not protected by copyright, trademarks, patent, etc... Therefore, they have to invent new things every year.

      Not for long:

      http://www.techdirt.com/articles/20101201/13215912083/senate-judiciary-committee-moves-forward-fashion-copyright.shtml

    316. Re:Duh? by DinDaddy · · Score: 1

      So you can probably supply a good data point for discussion. How many years do you find your work meaningfully contributes to your income on average? Would the original 14 years be reasonable?

    317. Re:Duh? by DinDaddy · · Score: 1

      Not always, but when the number of people ignoring a law makes enforcement unmanageable, it can amount to the same thing.

    318. Re:Duh? by rtb61 · · Score: 1

      Stop picking on the pseudo conservative Republicans, it must be embarrassing enough for them to know the Ferringi Rules of Acquisition are modelled upon their behaviour, even the gullible poor Republicans who chase the delusion of being rich, they don't want to end the exploitation they want to become the exploiters.

      Reason people pirate; They choked on the B$ marketing, you know greatest singer, greatest band, greatest single, greatest album, greatest hits (many performers all at the same time). Too many one hit wonders. The same music rehashed over and over again. The stage show no longer looks great, just looks like a bunch of ego driven clowns ham-ing it up. They no longer give a rats about a bunch of drunken drugged up minstrels. They care more their friends offline and online than a bunch of psychopathic publishing executives and narcissistic lip sinkers. Music has become boring, really really boring, hence the listen and throw away and listen to something new (no worthwhile investment in buying). Music has become nothing but background to other activities, too few people actually create their own music, so they don't see any value in it.

      --
      Chaos - everything, everywhere, everywhen
    319. Re:Duh? by DinDaddy · · Score: 1

      You are proceeding in the same rut as the RIAA.

      The public determines the value of your recording, irrespective of your feelings. The fact that is is nearly infinitely reproducible for free influences that value.

      Therefore, even though the music has value in your eyes, you may need to use other means to recoup your investment in producing it, using the low priced or free copy to gain popularity, and then recoup the investment through other means like live performance, or other goods with actual scarcity, like signed copies or something.

      Attempting to maintain high value for something where there is no natural scarcity just won't work.

    320. Re:Duh? by Aldenissin · · Score: 1

      Most things on the Internet are driven by profit. We should obey all the laws of the land, yes each and every one of them, even if they are not fair and we do not agree. The only time we should not obey, is if it compromises truth.

        sidenote/ As my first "freak" (that's foe to you), may I ask why that was? You are now a friend to me.

      --
      Like a city whose walls are broken down is a man who lacks self-control.
    321. Re:Duh? by mcvos · · Score: 1

      The whole point of the US government is that there are checks and balances even against the people.

      I thought the checks and balances were supposed to be against the people in power. Not so much the people in general.

      It shouldn't be possible to deprive people of their rights just because a significant number of people think it proper.

      Of course. But that also means you need to think about what really would be the right thing in this case. Hint: that's not necessarily what big industry says it is.

    322. Re:Duh? by somersault · · Score: 1

      So I am a free loading douche when the same music is legally streamed over digital radio every day, streamed over analog radio every day, streamed for free over the internet every day, all legal

      And all properly licensed, and often ad supported.

      Only a small selection of music is played on digital radio. If you can find exactly the songs you want at a quality you want, then good for you. I doubt you'll get many full albums though, and the quality will often be pretty mediocre compared to the lossless albums you can get on P2P networks or when buying a CD. You're legally allowed to record it, but you're not legally allowed to make copies for anyone else.

      Extending this to say you should just be able to download anything over P2P is absurd. Your argument basically goes along the lines of "I've seen the trailer for free - so I should be allowed to watch the whole movie for free!".

      The word "ignorant" applies to you here.

      --
      which is totally what she said
    323. Re:Duh? by mcvos · · Score: 1

      Actually, no, this is a Republic, not a democracy (assuming "this" refers to the United States).

      You say that as if those two are at odds with each other. They're not; they're orthogonal. There are many democratic republics in the world.

      I agree that democracy in the US leaves a lot to be desired, with its lack of proportional representation, two-party system and the big role that money plays. It's arguably closer to a plutocracy than a democracy.

    324. Re:Duh? by mcvos · · Score: 1

      Like it or not, there's no difference between walking into a 7-11 and stealing a 99 cent candy bar than there is pulling the latest 99 cent song of choice off of The Pirate Bay.

      Like it or not, but there's a huge difference between the two. For one thing, songs don't cost 99 cents on Pirate Bay. For another, by downloading that song, you're not depriving someone else of the use of that good, which is the very basis of the definition of theft. You might be violating someone's copyright, but that's a whole different thing.

    325. Re:Duh? by bit01 · · Score: 1

      Artists have a right to set a price for their work.

      Your reasoning is circular. You are saying that artists have a right to set a price for their work because they have a right to set a price for their work. That's bogus. Ownership, by definition, is the right to control something.

      Instead, try giving numerical, scientifically justified reasons why they should be allowed to blocking billions of people from copying, their free speech, so that one (1) person can have extra profit.

      And that's ignoring the whole problem of copy-right rewarding distributors (copiers) much more than artists (creators). In the current system it is far more profitable to control distribution channels than to control artistic works.

      ---

      I own it therefore I get to decide what happens to it is a meaningless tautology. Ownership by definition is the right to control. The more interesting question is who owns it?

    326. Re:Duh? by mcvos · · Score: 1

      My guess is that as kids, they've been taught to share. So that's what they do.

      If you want your kids to not become a filesharer, berate them whenever they share their toys with other kids. Developing a sense of morality starts at a young age.

    327. Re:Duh? by PeterBrett · · Score: 1

      Instead of paying the 12 pounds, can I just copy whatever I get for joining off my friend who did?

      All of our publicity materials etc are licensed CC-BY, so yes, you can. In fact, please do!

      The main advantages of membership, though, are getting to vote on what policies the party adopts and who our election candidates are. The money we raise from membership fees goes towards subsidising publicity materials and paying election deposits.

    328. Re:Duh? by AmiMoJo · · Score: 1

      Fasion is an industry where copying is the norm. Designers come up with something "new" which actually tends to be a re-hash of some earlier design (currently 1980s) or what some celebrity is doing. They make some expensive clothes and then the cheaper brands do their own versions. Then there are the fakes from places like China. The system works well with everyone getting paid and a constant supply of new(ish) work.

      The thing is that if you are a designer who sells jeans for £300 a pop your market is quite small. The fact that someone else copies your design and sells it with a different logo on the label for £30 isn't a problem because the people buying the cheaper version were not ever going to pay 10x as much for yours. The people who can afford your product will buy it to get the label. Even with fakes that copy the trademarked logos there is usually a clear difference in quality and in small details like the type of stitching or buttons that give it away. Again, anyone who wants to spend £300 on jeans is not going to buy the knock-offs anyway as the whole point of buying £300 jeans is to flaunt your wealth or as a response to peer pressure.

      Imagine if anyone could write Harry Potter books. J.K. Rowling would still be rich because people want to read her books, the originals. Maybe the will read others too but that is unlikely to take sales away from Rowling. Fakes are a bit different but that is what copyright was originally for, not to prevent drivitive works.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    329. Re:Duh? by Anonymous Coward · · Score: 0

      That's okay. That would take entirely to much time away from my pirating. I only have so much time so wasting it by lobbying and what not is just illogical.

      If doing those things you posted worked even in the slightest weed would be legal nationally but sadly for those poor stoners who spend time trying to do things the legal way it still is not.

      Ignoring it does however give me that nice warm moral feeling of not being raped in the wallet.

    330. Re:Duh? by AmiMoJo · · Score: 1

      Does Disney even need copyright over Mickey any more? They have a trademark on the ears logo but these days they don't seem to use Mickey much. Most of their products seem to be based on newer material like Aladdin, Beauty and the Beast or Anastasia. All stories from the public domain that they benefitted from, but the point is that they have plenty of newer material to profit from.

      How bad would it be for them to give something back to the public domain for once?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    331. Re:Duh? by HungryHobo · · Score: 1

      no, you simply evaded the question.

      sheet music is merely a series of instructions for which keys to press on a keyboard and when, there are as many/few pleasing combinations of taste as of sound.

      "Therefore, recipes of high value are not published"

      [citation needed]

      people keep some recipes secret but it's more about ad campaigns than any real secrecy.
      there's no shortage of drinks indistinguishable from coca cola nor chicken indistinguishable from KFC.

      And there are chefs who publish lots of "high value" recipes , hell my favourite restaurant chain sells a cookbook with their entire menu with every detail of how to cook every dish.

      you're arguing based on a fantasy.
      some chefs keep a handful of recipes secret but in most cases they're recipes which have been published and are perfectly available if you know where to look.
      Even my own mothers "secret" family cake recipe is merely something from a magazine published 50 years ago.

    332. Re:Duh? by ScentCone · · Score: 0

      You seem frustrated that you have no real argument against against piracy

      How many times do you need to hear the real argument. The artist creates something. You don't want to pay what the artist asks, so instead of looking for your entertainment elsewhere, you rip it off instead. That you find that to be too complex for you to follow along with, ethically, says everything we need to know about you. You have no principles at stake, and are an end-justifies-the-means person. You want what an artist has created, and your desire for it trumps any moral calculus that might be involved.

      The real irony, of course, is found in your desire to experience what the artist has created, implying a certain amount of respect for the artist him/herself. Would you look the artist in the eye, in person, and say, "I really like your work, but I find a few dollars is asking too much, so I'm just going to go ahead and rip it off, OK? Oh, and I just can't wait for your next release. Keep up the great work!"

      --
      Don't disappoint your bird dog. Go to the range.
    333. Re:Duh? by Vanderhoth · · Score: 1

      Go back and read my last post because you obviously didn't. I'm done arguing with you believe what you want it still doesn't make you right.

    334. Re:Duh? by sac13 · · Score: 1

      many people tend to hold onto illogical beliefs if it benefits them personally.

      Wow... you just summed up the entre political process...

    335. Re:Duh? by ScentCone · · Score: 0

      I read it just fine. You take what you want first, then give yourself a little feel-good cover by opting to buy some of it later. You compare buying something up front, in the way that the artist is offering it, to being screwed. Why? Because you ... what? didn't want to read a trusted review or listen to the ubiquitous, readily available, and offered-by-the-artist excerpts that are right there to help you make a good decision?

      Again, you're deciding that you don't respect the artist enough to do business with them in the manner they are offering, so you decide that you can dictate how they must do business, on your own, without their consent. You're not looking to avoid a couple of less appealing songs on a CD, you're looking for pet entertainment slaves that you can treat how you see fit, throwing them a bone if you decide they deserve it, but consuming their work in advance without honoring the offer they're making. You have no idea how condescending, oily, and petulant you sound.

      I can see why you're running away from discussing your habits - they're based on a view of artists that is simultaneously grasping, abusive, dismissive, and whiny. If you don't like how an artist brings something to market, that means that you don't like that artist and their view of that market. Consider having the intellectual integrity to walk away and let some other artist entertain you and engage with you in the way you prefer. Otherwise, you're being a spectacular hypocrite. Of course, you know that, and you're just floundering around trying to justify ripping music and movies by making it sound like someone offering something for sale on their own terms - which you can simply ignore - is somehow screwing you.

      Is the grocery store screwing you by offering expensive steaks you elect not to buy? Is a professional photographer screwing you by offering a wedding photography package that's outside your budget? How is a musician screwing you by offering a recording that you're not confident you're going to like at the set price? Just walk away. Ripping it off instead is a completely craven, punk move.

      --
      Don't disappoint your bird dog. Go to the range.
    336. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      violating copyright is fine because nothing is actually taken in the first place. If the same applies to counterfeiting money, then I have no problem with that either.

      Well, whether something is taken is disputable. But assume for this conversation none of the physical components... the paper/ink whatever was purchased not stolen.

      artificial currency... all it seems to do is cause more trouble than its worth as well as spur things such as planned obsolescence, war, artificial scarcity, environmental abuse, and pollution.

      How does a paper currency do that?

      Another refining question, suppose the bills were gold certificates. Would that somehow make counterfeiting wrong?

      --
      Your ad here. Ask me how!
    337. Re:Duh? by Anonymous Coward · · Score: 0

      Not turning a profit on any transaction is Against The Ferengi Way

      Which Rule of Acquisition is that?

      All of them.

    338. Re:Duh? by Vanderhoth · · Score: 1

      What can I say, you're 100% right. I'm glad you can make up fictional unrelated scenarios to prove yourself. You've made me see the error of my ways.

    339. Re:Duh? by cheekyjohnson · · Score: 1

      How does a paper currency do that?

      In a society which teaches people that you should only work for artificial currency (as there's really no choice), it encourages corruption (among the government and otherwise), greed (often people won't want to give back in order to keep their precious paper), artificial scarcity (as with the war on 'piracy'), planned obsolescence (making products to break sometime in the future so that more money can be made), war (often for profitable resources that shouldn't be used in the first place), abuse of the environment (chemical dumping to save money, or perhaps just not fixing a problem until it is too late because it's not profitable to fix it), and abuse of human rights for power (not to mention animals). At the rate we're consuming resources, this system of "use and throw away" simply isn't sustainable.

      Would that somehow make counterfeiting wrong?

      No.

      --
      Filthy, filthy copyrapists!
    340. Re:Duh? by ScentCone · · Score: 1

      What's fictional? You're the one that said you rip first and might pay later.

      --
      Don't disappoint your bird dog. Go to the range.
    341. Re:Duh? by easterberry · · Score: 1

      saying "the time is the issue to me" does not make time the issue. Like I stated. If the issue were merely time, then there would be one hourly wage that we had all agreed upon for a person's time. Maybe with a multiplier for how much energy the expel. But That's not how pay works. The more expertise and specialized knowledge and skill a task requires, the more the task is typically considered "worth". That's why someone ho spends 8 hours lifting heavy boxes and expelling huge amounts of energy makes 12 dollars an hour and someone who sits around typing up code expending relatively little energy makes much more.

      Also: what are your thoughts on sneaking into a concert? Do you consider that OK since the band is going to perform anyways? They're going to expel just as much energy is 999 people buy tickets and 1 sneaks in as if 1 buys a ticket and 999 sneak in. So is THAT justified to you?

    342. Re:Duh? by easterberry · · Score: 1

      But can I insert my name into the system without paying and then vote anyways? Thus gaining the tangible benefits of a paying member without actually giving the person creating and providing the benefits the money they ask for in exchange? Because I want to vote, but I don't feel it's worth my money and think you guys probably have enough money anyways. Besides, I'll give you word of mouth publicity! So that's practically the same thing as actually providing you with the money you explicitly require in exchange for what you're offering. I mean, it's not like you actually LOSE anything by having me do that.

    343. Re:Duh? by cheekyjohnson · · Score: 1

      saying "the time is the issue to me" does not make time the issue.

      It is the issue. If there is a service with no time (or money) used, as I've been arguing all along, we shouldn't criminalize people for getting it for free as there was no harm done. All of the people you're mentioning are using their time, and time is not in an infinite quantity. Whether or not they're being paid specifically for time or not is irrelevant, as we're talking about piracy, which is an act that uses up zero time and hurts no one. The fact remains that in employing these services, they've wasted their time. Someone could pirate a game an infinite number of times and only waste their own time. There's no reason (outside of trying to keep this broken capitalistic society on life support) that we should criminalize people for an action which logically harms no one.

      Also: what are your thoughts on sneaking into a concert? Do you consider that OK since the band is going to perform anyways? They're going to expel just as much energy is 999 people buy tickets and 1 sneaks in as if 1 buys a ticket and 999 sneak in. So is THAT justified to you?

      As I've told many other people, yes, it is, and for nearly the same reasons as file sharing.

      --
      Filthy, filthy copyrapists!
    344. Re:Duh? by easterberry · · Score: 1

      Seriously?! Ok. I have one last thing to try.

      What about counterfeiting? Is that justified to you?

    345. Re:Duh? by cheekyjohnson · · Score: 1

      What about counterfeiting? Is that justified to you?

      As long as nothing is stolen in the process, yes. You'll find that I'm very much against many of our capitalistic ways.

      --
      Filthy, filthy copyrapists!
    346. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      All your points about "artifical currency" seem to apply equally if shiny hunks of gold were used. Or wheat if you want something that's useful.

      If gold certificates are counterfeitable, what about contracts? Can I create a contract I proport to be between me and you?

      --
      Your ad here. Ask me how!
    347. Re:Duh? by cheekyjohnson · · Score: 1

      All your points about "artifical currency" seem to apply equally if shiny hunks of gold were used.

      Which is why I suggest ridding ourselves of any kind of it entirely, if possible. Whether or not such things exist in other mediums is irrelevant. The point is that the system is a broken mess.

      If gold certificates are counterfeitable, what about contracts? Can I create a contract I proport to be between me and you?

      Sure.

      --
      Filthy, filthy copyrapists!
    348. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      How would any barter system not have the same effects as using currency? You say "the system", but it's hard to imagine any trade ever occurring then. Every system requires trading.

      So you also oppose all contract law?

      I cannot understand how any system would exist.

      --
      Your ad here. Ask me how!
    349. Re:Duh? by vakuona · · Score: 1

      Copyrights do protect them. The protection is not perfect, but it is there. Case in point, Paramount pictures does not create copies of Warner movies and sell them. Absence of copyright would allow commercial organisations to repack other organisations' works and sell them on for (very little) profit.

    350. Re:Duh? by cheekyjohnson · · Score: 1

      How would any barter system not have the same effects as using currency?

      Currency is only 'needed' in systems with limited resources that promote (or fail to prevent) overpopulation. The problem, I believe, is and always has been not utilizing resources in an efficient way, not making sure that we don't consume too much (thus not allowing renewable resources to replenish quickly enough), and breeding until these problems worsen. I'm not saying that there's an unlimited number of resources, but by fixing the above problems, resources would be abundant for humans.

      Every system requires trading.

      That you know of. I'm talking about this. Futuristic or no, the problems I've listed have every bit to do with our capitalistic society, and failing to fix them could prove disastrous for the future.

      --
      Filthy, filthy copyrapists!
    351. Re:Duh? by vakuona · · Score: 1

      That system is unworkable. It reduces artists and other creative types to be receivers of charity. People pay them if they want to. Can you imagine working under those conditions, where you turned up at work and your employer paid you if they felt that you had done work justifying your getting paid.

      Lack of respect for copyright deprives the artist _and_ society by reducing the incentive to create.

    352. Re:Duh? by cheekyjohnson · · Score: 1

      Copyrights do protect them. The protection is not perfect, but it is there. Case in point, Paramount pictures does not create copies of Warner movies and sell them.

      Yes, I suppose I was only thinking about file sharing. It's certainly not a 'protection' that I believe should exist, as I'm very much against criminalizing people for victimless crimes (for reasons I've already pointed out). The 'need' for copyright laws when individual media and resources are abundant (or in the case of digital media, unlimited) truly shows how outdated our society is. To "promote incentive" isn't a good reason because someone's primary motivation shouldn't be entirely profit in the first place. If they do not care about what they are doing, they should not do it.

      --
      Filthy, filthy copyrapists!
    353. Re:Duh? by cheekyjohnson · · Score: 1

      That system is unworkable.

      Which one are you talking about? The current one which promotes war for profit, greed, corruption, abuse of the environment for profit, abuse of living beings for profit, pollution, artificial scarcity, inefficient use of resources, and planned obsolescence? Like it or not, our capitalistic society is largely outdated and our technological progress has shown that. If this continues, the consequences could be disastrous. Capitalistic societies typically treat the planet as if its resources are unlimited and use far too much of them, only to later dispose of a great deal of them. It's not sustainable.

      I promote this system. Futuristic or not, we're doomed if we don't come up with some sort of alternative.

      People pay them if they want to. Can you imagine working under those conditions, where you turned up at work and your employer paid you if they felt that you had done work justifying your getting paid.

      Criminalizing people for victimless crimes isn't the answer.

      Lack of respect for copyright deprives the artist _and_ society by reducing the incentive to create.

      Which is exactly the problem I'm talking about. Copyright infringement is a victimless crime (for reasons I've already pointed out), and the file sharers aren't where the problem lies. The problem lies in society itself. Criminalizing people for actions which hurt no one is not a way to fix this.

      Speaking of incentive, what happens if someone were to not buy a product, and because of this, the business went bankrupt? Many people who did buy the product would be disappointed, there would be less incentive, and much of society would likely be 'harmed'. That's all file sharers do: not give someone their money while not interacting with them in the slightest.

      --
      Filthy, filthy copyrapists!
    354. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      So halfway between a post-scarcity economy and a communist economy? It seems to totally ignore that not all resources are capable of existing post-scarcity (e.g. land). But it really requires creating a "new soviet man", that is getting rid of certain aspects of human nature.

      --
      Your ad here. Ask me how!
    355. Re:Duh? by cheekyjohnson · · Score: 1

      It seems to totally ignore that not all resources are capable of existing post-scarcity (e.g. land).

      Land, even now, isn't a problem. It likely never will be if that system is implemented properly (as overpopulation would be heavily discouraged, naturally).

      But it really requires creating a "new soviet man", that is getting rid of certain aspects of human nature.

      Not really. No one is inherently evil. In certain aspects we may have instincts, but most behaviors can be changed. The environment right now is largely what likely makes people desire more than what they need currently (a greedy environment where corruption and selfishness thrives most likely due to the existence of artificial currency which just separates people into little groups, making them feel superior to one another for having more things).

      --
      Filthy, filthy copyrapists!
    356. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      Land, even now, isn't a problem.

      Which is why there are lawsuits in California over beach ownership? Which is why an apartment in Manhattan costs more than a mansion somewhere else? I mean, yes, there's some space that you can live on. But land is not created equally.

      In certain aspects we may have instincts, but most behaviors can be changed. The environment right now is largely what likely makes people desire more than what they need currently

      I think greed is pretty embedded. I mean, preschool tries really hard to get kids to share toys. They try to have that culture. So does Seaseme St. Are you really claiming that there's a bias given to these kids that's more powerful than intentional indocrination, and yet can somehow be eliminated?

      --
      Your ad here. Ask me how!
    357. Re:Duh? by cheekyjohnson · · Score: 1

      Which is why there are lawsuits in California over beach ownership?

      Oh, that's what you were referring to. Legally owned land. I'm sure that would be done away with, because it doesn't make sense for people to own beaches and large sections of land that they don't even need.

      There's no shortage of actual land even right now (even including the legally owned land, some places are just worse off than others and far more popular), and people simply don't need to own large sections of land like they do now. Additionally, discouraging overpopulation would of course solve this problem even further (but the reason for that is more to do with resources than land).

      I think greed is pretty embedded. I mean, preschool tries really hard to get kids to share toys. They try to have that culture. So does Seaseme St. Are you really claiming that there's a bias given to these kids that's more powerful than intentional indocrination, and yet can somehow be eliminated?

      It's more like unintentional indoctrination. It's powerful because it's extremely widespread. If preschool kids (and everyone else) grow up in a society that believes that money is extremely important, a society which greed and corruption thrives in, it is likely that they will inherit these traits.

      --
      Filthy, filthy copyrapists!
    358. Re:Duh? by shnull · · Score: 0

      no, ofcourse not, filesharers ard god-dam communists and they need to be shot (i think that's more like what's behind it)

      --
      beware he who denies you access to information for in his mind, he already deems himself to be your master (SMAC-ish)
    359. Re:Duh? by PeterBrett · · Score: 1

      But can I insert my name into the system without paying and then vote anyways?

      No.

      Also: 2/10. You're trying too hard.

    360. Re:Duh? by Vanderhoth · · Score: 1

      You're not looking to avoid a couple of less appealing songs on a CD, you're looking for pet entertainment slaves that you can treat how you see fit, throwing them a bone if you decide they deserve it, but consuming their work in advance without honoring the offer they're making

      So if I test drive a car I'm obligated to buy it? No, when I bought my car I went to five different dealer ships and test drove at least two cars from each, when I found one I liked I found two other places it was sold and negotiated a price I was willing to pay.

      Entertainers aren't slaves, but it is part of their job to entertain. If a busker on a street corner isn't preforming he's just a beggar. I'm not going to give him money just because I saw him pick his nose. If however he's playing an instrument I might throw a few dollars his way. The way you describe it makes it sound like I'm telling him to dance and shooting a gun at his feet.

      If I hear something I like I'll make a reasonable effort to pay for it. Money isn't an issue it's the product and whether it's BEING made available to be purchased.

      f you don't like how an artist brings something to market, that means that you don't like that artist and their view of that market. ... Otherwise, you're being a spectacular hypocrite.

      Ah no, if an artist makes good quality work that is only purchasable in the UK and I cannot buy it in Canada then I can't be responsible for not buying a product that's not available to me in any other way except to download it. Otherwise I would buy it. A good example of this was a movie called "Secret of Moonacre Valley"one store in, my wife downloaded it and we liked it, but couldn't buy it in Canada. It was only for sale in the UK, I couldn't even get it on E-bay at the time, but I did find it, but the store didn't ship to Canada and if they did the movie wouldn't work in any of our devices because of region codes. The issue isn't with the "artist" in this case it's with the DRM and the distribution method, both of which are more to do with licensing, copyrights and organization like the *IAA. We buy more movies now then we use to. We go see movies available in our area at the theatre and download a lot foreign films, which we make a reasonable effort to buy if possible. Meaning I can buy it and have it shipped to me and it's in a format that I can consume it in.

      Is the grocery store screwing you by offering expensive steaks you elect not to buy?

      I don't normally buy stakes from the grocery store before looking at them to make sure their of good quality. Good barbecuing stakes have fat evenly distributed through out them, which makes them tender. Would you go to a grocery store and pay $20 for a steak wrapped in brown paper and not look at it first? seems unlikely to me.

      This is a fictional scenario.

      Is a professional photographer screwing you by offering a wedding photography package that's outside your budget?

      That's not how most vendors work. When my wife and I got married we went to three different photographers, we saw samples of their work and when we decided on one we negotiated a price we thought was reasonable. Then we didn't paid until after we had received and were satisfied with the product. We paid them a bonus because we were happy with their work. IF they had done a crap job I would have returned the product and gotten photos from my friends, family and other guest and made my own photo album. *begin sarcasm* Oh, but wait then I guess the photographer would have to sue me because I got pictures for free instead of paying them for a lousy product. *end sarcasm*

      I doubt that would have been the case as no one is obligated to buy something you're not happy with. The last time I remember buying a CD before downloading it first was back in the 2000. It was a band called "Pennywise". I heard one song on the radio I liked. no one I k

    361. Re:Duh? by Anonymous Coward · · Score: 0

      I distrust that "pretty obviously". It suggests that he didn't look very closely at leechers, but made assumptions. My understanding is that other studies have shown that leechers' motives aren't, on the whole, financial either.

      Let's take one case that I know inside out (me, a couple of decades ago in the UK, and before the FAST act that made such things more than, at most, a cause for civil action). What I was leeching (via the technology of the time, aka "some guy I know") was computer games for the Atari 400/800. Games were hideously expensive, yes - but my motives weren't financial beyond only having so much to spend. The prices didn't stop me buying a fair number (many of which I regretted very quickly). Alongside that, I acquired copies of many things that simply weren't available here, buying the media onto which they were copied. And maybe one game in 10 was good enough to keep me interested for more than a few hours; but I used my Ataris for games regularly for several years before moving on to other platforms. I bought pukka copies of many of the games that I enjoyed, I supported publishers with a good track record, and i recommended good games to friends (many of whom also bough legitimate copies).

      (Look at the economics of that, by the way: I had a finite amount of money I could afford to spend on the hobby, and I spent it all, so AT MOST the loss to the games companies was the cost of the floppies I bought (retailers didn't lose out, because I was buying my floppies from the same people I was also buying games from). Set against that is what happened, and what didn't; crucially, the constant flow of new content, much of which wasn't even available here, kept me playing and buying LONG after I would have given up if I'd had to repeatedly spend hundreds to find out just how bad some of the games out there were. So the industry got far more from me because of that, and many more recommendation sales, than it ever lost because of a few packs of floppy disks. That's called a win-win situation, by the way; but it will be a cold day in Hell before we convince most of the Suits.)

    362. Re:Duh? by Anonymous Coward · · Score: 0

      The question isn't if they are making money.

      Does anyone think that file sharers are saving money?

      If they are saving money, the are doing so by stealing instead of buying. If they aren't saving money, then they aren't saving any money as they wouldn't have the products if they couldn't pirate them.

    363. Re:Duh? by ScentCone · · Score: 1

      So if I test drive a car I'm obligated to buy it?

      No. Because the person offering it for sale is choosing to give you the opportunity to test drive it. Some musicians also offer their works freely, for a complete download, in hopes that you'll send money or do other business with them. But many other artists specifically do not want their works to be bit-for-bit copied and "shared" with millions of the pirate's friends. That's the difference. You're deciding when the artist should embrace that model, and taking the choice away from them. If you don't like artists that want you to pay first, don't think you're going to change their mind by ripping them off. Change their mind by ignoring them and buying your entertainment from other people, instead.

      Your examples of pay-after-service involve offerings made by those suppliers/vendors/businesses that specifically include that way of doing things. It is their choice to allow you to interact with them in that way. There are, though, many exceptions within the same industries that you cite - including restaurants that don't let you walk away with your food until you've paid up front, or businesses (such as wedding photographers) that require a non-refundable deposit, up front.

      You can pick and choose the offerings you like, and ignore the ones you don't. Artists that want to be paid at the time you go away with a copy of their work also have that right, and they can choose to skip involvement with people who don't want to pay. But the pirating crowd says, "Too bad! I'm taking it anyway!" You're also saying that, but following up with the suggestion that, if you like it, you might pay.

      You must, surely, see the moral difference between these two scenarios. If you don't like the way something's offered, walk away. Don't unilaterally make up rules that the other party wouldn't and can't agree to (since you're ripping a copy of their work without them being involved). And remember that many of the very same artists do provide excerpts of their work for free sampling - the equivalent of you looking over (but not eating) the lettuce before you buy it. Those are people to support by not pirating their works - but their works are none the less found in thousands of busy torrents all across the web. Why is that? It's obvious. People want it, but don't want to be bothered paying for it, and not because they can claim ignorance of the contents of the work. They just want the artist to work for them for free.

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    364. Re:Duh? by Vanderhoth · · Score: 1

      You must, surely, see the moral difference between these two scenarios.

      No I don't, you've invented a moral difference based on your own morals and values. I don't share that outlook. I feel the try-and-buy model works.

      but their works are none the less found in thousands of busy torrents all across the web. Why is that?

      If something is played on the radio 20 times a day for free, what's the difference between that and it being on a torrent site? IMHO, there is no difference. If it's free it's free. And if free leads people to buy, which I do, that's even better.

      People want it, but don't want to be bothered paying for it, and not because they can claim ignorance of the contents of the work. They just want the artist to work for them for free.

      I've already debunked this. I buy much of what I do download and delete stuff I don't care for. I don't expect to get anything I want for free, but I do expect to be able to decide if I want to pay for it. If an artist doesn't want me to download their stuff and I know (Matalica) then I don't, but I don't buy anything by them at all. Too bad I use to be a big fan of theirs, until the file sharing fiasco.

    365. Re:Duh? by ScentCone · · Score: 1

      If something is played on the radio 20 times a day for free, what's the difference between that and it being on a torrent site?

      The difference is that the artist has made arrangements specifically for their work to be available on the air, and is compensated for the fact that the business broadcasting it is doing so, in accordance to an agreement to which they've both agreed. The people who rip the work off without making such arrangements are doing just that: cutting the artist and the artist's wishes out of the loop, on purpose. Are you really saying that the artist should have no choice but to have someone grab a bit-prefect ISO of their recording and push it around in that way? That even artists who do not want to do that, must do so? I'm trying to get to the bottom of whose work you think it actually is, here.

      I've already debunked this

      Which explains why all of the stuff running around as torrent files is only stuff that the artists have decided to pass around for free, right? No pirated works, no sir-ee! That also explains the huge number of feature films that are passed around, in their entirety, right? Those millions of downloads are only the ones that the film maker wants to have people take for free on the same day they put their DVD up for sale, right? Or are you in agreement that those are unauthorized copies, but your position is that the artist should have no say, that they must surrender their work for free?

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    366. Re:Duh? by Kalriath · · Score: 1

      I don't much care about the definitions (as in, they can't be used as an argument against me in this scenario because you know exactly what I mean).

      No, you can't redefine words when it suits you. You specifically said "you can't lose something you never had". This is patently false.

      You can't own an opportunity, nor are you harmed by 'losing' one.

      Incorrect, again. Well, to an extent. While you cannot own an opportunity (insofar as you can't really own any intangible concept), you can lose one, and whether any harm comes from it is directly determined based on whether that opportunity would have been fulfilled or not. Claiming that it is impossible to be harmed by the loss of an opportunity is disingenuous and incorrect.

      Then I don't really see what your point was.

      Of course you don't. It doesn't agree with yours, so you're ignoring it. Pretty much par for the course on this site when discussing topics like this.

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    367. Re:Duh? by Anonymous Coward · · Score: 0

      The difference is that the artist has made arrangements specifically for their work to be available on the air, and is compensated for the fact that the business broadcasting it is doing so, in accordance to an agreement to which they've both agreed.

      Like I said if something is on the radio 20 times a day it doesn't matter if I'm downloading it. The artist has already been compensated whether I download their content or not. To add to that, file sharing allows content to reach a larger audience and can greatly improve popularity of the content, leading to increased request for the content and thus more lucrative deals for the producer of that content. If you don't believe this you should look up the term "going viral". So file sharing is still benefiting an artist.

      Are you really saying that the artist should have no choice but to have someone grab a bit-prefect ISO of their recording and push it around in that way? That even artists who do not want to do that, must do so?

      So much could be said here. If you don't want people consuming your art, don't be an artist. I don't like speaking for other people. When I know an artist doesn't what their stuff shared, I don't download it. As an unfortunate side affect for them I don't buy their content either. I've already stated that. As a matter of fact that's exactly what you suggested I do.

      If you don't like the way something's offered, walk away.

      If an artist doesn't want to do business in a fashion I'm comfortable with, I don't do business with them. Those that are willing may reap the benefits a small slice of my monthly entertainment budget. Sure maybe I don't buy EVERYTHING, but I sure as heck buy a lot more then I would have otherwise.

      As a side note who gave you the right to decide what artist want? I was under the impression they wanted me to buy their content, which I do if I think it's worthy of purchase. As I've stated several times downloading content that's not easily or locally accessible to me has lead me to spend a ton of money on content I wouldn't have otherwise bought, if the content is available to be bought in the first place.

      If I was in the position of the content producers I've bought from and heard you making a blanket statement saying someone shouldn't be downloading and subsequently not buying my content, I might issue to that. However, I prefer to let others make up their own minds instead of coming to personal conclusions and then telling others how to think and what is morally right.

      I'm trying to get to the bottom of whose work you think it actually is, here.

      My two cents on this is: As a developer I write programs. People use my programs. As a developer I'm happy people are using the software I've developed. That's what it was developed for. It's not a matter of who owns my work. Maybe this is the real difference between us. I do something I love and just happen to make a good living off of it while enjoying the fact I've done something useful; something that others can use to make their jobs easier. I'd do my job for free and work at MacD's for a living if I couldn't get paid for it that's how much I love what I do.

      I think the real question you should be asking yourself is. What do you do that makes you so bitter toward people consuming the work of others? Especially when that consumption might lead people like me, who otherwise might not have even known you existed, to pay you for it. If I was in your place I might be seriously re-evaluating my life, goals and profession.

    368. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      No, what I'm referring to is the fact that land is unequal. Some land is simply better than others. Swampland simply isn't as good as mountaintops or beaches. People will always want to live in nicer places, given the choice. Since there is a certain number of people who can live in any space, there's some priority given to some people and not others. How could this be handled?

      I threw in NYC because the closer you get to the core, the better land is.

      It's more like unintentional indoctrination. It's powerful because it's extremely widespread. If preschool kids (and everyone else) grow up in a society that believes that money is extremely important, a society which greed and corruption thrives in, it is likely that they will inherit these traits.

      This is what Marx said. The Soviet Union tried for three generations and weren't able to remove those traits. Do you have any studies that suggest you can?

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    369. Re:Duh? by cheekyjohnson · · Score: 1

      No, you can't redefine words when it suits you.

      No, I can't, but I never said that I could. What I said is that you know exactly what I meant. They never had the objects in the first place, so they can't vanish from their possession. That is what I meant, and you likely knew it.

      Claiming that it is impossible to be harmed by the loss of an opportunity is disingenuous and incorrect.

      You say that it's incorrect, but then you fail to explain how. If you never had the objects in your possession, 'losing' the opportunity does not harm you because they were never in your possession in the first place, and unless you lost time or resources, you remain completely unchanged.

      Of course you don't. It doesn't agree with yours, so you're ignoring it. Pretty much par for the course on this site when discussing topics like this.

      Why the assumptions? They aren't going to get you anywhere. I said that I don't understand your point because if you aren't willing to debate that harm was done, then what was the point? I'm arguing that no harm is done, and therefore it should be allowed and society should be reshaped to allow for that.

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    370. Re:Duh? by cheekyjohnson · · Score: 1

      How could this be handled?

      Well, considering no one will actually be owning the land, there won't be a shortage of it. You could, in theory, move somewhere, and then move somewhere else. No one truly owns the land, so you'd be free to go where you please.

      The Soviet Union tried for three generations and weren't able to remove those traits.

      Was currency eliminated? How restrictive was the government and its environment? How widespread was corruption and greed? I don't believe a society like this has ever been truly implemented or tested.

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    371. Re:Duh? by Vanderhoth · · Score: 1

      I didn't intend to post this AC.

    372. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      There is some spot on the world that is "the best place to sleep". Or maybe there are several but then there would be more people in the world then you and me. I want to sleep there. You want to sleep there. How do we decide? Can I just hit you if you get close? Do we alternate? What if we agree you get to sleep there 4 nights out of every five if you fan me on the fifth night?

      What about if that place is in bumbfuck nowhere. Do you have to help me get there? Even if it makes your life worse?

      I'm not going to let you get away with a No True Scottsman on communism, either. A society like that never was truly implemented because the act of transitioning to it implodes the society. Because it cannot work. Because its assumption is that you can change human behavior in a specific way that no one has demonstrated you can, and in fact studies have shown are improbable.

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    373. Re:Duh? by cheekyjohnson · · Score: 1

      How do we decide?

      First come, first serve? I don't know, but this isn't a major problem.

      I'm not going to let you get away with a No True Scottsman on communism, either.

      Apparently you didn't understand what I meant. I didn't commit a "no true scottsman" fallacy. I asked valid questions as to the conditions of the Soviet Union and stated the fact (it is a fact) that no such society has been implemented as of this time (or even tested). I didn't say anything about me knowing it would work or anything such as that, either.

      A society like that never was truly implemented because the act of transitioning to it implodes the society.

      It wouldn't 'implode' society if it wasn't forced, I suspect.

      Because it cannot work.

      Neither can the current system (for long), as I've said previously. It's a bit early to be making such a bold claim, isn't it?

      Because its assumption is that you can change human behavior in a specific way that no one has demonstrated you can, and in fact studies have shown are improbable.

      So, you don't think behavior can ever be changed? At all? You believe a selfish person can never become generous, or a generous person can never become selfish? If not, then why do you believe it only applies to certain behaviors but not others?

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    374. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      First come, first serve? I don't know, but this isn't a major problem.

      Right, and then I let my kids sleep there, and build a house, and before you know it that land is "mine".

      asked valid questions as to the conditions of the Soviet Union and stated the fact (it is a fact) that no such society has been implemented as of this time (or even tested).

      Societies have existed on a contiumium for a while. It's not that hard to extrapolate that the Soviet Union is closer to what you're proposing than many other societies, and therefore serves as a basis for comparison.

      It wouldn't 'implode' society if it wasn't forced, I suspect.

      It wouldn't happen at all if it wasn't forced, because the non-participating portions of society would take advantage of the group that tried.

      Neither can the current system (for long), as I've said previously. It's a bit early to be making such a bold claim, isn't it?

      Not really. The current system has lasted hundreds of years. People have been trying to implement your system for a hundred years. It fails once the population gets over a couple hundred.

      So, you don't think behavior can ever be changed? At all? You believe a selfish person can never become generous, or a generous person can never become selfish? If not, then why do you believe it only applies to certain behaviors but not others?

      I believe habits can be formed and changed, but that it requires intentional (but maybe subconscious) effort to form habits that aren't in one's short term interest. Most people are really incapable of growth. And to grow in a way that changes one's base motivation seems impossible absent trauma (need the motivation to do so, after all).

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    375. Re:Duh? by cheekyjohnson · · Score: 1

      Right, and then I let my kids sleep there, and build a house, and before you know it that land is "mine".

      Technically it isn't, and you won't be building the houses.

      Societies have existed on a contiumium for a while. It's not that hard to extrapolate that the Soviet Union is closer to what you're proposing than many other societies, and therefore serves as a basis for comparison.

      Closer, maybe, but definitely not the same. If it used currency, had a restrictive government/environment, or had widespread corruption and greed, then they are far from the same thing (maybe closer, though).

      It wouldn't happen at all if it wasn't forced, because the non-participating portions of society would take advantage of the group that tried.

      No, it's something that must be voluntary. A large group of society must accept it before it can happen (which is the plan).

      The current system has lasted hundreds of years.

      The current system hasn't used as many resources or destroyed the environment as much as it has now for hundreds of years. Do you truly believe that wasting as many resources as we do, waging as many wars as we do (very destructive wars), and generally treating the environment as a play thing can last longer than not doing those things?

      It fails once the population gets over a couple hundred.

      Pretending to know the future isn't helping your case. I don't pretend to know it will work, but what I do know is that we won't last much longer if we keep trying to put this system on life support.

      I believe habits can be formed and changed

      Most people are really incapable of growth.

      Yes, I suspect it is difficult to suppress greed and corruption when it is so prevalent. The intention is to rid ourselves of that mass corruption and greed by eliminating the factor that likely causes most of such behavior: currency.

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    376. Re:Duh? by easterberry · · Score: 1

      Trying what too hard? do you think I'm trolling? Because I'm not. I'm making a point. My point is, why is anything I just said, by the very values your party is trying to legitimize and legalize, NOT allowed? I am being 100% serious and asking you to be the same. What makes the ability to vote in your party different from music and movies that you think that I should be allowed to take one without paying but not the other?

    377. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      Technically it isn't, and you won't be building the houses.

      Technicalities aside, long term possession is indistinguishable from ownership... both by those doing the possessing and those who are denied its use. And why wouldn't I build a house? Who the hell wants to live outdoors?

      Closer, maybe, but definitely not the same. If it used currency, had a restrictive government/environment, or had widespread corruption and greed, then they are far from the same thing (maybe closer, though).

      I don't know why its not the same. IT's a whole country that tried what you are proposiing. All of it. The change in human behavior, the elimination of money. And it failed. There was widespread corruption because trying to build that system with human nature leads to corruption. There was currency to allow people to customize their lives.

      It failed. You cannot say "but if hadn't reached these incremental steps towards failure it wouldn't have"much like my gmabling strategy of "just pick the horse that will come in first" fails only when people choose the horse wrong. I mean, how is it not a "No True Scotsman" fallacy?

      Do you truly believe that wasting as many resources as we do, waging as many wars as we do (very destructive wars), and generally treating the environment as a play thing can last longer than not doing those things

      You're presuming facts not in evidence. Namely, that even if such a society as you are proposing could exist, you don't show why it would be intrinsicly more likely to avoid waste. I belive that a society set up our way will overall achieve less waste than what you propose. Lack of ownership leads to overutilization of common resources. That's why efficency improved once the common grazing land was privitized. Now, if you want to claim that we need better recouping of externalities such as pollution, I concur. But that's a capitalist solution.

      Pretending to know the future isn't helping your case.

      It's not the future. People have been trying this for a hundred years. It actually works for small communes... at least for a while. It tends to be worse for the second generation. You are proposing something that has been tried without knowing the past. Empiricism, etc.

      Yes, I suspect it is difficult to suppress greed and corruption when it is so prevalent. The intention is to rid ourselves of that mass corruption and greed by eliminating the factor that likely causes most of such behavior: currency.

      Currency isn't a cause. It's a tool because people are greedy.

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    378. Re:Duh? by cheekyjohnson · · Score: 1

      Technicalities aside, long term possession is indistinguishable from ownership... both by those doing the possessing and those who are denied its use.

      Given the amount of places in the world, I don't see this as being a problem.

      And why wouldn't I build a house?

      Most likely it would already be built, due to houses having certain specifications.

      I don't know why its not the same.

      Governmental corruption, widespread greed, and the existence of currency.

      And it failed.

      Most likely due to the factors that I just listed. Not to mention that the 'change' was forced, not a decision made by a majority of the people.

      how is it not a "No True Scotsman" fallacy?

      It something can (theoretically) only be done a certain way, and someone fails to do it in that way, then it really wasn't the same because it wasn't even implemented correctly (not that I'm assuming this could work for sure). In other words, I'm commenting on the method that they used to try to construct such a society.

      Namely, that even if such a society as you are proposing could exist, you don't show why it would be intrinsicly more likely to avoid waste.

      Due to the focus put on developing new technology that more effectively allows us to manage resources and the smaller population. Money is the limiting factor now. If something that helps the environment is not profitable, it most likely won't get done until it is too late (or not much effort will be put into it). Planned obsolescence just makes this problem worse.

      Lack of ownership leads to overutilization of common resources.

      Lack of ownership means that we don't need to keep wasting time and resources building things that we already have just so a different person can 'own' it.

      People have been trying this for a hundred years.

      The specific methods that they employed were not only forced, but the incorrect way to go about the change.

      Currency isn't a cause. It's a tool because people are greedy.

      Why is it that you believe that people are inherently greedy? Do you really believe that a society which actively promotes greed has no effect on an individual? People will likely continue to fail to change as long as their environment largely encourages their behavior.

      Furthermore, how does currency help this situation at all? It helps the greedy be even greedier, and further divides people into groups depending on how much they 'own'.

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    379. Re:Duh? by Actually,+I+do+RTFA · · Score: 1

      Given the amount of places in the world, I don't see this as being a problem.

      They are unequal. I mean, in NYC it's really really unequal. Population density is positive in that case. There are a finite number of beautiful secluded places as well.

      Most likely it would already be built, due to houses having certain specifications.

      What does that even mean? There's a house. If it doesn't exist, I want to create it. If it does exist, it may not have enough bedrooms, or a workshop, or whatever I want to customize it to have. And a house means that on that entire parsal of property, there's a clearly more valuable location.

      Governmental corruption, widespread greed, and the existence of currency.

      COrruption and currency are both functions of greed (well, the currency serves other purposes as well, but its a function of capitalism, which runs somewhat on greed). So your entire point is that without greed, good things can happen. *slow clap*

      Most likely due to the factors that I just listed. Not to mention that the 'change' was forced, not a decision made by a majority of the people.

      YOu can sya that, but you are just wrong. Empirically wrong. Did not do any research wrong. Corruption and currency free societies of self-selected members with purely optional membership have been tried in a lot of places. It works for a while, until it gets too big. Or some groups consider monogomaous relationships to akin to private property. Or someone wants a bit of private space with their wife. Or any of a hundred things.

      It something can (theoretically) only be done a certain way, and someone fails to do it in that way, then it really wasn't the same because it wasn't even implemented correctly (not that I'm assuming this could work for sure). In other words, I'm commenting on the method that they used to try to construct such a society.

      Do you now what the No True Scotsman fallacy is? It is exactly that. Communism works, but I've tightly defined it such that each person who has tried communism failed in a minor detail of implementation. That's what you are saying. You further say that by eliminating the symptomes of greed and laziness, it would work. But your causation is backwards. The symptomes presence is evidence that you haven't removed greed or laziness. And you just assert both are learned and not innate. But people have asserted that for a hundred years. How will you succeed in altering people when they have failed. It especially hurts your argument that apparently you are completely ignorant with regards to past instantiations of communism.

      Due to the focus put on developing new technology that more effectively allows us to manage resources and the smaller population. Money is the limiting factor now. If something that helps the environment is not profitable, it most likely won't get done until it is too late (or not much effort will be put into it). Planned obsolescence just makes this problem worse.

      We could use capitalistic pressures by charging for pollution, making developing and using cleaner technologies a capitalism driven choice. Similarly, we could mandate terms that make planned obselecense less valuable.

      Lack of ownership means that we don't need to keep wasting time and resources building things that we already have just so a different person can 'own' it.

      Except it doesn't. See, I want to use a hammer. If there is only one hammer, I have to wait. If I produce a new one, I do not. So the number of hammers will grow to meet peak usage. But wait, it's really inefficent to send a hammer from Sibera to me, so we'll have to geographically locate them. And I would rather use a new hammer than one that Bob used, because he ate sticky things and never cleans the hand

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    380. Re:Duh? by cheekyjohnson · · Score: 1

      They are unequal.

      Yes, but different places are good for different people. Anyway, people will just have to deal with the finite number of places.

      What does that even mean?

      It means that the action of building houses will likely be automated. Instead of building them in a static place, they can be moved. While it won't be in a specific spot, you could move it there.

      So your entire point is that without greed, good things can happen.

      My entire point is that our environment is what causes so much of this greed.

      Corruption and currency free societies of self-selected members with purely optional membership have been tried in a lot of places.

      Really? I did not know that. Citation?

      Do you now what the No True Scotsman fallacy is? It is exactly that. Communism works, but I've tightly defined it such that each person who has tried communism failed in a minor detail of implementation. That's what you are saying. You further say that by eliminating the symptomes of greed and laziness, it would work.

      You keep calling them minor details, but I disagree.

      How will you succeed in altering people when they have failed.

      You said above that corruption-free societies with no currency (and completely voluntary) have been tried before. Can you list specific examples?

      It especially hurts your argument that apparently you are completely ignorant with regards to past instantiations of communism.

      Well, that doesn't actually hurt my argument, but it's certainly not making it stronger.

      We could use capitalistic pressures by charging for pollution

      I wonder how long it would take for the ones in power to counter that by lobbying.

      Similarly, we could mandate terms that make planned obselecense less valuable.

      I suppose, but I can't think of a specific way to do so.

      See, I want to use a hammer. If there is only one hammer, I have to wait.

      Obviously, but that's not what I meant. You wouldn't have to make a new hammer if there was already one available and not being used (unlike if someone 'owned' one and you had to beg them to use it, which a stranger probably wouldn't let you do).

      Society evolved that way do to greed.

      Society evolved this way due to the fact that they were seeking a more efficient system than they had previously, I believe. This system doesn't quell greed at all.

      Greed we see animals exhibit all the time.

      I would have thought that humans could be slightly more intelligent than that. Not to mention the fact that that's largely shaped by their environment and the lack of actual resources or reasons to share with others (or the intellectual prowess to understand the benefits of doing so: benefiting society as a whole, and therefore yourself).

      Currency allows for trades to take place with small scrips instead of barrels.

      That fixes greed how? That's what I meant. The more unlikely it seems that these problems will ever be fixed, the more I revert to my previous stance that it would be better if the entire human race was simply annihilated. Too much power, and not enough intelligence to know what to do with it.

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  2. Not motivated by financial gain... by boarder8925 · · Score: 1, Informative

    That's not the point of the media companies' campaigns against file-sharing and "piracy," though. Have you seen the FBI anti-copyright-infringement warnings? You can be punished whether or not you distribute copies of a copyrighted work for financial gain.

    1. Re:Not motivated by financial gain... by Anonymous Coward · · Score: 0

      Have you seen the FBI anti-copyright-infringement warnings?

      What warnings?

    2. Re:Not motivated by financial gain... by guruevi · · Score: 1

      With the current wording and laws you can be arrested simply for playing a movie in the wrong device. Some devices (cheap DVD players and computer programs) don't necessarily have paid for a license to playback the media. Also, any device that copies the content into buffers is technically infringing. If you have HDMI or DVI outputs and need a converter you infringe by circumventing the encryption on those channels.

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    3. Re:Not motivated by financial gain... by Artifakt · · Score: 1

      We know that's not the point as the media campaigns address it. The point in this article is: Will the campaigns be successful, given this motivation?
      Let's say you are doing real charity - not giving away someone else's content, but giving your own money. Now someone who owns a check into cash business calls you a thief, because by making it softer for some poor person, they don't have to pay a bunch of check into cash fees. Do you believe them? Do you accept their moral premise, that they own their clientele and you are stealing those potential clients from them?
              Same here. Yes, there's a difference in how clear cut the issues are. That's real life for you - complex and sometimes ambiguous moral issues. The file sharers may not own the content, but Robin Hood didn't own what he gave the peasants either. The Sheriff of Nottingham never saw Robin Hood as anything other than just another thief. Do you think Robin Hood minded if a lackey of thieves like the Sheriff, working for a great thief like John the Bastard, called him a thief? The average file sharer thinks the media cartels have committed great crimes, and being called a thief by the media campaigns just enforces the Robin Hood syndrome.
              Now personally, I just boycott. I agree that the media have bent or broken a lot of laws, bought political actions, ignored other people's rights, and done a host of things that undermine their moral position. They've refused to recognise legitimate fair use, bribed politicians, failed utterly to comply with the spirit of the Constitution regarding copyright, vilified their opponents by comparing them to not just pirates and thieves but Jack the Ripper, and claimed that people like me don't exist (and that nobody is boycotting without being a thief), the list goes on and on. I don't think of what the RIAA or MPAA is doing as nearly the sort of massive thing Robin Hood faced in legends, with the legitimate government kidnapped in a back room deal with a foreign power, and armed thugs beating people, so I don't go to direct opposition. If the RIAA somehow starts using physical force, sending goons to kick down my doors and audit my PC files, then maybe I'll consider them worth Robin Hood style tactics.
                But make no mistake, this is one big set of crooks accusing other people of being small scale crooks, and most of those crooks don't think of themselves as just another guy who is passing around something that isn't really theirs, they think of themselves as Robin Hood.
              The article is pointing out that you can't shame Robin Hood into giving up. Prince John can't legitimately claim to have the moral high ground. Short of vicious reprisals against a Robin Hood's family, or very public executions, you can't stop him and his whole band of merry men, and according to legends, a new 'hero' always rises up in such cases.

      --
      Who is John Cabal?
  3. Summary wrong by guyminuslife · · Score: 3, Insightful

    The interviewee says that uploaders don't think that what they're doing should be illegal, not that they aren't aware of the legal ramifications or that education about the law would suddenly change everything.

    --
    I don't believe in time. It's a grand conspiracy designed to sell watches.
    1. Re:Summary wrong by guyminuslife · · Score: 3, Insightful

      As opposed to saying "don't see what they're doing as immoral."

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    2. Re:Summary wrong by Chrisq · · Score: 1

      The interviewee says that uploaders don't think that what they're doing should be illegal, not that they aren't aware of the legal ramifications or that education about the law would suddenly change everything.

      As opposed to saying "don't see what they're doing as immoral."

      As far as I can see "uploaders don't think that what they're doing should be illegal", and "uploaders don't see what they're doing as immoral" are exactly the same. I cant think of any circumstances where a reasonable person would think that the law should be immoral.

    3. Re:Summary wrong by medv4380 · · Score: 1
      If you read the whole sentence you're pointing out in the article they say

      shouldn't be illegal, that there was no criminal act involved

      The problem isn't the Slashdot summary but the article. They constructed a sentence that contains a logical contradiction. The survey respondents can't think that file sharing shouldn't be illegal and think that there isn't any criminal act since if they thought it shouldn't be illegal that would be it was a criminal act, and if they think there isn't any criminal act involved they they would think that it was legal and not that it shouldn't be illegal.

    4. Re:Summary wrong by DavidTC · · Score: 1

      There are plenty of reasons to outlaw things that are not, per se, immoral.

      For example, it is not more moral to drive on the right side of the road. That was basically a random choice.

      What we shouldn't do is outlaw things that don't cause harm, or risk causing harm, either to an individual or society, not that 'aren't immoral'.

      Or, rather, we shouldn't outlaw things where the harm caused by the law is worse than the harm caused the act, which copyright is rapidly reaching. (And, for comparison, drug law reached in the 1980s.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Summary wrong by Anonymous Coward · · Score: 0

      Pick your perspective.

      A true progressive, as in progress of the human race on all fronts, and information purist might say charging any sum for music or other, is downright absurd, and contrary to an open and free society.

      I know, right? Thinking the free flow of information, in any form or express, should be stifled by the requirements of economics and gain.

    6. Re:Summary wrong by Attila+Dimedici · · Score: 1

      You are making a mistake that many people make, by considering any act that is illegal to be a criminal act. However, most people veiw a "criminal act" as one that should be illegal, and anything that they think should not be illegal is not a "criminal act", regardless of what the law says.
      When any society has too large of a discrepancy between what the law says is a criminal act and what the majority believe to be a criminal act that society has a problem. If the problem is not addressed, the society will descend into either anarchy (laws are not obeyed) or totalitarianism (laws are enforced with draconian punishments, regardless of the society's perception of their criminality...this is not complete description of totalitarianism, merely the part relevant to my current comment). Part of the solution to this problem is an open and public discussion of why said act should or should not be considered criminal.
      This is a discussion that the **AA doesn't want to have on copyright because they know that they would lose more than they they think they would gain. I believe that if the **AA (and other groups with similar interests) would enter into this discussion, the result would be shorter, reasonable copyright terms (20-50 years, probalby on the shorter side of that) and much greater respect of copyright by the general population (and greater disdain for those who violated it). However, you can't get the latter without the former and the **AA think that is price not worth paying. I, personally, think that they would be surprised by how much more money they would make under such a situation than they make currently.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    7. Re:Summary wrong by Anonymous Coward · · Score: 0

      Perhaps not a reasonable person, but a rational person would see that an immoral law could benefit them personally, and would still lobby for that immoral law.

    8. Re:Summary wrong by medv4380 · · Score: 1

      As interesting as what you have to say is. The definition of Crime and Criminal that you are giving are not in any dictionary that I have. You're also implying that the respondents of the survey actually gave the logical contradiction. This is unlikely and if it was asked in such a way would have resulted in massively biased data. It is more likely that the researcher giving the report summarized the data and wrote a poorly formed conclusion. We'd need to know what the respondents were asked to know what conclusion he should have come to, and I doubt it would be the same contradictory one.

    9. Re:Summary wrong by Schadrach · · Score: 1

      One would argue that driving on the opposite side of the road to other traffic causes harm, or at least excessive risk of causing harm, and accordingly one side had to be chosen, if only to keep everyone on the same page. That side being selected and encouraged accordingly makes driving on the other side cause harm, or an excessive risk of harm, which in and of itself should be considered immoral.

      Much like how to everyone short of MADD, "driving while impaired by an intoxicating substance" should be seen in the same "immoral by causing other excessive risk" logic, but "Received a result higher than 0.8 on a breath testing machine" without consideration for the condition of the machine, it's accuracy, or what it's even testing *for* probably shouldn't be.

    10. Re:Summary wrong by careysub · · Score: 1

      As far as I can see "uploaders don't think that what they're doing should be illegal", and "uploaders don't see what they're doing as immoral" are exactly the same. I cant think of any circumstances where a reasonable person would think that the law should be immoral.

      I'm going to give you the benefit of the doubt here - you could not possibly have thought this thing through to make such a statement.

      First off the premise already removes the possible idea that immorality derives from illegality, i.e.simply because a law was passed it becomes immoral to do a thing, since we are talking about what the law should be.

      Lots of things are illegal without being at all immoral - is it "immoral" to park on the left side of the street on Tuesdays due to street sweeping? More seriously, is consuming alcohol intrinsically immoral? It is illegal any many countries, and once was in the U.S.

      Lots of things are almost universally thought immoral without being illegal - adultery for one in most legal systems today.

      So how are they the same?

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
    11. Re:Summary wrong by Anonymous Coward · · Score: 0

      It's not immoral to drive over 65 mph on the freeway, but I can understand why it is illegal.

    12. Re:Summary wrong by DavidTC · · Score: 1

      If you want to define 'excessive risk of harm' as 'immoral', I'm all for that. In fact, that's how I define 'immoral'.

      However, that is not all that 'immoral' means, and some people's definition of 'immoral' doesn't appear to include it at all.

      Hence it's not a very good word to use when talking about 'why' laws exist.

      Especially WRT copyright law, as some people have apparently ingrained some sort of 'moral right' argument to copyright, and hence argue that it is immoral to copy stuff in and of itself.

      Of course, those people probably just then will manage to hallucinate that 'removing the ability to make money from something' is 'harm', so there's probably no helping such people.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    13. Re:Summary wrong by skydyr · · Score: 1

      The difference between your example and the issue at hand is that driving on the wrong side of the road is a civil infraction, as opposed to a crime like copyright infringement. The lack of moral standing for the side of the road one drives on is part of why it is considered so lightly, unless harm results. In addition, the rules of the road as a whole are pretty clear, as they can be summarized in a booklet of less than 100 pages with a lot of pretty pictures that every state distributes for free, while a thorough understanding of copyright often requires that one go to court, as fair use is a defense that must be established in court, and is not a clear subject.

    14. Re:Summary wrong by snadrus · · Score: 1

      People follow their morals. Laws that deviate from morals are often ignored, like the lists of anti-car laws the established stables pushed through. Nowadays they go after individuals where they could not back then.

      The morality of sharing comes from every common religion as well as a conclusion of many atheists (ex: FOSS establishment). Copyright has always been directly opposed to this. It was only introduced in the US to fulfill the constitutional clause "to promote science and the useful arts" as that is how Britian did so. Copyright should be repealed if shown to not meet that task.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    15. Re:Summary wrong by DavidTC · · Score: 1

      I believe you've mistaken me for someone who agrees with copyright law and needs convincing it needs changing. Nope. My stance would probably be considered 'more extreme' than anyone here, although I don't think it is.

      I think that copyright is dead. Not in the sense it doesn't function, but in the sense it is mortally wounded. Not the law, the entire concept of it.

      It was killed by the invention of a device that lets you instantly copy stuff with no work at all, and instantly distribute the stuff with no work at all.

      It's not a matter of the 'law', it's not a matter of 'fixing' it. You can't legislate that dead people walk around and arrest them when they don't. You can't wire electrodes to them, or attach a robotic exoskeleton to dead people to make them move. Well, strictly speaking, you probably could do those things, but they are not, in any way, useful to actually bring the dead back.

      All this discussion over it is some people see the death throes and think we need to give it more medicine and an expensive pacemaker and skin grafts (Not noticing it's missing its head.), and some people see the death throes and think we should restrain it before it hurts more people.

      I'm personally in the second camp, I don't like being slapped by it either, but fundamentally think it really doesn't matter.

      And notice this isn't some moral judgment on my part. I think copyright was useful, and I'm sorta worried that it's dead, and I don't know how we're going to function without it. But wishing it was still alive does not, in fact, make it still alive. Unless someone uninvents the internet and uninvents PCs, or at least rewinds them a decade, copyright cannot live.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    16. Re:Summary wrong by aztracker1 · · Score: 1

      Well supporting laws that say copyright owners can install spyware on your PC to make sure you aren't copying should be legal... Hell, why not release a couple of crappy programs, and a spyware app for each one.. then really slow down people's computers.

      --
      Michael J. Ryan - tracker1.info
    17. Re:Summary wrong by guyminuslife · · Score: 1

      I agree, but I think I wrote that poorly. What I meant to say was that "they don't see what they're doing as illegal" is a different statement from "they don't see what they're doing as immoral." And that the latter was the applicable clause.

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
  4. What about file shearing old games that are not fo by Joe+The+Dragon · · Score: 1

    What about file shearing old games that are not for sale anymore? and no used copy's on ebay does not count or even the old copy in the bargain bin at the store.

    That's not about the money it's about letting you find old stuff.

  5. No shit, Sherlock! by gman003 · · Score: 1

    What'll they realize next? That DRM pisses off the customers more than it prevents piracy? That using the courts to extract profit is going to backfire eventually? That water is wet?

  6. Re:What about file shearing old games that are not by Anonymous Coward · · Score: 0

    What about file shearing old games that are not for sale anymore?

    ...but might be sold again, for example http://en.wikipedia.org/wiki/Atari_Anthology

  7. Altruism = "Sticking it to the man"? by rjejr · · Score: 0

    Altruism, really? While I don't and never have believed in civilian piracy as being done for financial gain I really don't see it as being "altruistic" either. Unless you want to call climbing Mount Everst "because it's there" altruism.

    1. Re:Altruism = "Sticking it to the man"? by NuKe_MoNgOoSe · · Score: 1

      A lot of people approve of piracy because its a defence against price gouging, the cost of many things that are pirated are ridiculous. I always use the example that 10 years ago CD's used to cost me 29 bucks.. because of piracy and the effort of curbing internet file sharing the price of CD's has dropped dramatically to 7-12 bucks. I dunno im a odd bird.. I approve of the piracy of music (free no profit) but I dont when it comes to games and movies..

      --
      When you dislike the human race as much as I do, Karma:Bad is inevitable lol.
    2. Re:Altruism = "Sticking it to the man"? by langelgjm · · Score: 1
      I think it probably depends on the person and the circumstances. I doubt various scene groups are as interested in altruism as in competition and credit. But on the other hand I'm reminded of an article I read about sheet music this summer:

      I play the piano. Over the years, I have collected 15,000 piano scores in PDF form, covering about 400 years of classical keyboard works. It’s like lint in the drier of the Internet. Much of it is not available anywhere for purchase, or even findable in libraries for circulation. Max Reger’s arrangement for two pianos of Wagner’s overture, for instance? Well, the Max Reger Institute in Karlsruhe, Germany has a copy

      At the Van Cliburn piano competition, a couple years ago, I gave tiny thumb drives to some of the winners and said, “Enjoy.” Each thumb drive was smaller than my pinky but contained was the whole 15 GB trove. It blew their minds. Basically, every significant piano piece is in the pile.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    3. Re:Altruism = "Sticking it to the man"? by Anonymous Coward · · Score: 0

      I put a well known, at the time hard to get TV show up on The Pirate Bay. People commented and thanked me, and the torrents are still alive five years later. That makes me feel good. I'd do it again.

    4. Re:Altruism = "Sticking it to the man"? by Hatta · · Score: 1

      Back in the day, getting an album on tape and letting all your friends borrow it so they could copy it was an act of altruism. P2P is that, just more efficient.

      --
      Give me Classic Slashdot or give me death!
    5. Re:Altruism = "Sticking it to the man"? by IBBoard · · Score: 1

      Yeah, the only altruistic part seems to be "because I can" or "because it'll encourage people to share even more stuff so that I have more choice of stuff to illegally copy in future", neither of which is exactly altruistic. They might like to portray it as altruistic, but it is rather self-centred.

      Also, most of them won't be motivated by financial gain, but they are motivated by a lack of financial loss. The majority of file sharers probably illegally copy games and music because they "can't afford" to buy the game and so just take it because they can (there is no physical barrier/loss/presence that can be detected or otherwise make it *feel* like a crime compared to shop lifting). That way they get to enjoy the product and not pay for it either. Kerching!

    6. Re:Altruism = "Sticking it to the man"? by DavidTC · · Score: 1

      I think it probably depends on the person and the circumstances. I doubt various scene groups are as interested in altruism as in competition and credit.

      That's because they're in a gift economy, where prestige is gained by how much you give away.

      'altruism' is pretty much a meaningless term in a society like that.

      And I really mean 'meaningless', I am not attempting to say they aren't 'altruistic', I mean the word literally means nothing. How you show charity in such a society is to pretend the lesser gift they gave was better than the one you gave.

      Such societies tend to develop when there's almost no scarcity, but there is a little bit, so someone needs to go out and collect the stuff for people, and they get prestige for doing that and giving it away. But there's not enough scarcity to actually build a 'market' around that.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    7. Re:Altruism = "Sticking it to the man"? by SuricouRaven · · Score: 1

      Can anything ever be altuistic, under those definitions? If a person gives a substantial sum of money to a hospital, is it altuism, or just wanting to be admired? Even if the donation is anonymous, the donator still gets a reward for themselves in the smug feeling of moral superiority it brings.

    8. Re:Altruism = "Sticking it to the man"? by tompaulco · · Score: 1

      Altruism means being charitable. I don't think the word can apply here, because they are giving away something which is not theirs to give.

      --
      If you are not allowed to question your government then the government has answered your question.
    9. Re:Altruism = "Sticking it to the man"? by bzipitidoo · · Score: 1

      I see it as efficiency and growth. It is done for gain, but the "sales of units" kind that you appear to be thinking of is perhaps the least to be gained.

      Traditional distribution channels are very expensive compared to the Internet. Costs a lot of money to stamp plastic disks, and package them with artwork, physical protection against handling, anti-theft devices, and copy protection too. And then there's more expense to ship, store, and display all this. And to track and manage physical inventory. And yet more to dispose of all the waste material. Used to be a running joke how AOL was filling our landfills with disks.

      There's yet more cost with traditional distribution. Perhaps some users want to digitize the content, for entirely legit reasons. Scanning, OCR, the "analog hole", etc. are poor and costly seconds to having a perfect copy of a master. I expect that as the barriers fall, we'll see ever more creative uses, to the benefit of us all. Hard to guess what we may be missing out on. But a digital library is a start, and a huge one. No more being limited by the number of copies the library has, or stores being sold out thanks to initial runs being too limited, or hassling with book returns, late fees, and other relics of the physical.

      Why should we bear all these totally unnecessary costs, and put up with being denied the myriad benefits ranging from the obvious and immediate to the growth and flowering of our potential? Not for the sake of a broken business model! I envision the return of artistic endeavor to the public. Thanks to technology, artists can succeed without the big organizations. Consider Susan Boyle. It was the Internet that enabled the world to learn about her, faster than any of the traditional media could have managed, and despite any gatekeeping they might have wished to exercise. It's opened a lot of doors, which the entrenched interests have been fighting against for decades. Down with the cultural gatekeepers!

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    10. Re:Altruism = "Sticking it to the man"? by Reziac · · Score: 1

      "Such societies tend to develop when there's almost no scarcity, but there is a little bit, so someone needs to go out and collect the stuff for people, and they get prestige for doing that and giving it away. But there's not enough scarcity to actually build a 'market' around that."

      This reminds me of the economic liberal thought that one should take wealth and redistribute it. Trouble is, at present there isn't any unclaimed "wealth" left to go forth and collect, so they wind up stealing physical wealth (as taxes) from others.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    11. Re:Altruism = "Sticking it to the man"? by Tubal-Cain · · Score: 1

      ...because they are giving away something which is not theirs to give.

      They give Time.
      Movies need to be ripped and transcoded. Books need to be scanned for OCR (and proofread afterwards). TV episodes need to be DVR'd, and later gathered together into seasons. Sheet music needs to be played and recorded. Games need NoCD cracks.

    12. Re:Altruism = "Sticking it to the man"? by IBBoard · · Score: 1

      So you're comparing donation of large sums of money to organisations that actively improve the lives of people to the act of leaving a file in your BitTorrent share because you have the bandwidth and want to get more stuff in future? That's somewhat of a stretch, IMO.

    13. Re:Altruism = "Sticking it to the man"? by mcgrew · · Score: 1

      Yes, altruism, but not "sticking it to the man." I can give you something that cost nobody anything and do? That's altruism.

      Those downloading are "sticking it to the man", but downloading is legal, and if it weren't it would be impossible to catch. The uploaders are the altruists.

    14. Re:Altruism = "Sticking it to the man"? by SuricouRaven · · Score: 1

      It's a difference of scale. One is vastly bigger than the other, but that does not make them different.

    15. Re:Altruism = "Sticking it to the man"? by IBBoard · · Score: 1

      One has an obvious improving effect on the lives of people, the other is an optional extra that people like to have but which can be supplemented with alternatives (including versions that are legitimately acquired). I'll let you decide which is the hospital and which is the BitTorrented content.

      It's like saying donating a banquet to 1000+ homeless people for a month is the same as not finishing all of your meal in a restaurant - there's some similarities in terms of food and availability, but one has a huge and important benefit, the other is related but not important in the grand scheme of things.

  8. Joy.... by Dexter+Herbivore · · Score: 1

    this report brings back my joy in the saying, "Information wants to be free".

  9. Re:What about file shearing old games that are not by Dexter+Herbivore · · Score: 3, Funny

    What about file shearing old games...

    Old games depilate you????

  10. Movies by Anonymous Coward · · Score: 0

    At the beginning of every movie and the fast forward and skip disabled, there is a FBI warning about copyright.

    Which I look at and say, "Ooooooooo, I'm SOOOOO scared!"

    I then order my crew to take it and set sail.

    1. Re:Movies by netsavior · · Score: 2

      At the beginning of every movie and the fast forward and skip disabled, there is a FBI warning about copyright.

      That's why I rip all of my DVDs to straight video files and/or prefer downloaded movies. They don't have 10 minutes of unskippable commercials/warnings, some stupid menu that takes 60 seconds to load, then a bunch of stupid "extra features" that my kid can accidentally select instead of the movie.
      IMO if you watch a legit movie, you get a worse experience. I have downloaded movies which I own DVDs for, just because it was faster than ripping it myself, and I was tired of shitty dvd menus.

    2. Re:Movies by devent · · Score: 2

      Exactly. If I couldn't RIP my DVDs I wouldn't buy or watch any. In a time where we have 1TB hard disks for 50$ they are really expecting me to stand up to my shelf, search a DVD, insert the DVD to a DVD player, go through the menu to watch a movie? I just open my Videos folder with more then 100 movies, look through the RIPs and select a movie which I like to watch. I didn't even bother to convert the DVD RIP to a AVI file anymore.

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    3. Re:Movies by aztracker1 · · Score: 1

      Agreed.. the only pain for me is sometimes TV series DVDs, as they tend to do weird things with their file structure and it's hard to tell the episode info without watching a portion of each show on each disc... I've been doing some rips to .ISO, but that has the same disadvantages as the original. But it's an interim step as I will eventually rip just the episodes without extras.

      --
      Michael J. Ryan - tracker1.info
  11. Filesharing is a boon for some of us by Pojut · · Score: 2, Insightful

    ::begin self-plug::

    Filesharing is a boon for people like myself. I do some writing (nothing released to the public yet, although once it is it will all be distributed under a Creative Commons Attribution NonCommercial ShareAlike license) and also make some spacey-ambient and drone-type music. The music I make is freely available to all (both on Last.FM and in a torrent.) Since I care more about people hearing my music (and, in the future, reading my writing) rather than getting money for it, filesharing is perfect for me.

    I've got a donate button on my site, but even after I officially put my stuff up for "sale", I will continue to ensure it's available for free. I've gotten my fair share of music and writings for free...I feel like I should contribute something back, know what I mean? ::end self-plug::

    1. Re:Filesharing is a boon for some of us by IBBoard · · Score: 1

      That'd be the "other" definition of file sharing - the one that focuses on the technical aspects (sharing any file and leaving legality out of it) rather than the one that the big labels and media like that focuses on politics and the illegal aspects ;)

    2. Re:Filesharing is a boon for some of us by Reziac · · Score: 1

      And tho it proved not-my-thing, that download is why I recognise your nym today. I'm more likely to notice it in the future, via good old name-recognition, whether I'm actually interested in your product or not. That's what advertising is really about, for the most part.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:Filesharing is a boon for some of us by Anonymous Coward · · Score: 0

      Pojut, have you heard of Jamendo.com? That is where I got most of the music that's on my iPod, and it's all creative commons. I like it because I can listen/preview streaming, then download the whole album as a .zip file so I don't have to download each track individually. I only see one seeder on TPB (you?). NOTE: I haven't spent any time looking at the terms & conditions etc. for artists so check into that first.

    4. Re:Filesharing is a boon for some of us by Pojut · · Score: 1

      Thanks for the tip, I'll check it out!

      Currently, there's only one seeder (which, yes, is me!) There's a guy in Sweden and a gal in Ontario that occasionally seed it as well, but generally it's just me.

    5. Re:Filesharing is a boon for some of us by Vanderhoth · · Score: 1

      I like it.

      Some of your stuff I think would make great background music for a video game. Keep up the good work.

    6. Re:Filesharing is a boon for some of us by Pojut · · Score: 1

      Thanks!

  12. Oh, I am sure most... by PortHaven · · Score: 4, Insightful

    Oh, I am sure most file-sharers understand that it is illegal. The billions of $$$ that our government wastes on anti-piracy, and sending Homeland Security after them.

    But is it immoral? That is the real question. And most file-sharers do not feel it is immoral.

    --

    A large part of this is because we have been ripped off for decades by the music cartel (RIAA). Who has also been ripping off artists for even longer. When we're paying $15 for a $2 product and the artist is lucky to see a dollar. Somehow that cartel's claims that "we're stealing", fall on very deaf ears. And when we see lawsuits which fine someone $2.5 million for a few 99 cent songs - quite clearly in violation of the United States of America's Constitution. We lose any pity we might have for a corrupt industry whose business model is extinct. And if not for the fact that they have paid billions to buy off our government, would have been put out of business a decade ago.

    There is a feeling of justification...

    1. Re:Oh, I am sure most... by DerekLyons · · Score: 0, Troll

      There is a feeling of justification...

      No, that's *self* justification you're feeling. (It's kinda like masturbation, but cleaner and you can do it in public.) You've pulled some numbers out of your ass and invoked "won't somebody think of the children" (oops, artists), then followed it up with a flag waving appeal to the Constitution. Then you topped it off with a ritual "and their business model is broken too!".
       
      Almost totally fact free, and completely unrelated to the real world. It's the fantasy whine of an eight year old who is absolutely convinced he has done nothing wrong.

    2. Re:Oh, I am sure most... by penguin_dance · · Score: 1

      I wonder if they'd feel the same if they saw themselves taking the money directly away from the artist instead of a big nameless, faceless conglomerate music publisher? Not that the industry helps by coming down like a hammer on some grandma who's granddaughter used her computer. I also think a lot of piracy could have been avoided had the industry snapped up the customer base that wanted to be able to purchase single songs vs. an entire CD.

      I don't know how the artists feel, with a few notable exceptions. As I understand it, they make they're money more from concerts than putting out a new CD. They may (if a lesser known band) look on it as a way to get their music out and draw more people to their concert.

      As artists become more independent of the large publishing corporations, I don't know that that will change people's habits. I rather doubt it at this point once people get a taste for "free" songs, it's probably hard to get them to turn around and shell out $. Although, in a similar industry Stephen King reported that he has made $80K so far on his novella UR (written exclusively for the Kindle) that he did as an experiment in 2009.

      "I didn't do "Ur" for money. I did it because it was interesting. I'm fairly prolific. It took three days, and I've made about $80,000. You can't get that for short fiction from Playboy or anybody else. It's ridiculous."

      While certainly I'm sure they're are pirated versions floating around, it does show fans are willing to pay for an artist's work directly and is encouraging even for not as well known artists.

      --
      If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
    3. Re:Oh, I am sure most... by Anonymous Coward · · Score: 0

      So... you feel that their business model ISN'T outdated and is perfectly valid in today's world? Well shit, sounds like you should get into that business too then. Let me know how that works out for you.

    4. Re:Oh, I am sure most... by design1066 · · Score: 0

      Why is it that people like you expect an opinion posted on a forum to be researched and annotated like a freakin thesis is beyond me. Some things are simply true, like the "fact" that the music industry rips off artists. If your so smart you negative nancy prove him wrong.

    5. Re:Oh, I am sure most... by Anonymous Coward · · Score: 0

      There is a feeling of justification...

      I don't think you even need to go as far as looking at their lawsuits to feel justification.

      Take, for example, the *IAA argument that when I "buy" a disc that I don't own it, that I only have a license for the content. As deceptive as that is let us accept it on face value. So when I pay for my movie/concert ticket - which also gives me a license for content - why do I require a second license to get the same content on a disc?

      This is particularly perplexing when, in my jurisdiction, I am legally entitled to move content between media (aka "format shift") for private use;
          http://en.wikipedia.org/wiki/Australian_copyright_law#Copyright_Amendment_Act_2006

      And if they're different licenses then why are they the same price;
          http://www.screenaustralia.gov.au/gtp/wcboprices.html
          http://www.ezydvd.com.au/new_rel.zml

      And how do I show license certification for a given piece of content? I recently went through a storage box that included my first portable CD play and some discs in their retail sales bag with receipts that have completely faded (more than 7 years old) - how do I prove I have a valid license to that content?

      Ridiculous.

  13. Ghasp!!! ... by Anonymous Coward · · Score: 0

    The survey data suggested there was a deep-seated belief that this type of activity shouldn't be illegal, that there was no criminal act involved.

    Really?? Browsing one of the copyright/piracy related threads this forum would have revealed that startling fact years ago.

  14. Re:What about file shearing old games that are not by omnichad · · Score: 1

    And maybe that's the solution. There are some games so well loved that they will always be with us. But ALL video games will likely remain copyrighted for at least the next few dozen years. What we need is a regulation like you have for trademarks. Rather than actively using and actively defending your trademark, you just have to actively make the property available for sale if it's the kind of work that's for commercial sale. If it goes off the market in all forms for x years, then it loses copyright status. Or at the very least, becomes legal to copy.
     
    It would be tough wording it right, but there's a whole world out there of copyrighted content locked away behind publishers who see their properties as too unprofitable to sell. Digital distribution should put an end to that unprofitability - but console gaming would have to allow for first-class developers to release games without the restrictions of pressed discs or wii-ware.

  15. Re:What about file shearing old games that are not by X0563511 · · Score: 1

    Well, I don't think anyone would care nearly as much if you sheared copyrighted works.

    After all, you probably need to go buy another copy after you go about doing that!

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  16. Bingo. by metrix007 · · Score: 4, Interesting

    At the most it could be immoral, although sharing things for people who may not be able to afford it otherwise would hardly seem so.

    I paid to see about 3 movies in the cinema last year, and only two this year. The rest simply don't seem worthy of risking a $10 movie ticket, considering I don't have a disposable income.

    I downloaded about 100 over the last two years however, and got some enjoyment from them. I would not be able to pay for the DVD's, and rentals are not a realistic option for me.

    Likewise games. In the last 2 years I played Batman:Arkham Asylum which was horribly disappointing, MW2 which was fun but I finished it in about 5 hours, and don't care about multiplayer, Bioschock, which I thought was horribly overrated, Medal of Honor which was shorter than MW2, but without any redeeming features, and Fallout 3 and Fallout 3 NV. Out of those games the Fallout 3 games are the only ones I would pay for, but I still can't afford it. Even if I did pay for them, I would probably throw the game out, as the pirated versions are so much more convenient and bug free.

    Given how well the content industries are doing financially, all the hubbub against copyright infringers just smacks of greed, and nothing else.

    --
    If you ignore ACs because they are anonymous - you're an idiot.
    1. Re:Bingo. by Bieeanda · · Score: 1

      Dude, 'I'm poor, and I'm cheap, and I disagree with the claimed value of movie tickets, DVDs and games, so I download' starts out as a bad argument, but becomes downright farcical when you turn around and accuse entertainment producers of being greedy.

    2. Re:Bingo. by metrix007 · · Score: 1

      Not really. There is no harm done by me downloading things., and I am upfront about my reasons. There is an awful lot of harm caused by content owners whose only reason is greed, and they say otherwise. That's the distinction.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    3. Re:Bingo. by HeckRuler · · Score: 1

      Well you might not have any disposable income, but it looks like you sure as hell have some disposable time on your hands.

    4. Re:Bingo. by tompaulco · · Score: 1

      If people are too poor to afford music or entertainment then the proper thing for someone wishing to be charitable is to buy them a legal copy and give it to them.

      --
      If you are not allowed to question your government then the government has answered your question.
    5. Re:Bingo. by Huckabees · · Score: 1

      I'm not sure what fantasy world you're living in but in in a capitalist economy not buying things is harmful to the producers of said content. Everyone involved in the creation of a product is likely to feel some sort of effect if nobody buys said product. Whether it be immediate financial (as is the case with the giant pocketed investors who run the RIAA) or long term (as is likely the case with a game studio that churns out good games that nobody pays to see and everyone downloads so they eventually go out of business).

      Regardless of how broken or inflated the prices of entertainment is due to all the overhead, it's still stealing. That is a fact and a conscious decision on your part after evaluating the risk/reward of getting caught.

      If you still believe that there is no harm done in downloading things just imagine if everyone downloaded everything except for the best of the best? Sure the AAA films and games would still get supported but even Bethesda Software, the company that made the Fallout 3 games you said you'd support, depends on money from a producer, ZeniMax, to be able to pay salaries until the game is done. ZeniMax depends on investments paying off on their other studios that produce mostly shovelware phone and casual games to have the capital to invest in a AAA title.

    6. Re:Bingo. by Anonymous Coward · · Score: 0

      Why is this post marked interesting?

      The poster makes the same slew of useless, tired, excuses we've heard for ages. Lacking the ability to pay, does not entitle you to free use of the product. Perceived enjoyment of a product does not entitle you to free use of the product. The relative success of the "content industries" isn't justification for making copies of games you haven't bought.

      You have a multitude of options available to enjoy content that you aren't willing to pay a very small (and fair) fee for. At the very least, be honest and consistent about pirating media instead of plying these tired excuses.

      Just off the top of my head:

      Hulu - Free, new content
      Netflix - $8.99 a month w/ unlimited streaming.
      Redbox $1.00 movie rentals and $2.00 game rentals. Your $10 movie ticket becomes 10 movie rentals or 5 game rentals.
      Libraries - Free, everything (including movies/games)
      Older games - Tons of great PS2 games are available for pennies on ebay, pawn shops, used bookstores, etc.

      If things are so tight, maybe it's time to sell the game system or video card. I am actually curious about one thing however. If you're finding out more often than not that the products in the industry are shit, why do you keep watching/playing them?

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

      It seems like there's a lot of people who don't realize a legal and free way to get movies to watch, as well as music to listen to and books to read... the library.

    8. Re:Bingo. by Anonymous Coward · · Score: 0

      You aren't willing to pay the cost of a movie ticket, and you accuse the movie industry of being greedy? Talk about a disconnect...

    9. Re:Bingo. by Blakey+Rat · · Score: 1

      Given how well the content industries are doing financially, all the hubbub against copyright infringers just smacks of greed, and nothing else.

      Yes, you're pirating the movies and games, and *they're* the greedy ones.

      How do you hold these two ideas in your head without it exploding? Either being greedy is bad, in which case you're just as bad as those media companies you hate, or being greedy is good and you should be cheering on the media companies.

    10. Re:Bingo. by kevinNCSU · · Score: 1

      Out of curiosity why do you believe you are entitled to the works without compensating the authors by any means? Specifically the works that you decided were good enough to pay for but that you're not going to anyways like Fallout 3. Is there really logic here beyond I want free stuff? I don't think your a terrible person if you do, it'd actually be refreshing to hear someone say it for once other than going through contortions trying to rationalize it behind some moral veneer.

    11. Re:Bingo. by metrix007 · · Score: 1

      a) I talked specifically about people who could/would not buy the content in the first palce, not people who were just cheap. b) It is not stealing, at all.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    12. Re:Bingo. by metrix007 · · Score: 1

      It isn't so much a sense of entitlement, as knowing that making one more digital copy won't hurt the authors of the work. I guess it is no worse in my mind of taking a photo of a peice of art instead of buying a postcard from the giftshop. Currently, I simply can't pay for Fallout 3, If I had more income, then I would pay for it and probably not use the purchased product at all, due to securom and similar crap.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    13. Re:Bingo. by Anonymous Coward · · Score: 0

      Out of those games the Fallout 3 games are the only ones I would pay for, but I still can't afford it.

      And yet you were able to pay for the computer that it ran on.

    14. Re:Bingo. by Anonymous Coward · · Score: 0

      ...If you're finding out more often than not that the products in the industry are shit, why do you keep watching/playing them?

      From TFA:
      "Their main motivation was that they were seeking notoriety, peer recognition, peer esteem, some sort of feeling of getting one over on the system."

      Sounds to me like he could have interviewed the GP poster!

    15. Re:Bingo. by srvivn21 · · Score: 1

      ...

      Likewise games. In the last 2 years I played Batman:Arkham Asylum which was horribly disappointing...

      Out of curiosity, was Batman disappointing because you couldn't glide?

      Even if I did pay for them, I would probably throw the game out, as the pirated versions are so much more convenient and bug free.

      Perhaps not in this case.

    16. Re:Bingo. by Kalriath · · Score: 1

      I think you're lying.

      There's no such thing as a bug free copy of Fallout 3.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    17. Re:Bingo. by metrix007 · · Score: 1

      Batman was disappointing because ti was short and repetitive, and the storyline was boring. I could glide fine in my pirated version.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
  17. Altruism? by srussia · · Score: 1

    All human action is, by definition, motivated by self-interest. Now then, what a person deems desirable can be anything--this can be a sense of satisfaction from perceived selflessness or even masochistic suffering. Indeed, the only criterion for voluntary exchange is the ex ante prospect of mutual subjective gain. After all, one voluntarily gives up only what one values less that the thing received in exchange.

    --
    Set your phasers on "funky"!
    1. Re:Altruism? by Anonymous Coward · · Score: 0

      uhh what definition would that be besides the one in your head?

    2. Re:Altruism? by HeckRuler · · Score: 1

      All human action is, by definition, motivated by self-interest.

      Sorry, but no. "Human action" carries with it no definition about whose interest it is in. It's simply actions by humans.
      What you're getting at is the philosophical perspective that altruism doesn't really exist. BUT, what you're actually doing there is simply redefining altruism, from "selfless actions" to "actions that appear selfless, but I get a kick out of them anyway".

      And I'd have to agree with you. I don't think anybody really does anything selflessly. Although I have to point out that I can very easily assign a zero value to... uh, whatever, so that any value at all in exchange is a net gain for me. And then there is the ludicrously deferred value, like when I help out society in general so that my children will benefit from it.

    3. Re:Altruism? by mcgrew · · Score: 1

      All human action is, by definition, motivated by self-interest.

      Incorrect. We are a social species, and want others to be happy. At least, those of us who don't have mental disorders.

      Making others feel good makes us feel good, yes, but your post seems to say that altruism doesn't exist, when it clearly does. Our species would likely have become extinct if it wasn't true that all but a few of us are intrinsicly altruistic.

    4. Re:Altruism? by k8to · · Score: 1

      All human action is, by definition, motivated by self-interest.

      No. This is not true by definition. You might be able to make a case for it, but there's plenty of evidence that there are other motivators. Some people try to make torturous arguments for equivalency of interest in the welfare of others etc being really an equivalency of self-interest, but this argument is typically not supported by anything other than assertion, as yours is.

      There are obvious counterexamples. People sometimes act in manners that are self-destructive. That is, counter to their own interests. You could try to claim that their "interest" is counter to their own interests, but at this point your words have pretty much wandered off into their own private meaning that has almost no common ground with normal english.

      In other words, this chestnut is dumb, and wrong.

      --
      -josh
  18. Who are the readers? by billyswong · · Score: 1

    I think most of us who come here know this already. It's an almost-established fact among this field. My concern on this interview is, who else will also read this? Are there anybody that previously don't know that will gain this knowledge? Are there any effect on them? I have not much confidence that those people in power may read Information Economics and Policy and rethink what they are doing right now seriously.

  19. You wouldn't steal a baby by metrix007 · · Score: 2

    Unlike XKCD, this IT crowd clip is actually obligatory.

    --
    If you ignore ACs because they are anonymous - you're an idiot.
    1. Re:You wouldn't steal a baby by chemicaldave · · Score: 5, Funny
      My favorite from their ads is the line "You wouldn't steal a car."

      Fuck you. If I could download it I would.

    2. Re:You wouldn't steal a baby by Anonymous Coward · · Score: 0

      Better yet, if I could replicate my car and hand out cars to anyone else who wants one, you bet I would!

    3. Re:You wouldn't steal a baby by johnny0099 · · Score: 1

      Thanks, that was awesome.

      Now where did I leave my 3D printer...

      --
      Get your dogma outta my yard!
    4. Re:You wouldn't steal a baby by Anonymous Coward · · Score: 0

      The way l see it, sharing a free sit in your car or your spare bedroom with other people is one great way to be "altruistic".
      Actually when I was younger it was considered common sense here.
       

    5. Re:You wouldn't steal a baby by Anonymous Coward · · Score: 0

      My favorite from their ads is the line "You wouldn't steal a car."

      Fuck you. If I could download it I would.

      me too

    6. Re:You wouldn't steal a baby by Anonymous Coward · · Score: 0

      You wouldn't shoot a policeman, and then steal his helmet. You wouldn't go to the toilet in his helmet, and then send it to the policeman's grieving widow... and THEN steal it AGAIN!

  20. Still trivialising the issue by Grumbleduke · · Score: 4, Interesting

    While there was some interesting thoughts here (although nothing particularly new), I think he still makes one of the funamental mistakes the copyright industry pushes for;

    For the leechers, pretty obviously, the major motivation was financial. They wanted to acquire music or films without paying for it because it was cheaper than going out to buy it.

    He is willing to accept that seeders might not be only interested in financial gain, but fails to consider that this might also be the case for some leechers (as other studies and real-world situations have suggested). The greater convenience of pirated media over a licensed version can be enormous. For example, there have been cases where material has been offered on a "pay-what-you-want-but-pay-something" basis and yes people still pirated the content; showing that there is a disproportionate difference between paying $0.01 (or £0.01) and not paying. For some this might be some principle of not paying and being cheap, but for others this may well be an issue of convenience.

    As for the "pretty obviously" part, whenever someone states that something is obvious I recall something my analysis tutor said; "if someone is obvious, prove it; either it is obvious, in which case it won't take long, or it may turn out to be obvious, but untrue." Obviously this was in maths, which has much higher levels of proof, but it does seem that calling something "obvious" is a way of dismissing the converse without proper consideration.

    The survey data suggested there was a deep-seated belief that this type of activity shouldn’t be illegal, that there was no criminal act involved.

    Also, it is worth noting that in the UK there isn't necessarily any criminal act involved with unlawful file-sharing. Our copyright law is based on civil lawsuits and "actual damages", provided one avoids infringing in the course of business. Of course, this hasn't stopped the copyright industry from twisting our fraud laws to prosecute (unsuccessfully, in general) and persecute those allegedly involved in copyright infringement.

    1. Re:Still trivialising the issue by mehrotra.akash · · Score: 2

      theres also the issue of people not having a way to pay even a token amount..
      for example, I have no way to purchase anything from outside India online, as I dont have a credit card, so for many things the choice is pirate or dont get it.
      Similarly, movies(eg: the Saw series) are often not released here, and TV shows (BBT,etc..) are often many seasons behind here, so torrents it is.

    2. Re:Still trivialising the issue by Anonymous Coward · · Score: 0

      I live in Argentina and I really want to ask Sony if they just want me to mod my PS3 to play pirated games as it wont take any of the credit cards Steam so willfully accepts.

  21. Re:What about file shearing old games that are not by IBBoard · · Score: 1

    and no used copy's on ebay does not count or even the old copy in the bargain bin at the store.

    Why don't they count? Surely they're still available if you can pick them up in a bargain bin?

  22. Don't Copy that Floppy by khr · · Score: 1

    A shrink-wrapped software company I used to work for (and is long out of business) had a big poster on the wall of the office from the SPA with "Don't Copy that Floppy" on it.

  23. Even worse by Mathinker · · Score: 1

    > You can be punished whether or not you distribute copies of a copyrighted work for financial gain.

    Even worse, my understanding is that you are liable even if you had no knowledge that you were infringing. This is based on something posted by another Slashdotter, who pointed out that copyright infringement is a special kind of tort (I think it was a statutory tort), and that means that there is no defense based on not having the intention to infringe.

    This puts your average citizen in the situation where countless things he does every day might end up costing him up to $150K in court (or paying O($1K) to settle out of court). Considering that copyright law is obtuse ("Patry on Copyright" runs 5,500 pages and sells for over $1K), it's clear that something is wrong. See the paper (PDF) "Infringement Nation" by John Tehranian.

  24. This just in... by MrNemesis · · Score: 2

    ...from the findings-obvious-to-the-lay-person-but-will-be-routinely-ignored-by-big-content-even-if-proven dept: dehydrated water still a long way from market feasibility.

    --
    Moderation Total: -1 Troll, +3 Goat
    1. Re:This just in... by L4t3r4lu5 · · Score: 1

      Not at all! There's a free amount in every receptacle you ever purchase.

      Just add water to rehydrate :)

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  25. Not illegal by Anonymous Coward · · Score: 0

    I grew up with cassette players with high speed dubbing and that was how I got all my tapes, napster came around and replaced that. Nobody acted like it was illegal when it was new, stories came out everywhere on how to download music, nobody had warnings that I shouldn't do it. I have been brainwashed into thinking that sharing music and other stuff is normal, I can't be held accountable.

    Does that sound like a valid defense? :)

  26. Buh but it's INFRINGING, not STEALING! by AmazingRuss · · Score: 4, Funny

    So it's ok.

    1. Re:Buh but it's INFRINGING, not STEALING! by Anonymous Coward · · Score: 0

      Eh, just give it a day or two, that'll all be forgotten and we'll be wailing and screaming at the next minor GPL violation that comes up. You know, the license that depends on copyrights to work? Where we get to play the Bad Guys(tm) by depending on an outdated copyright system? But it's okay when we do it because programmers are all innocent angels and upstanding citizens and never do anything wrong.

      The real opinion here is "But but but they're BIGGER than I am! So I'm automatically RIGHT!".

    2. Re:Buh but it's INFRINGING, not STEALING! by Anonymous Coward · · Score: 0

      Eh, just give it a day or two, that'll all be forgotten and we'll be wailing and screaming at the next minor GPL violation that comes up. You know, the license that depends on copyrights to work? Where we get to play the Bad Guys(tm) by depending on an outdated copyright system?

      The license which only exists because of the outdated copyright system? Which would not need to exist and will happily disappear the moment the copyright system does?

      Yeah.

  27. The Ethical Visions of Copyright Law by Mathinker · · Score: 1

    There are many ideas about what copyright is, or should be.

    A paper by James Grimmelmann, The Ethical Visions of Copyright Law addresses this (found via his website The Laboratorium).

  28. For some it is by Moraelin · · Score: 1

    For some it is. Just look at the chunk of the USA right wing that I like to call the Cult Of Psychopathy. The kind for whom everything is measured in money, is only motivated by money, justified by money (at least judging by the "but it makes money for the investors!!!" argument as trumping any other moral consideration and verily being the line that separates good from evil), etc. And for whom any kind of social arrangement that isn't defined by even sending each other a bill for calling the cops when you see the neighbour's home being broken in, is either some kind of oppressive statism, some godless nazi-communist-fascist threat (don't ask them to actually know what "nazi", "communism" or "fascism" actually are,) or both.

    I'll bet that for some the thought of people doing _anything_ without sending someone a bill, is surprising as heck, scary as heck, or both.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:For some it is by Requiem18th · · Score: 1

      Indeed, watch this rant
      http://youtu.be/mj5IV23g-fE

      I understand his stance on not giving anything to the studios for nothing but this part:

      "I get so angry about all this because you're undercut by all the amateurs - the amateurs [are ]who make it though for the professional because when you act professional- these people are so used to getting it for nothing... and for mooching... and for being able to pass off his bullshit"

      This is just... I can't find the expression, but he is simply angry that he has got competency, the amateurs aren't doing any favor to him undercutting him but he isn't doing any favor to the amateurs overshadowing them with his long reputation. The amateurs are just adjusting their prices to reflect that there are people there well entrenched in the industry who undercuts *them*.

      Complaining about the free creations of others is just egoist. ...butthurt, is that the expression? English is not my native language.

      --
      But... the future refused to change.
  29. Fine Line by Anonymous Coward · · Score: 1

    Libraries aren't illegal, but e-Libraries are.

  30. More Like This by Greyfox · · Score: 1
    Create and distribute your own work on your own terms. I'd really like to see more people do that. The RIAA would be quite happy if an "unfortunate side-effect" of copyright control laws made it impossible for individuals to publish their own work on the Internet. I'd sooner drop my $10 on some songs from a garage band in Japan than on the RIAA's latest pre-packaged autotuned turd.

    On the flip side of that coin (Because I love exploring those) what would you do if someone swiped your music off your web site and started selling it as their own? I've actually seen that happen to a couple of artist friends in the past. Actually some magazine was doing that just recently, too...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:More Like This by Pojut · · Score: 2

      On the flip side of that coin (Because I love exploring those) what would you do if someone swiped your music off your web site and started selling it as their own? I've actually seen that happen to a couple of artist friends in the past. Actually some magazine was doing that just recently, too...

      Honestly? I'd be flattered that someone liked it enough to think there was money to be made in selling it under their own name, but on the other hand I'd feel a little betrayed that they were making money off something I intended to be given away freely.

      I would likely ask them to at the very least attach my name to it (attribution and all that), but I don't think I would necessarily threaten them with legal action if they didn't stop selling it. I'd ask them to stop, sure...but that'd be as far as I went.

      Like I said, my interest is mostly limited to people hearing it...there isn't much in the way of drone and spacey-ambient out there, so I'm just doing what I can to help the culture expand.

  31. Not just altruism by russotto · · Score: 1

    Their main motivation was that they were seeking notoriety, peer recognition, peer esteem, some sort of feeling of getting one over on the system. It was a much richer tapestry of different things contributing to the decision to go ahead and make the content available

    While I think "sticking it to The Man" is a fine motivation, particularly when The Man is Jack Valenti's zombie, I don't think it's what most people describe as altruism.

  32. This isn't altruism by edremy · · Score: 4, Insightful
    Altruism is giving something of yourself. If I write a kickass piece of software or a great song, or a novel and give it away under a GPL or CC license for the rest of the world, that's altruism.

    Giving away something that somebody else made and who presumably doesn't want it given away (otherwise they would have done so) is *not* altruism. You can argue theft, copyright infringement, whatever, but it is in no way comparable.

    --
    "Seven Deadly Sins? I thought it was a to-do list!"
    1. Re:This isn't altruism by VShael · · Score: 4, Informative

      They are giving their time, CPU cycles and bandwidth, altruistically.

    2. Re:This isn't altruism by Anonymous Coward · · Score: 0

      You are giving away someting: your computer time and ISP upload bandwidth.

    3. Re:This isn't altruism by Aceticon · · Score: 2

      So you don't tell any jokes to your friends right?
      Unless you make them up yourself, you would be telling somebody else's jokes and they might not want you to do so - can't risk your buddies having a laugh from somebody else's hard work.

      Also, I bet you don't share any cooking recipes: after all, somebody went to the trouble of making that recipe and they might not wish you to give it to others.

      Sharing cool ideas you heard/read somewhere? Nope
      Sharing fashion tips? Nope
      Sharing professional advice you heard/read from others? Not unless you have their permission.
      Talking about the cool show you saw on TV yesterday? Nope, its copyrighted: can't risk giving away the story (which is also copyrighted) - its hard work staying within the confines of fair use: better stay on the safe side and not say anything about it.

      You do understand that copyright law would theoretically affect most of those things I listed above (but in meatspace there's usually nobody watching people for sharing copyrighted jokes - but there are online). Please explain to me how exactly is immoral to do any of the above.

    4. Re:This isn't altruism by Anonymous Coward · · Score: 0

      I'm giving away upload bandwidth. which is mine to give.

    5. Re:This isn't altruism by HeckRuler · · Score: 2

      And they're running the risk, however slight, of being sued into oblivion.

    6. Re:This isn't altruism by city · · Score: 1

      I consider a torrent seed file a kickass piece of software.

      --
      I am a v1ral sig. Plse c0py me and h3lp me spread. Thank y0u?
    7. Re:This isn't altruism by religious+freak · · Score: 0

      You've got to be fucking kidding me. Are you seriously considering yourselves to be altruistic? Seriously? No, you're not altruistic, you're stealing what another person has made.

      If you put value on something as nearly free as CPU cycles and bandwidth, how can you state that something which took many people time to create (movies, songs, etc) is ok to forcibly give away for free, against the wishes of the creators? That is the abso-fuckin-lute height of hypocrisy if you ask me.

      Jesus, I at least have some respect for those that say, "yeah, I'm stealing it. But fuck those guys. I'm broke". Altruistic? - give me a break.

      --
      If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
    8. Re:This isn't altruism by GreatBunzinni · · Score: 1

      You are wrong. The definition of "altruism" doesn't imply anything regarding the good and/or service which is being given by someone. Altruism refers only to the motivation of those who provide the goods/services. From the dictionary:

      altruism /æltruzm/ Show Spelled[al-troo-iz-uhm]
      –noun
      1.
      the principle or practice of unselfish concern for or devotion to the welfare of others ( opposed to egoism).

      So, it doesn't matter if a specific good was purchased by you or stolen from a sickly little old lady. If you give that good to someone in an unselfish manner and not wanting anything in return then, by definition, that is altruism. That includes making specific albums available for others to freely download from you.

      --
      Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
    9. Re:This isn't altruism by macragge · · Score: 1

      They are also taking the time to curate the collection of media that they're sharing.

      If one were to volunteer at their local brick and mortar library, would they not be acting altruistically? Was Andrew Carnegie a thief for helping fund the creation of 2,509 public libraries? I’m sure that many publishers would prefer that their media not be freely available at these libraries.

      http://en.wikipedia.org/wiki/Carnegie_library

    10. Re:This isn't altruism by Anonymous Coward · · Score: 0

      If you put value on something as nearly free as CPU cycles and bandwidth, how can you state that something which took many people time to create (movies, songs, etc) is ok to forcibly give away for free, against the wishes of the creators? That is the abso-fuckin-lute height of hypocrisy if you ask me.

      If you put value on something of as nearly free as the act of duplicating a lump of bits from a master copy to a piece of plastic...

      Yeah, try an argument that doesn't internally contradict itself. If the effort that created the work is already done (the work is finished) then the work has already been paid for; reclaiming the initial investment after the fact is just that, nothing more.

      Altruistic? - give me a break.

      You have something that other people do not, you give some of it to other people without asking for anything in return. You may need a dictionary.

      Whether or not you consider it wrong to violate the contract of "thou shalt not copy" doesn't change the definition of the word.

      Jesus, I at least have some respect for those that say, "yeah, I'm stealing it. But fuck those guys. I'm broke"

      You want to know what's funny? Downloading a copy isn't illegal. Copyright only controls distribution (the making of copies), the person owning the server who hands out copies is the one violating the copyright, the person receiving the copy is unaffected.

      The RIAA know this, better than you do apparently, since all their suits have been "making available" lawsuits (ie. uploading).

    11. Re:This isn't altruism by religious+freak · · Score: 1

      If you put value on something of as nearly free as the act of duplicating a lump of bits from a master copy to a piece of plastic...

      You are confusing R&D/Production costs with marginal production costs. Yes, of course it's cheap to produce copies. That doesn't mean movies or songs appear out of thin air. Judging by your post, you're not an idiot, so you know that. You are doing mental gymnastics to support your hypothesis. At least be honest with yourself. If everyone copies, how will new material be produced with the budgets and quality we're used to experiencing today?

      You have something that other people do not, you give some of it to other people without asking for anything in return. You may need a dictionary.

      Ok, yes. I concede that in the very strictest, pedantic definition of the word you are indeed correct. Yet, there is a certain (deserved) connotation to altruism. Conveniently providing a nearly free resource does not live up to the conversational connotation the word "altruism" usually enjoys. But if you want to split hairs, fine. You win.

      You want to know what's funny? Downloading a copy isn't illegal. [snip] The RIAA know this, better than you do apparently, since all their suits have been "making available" lawsuits (ie. uploading).

      You are right, I didn't know this. Thanks

      --
      If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
    12. Re:This isn't altruism by cavebison · · Score: 1

      Why hasn't anyone mentioned the obvious: social dynamics and kickbacks?

      There's more to it than altruism, justification and rebellion. There are very direct social and economical rewards for file sharing in various ways. For example, with torrents, you get so frustrated if there aren't enough seeds for the things you want, you tend to feel you should seed stuff more. And you feel grateful to those who seed. On the purely selfish side, when using file hosts (rapidshare, hotfile, etc) there are rewards you get for others downloading what you upload.

      I think file sharing, like information/advice sharing on forums, is a wonderful expression of human altruism - doing things for others. Personally I don't really believe in 100% pure altruism (thinking evolutionarily) but who cares. It is what it is, and it'll never disappear.

      Just because something goes against some artificially created economic rule it's seen as immoral? I don't think people who share files put much stock in that logic either. Capitalism, as we see it today, so obviously views moral and social responsibility as an impediment to progress that for them to raise the issue here is only laughable, and so we carry on as usual.

      The attitudes behind file sharing are a direct product of what capitalism has fostered; as much separation between consumers and the creators of value, so that everyone in between can get rich. If file sharers only think they're stealing from the middle-men, who's to blame them? I doubt, however, they would pirate CDs of their town's local bands - partly as a moral decision, partly because they're $5 instead of $30.

    13. Re:This isn't altruism by cavebison · · Score: 1

      Oh, and money DOES motivate file sharers. They're getting something for nothing.

      They know *that* is wrong. Obviously one should pay *something* for music for a movie. But information, being digital, copyable, has therefore been democratised. We all know what a movie is worth to us, and we will *gladly* pay what it's worth. The problem is, there is little avenue to do so. Either get shafted or copy the thing. Easy choice.

      I see it as a good thing. Collectively, people are making the statement that moguls are making too much money, and a lot of what they pass as entertainment is complete rubbish anyway and deserves to be devalued a few notches. Good on them I say. Nobody wants to see movies grossing stupendous amounts of money while hearing about "Hollywood accounting" and how artists aren't being paid their due. Is that moral?

      So go, you big red file sharers. It's a statement in the making.

  33. TFS is subtly misleading by shutdown+-p+now · · Score: 3, Insightful

    The very first sentence:

    File-sharers aren't motivated by financial gain, but by altruism

    is overly generic. In practice, here's what TFA says:

    For the leechers, pretty obviously, the major motivation was financial. They wanted to acquire music or films without paying for it because it was cheaper than going out to buy it.

    What was interesting was the difference with the seeders, and it was quite apparent that financial motivations were nowhere near as prevelant; it was a kind of altruism.

    So it only applies to those who deliberately upload.

    1. Re:TFS is subtly misleading by gsslay · · Score: 1

      The seeders are as motivated by greed as any of the leechers. They too want stuff without paying. The only difference is that they see the bigger picture, and realise that someone has to upload the content if the free-for-all is to continue. If no-one provides, no-one gets anything, and that includes them.

      Which is, of course, the height of irony, since the ultimate ones really providing the content are the original creators. The ones the seeders are ripping off. But I guess their "altrusim" can't see that far.

    2. Re:TFS is subtly misleading by Sirusjr · · Score: 1

      Well for every new release posted there are a ton of out of print albums posted or albums that are expensive imports. If somehow media companies would provide better audio samples for new releases we wouldn't have so many people who feel they need to send samples to friends to help them decide if it is any good. 90% of the time people I know download not so much to save buying anything but to avoid buying stuff that turns out to be shit. Before the internet, it was common to buy stuff based on friend's recommendations and familiarity with the artist but people now want to expand their horizons and try before they buy. And if the only thing stopping them from doing so is a threat of a low probability of getting sued for downloading, they do it in a heartbeat. Sure there are people out there who don't want to buy ANYTHING but give them a year or two of downloading stuff and they will realize that they should support the creators and will eventually do so when they have money. Every person I know who now buys as much as they can afford used to download indiscriminately and eventually wised up and decided to start buying the content. Then we would instead have filesharing limited to the stuff that is hard to buy new and/or sold out completely and only available on the secondary market. This material should be shared freely because it is better to download it for free than pay far more than retail price for it.

    3. Re:TFS is subtly misleading by Anonymous Coward · · Score: 0

      I dled Metalica's discography and seeded up to a 75:1 ratio out of spite once.

    4. Re:TFS is subtly misleading by Kalriath · · Score: 1

      Actually, I think the really ironic part is they miss the really big picture - they don't realise that someone has to produce the content if the free-for-all is to continue, If no-one produces, then no one gets anything, and that includes the legitimate consumers who aren't selfish gits.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  34. For me, it's not money OR altruism by Anonymous Coward · · Score: 1

    File sharing is caused by DRM. Pirates' files work; discs and services don't. I'm not out to help anyone else (though I'll seed at least to 1.0, but that's a matter of ethics, not altruism), and I don't mind paying, but I sure as fuck mind paying and then getting something that I can't play. Let someone else worry about the headaches of DRM, whether it's reading a Blu-Ray or getting a PVR to work with a cable TV service. One person deals with the bullshit and a million people benefit from that work. It's about efficiency.

    1. Re:For me, it's not money OR altruism by Anonymous Coward · · Score: 0

      A cute rationalization, but ultimately wrong. Unauthorized filesharing predates DRM by several years. DRM is, in fact, a response to unauthorized filesharing as distributors lose faith in copyright alone to duly protect their works from being copied without authorization.

      You were aware that computers were being used to infringe on copyright quite a long time before the internet, right?

  35. By coinkydink... by meburke · · Score: 1

    I just read a book by Daniel Pink called, "Drive" where he says that much of our behavior is a result of "intrinsic" rewards. Light reading, good info.

    --
    "The mind works quicker than you think!"
  36. I think that... by Anonymous Coward · · Score: 0

    ... people who believe it should not be illegal are not looking at the big picture. They fail to see how their actions are harming the copyright holder.

    Truthfully, they are not. No single act of infringement ever really seriously harms the copyright holder, often even if the act is done for financial gain. It is ongoing and continual infringement that poses a problem because it can threaten to undermine the copyright holder's own distribution facilities, not only preventing them from being possibly paid duly for the work, but it also undermines the authorized distributor's reputation, much the same way as elevated crime levels in a neighborhood can undermine the reputation of law enforcement in the eyes of a community who has growing concerns about the lack of safety in their area.

    Ultimately, what happens is that the copyright holder starts losing trust in the ability for copyright alone to duly protect their work as it ought, and finds themselves compelled to rely on additional means to protect their interests - which we are already seeing today, with forms of copy protection and DRM, which often alienate the consumer.

    And that is who, in the end, gets hurt the most by piracy - the public. People who share copyrighted works that they have only been legally afforded to make in the first place under the assumption that they were not going to actually end up infringing on copyright hurt everybody around them... they simply lack either the awareness of it or the willingness to believe it.

  37. Uploaders are not motivated by money, nor altruism by Damon+Tog · · Score: 1

    Uploaders are not motivated by money, nor altruism.

    They are motivated by the social status boost conferred to those who are prolific leakers.

  38. Dude, weren't you 15 at one point ? by aepervius · · Score: 1

    Or did you jump from 0 year old to 21 year old full aware of all law and implication ? Many 16 year old actually don't even KNOW that sharing is illegal. Heck long ago when I told somebody of my middle school that mass replicating K7 and giving them to friends is illegal, they panicked and destroyed the K7. No kidding. try to place yourself in otehr people shoe, and you will realize that SOME people can very well not know sharing is illegal, without having their head in sand.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Dude, weren't you 15 at one point ? by Skarecrow77 · · Score: 1

      Yes they do. As others have pointed out the RIAA/MPAA have made it VERY obvious that it's illegal. It's the same as them "not knowing" that cigarettes are bad for you. How did you miss the infomercials? You knew, you just thought it didn't matter.

      I was into the warez scene when I was 14 and I damn right knew it was illegal. I just didn't care.

      There's a big difference between not knowing and not caring. "Kids" just don't care because they have the "I'm impervious to harm" mentality.

    2. Re:Dude, weren't you 15 at one point ? by gnasher719 · · Score: 1

      Or did you jump from 0 year old to 21 year old full aware of all law and implication ? Many 16 year old actually don't even KNOW that sharing is illegal. Heck long ago when I told somebody of my middle school that mass replicating K7 and giving them to friends is illegal, they panicked and destroyed the K7. No kidding. try to place yourself in otehr people shoe, and you will realize that SOME people can very well not know sharing is illegal, without having their head in sand.

      I know people who believe quite strongly that you shouldn't steal anything, and if someone produces goods, they should be paid for it. But they don't see the music as the thing that is "produced", but the CD. So if someone burns a CD with some music, to them the person burning the CD is the one who "produced" it.

    3. Re:Dude, weren't you 15 at one point ? by Pentium100 · · Score: 1

      Yes, after all, the music is produced only once but there are a lot of CDs made. For every CD you need some plastic, some aluminium, work to actually make the CD etc. The cost of recording of music, just like the cost of the machines to make the CD or the factory building should be fixed, so the more CDs you make, the smaller part of the price is the cost of recording.

      The musician spent a few hours recording the song, should he be paid millions for the hour that he actually worked?

    4. Re:Dude, weren't you 15 at one point ? by Anonymous Coward · · Score: 0

      In which case you know some utter morons. Find new friends, ideally with more than three brain cells.

  39. Re:What about file shearing old games that are not by king+neckbeard · · Score: 1

    It'll be far more than dozen years. Under current US laws, Pong will remain covered by copyright until around 2067, and that's for the original arcade version. Any port of it will have some minor changes, and thus the copyright will be longer. We do need better laws for orphan works, though, and 'life of the author' copyright terms should be exposed for the racist (and many other forms of prejudice) bullshit it is.

    --
    This is my signature. There are many like it, but this one is mine.
  40. Maybe they are motivated by common sense by kurt555gs · · Score: 1

    I can understand taking some one's copyrighted works and selling it as a counterfeit being illegal and just morally wrong. That, is stealing. I do not buy into the argument perpetrated by the BSA and **IA that sharing something without any compensation is wrong at all. This "if you saw or heard something I did, you owe me money" is as ridicules as it is constantly pounded into the public by these greedy people/organizations. I'm sorry, if I like it, then I will buy it, but if I just hear, or see, or tryout something and think it is shit! I do not owe you any money.

    I find it amazing that the anti sharing campaign that of course has assimilated the bought and paid for legislators has been adopted by any rationally thinking person.

    Dumb! Sheep!

     

    --
    * Carthago Delenda Est *
    1. Re:Maybe they are motivated by common sense by Jimmy+King · · Score: 1

      What about those people who continue to listen to it over and over and enjoy it but still don't buy it? Don't get me wrong, I don't feel that the BSA or *IAA are doing anything good, but it's quite as simple as you want to make it sound, either. As in many cases, there's a middle ground here that seems to be what is "right".

      If I, as both a software developer and musician, create something and say "You have to give me $5 if you want to use it", then why should you not have to? I created it and that's the model I want to use to distribute it. Your choices are pay for it as I, the content creator request, or don't give me money AND don't use my product to show me that I have chosen a model that does not provide appropriate value to you.

    2. Re:Maybe they are motivated by common sense by kurt555gs · · Score: 1

      "What about those people who continue to listen to it over and over and enjoy it but still don't buy it?" -

      There are always those few than take advantage of life. I do not think they are the majority. If they do, then I feel it is a civil issue and you need to find them, and take individual civil action on your own.

      Or, don't worry about it because most people will be honest, and that should be enough.

      --
      * Carthago Delenda Est *
    3. Re:Maybe they are motivated by common sense by Anonymous Coward · · Score: 0

      In theory, and in isolation, sharing something isn't going to do any harm to anyone, and may arguably even benefit the copyright holder.

      The collective effects of it being done many thousands or even hundreds of thousands of times over and over again, without stopping, however, can potentially be quite damaging. Unchecked, that is exactly what happens, even though any one individual may not be doing significant damage.

      And bear in mind that not all copyright holders are ridiculously wealthy individuals that could drop more cash in a day without blinking than the average person makes in a month. Infringing on copyright, ANYONE's copyright, weakens the reputation that copyright has in the eyes of all copyright holders to dutifully protect their works from being copied without authorization (in reality, copyright itself is little other than a social contract that society generally agrees to respect). This affects everybody's copyrights just as much as it affects the copyright of the company that may actually own the copyright being infringed, and is why, ultimately, copying something without proper authorization to do so can be argued to be wrong.

    4. Re:Maybe they are motivated by common sense by Jimmy+King · · Score: 1

      We must know very different people. The vast majority of people downloading music and software that I know are doing it because they don't want to pay for it at all rather than that they don't want to pay for it before they know it's useful or enjoyable to them and they are not shy about admitting that.

      I know there ARE people out there who pirate to test and then purchase. I've done that myself and you apparently do that, too.

      I also do want to make it clear that I don't feel that how the media industry handles it is right. Pirating a $10-$15 cd which cost the publisher $2 to make and distribute should in no way result in anything other than going to small claims court. You get into less trouble trying to steal the CD from Best Buy than for downloading it and the theft caused a loss of physical inventory. I just believe there are likely a lot more people out there doing it just to get free stuff than you do and that the content owner/creator DOES have a right to get paid for its usage, despite what many (not all, probably not even a majority) on Slashdot think.

  41. Yet more proof! by DarthVain · · Score: 4, Funny

    Money Doesn't Motivate File-sharers.

    Now think of a pirate. What are his motivations? Booty (money), rape, and pillage.

    So as long as file sharers are not motivated by raping (Julian Assange doesn't count!) and pillaging then they should finally be off the hook and put to bed that stupid terminology!

    1. Re:Yet more proof! by Nidi62 · · Score: 0
      "You said 'rape' twice".

      "I like rape"

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    2. Re:Yet more proof! by DerekLyons · · Score: 0

      Now think of a pirate. What are his motivations? Booty (money), rape, and pillage.

      So as long as file sharers are not motivated by raping (Julian Assange doesn't count!) and pillaging then they should finally be off the hook and put to bed that stupid terminology!

      Newspeak is alive and well in the Slashdot community I see. Or less kindly, the immature and childish debating tactic of sticking to the strict dictionary definition of the word.
       
      Grow up. The term 'piracy' has been an acceptable description of this kind of behavior for centuries. Nobody but you and your childish ilk confuses it with sea borne pirates and rape, pillage, or murder.

    3. Re:Yet more proof! by DarthVain · · Score: 1

      A) It was a joke.
      B) I bet if I asked some asshole 200 years ago what "Piracy" was, it would not be as you suggest. Too bad I don't own a time machine.
      C) Gads! Using a dictionary to "define things". How absurd and provincial! I mean the only civilized way to define things is to just arbitrarily make things up to support whatever you are trying to say!
      D) I don't think me or my ilk are confused as to what the word means only that it is being misused to purpose.
      E) I find it ironic that you use the term "Newspeak". Did you actually read the book 1984 or understand what it was about? Newspeak is the authority making up words to suit their political purposes, which is EXACTLY what this is. They might as well call it Copyrape or something. In fact you just using that word confused me a bit in that you seemed to agree with me and then go on a rant.
      F) I sentence you for your transgressions to sail your expensive looking yacht through Somali waters to see what a real pirate is.

    4. Re:Yet more proof! by Aceticon · · Score: 1

      Some of us are motivated by booty, you insensitive clod!

    5. Re:Yet more proof! by DerekLyons · · Score: 1

      A) It's an old one, and stopped being funny years and years ago. Only imbeciles repeat it now.
      B) In case you haven't noticed, we don't live 200 years ago.
      C) More childish handwaving, doubly amusing because by using 'file sharer', that's exactly what you're doing - arbitrarily creating a term to support whatever you have to say.
      D) No, you and your ilk are childish imbeciles who pick and choose dictionary definitions to suit you and who are ignorant that most words have more than one meaning, and are unaware of such concepts as common usage, connotation, and denotation.
      E) Yes, I read 1984 - which is why I used it ironically. Because you and childish ilk are indulging the same behavior - in place of a commonly accepted and widely understood term you're trying to create a new term that doesn't make you sound like thieves.
      F) More childish handwaving.

    6. Re:Yet more proof! by stealth_finger · · Score: 1

      "You said 'rape' twice".

      "I like rape"

      It's five o'clock, time to go rape some bitches.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    7. Re:Yet more proof! by Bucky24 · · Score: 1

      B) I bet if I asked some asshole 200 years ago what "Piracy" was, it would not be as you suggest. Too bad I don't own a time machine.

      If enough people decide a word means something different, then its official definition is modified to include that different something. Best example of this generation: the word "gay" used to commonly mean "happy". The definition has changed because enough people started using it to mean something else.

      Not to say that the old meaning of the word does not apply. There are indeed real "pirates" that board ships and take plunder and such, but the definition of the word has been extended to include other meanings. This ability to redefine and come up with new words is how language keeps up with the rest of the world.

      --
      All the world's a CPU, and all the men and women merely AI agents
    8. Re:Yet more proof! by DarthVain · · Score: 1

      Anyway arguing with you is pointless and I am not going to bother wasting my breath. You'll just refute everything I argue with "childish handwaving". Clearly a superior logical well thought out argument.

      However I would like to point out if you want someone to sound like a thief, you might want to call them a thief and not a pirate then. Just sayin'. That's why we have all these wonderful words!

    9. Re:Yet more proof! by DarthVain · · Score: 1

      Which is exactly my point. Only the context is different. I am not saying that words do not change. I am simply saying is that the word "Piracy" in the context of copyright infringement DID NOT enter our vernacular through what you might call Common Usage.

      It has become a buzz word, deliberately mentioned by the copyright lobby every. single. chance. it. gets. A reprehensible word with deep long lasting connotation was chosen deliberately to foster opinion based on an emotional response. It is not new, the copyright lobby has been doing it for years, and as a result the word has another meaning. The only difference is was it was forced, purposefully changed, for political reasons, which I do not agree, and as such reject the usage of.

      To use your example, it would be like if there was a "Gay" lobby that really wanted to promote a positive image of their group by purposely using a word commonly associated with "Joy". Then repeating it as many times over decades in hopes of fostering that change, and corresponding public opinion.

      Now I don't know if that is true or not. I don't know how well organized the Gay's are or if they have the same type of financial backing, but would guess it was more of a common usage thing.

  42. Re:What about file shearing old games that are not by DavidTC · · Score: 1

    You probably don't need that, just requiring people to spend $100 to renew the copyright every 7 years after the first 7 is probably enough.

    Probably 99.99% the crap would fall out of copyright at that point. (Remember, every damn thing is copyrighted, with no action required.)

    --
    If corporations are people, aren't stockholders guilty of slavery?
  43. Illegal vs Criminal by Anonymous Coward · · Score: 1

    While there may be laws controlling the use of 'intellectual property', these vary widely between international states, and are often only covered by civil or 'tort' law.

    Many people have the perception that a dispute between two parties under civil law is just that: a dispute. The state usually has no right to intervene in these cases.

    Contrast this with criminal behaviour, where if a policeman spots you doing it, he's going to chase you and try to arrest you.

    Take the example of squatting in England. 'Squatting' is legal: in certain cases you have the right to occupy property with out a licence from the freeholder. 'Trespass' however is covered by civil law and a freeholder may seek remedy from a court to seek eviction of squatters who are, by definition, trespassing. A policeman cannot arrest you for trespass or squatting.

    So, although trespassing is covered by law, it is not a crime and most people would see it in this case as not illegal.

    Indeed, many people see squatting as 'ethical', at least in some circumstances. This is evidenced by the fact mentioned above that as a squatter you are protected by the law and even have a right to adverse possession (the squatter gets the freehold after about 12 years, having shown material improvement to the property.)

    Of course, this is in the context of England, where technically all land is owned by the Queen (who constitutionally is the state), and property 'owners' merely own a freehold, or license. If the freeholder is abusing their license and not utilizing the land, another citizen has a right to occupy it and put it to good use.

    I think many file sharers reject the idea that they are acting unethically, criminally, or even illegally. They may accept that in future some party may seek remedy under civil law, but this would be a dispute arbitrated by a court, not a crime. I'm sure most would want to argue that 'data should be free, blar blar blar', and what is 'wrong' is the IP owners' restrictions.

  44. The Robinhood defense by Anonymous Coward · · Score: 0

    Bringing movies and music to the poor and starving masses? Often times the motivation for uploading is an ego stroke. It's a power trip ripping and uploading. The economic gain is from downloading. Downloading a $10 or $20 album or movie keeps that money in your pocket rather than wasting it on buying the content. Some of the downloading is an ego stroke as well. I've heard downloaders boast of 20,000 or 30,000 collections with some going to 50,000 or more songs. There's no way they are listening to all that music they are just mass downloading for bragging rights. Saying it's all altruism is rationalization.

  45. The problem with filesharing for record companies by chemicaldave · · Score: 1

    is that it's just so damn convenient. Even if one could get physical discs for free at some physical location, it's still not as convenient as downloading them (This of course probably doesn't hold true for movies...yet).

  46. Re:What about file shearing old games that are not by westlake · · Score: 1

    What about file shearing old games that are not for sale anymore? and no used copy's on ebay does not count or even the old copy in the bargain bin at the store.

    Name one.

    Gog.com is releasing old games updated for XP, 32/64 Bit Vista and Win 7 on an accelerated schedule - and Gog is not alone in this.

    The price of the ready-to-run - and DRM free - classic like Planescape: Torment or Duke Nukem 3D is typically under $10. Most support existing mods for high resolution graphics, wide screen support and so on.

    Most come fully patched with free PDF manuals, MP3 soundtracks and other goodies.

  47. Re:What about file shearing old games that are not by Anonymous Coward · · Score: 0

    Pong does not benefit from copyright protection since there is no software. It was "programmed" via discreet logic components. It may have benefited patent protection, which would be now expired. But the history of Pong describes rampant cloning by dozens of other companies, so it's possible they hadn't even patented it.

    The drawing of the title "pong" would still be copyrighted. The name may also be trademarked, if Atari maintained protection of it. But that's about it.

  48. If you don't need money, then money won't motivate by teachknowlegy · · Score: 1

    If what they want is free, then money is worthless. It's a pretty simple barter arrangement. They share their own files so they get the files they need or want without having to use any money. If they don't use money, why would they want money? Get it yet? Money is worthless in some places in this world. This would be one of them. I have a reason to keep things legal, so instead of illegal versions of file sharing I use freeware, open source things like this OS I'm on. I legally traded skilled services for the hardware, and paid a tax on that as well. The entire computer hardware and software were free. The only money involved was mandated by the legal system, and they sure didn't motivate me in the least.

  49. Information wants to be free. by hessian · · Score: 1, Insightful

    In light of Wikileaks, I've been reconsidering this.

    Back in the 1980s when finding internet access or time on a machine faster than 1mhz was a huge achievement, "information wants to be free" meant "let us use your networks for non-commercial purposes that help them grow."

    From hacking came a lot of good things. Better programming; increased security; cutting through the academic and business horse shit that locked technology into repetitive, categorical, and rather boring uses. From it also came some adventure and fun.

    But now, hacking is more of an academic art than anything else. Research known exploits and run a fuzzer until you find an injection or overflow waiting to happen, then ta-da! You win. As a result, I don't think "information wants to be free" applies to hacking when you can make one phone call with your credit card and have fast internet access, and another phone call to get a computer 10,000 times faster than anything we had in the 1980s.

    File sharing, while I love the idea of it, takes piracy from an elite who further the technology, and instead makes it an everyday way for much of America to steal its content. Many people are computer-literate now, and they're going online not to find rare and technical information, but to download movies, games and music. That's a different use entirely.

    Wikileaks also strikes me as a case of "hackers" (if copying stuff to a thumb drive counts as "hacking") going too far in the wrong direction. Ultimately the exposure of diplomatic networks will increase instability and make the United States more inclined to be fascist, not the reverse. In addition, those who worked with the United States toward good causes are already feeling the hurt. "Information wants to be free" doesn't mean "and you can ignore the consequences."

    Consider these cases:

    1. I post 1.4gb of credit card numbers online in the ideal that it will destroy the financial system and create world anarcho-socialism.

    2. You write a novel; it takes you two years. I post it online in Kindle, Nook and Sony reader formats.

    3. You take out $20m in loans to make a movie or a video game, and you spend five years of your life on the project, hoping that you can leverage this into a career. I post your game or movie online before it is released.

    We'll never know how sales are affected because we will never know if the people downloading would have bought it anyway, but what's really lost is the newness of the material. If your neighbor reads the newspaper, figures out which are the good stories, and then tells you about them while you're fishing, what incentive do you have to buy the newspaper?

    We -- the hackers of today -- need to think long and hard about this. By destroying the ability of others to profit from their work, we may be sabotaging the very people we sought to empower all those years ago.

    Just $0.02, or probably worth a lot less in this recession.

    1. Re:Information wants to be free. by Herkum01 · · Score: 1

      we may be sabotaging the very people we sought to empower all those years ago

      The people who we sought to power(the artists) have been sublimed by lawyers, accountants, publishers, and over-paid executives. While I am sorry the artist is being deprived of his earnings, they were being deprived by these other people who contributed nothing to the actual writing of the material and end up taking a bigger share of the pie than the original author will ever earn.

    2. Re:Information wants to be free. by marleyboy · · Score: 1

      You make a good point. I would build on your argument, saying that the current system of profit is outdated and cannot survive in a push-button culture. So long as people are motivated to share, replication will occur. That can't be stopped. To make pushing a sequence of buttons that allows one to share illegal just shows that the court system is outdated. Perhaps its time to start dreaming of a culture where piracy and counterfeit goods are irrelevant, and we mutually support each other instead of trying to profit off of each other. This assumed disenfranchisement of getting ahead today makes me sick.

      --
      Neutiquam erro
    3. Re:Information wants to be free. by panda · · Score: 1

      You know, everyone keeps quoting "information wants to be free" out of context. Stewart Brand also said in the same breath that information wants to be expensive. He was talking about two sides of the equation, the consumer side that wants to be free, and the producer side, that wants to be expensive.

      I personally get very tired of the producer/consumer economic model that keeps getting shoved down our throats by the old economic models and the industries that cling to them.

      The Internet and affordable technology enable us all to be producers and consumers of each others' digital works. The whole tired argument of information wants to be free/information wants to be expensive should really be a moot point by now.

      --
      Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
    4. Re:Information wants to be free. by Anonymous Coward · · Score: 0

      1. I post 1.4gb of credit card numbers online in the ideal that it will destroy the financial system and create world anarcho-socialism.

      Probably won't, but it will probably speed up the adoption of secure credit card processing that doesn't depend entirely on simply knowing the number.

      2. You write a novel; it takes you two years. I post it online in Kindle, Nook and Sony reader formats.

      That would suck. However, there have been cases where authors have gone and interacted with the pirates and managed to turn them into paying customers after the fact. I doubt that everyone would do so, and it might be harder since you posted it to legitimate sources, but if they got the infringing sources taken down and put their own up, they might come out all right. Of course, that's a big *might*, I'm not gonna deny that.

      3. You take out $20m in loans to make a movie or a video game, and you spend five years of your life on the project, hoping that you can leverage this into a career. I post your game or movie online before it is released.

      I would probably put some sort of copy protection in it, something like the few styles that have been brought up in the last few days removing functionality or playing vuvuzelas. This pretty much happens on a daily basis currently, and people seem to be doing ok.

      If your neighbor reads the newspaper, figures out which are the good stories, and then tells you about them while you're fishing, what incentive do you have to buy the newspaper?

      Umm...and hasn't this been happening since the invention of the newspaper how many years ago? To quote Jay Mohr (it's ok, by me quoting him, you don't have any incentive to ever listen to his standup, which you can learn about here: http://en.wikipedia.org/wiki/Jay_Mohr): "...I'm gonna check the [newspaper] in the morning to make sure this cocksucker isn't lying to me!"

      If you're really thinking long and hard, you'll find that your newspaper example doesn't hold up in the least bit. Now, websites that link to newspaper articles and can churn out new editions and corrections through the day as stories develop...that's a different story. Of course, it is a different story, not an issue of piracy but an issue of a complete change in the news media.

      The majority of your argument comes down to elitism. "It used to be hard to hack things, so only a few of us did it, and it was purely for funsies." How does having a fast computer, easy internet, and some people using hacking for nefarious means suddenly make all of your ideals incorrect?

      And as far as wikileaks, why did it take wikileaks to change your mind about whether hacking could have negative consequences? What about the Morris worm? That was purely good intentioned (which, depending on your viewpoint, so is wikileaks), and yet it wound up costing 10s of millions of dollars in damage to thousands of computers at a time when "finding internet access or time on a machine faster than 1mhz was a huge achievement". I haven't seen any harm wikileaks has caused, but I do see the good it has caused with releases like extra-judicial killings in Kenya, banking fraud that led to the collapse of the Icelandic banking system and their new laws (regarding banking and whistleblowing) that have been adopted in response, and renewed discussions of the US government's use of secrecy and deception with both the international community (think Powell at the UN) and with it's own citizens. You may not see the good in those cause it's so serious and not just for "adventure and fun", but I find those instances where information being free is good for serious reasons.

    5. Re:Information wants to be free. by VShael · · Score: 2

      Anything which speeds the US down the road to a more obvious Fascist/Police state (because there are those who would argue they're already there), is possibly a good thing in the long term, as it should speed up the civilian uprising which will bring about its downfall.

      If it doesn't happen soon, it could be argued that technology will progress to the point where any civilian uprising will be impossible. And then Fascism can arrive safely, and be here to stay.

    6. Re:Information wants to be free. by Anonymous Coward · · Score: 2, Insightful

      2. You write a novel; it takes you two years. I post it online in Kindle, Nook and Sony reader formats.

      3. You take out $20m in loans to make a movie or a video game, and you spend five years of your life on the project, hoping that you can leverage this into a career. I post your game or movie online before it is released.

      ...We -- the hackers of today -- need to think long and hard about this. By destroying the ability of others to profit from their work, we may be sabotaging the very people we sought to empower all those years ago.

      Stop trying to do this "art" stuff for money. It's often vastly inferior, and always less cost effective, than art created by people who are driven to simply create art. I make & record music. You can't pirate it, but you can continue to seed the torrent :P (no link - no troll).

      I don't intend to make money from it, I make music because I have to, my soul requires it of me. The internet will destroy the music industry, but it will be a spectacular boon for music. The sooner the profit-driven media factories are kicked out of our creative meme pool, the better. Then art will be made by people who are motivated by art rather than money, and the world will be a better place.

      </hope>

    7. Re:Information wants to be free. by Anonymous Coward · · Score: 0

      Consider these cases:

      1. I post 1.4gb of credit card numbers online in the ideal that it will destroy the financial system and create world anarcho-socialism.

      2. You write a novel; it takes you two years. I post it online in Kindle, Nook and Sony reader formats.

      3. You take out $20m in loans to make a movie or a video game, and you spend five years of your life on the project, hoping that you can leverage this into a career. I post your game or movie online before it is released.

      1. This is a different story. It pertains to the unauthorized release of personal and financial information, which is outside of the realm of copyright law.

      2. I write a novel. It ends up in a library where people can read it for free. I don't see the fundamental difference.

      3. Your hopes of leveraging movie making into a career, as well as the exact numbers involved, are derived from the current market and legal assumptions. If those assumptions were different, it is possible that you may have chosen a different career, perhaps doing something to more concretely advance society, or perhaps you would have chosen to have fewer explosions and more story in your movie.

    8. Re:Information wants to be free. by Surt · · Score: 1

      Sadly, I'm pretty sure there is only one more downfall into fascism ahead of us. This time the technology is really up to the task of making it last forever.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    9. Re:Information wants to be free. by cheekyjohnson · · Score: 1

      Ultimately the exposure of diplomatic networks will increase instability and make the United States more inclined to be fascist, not the reverse.

      They deserve it. Also, perhaps it will serve as an awakening to the indoctrinated public so that they will finally do something and help the people who have been speaking against corruption for years.

      --
      Filthy, filthy copyrapists!
    10. Re:Information wants to be free. by billyswong · · Score: 1

      Just like how food prices rise, and farmers gain nothing.

      Well, in fact, a press do provides editors to book authors, so it does contribute. It's just a matter of how much the worth.

    11. Re:Information wants to be free. by rastoboy29 · · Score: 1

      You assume that those actions "destroy the ability of others to profit from their work".

      If that was true, the music and movie industries would be dead by now.

      How long do they have to keep on succeeding despite massive filesharing to convince people like you that filesharing destroys nothing?

      FWIW, I've posted my own game (that I've spent several years on) to the Pirate Bay.

    12. Re:Information wants to be free. by srvivn21 · · Score: 1

      Consider these cases:

      1. I post 1.4gb of credit card numbers online in the ideal that it will destroy the financial system and create world anarcho-socialism.

      My bank sends me a new card with a new number and new expiration date. I am inconvenienced during the time I can't use that card.

      2. You write a novel; it takes you two years. I post it online in Kindle, Nook and Sony reader formats.

      Hard and soft cover sales are unlikely effected. The fans of the author shun the pirated copy.

      3. You take out $20m in loans to make a movie or a video game, and you spend five years of your life on the project, hoping that you can leverage this into a career. I post your game or movie online before it is released.

      This happens quite often. Hollywood and the gaming studios are posting record profits. As for how you manage to leverage a $20 million dollar loan on your debut, I'd like to subscribe to your newsletter.

      We'll never know how sales are affected because we will never know if the people downloading would have bought it anyway,

      From http://www.escapistmagazine.com/articles/view/columns/experienced-points/7225-Experienced-Points-Piracy-Numbers:
      How many people use the pirated version as an extended demo?

      Assuming someone tries a game and then goes out and buys it, they are basically indistinguishable from the previous group who buys it and then "pirates" it. They're just doing it in a different order. In any case, these two groups combined simply can't account for more than one in nine downloads.

      However, if you're willing to entertain an anecdote (which is the only thing we have to work with in a situation like this where nobody will show their cards to anyone else) then the story of iPhone game Tap-Fu is fairly instructive. The creators tracked both pirates and customers as they submitted high scores. They even kept track of how many people (as identified by their device) played as a pirate and then later as a legit customer. The result:

      Not one. Ever.

      Remember that the plural of "anecdote" is not "data". One case doesn't describe the industry in general. Also remember: None!

      We may never know for sure, but there are indications.

      ...but what's really lost is the newness of the material. If your neighbor reads the newspaper, figures out which are the good stories, and then tells you about them while you're fishing, what incentive do you have to buy the newspaper?

      The experience of not receiving the stories as remembered by my neighbor. His ideals on which are the "good stories" probably differ from mine.

      We -- the hackers of today -- need to think long and hard about this. By destroying the ability of others to profit from their work,

      Wait. What? Also from the Escapist article linked above:

      How rampant is piracy?

      In 2008, Reflexive looked at the people who submitted high scores for Ricochet Infinity and found that 92% of all players were using pirated copies of the game. Also that year 2DBoy reported 90% piracy on World of Goo. Last year developer Beautiful Game Studios' claimed that Championship Manager was the victim of a 90% piracy rate. During the week the Demigod was released, publisher Stardock found that 85% of all players looking for a game were pirates. All of these are PC titles.

      It's very interesting how close all of these numbers are, despite the diversity of the games themselves. Casual and hardcore. Esoteric and mainstream. Indie and big-budget. DRM and DRM-free. N

    13. Re:Information wants to be free. by Anonymous Coward · · Score: 0

      You lack a systemic view of the world... weird comming from a self named hacker

      All your examples propose very weak models fo economic, political, and
      social interactions. If really want to undestand wikileaks logic read
      about the situationism (or the book The Society of the Spectacle by
      Guy Debord)

      The exposure of diplomatic cables only undermine the capacity of goverment to
      lie. If only liying can they get their work done, thats not politics... but
      an efford to get undeserved rewards trought deceive.

      Like releasing firesheep for awareness about cookie session capture, posting
      1.4gb of credit card numbers should promote a better security model

      eBooks arent the prefered representation in the market of novels yet, file
      sharing helps to promote the format and the autors (some times boosting the
      sales of previous novels or raising the awarenes about some tematic serial)

      Early releases mostly hurt bad products because undermine the marketing
      manipulation that gets replaced by word of mouth... thats an unadulterated
      market working. Good works doesnt suffer because people preffer to pay for
      a better experience if they feel the product has merits.

      If my neighbor reads me the newspaper, i still buy it; because he hasnt the
      same references that i have, and doesn't arrives to the same reading that i.
      Further more what he considers to be the good stories, doesnt exactly mach
      the ones i would select.

      Maybe you -- the hacker of yesterday -- need to think long and hard about this:
      nobody its destroying the ability of others to profit, only maybe sabotaging
      old work models not changed since many years ago... because hey! the context
      has changed teh universe doesnt stop and old structures are holding the future

  50. You are out of touch by mrops · · Score: 1

    Actually on a large time scale, artists making millions is an statistical anomaly. Go back 100 years and before, artist would make enough by performing. Replication of art and selling it wasn't a possibility. Come 20th century, they made millions by doing just that, replicating one time effort. Come 21st century, we are back to making money by performing.

    On a large time scale, there really is no problem. Having said that, ever since iTunes and all, I find it easier paying and getting content instead of 5 days torrenting.

    1. Re:You are out of touch by stonewallred · · Score: 1

      You must have bad taste in music, a slow internet connection, or not going to the right places for torrents. A decent private tracker usually has more music available than you could listen to in a couple of years playing it 24/7. A really good site will have even more.

  51. Doing what you like by lymond01 · · Score: 4, Insightful

    I keep thinking that, perhaps, one day we'll be able to do what we want to do with our time. If actors want to act, they'll do so without the guarantee of acquiring money (see local community theaters). If musicians want to play, they'll play. I guess it comes down to being able to create food and shelter for yourself -- you wait tables because you need a home, but you play music because that's what you love. I think it's great that popular musicians get paid for doing what they love, but it's sad that it's a necessity.

    Sigh...not even sure what I'm trying to say other than I'm not sure what the end goal of a capitalistic society is. We're technologizing ourselves out of jobs, always have been. What happens when robots are doing all the work, creating the music and art? Aside from the robotics engineers, who's collecting a salary?

    1. Re:Doing what you like by marleyboy · · Score: 2

      I'm dreaming with you there buddy. Capitalism doesn't work with today's technology. I do think robots should be doing the jobs that people don't want to do. Instead of a salary based system, perhaps a resource based economy would make more sense. Money is only the energy of the banks and is used to facilitate the transit of goods in a supply and demand system. Right now I think the trick is to raise ourselves up enough that we can become interdependant with the systyem, instead of being a dependant of the system. then we can reach out and raise up others who have evolved enough to be able to handle the responsibility of being interdependant. It's a different perspective and comes from a different thrust of movement that today's enculturation tells us is how things work. It's based on sharing, not on greed.

      Ever given thought to how much upheavel teleportation technology would cause in supply and demand? Trucking goes out of business...so does the postman. Think of the unions. No more shipping containers, no more reliance on oil for transportation of goods. No more big rigs, and kids of that age will think Transformers are wrong. The world's oil addiction is cured, and airplanes become irrelevant. National boundaries become moot because if teleporation beomes a portable thing, well, the world becomes like the Steam game 'Portal'.

      Now just what kind of society can handle that kind of technology? Certainly not capitalism. I think it'd be something were there's more light...

      --
      Neutiquam erro
    2. Re:Doing what you like by rwv · · Score: 1

      I'm not sure what the end goal of a capitalistic society is. We're technologizing ourselves out of jobs,

      There are two arguments and I think it comes from the two basic ideologies so I'll call a spade-a-spade.

      Republicans cry out that new improvements are ALWAYS possible. The next obvious frontier to conquer is space. It will take lots of effort from lots of people to develop that industry. Think of it like the 1800s when they were building the railroads.

      Democrats cry out that there is no work for those without the skills necessary to make the new improvements called for by the first group. They say that the state should provide various types of support so unskilled people can enjoy their lives. Notability, efforts are made to ensure the elderly are respected (a noble virtue) and the children of unskilled parents have a chance to break the cycle.

      In any case... to boil it down and leave you with a simple conclusion... The purpose of capitalism is to maintain a skilled workforce. Think of it this way: Capitalism isn't "complete" until every member of the workforce has a value skill that allows them to contribute in a meaningful way to society. This will never happen, so you don't have to worry about capitalism ever being completed.

    3. Re:Doing what you like by johnny0099 · · Score: 1

      Disney will answer your question with the $30 WALL-E Blu-ray.

      --
      Get your dogma outta my yard!
    4. Re:Doing what you like by voights · · Score: 1

      Extremely relevant story - http://www.marshallbrain.com/manna1.htm

    5. Re:Doing what you like by Anonymous Coward · · Score: 0

      Thank god im a robotics engineer :D

    6. Re:Doing what you like by Anonymous Coward · · Score: 0

      Good new my friend, Capitalism (TM) has no end goal! That's right, just mindlessly producing and consuming without creativity or thought is satisfying enough to be a life-goal in itself. Join us, my friend. Join us.
      Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us. Join us.

    7. Re:Doing what you like by martin-boundary · · Score: 1
      The end goal of a capitalist society is a rentier class, people who can live their lives merely by "owning" things (*).

      (*) That implies a working class of people who work both to support themselves, and to also do the work that the rentiers don't do. Such a working class cannot be itself a rentier class, as then who would do the work for everybody?

    8. Re:Doing what you like by Anonymous Coward · · Score: 0

      I keep thinking that, perhaps, one day we'll be able to do what we want to do with our time.

      I want to do nothing more than sit around and do hookers and blow all day long. For free.

      Is there a place for me in your future u^Hdistopia?

    9. Re:Doing what you like by Anonymous Coward · · Score: 0

      We're technologizing ourselves out of jobs, always have been. What happens when robots are doing all the work, creating the music and art? Aside from the robotics engineers, who's collecting a salary?

      Those who provide sexual services of dubious legality for the robotics engineers.

  52. Of course this is news ... to the rich by Anonymous Coward · · Score: 0

    Everything the rich do -- every last little thing -- is motivated by money. The truly rich don't take a dump without figuring out exactly how much each wipe and flush will cost them and if they could they'd never take a dump without getting money for it. These people are obsessed with money and consider anyone who isn't obsessed with money to be insane.
    Altruism? Only if there is a tax break involved -- and it had better e a hefty one. After all the great unwashed can get by on cat food and urine, can't they?
    The motto of the rich is simply I got mine now fuck off. File sharing, hell any sharing, is anathema to them.

  53. Re:What about file shearing old games that are not by phyrexianshaw.ca · · Score: 2

    you ever try picking up a NES cartridge from either?

    Ebay: it will just be a third party version of the ROM flashed onto a hacked flash, (thus making it as illegal as the version you were getting online)
    Bargain Store: You'll buy every copy in the city, only to find out that ONE of them works, but the flash has been written to so many times you can't save a game.

  54. "Altruism", What a Load of Crap... by llZENll · · Score: 2

    Altruism is selfless concern for the welfare of others. I guess they don't count the artists who made the content they are enjoying for free, or in the long run the sad truth that they are slowly destroying said content. Rather than promoting the fear of legalities for file sharing, perhaps we should promote the fact that by using art for free you are only aiding to the downfall and cheapening of such art. You can argue fair use and copyrights notions all you want, it doesn't matter, if someone isn't paid for making art you will see less of it and less quality of it, guaranteed. By file sharing you are fulfilling a want for art and not paying for it. It doesn't matter if the artist never would have sold a single copy, if you had not been able to get the free art you probably would have purchased art from somewhere else, thus promoting the market for such art, and the teaching, learning, and advancement of technologies in such art. Sure if everything was free art would still exist, but you are kidding yourself if you think it would be even close to the quantity and quality it is now. The problem is the effects of sharing and the destruction of art is benign on the small scale, but on a large scale is malignant. People can't relate to this and thus share.

    1. Re:"Altruism", What a Load of Crap... by Anonymous Coward · · Score: 0

      What's "guaranteed" by a long-winded post that is entirely theoretical?

    2. Re:"Altruism", What a Load of Crap... by Anonymous Coward · · Score: 0

      Altruism is selfless concern for the welfare of others. I guess they don't count the artists who made the content they are enjoying for free,

      Why should they? If someone decides to selflessly give away, for example, a car do you need to "count" the factory workers who made the car they are enjoying for free?

      or in the long run the sad truth that they are slowly destroying said content.

      That is only true if you are referring to the distribution of said content through a lossy format.

      Rather than promoting the fear of legalities for file sharing, perhaps we should promote the fact that by using art for free you are only aiding to the downfall and cheapening of such art.

      If you read a book from a library does that mean you are "cheapening" it? What about listening a song from the radio? Do you cheapen music if you happen to go to a free concert, or even a paid concert whose tickets were given to you? Do you cheapen a meal if you make it yourself by copying a recipe? Obviously not.

      You can argue fair use and copyrights notions all you want, it doesn't matter, if someone isn't paid for making art you will see less of it and less quality of it, guaranteed.

      That must be why humanity failed to produce any semblance of a culture until the 1960s, right? Not a single song, novel or play was written, not a single technical document was printed, not a single journal was kept. Nothing.

      By file sharing you are fulfilling a want for art and not paying for it. It doesn't matter if the artist never would have sold a single copy, if you had not been able to get the free art you probably would have purchased art from somewhere else

      That would only make sense if everyone went to record stores with the mission of spending money on a CD, any CD, independent of who recorded it or what style of music it was, and had absolutely no intention to leave the record CD without purchasing anything. That, obviously, is absurd.

      But that's why you failed to provide any basis for your idiotic assertion. Making stuff up is fun.

      thus promoting the market for such art, and the teaching, learning, and advancement of technologies in such art.

      That must be why, from the dawn of time, every single art work was created to be sold in a market. Or do you actually mean that all those artificial, bubble gum, mass-produced "artists" are pushing humanity forward?

    3. Re:"Altruism", What a Load of Crap... by Anonymous Coward · · Score: 0

      Weird the cliche its that the biggest pieces of art where done by starving (or getting mad) artist in a time before the copy right laws... and haven't been superated by current copyrights protected ones

  55. Morality/ethics has no place by noidentity · · Score: 2
    The law is the law. You want to lend your hardback book to a friend, because you see nothing wrong with it, but you don't consider that it's illegal, and cuts into the profits of the booksellers and publishers. They have to eat too, you know.

    Oh, it's not yet illegal to lend books? Well, wait a few years, and leave your silly altruism out of it, because you can't let that get in the way of profits.

    1. Re:Morality/ethics has no place by Anonymous Coward · · Score: 1

      Stupid analogy is stupid. When you lend a book to a friend, you lose the use of that book until you get it back from your friend. When you use file-sharing to send your friend a pdf of your book, you can still read the original, so value has been added to the system (interestingly, simultaneously devaluing every other copy in existence). Can we please get past the rhetoric?

    2. Re:Morality/ethics has no place by Bucky24 · · Score: 1

      When you lend a hardback (or softback) book to a friend, or a DVD, or a CD, you do not have the ability to utilize that book/DVD/CD while your friend is using it, until they give it back to you, in which case they would be unable to use it anymore.

      --
      All the world's a CPU, and all the men and women merely AI agents
    3. Re:Morality/ethics has no place by noidentity · · Score: 1

      When you lend a book to a friend, you allow your friend to avoid buying a book for himself to read. That's the commonality between it and file sharing. And sellers of physical goods are actively working on ways to prevent you from lending or even selling things like books and game CDs to others.

    4. Re:Morality/ethics has no place by Bucky24 · · Score: 1
      Say there are 10,000 copies of a certain book printed. You buy one, read it, then lend it to a friend. There are still 10,000 copies of said book in existence.

      Now say a certain movie puts out 10,000 copies to DVD. You rip the DVD to your computer and send that file to a friend. There are now 10,001 copies of the movie in existence (actually 10,002 since you made one for yourself).

      Therein lies the difference.

      And sellers of physical goods are actively working on ways to prevent you from lending or even selling things like books and game CDs to others.

      Easy for game CDs (DRM), and eBooks, but I can't see this working for standard paper books.

      --
      All the world's a CPU, and all the men and women merely AI agents
    5. Re:Morality/ethics has no place by noidentity · · Score: 1

      Yes, I understand the difference, and there are other differences as well. The point I made seems to keep getting lost, that lending books reduces the number sold. If only the original buyer could read it, they'd sell more.

  56. re: file sharers out of touch? by King_TJ · · Score: 1

    In a strictly technical sense, of course you're correct. But I don't think most file-sharers mean what you think they mean, when they claim they "don't see what they're doing as illegal"?

    It wasn't that long ago (the Digital Millennium Copyright Act didn't exist in the 90's, remember!), that copyright law made it pretty clear that an infringement wasn't even considered a criminal matter unless proof was there of an intent to gain financially from the infringement. (Not only that, but there was a minimum number of infringements of a given work that had to be proven, too. That means, even if Joe Blow burnt a CDR copy of a commercial software program he bought, and charged his friend a fee for his time and trouble to copy it for him as a favor? Nope... not a criminal infringement because he only made that 1 copy.)

    I think a lot of us (myself included) think THAT law basically made sense. If someone is so bent out of shape that somebody else is passing around FREE copies of their work, or that someone copied a few things for a friend, or even a few good friends? Address the issue in civil court. File a lawsuit against them yourself to make them stop! Not worth your time and money for a lawyer, you say? Ah! Then it sure as hell isn't worth the TAXPAYERS' money either ... so quit asking federal govt. to do your bidding for you by making it a criminal offense!

    That's exactly what the DMCA accomplished though, and that's why plenty of people think it's BAD legislation that isn't worth respecting or following.

  57. Redefining altruism. by Ostracus · · Score: 2

    "File-sharers aren't motivated by financial gain, but by altruism, according to an economist. Joe Cox, of the Portsmouth Business School, said those uploading content for others to share don't see what they're doing as illegal, meaning current tactics to deter piracy are doomed to fail. 'The survey data suggested there was a deep-seated belief that this type of activity shouldn't be illegal, that there was no criminal act involved.'"

    There's a word for individuals who practice altruism with creative content. It's called open source and unlike the "altruism" practiced by copyright infringers, it's done with the permission and respect of all parties concerned. Truly the distinction between selfish and unselfish. The "I made that's" versus the "I copied that".

    --
    Shai Schticks:"You don't make peace with friends, you make peace with enemies"
  58. Re:What about file shearing old games that are not by SuricouRaven · · Score: 1

    Even that is about the money. If you are having a great time playing through the games of a decade ago, then you arn't going go be out buying the latest hit. This is the same reason games companies loathe the second-hand market, why fashion companies change their look on a regular basis and Microsoft is extremally annoyed that Windows XP just refuses to become obsolete. The old low-cost things still compete with the new and expensive.

  59. Re:What about file shearing old games that are not by SuricouRaven · · Score: 1

    Those old carts don't use flash, they use SRAM with a battery soldered onto the cart. They cease to work when the battery fails due to age. Repair is a simple matter for anyone who knows how to use a soldering iron.

  60. More than "motivations" by eepok · · Score: 2

    It's not that money doesn't motivate them, they *know* there's not money in it to begin with. Thus, they have no money motive AND no money expectation.

    It's a fine difference, but it goes a long way. It's the difference between a teacher knowingly being underpaid because of his/her passion for education (s/he isn't motivated by money, but still needs it) and someone who gives up his/her career, goes to a 3rd world country, and serves as a freelance 1-room school teacher to share his/her education (where there would be no *expectation* of money).

    File-sharers (the massive portion of them), in fact, actually PAY to share (internet connection, hard drive space, blank media, etc.).

    But those distinctions are entirely too honest to use in a politicized court of law.

  61. File sharers != P2P sites admins by NeverNow · · Score: 2

    The Pirate Bay case was about the Pirate Bay admins, who are not - in this context - file sharers but - possibly - do make money from running the site. File sharers are those who put files in their shared folders in p2p apps, keep their torrents seeding after downloading them, and so on.

  62. Couldn't disagree more. by Delusion_ · · Score: 1

    1 - There are more artists with record contracts than any time in recorded history. The barrier to entry for artists with recording contracts is lower because the barrier to running a label or a studio is lower.

    2 - The license itself is the bad thing. If copyright law were limited to five years, most artists and labels wouldn't notice much difference - most of the profits on any given recording are made within five years. Furthermore, not everyone is enamoured of the GNU license, and it is not an obvious-good that you seem to think it is. I've had to re-invent the wheel a few times because the GNU license for the sources I would have otherwise wnated to use simply would have added an inappropriate burden for a project that wasn't even going to make money; adhering to the GNU contamination was burden enough. It has its place, but not every license is a good license for every project. The "pay a bunch of middlemen 95% of the album's profits" isn't a good license, either.

    3 - Now you're arguing against yourself. In your GNU-centric world, "you professionals" wouldn't be paid a lot for certain tasks. Also, artists aren't paid a lot right now, as media publishers have turned copyright from being a tool to protect the public domain by ensuring that a nation's culture is fully available to it, into a scheme which accomplishes the exact opposite - ensuring that a nation doesn't have access to its culture. US copyright law wasn't created to protect the wealthy at the expense of the public interest and up-and-coming artists of all stripe, but that's all it's for now.

    While I do buy music, I tend to buy it at shows where it is common for artists to keep the majority of the profits. This isn't a perfect solution, as I'll be the first to admit, and as anyone who listens to artists who don't actively tour knows. As it stands, copyright law is morally bankrupt, so I don't see how morality applies to your decision to adhere to it or not.

    People should be paid for their work, but some work is more valuable than others. What is most important to you with regards to your favorite artist? The artist, or the record label who promotes and "discovers" them? While the latter has some value, the portion of the profits that the record labels have historically received is way out of line with the value of the service. Today, a strong major label is less important than ever to the "gatekeeper" function that it traditionally performed. There are more ways to discover music, and an extremely segmented and niche-centric marketplace makes that function a lot more appropriate to music journalism (professional and amateur) than whether a bunch of people at a record label think it will sell a million copies.

    Even the record labels know this, which is why they create or purchase smaller labels with a more focused sound. There's no such thing as a "Universal sound", a "Warner sound" or a "Sony sound". Their role as gatekeepers isn't a valuable one, or if you disagree with me about that, it's certainly a [i]less[/i] valuable one than it ever has been. What better reason to re-balance the profit equation more in favor of the artists!

  63. What about micro-patronage? by he-sk · · Score: 1

    I'm not a big fan of levies on DVDs and iPods and such that are then distributed to the labels. Mostly, because it keeps the entrenched system going an would stifle innovation even more than now. I just don't trust the major record labels to distribute the funds fairly.

    I think going back to patronage as it was done before the 20th century is the way to go. Except that every consumer with disposable income could become a micro-patron. The internet makes it easy for musicians to put up a button on their site to facilitate micro-donations. The more popular the music the more money you make. Movies could also be financed up-front, although it's arguably more difficult.

    Of course, we're not there yet. The recent Paypal debacle (cutting of Wikileaks) stresses the fact that private micro-payment services aren't yet trustworthy. They should be common carriers -- like the ISPs -- and only freeze assets upon an order issued by a court of the artist's country.

    --
    Free Manning, jail Obama.
    1. Re:What about micro-patronage? by Vegemeister · · Score: 1

      Of course, we're not there yet. The recent Paypal debacle (cutting of Wikileaks) stresses the fact that private micro-payment services aren't yet trustworthy. They should be common carriers -- like the ISPs -- and only freeze assets upon an order issued by a court of the artist's country.

      Why even then? Why not use a decentralized payment system, such as bitcoin or the like?

  64. Positive Feedback by ZombieBraintrust · · Score: 1, Interesting

    Leachers feel guilt for taking music without paying anything for it. Deep down they know that they are theifs. The file sharing society lies to leachers and tells them they can remove this guilt by seeding. "Your not a taker you give back to society with your data." Leachers become seeders and guilt is "removed" from the society. This is part of the reason some file sharers come off as so self righteous. This is not unique to file shares. The same effects occur in organized crime, Wall Street, and currupt goverments.

    1. Re:Positive Feedback by Gofyerself · · Score: 1

      wow, sounds like catholicism

  65. Re:What about file shearing old games that are not by imakemusic · · Score: 1

    Not really. If they're being sold second hand then the publisher isn't getting any money for them. If the publisher isn't getting any money for the copies that are being legally sold then why shouldn't there be a free version available? I guess you could argue that it would devalue the copies that do exist but I'd say that's a pretty weak argument.

    --
    Brain surgery - it's not rocket science!
  66. Of course not by Corson · · Score: 2

    They are motivated by a sense of ethics and pride. Prices for digital goods are no longer set by supply and demand, there is no negotiation process the digital "market economy". Prices are mainly driven by what Alvin Tofler identified as "power". The end user has to accept the price set by the seller or else. Companies must be profitable but who says they have to make billions of dollars in profits rather than hundreds of millions?

  67. Lack of commerce != altruism by simon0411 · · Score: 1

    Just because no direct monetary gain is observed, does not mean the activity is altruistic. Those who share files gain in the form of *receiving* more shares from others, and perpetuating the mindset that sharing is okay. The way bit torrent is set up requires file hoarders to also be file sharers, does it not?

  68. Re:What about file shearing old games that are not by geminidomino · · Score: 1

    GoG's selection is very, VERY small.

    Not saying they aren't doing a good thing, but saying "Name One." and using GoG as a counterexample isn't really as airtight as you might think.

    But, since you asked: Xwing Vs TIE Fighter

  69. Bullshit economist is full of shit. by kuzb · · Score: 1

    File sharers are motivated by free stuff and hoarding. It is not more complicated than that.

    --
    BeauHD. Worst editor since kdawson.
    1. Re:Bullshit economist is full of shit. by Surt · · Score: 1

      He agrees with you, for the leechers. Do you think the same motivations apply to seeders? If so, how, since they get neither free stuff, nor a hoard out of it?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  70. Checks and balances against the people? by Anonymous Coward · · Score: 0

    Are you referring to the (un)Patriot Act?

  71. Indeed by Anonymous Coward · · Score: 1

    I think what it really comes down to is now much you spend when you fill up your available space. Maybe its a computer (2 TB hard drive is not uncommon to see in a new computer today) or iPod (64 GB music player lets say). 2 TB can hold with system files around 2500 720MB riped movies which costs $57,000 @ $20 a piece. (roughly). For Music its 13,000 songs for $1 a piece for a total of $13,000. To the rich these numbers mean nothing. But to someone who took 7 months to get a $300 iPod it means something. (For those of you know dont know this is the middle class) So what is the solution to this problem? Netflix. Cheap and unlimited. Excellent for the middle class for movies. There are multiple music services that people can obtain cheap to listen to good legal music. But what is this? Comcast wants to block services you pay for like Netflix if you stream. Whats next? Snail mail will block netflix because it takes up too much space in the mail trucks? Now whats left?.......hmmm.....OH YEAH an over pirced movie ticket. Or an over price blu-ray with "digital copy" for $30. Its like you pay for two movies! Isnt it GREAT! You can watch it at work while you get fired for watching movies on your 3 inch screen while you are not typeing on your keyboard doing usless work. Well thats not good because humans benefit from doing hours of mindless work. So now what!?! You have no money for any entertainment. Think hard. Ah-HA! Leach off your parents network and watch movies for free using file sharing! See that was not so hard was it.

  72. Exactly by Anonymous Coward · · Score: 0

    I own over 500 movies and 300 CDs, if I download a few extra that are ludicrously priced for the amount of value or entertainment it would provide me, then who cares. I still support the artists that give me an excellent product by buying their releases, but if I run out of money, it's not like I could buy more anyway. I buy what I can afford. If it meant moving to a subscription model where I could pay the same amount I do now and then "rent" unlimited movies/tracks/games, I would not move to that model because when my subscription is gone, then so are the products that I actually would pay money for to own. Besides, I pay CD taxes, hard drive taxes, DVD taxes anyway, so really fuck off. Regarding software, I have everything I need thanks to open source, and I try and contribute where my expertise lets me. If it's tech support, helping familiarize users, art, translation, or documentation I do that. Everything I've coded that works well enough I release.

  73. The people is more than the artists by Anonymous Coward · · Score: 0

    The people is more than the artists. Artists are also the people. Do you think George Harrison was helped by the lawsuit against copying?

    No.

    How about IBM in the SCO case?

    No.

    Over enthusiastic copyright is a problem to everyone who doesn't make their money from the FACT of over-enthusiastic copyright (like the rightsholders who are not themselves artists).

    1. Re:The people is more than the artists by Americano · · Score: 1

      So you've added a third group of people the government must serve, and whose interests compete with those of the file sharers and the RIAA, as well. Thanks for underscoring my point.

      Or were you disagreeing?

  74. Why leechers download by MpVpRb · · Score: 1

    From TFA...For the leechers, pretty obviously, the major motivation was financial. They wanted to acquire music or films without paying for it because it was cheaper than going out to buy it.

    Probably true for some..but not all.

    Other reasons to download

    No DRM

    Legal copy out of "print" or otherwise unavailable in your country

  75. Welcome to the information Age. by VortexCortex · · Score: 1

    In this new age of information, exact data duplication and instant worldwide distribution is easy, cheap and commonplace.

    Our old laws do not coincide with the capabilities of today.

    Think of it this way: I am a programmer, I work on open-source software. I get paid to do so. I only get paid when I do work. I have also worked on closed-source applications, I also only got paid for the work I did on those products.

    I don't get paid when I sit on my ass and let people copy the past work I have done. I place adverts on my documentation & distribution sites to recoup the costs of hosting the data -- I get paid when the work of serving the data takes place, and I must pay to have machines online that make my data available.

    I don't get paid when duplicates are created using other people's hardware. I do get paid for my work when I assist other people in the use of software with their hardware.

    A janitor does not get paid when they are not cleaning. A football player does not get paid if their contract expires and they no longer play football. A barber does not get paid when they are not cutting hair. A construction worker does not get paid when they are not building. A police officer does not get paid when they are not on duty.

    Artists should, and do get paid when they work. When a painter paints a painting they can sell the original. When an author pens a book or script, they can sell it to a publisher (many times they are paid in advance). When a musician plays for an audience or recording studio they are doing work, they get paid.

    When a publisher is mass producing a book of paintings, a novel, or an album of songs the artist is not working, they get paid a small fraction of what the publisher makes, if anything at all. An artist may help production via book-signings, appearing at sales events or displaying their art in exhibitions; This is work for which they should and do get paid.

    In the age of information "publishing" is so cheap, easy, and commonplace that anyone can do it, and basic economic principals are observed: No matter the demand, as supply approaches infinity cost tends toward zero.

    Economics are no different today than before the information age. The only thing that has changed is that we all have our own affordable data duplication machines. This has brought the cost of copies down to nearly nil.

    How many times were these words copied between routers before you saw them? All Internet traffic, even iTunes data, is copied many times before it reaches the destination. The old copy laws simply can not be upheld -- Are all the router operators between the Amazon MP3 server and my PC subject to their EULA or even copyright law?

    If cheap & reliable robotic janitors become commonplace, janitors have less work to do, and the janitorial industry changes appropriately. Automobile assembly line workers have already been through this transition.

    Bottom line: Eventually artists & authors will only get paid when they do work, just like anyone else. They will not be able to capitalize on money generated by distribution of copies of their prior work.. Copies are infinitely available, and therefore worth nil.

    Since cheap & reliable data copiers have become commonplace, the copy-business must be reformed. No matter how much the copy industry resists the change, they can't fight economics and technology forever. The media industry must, and will change to accommodate the new age; Payment models will be reformed.

    We live at the cusp of the new age, the stresses we feel are expected.

  76. Let's not please equate file sharing with piracy. by master_p · · Score: 1

    File sharing is a way to freely distribute content. That is not illegal. What is illegal is distributed copyrighted material.

    If file sharing is equated to piracy, then this has a direct consequence on the freedom of information: any information shared electronically in the form of files (i.e. all free content out there) would be subject to strict control.

  77. incorrect summary by Surt · · Score: 1

    The article clearly states that they don't see what they are doing as immoral, not that they don't see what they are doing as illegal. They are altruists, not just stupid. This is a pretty important distinction. If they didn't think they were doing something illegal, that's a whole different story.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  78. If they could deliver, people would pay by empty_other · · Score: 1

    I dont own one of these fancy modern television set or dvd players and i am too lazy to go outside. So i sit here and wish it was possible to buy moving pictures without leaving my too comfortable chair. There is a legend that this is possible to buy in the lands far away from here, but the path to the digital shoppe is guarded by a sign saying "Not available in your country".

  79. Altrusim? No. POWER! No pants! by Anonymous Coward · · Score: 0

    With just a few clicks of my mouse i can steal MILLIONS OF DOLLARS from the media mafia!

    They have divisions of people dedicated to stopping me from clicking my mouse and taking all their money!
    There are law enforcement divisions dedicated to stopping me!
    Politicians have been bought and laws passed to stop me!
    Rich media mafia kingpins lose sleep over me and my mouse!
    And they STILL can't stop me!

    Imagine! With just the twitch of a finger i can steal more money from the music industry than some countrys are worth!
    With just a few minutes of clicking i can steal more money than has ever existed in the entire world anywhere, ever!

    That's some power right there.. And i didn't even need to wear pants.

  80. Oblig Jefferson Quote by Anonymous Coward · · Score: 0

    If a law is unjust, a man not only right to disobey it, he is obligated to do so.

    1. Re:Oblig Jefferson Quote by Kalriath · · Score: 1

      Except that the law is not unjust. The extent and the penalties are.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  81. Flawed Analogy by Koreantoast · · Score: 1

    I believe your analogy is flawed however, and you touch on those reasons a bit in your closing argument.

    When a master chef prepares a meal or a master hairdresser cuts your hair, what you are purchasing is their services. Recipes and pictures of hair styles don't matter because it takes a skill that limited individuals possess to reproduce their work. If we view recipes as the music produced, it would be more a situation where the song and chords are known to the public, and you have dozens of bands popping up to do covers of the work. For software, it would be more that the concepts and theories are known and various clones are produced by smaller software shops (in video games for example, think of all those bad RTS clones that try to mimic Starcraft or Warcraft). These individuals can use the "recipes" or "pictures" to reproduce it, but they can't create something identical to what the masters produced. However, those individuals may take those chord progressions, those game examples, and evolve it into something new to advance the field.

    However, file-sharing is different because technology has created what you referred to as the "autocooks" and enabled us to create perfect or near perfect reproductions of the final product. We're not replicating the recipes here, we are replicating the actual food itself. The master chef is driven out of business because people no longer have to go into his restaurant to taste his skill, they can simply go get an exact replica. The same goes with the hair stylist. Now those individuals can theoretically survive by simply innovating and producing faster than the autocooks and autohairdressers can replicate their craft or by making their services available to the small fraction who's still willing to pay at exorbitant markups to make up for loss of quantity, but for most, it becomes near impossible to keep up with that game in a sustained manner. That's the challenge that filesharing brings, and that is what copyright is supposed to protect against.

    There are plenty of reasons that the current system is flawed with various third parties that exploit the artists and craftsmen, and there's plenty of room for new paradigms to replace the existing copyright and trademark system. Unfortunately, I have yet to see a successful alternative system executed that would maintain the scale of industry that we want and that the mainstream population is ready to accept.

    1. Re:Flawed Analogy by HungryHobo · · Score: 1

      Recipes and pictures of hair styles don't matter because it takes a skill that limited individuals possess to reproduce their work.

      and yet if I perform a copyrighted piece of music in public with an instrument using skill and personal effort I still have to pay royalties.
      And strangely the same is not true if I copy someone dish or hairstyle.

      People who are making lots of money under any current system will always be against it and money talks so it's not going to change.
      But it's interesting to think about.

      In the UK most full time musicians are at or close to the poverty line, the same can not be said about professional chefs.

      And perhaps part of the reason is that while when I go for a night out there's normally live music being performed in the clubs and pubs along with food and drinks being served the performers often have to pay a significant chunk of their income in royalties to various companies if they're playing popular songs.
      The chef in the back doesn't have to do the same whenever he prepares a popular dish.

  82. Judicial activism by Anonymous Coward · · Score: 0

    How would that notion apply to the Civil Rights Act of 1964? The whole point of the US government is that there are checks and balances even against the people. It shouldn't be possible to deprive people of their rights just because a significant number of people think it proper.

    The Civil Rights Act only became a necessity after pre-existing Amendments to the Constitution were interpreted via cases such as 1873's Slaughterhouse decisions to justify Jim Crowe legislation, condoning systematic political intimidation and repression of minorities. If you accept the premises of government's operation which you outline for yourself, Jim Crowe wouldn't have been possible...and yet the elected Congress required a Civil Rights Act to make it extra-special clear for the unapologetic racists amongst state-legislatures, still running state-granted monopolies and denying education, opportunity and income within their own community, based on skin color.

    Which turns the question to what we agree is wrong, not what a significant number can justify. The Civil Rights Act was not passed via these methods:

    If you believe that the current model is outdated, You can lobby. you can vote. you can inform. you can raise awareness. you can debate.

    From Brown v. Board of Education to Rosa Parks and beyond, it was a coordinated campaign of non-violence and civil disobedience in order to have real juries see and decide for themselves what was happening, aka breaking the law, technically. It was the federal government which eventually decided to monitor and harass civil rights leaders, especially if they disagreed with the Vietnam War, and to portray them in media as Communists who sympathized with Soviet authoritarianism.

  83. Re:What about file shearing old games that are not by IBBoard · · Score: 1

    Bargain bin != second hand (at least not to me). Supermarkets have bargain bins. Places like Woolworths have bargain bins. Shops like Game used to have bargain shelves (all the white label stuff) until they decided overpriced console bling was the way to go. Second-hand games are different.

  84. Updated Jefferson Quote by MysteriousPreacher · · Score: 1

    If a man feels he shouldn't have to pay for movies, a man not only has the right to download Toy Story 3, he is obligated to do so.

    Yup, definitely what Jefferson had in mind there.

    --
    -- Using the preview button since 2005
  85. Filesharering is not a bank robbery. by Anonymous Coward · · Score: 0

    It is obvious the music market has changed. The consumers have today all possabilities to hear every available music or watching videos in a better quality than the standards of 1980 in cinema. The Filesharer has the possibility to download every type of file. Many filesharer are looking for example for all gigs about Frank Zappa. And sure they would never pay for a version which was never commercialized sold in a music-store. Filesharing is a for most people just a Filter, to distinguish between good and bad versions or Old/New.

    My Amount of Money which i have spent for Music and Videos was over the pas 30 years constant, while hearing and consuming a lot of online available medias. I would not spent more money just beacause i have the possibility to hear or watch more.

    The Music and Video Industry faces a more complicated market. This is the point. The consumer is not easy managable (while paying for his and the artists pleasure) anymore, with the Internet-Era. But the same problem have also the big newspaper-industry around the world. Is somebody copying the newspapers from Internet? No. But the amount of readers are going constantly downwards. To bash all the time the Filesharers the industry should face the new marketing situation.

    In the last 30 years the Quality of a CD-Productions is worse in comparison to the LP's of the 1980's. The Amount of Artists has risen up, but the quality for which the consumer should pay, is very low. The consumer dont want to hear all the time the same bloody shit. They want to experiment, hear something which they never heard of. they want to explore.

    POP-Music is commercialized. There are very good commercialized pop-music. But you dont hear something new anymore. Not really. You have to search. While looking in the P2P-Files. and making then your decision which sort of music or artist you like to spend your money for.

    good day.

  86. Necessity by zooblethorpe · · Score: 1

    (maybe creativity thrives even more when protected?)

    Trite, but true -- Necessity is the mother of all invention.

    So I would argue that protection is not conducive to creativity, and instead very likely has the effect of inhibiting creativity by removing most motivation to do the work to implement creative ideas.

    Just my 2p.

    Cheers,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
  87. exact style and content of his music is important! by chocolatetrumpet · · Score: 1

    The exact style and content of his music is largely irrelevant.

    I beg to differ!

    Jonathan Coulton writes lyrics targeted to a technologically savvy audience, and distributes online, exactly where his target market is available. He has the perfect storm of content distribution and audience demographic.

    --
    Spoon not. Fork, or fork not. There is no spoon.
  88. Post-scarcity by Anonymous Coward · · Score: 0

    Post-scarcity took our jobs! Destroy it!

  89. Link to the original paper by mrogers · · Score: 1
    For those without access to the journal Information Economics and Policy, I've uploaded the original paper here.

    That'll be $5, please.

  90. Concerts by jwhitener · · Score: 1

    Personally, I think music artists should only get paid by doing concerts.

    Digital copies of their music should be distributed far and wide, for free, as advertising for the live shows. Radio plays music for free over the air. The difference between radio and file sharing is only separated by convenience. It is much more convenient to get the specific song you want, when you want it, then to wait for it to play on the radio.

    I would be willing to pay a convenience fee to whatever services is streaming and/or storing the music, but the copy of the music, in and of itself, should not have any value. Once something can be copied with zero effort, it is foolish to rely on that copy as your source of revenue. The same should apply for movies. Make the content available through reasonably priced, convenient channels (netflix, hulu, etc.. ) and I'll gladly pay a convenience fee. But the copy of the movie should not have any inherent worth.

    Movie theaters with full meals, nicer chairs, and beer, do very well here in Portland. http://www.mcmenamins.com/

    They don't play the latest movies though. I'm assuming it is too costly to have the latest blockbuster. They wait a while, then show it. Movie studios shooting themselves in the foot again.

    Make going to the movies an experience again (pub theaters, kid theaters with play areas, etc..) and rely on that showing (concert) to make your money.

  91. In addition to technical resources... by KingAlanI · · Score: 1

    In addition to technical resources, time spent collecting and assembling the stuff into easily and usefully distributable form, and telling people about it.

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  92. Still calling others names, metrix007? by Anonymous Coward · · Score: 0

    A metrix007 "classic" w/ he acting the trolling skimming fool, with his own words quoted making him into a fool:

    "1.Oliver Days article. He talks about using a HOSTS file as a WHITELIST" - by metrix007 (200091)on Monday December 06, @01:23PM (#34462242)

    FROM -> http://yro.slashdot.org/comments.pl?sid=1888084&cid=34462614

    LOL, oh, really? See this quote from said article then specifically on how a highly esteemed program in SPYBOT "Search & Destroy" does what I state (blacklisting):

    "More recently, projects like Spybot Search and Destroy offer lists of known malicious servers to add a layer of defense against trojans and other forms of malware." Mr. Oliver Day of SECURITYFOCUS.COM -> Source Article quoted from here -> A RETURN TO THE KILLFILE -> http://www.securityfocus.com/columnists/491

    metrix007 can't even get THAT much right, and it was there for him to read!

    2 posts later, he even "gave up" after trying to disprove a list of 15 points I post here in favor of HOSTS files use, which gives a user more speed, AND FAR MORE SECURITY in the same file!

    ---

    Then, metrix007 (who could not show anyone he had in fact really taken a logic course and passed it from an accredited college/university no less) misuses his "forums illogic" here in that same exchange. Metrix007's own words quoted again for proof thereof:

    "He is clearly ignorant/misinformed" - by metrix007 (200091) on Monday November 29, @02:08PM (#34377556)

    from -> http://slashdot.org/comments.pl?sid=1888084&cid=34378092 (where he also did much more trying to attack myself, rather than the points he was challenged to later dispute & disprove, of which you can see his "results" lol, above, quoted!)

    Funny that: When metrix007 was confronted to say what he thought I said was "ignorant and misinformed"?

    He failed right away on his 1st "so-called point", shown quoted above with accompanying evidence from the source I used no less that disproves him, & he failed yet again, miserably no less, because of his skimming + his arrogance!

    ---

    metrix007 also AGAIN tried to use "logic" as his defense later, and yet his derisive attacks using name tossing are a violation of one of logical debates' tenets ("ad hominem attack" - meaning "to the man" & attacking the man, rather than his points)):

    "You're an idiot." - by metrix007 (200091) on Monday December 06, @02:39PM (#34463470)

    That's an ad hominem attack AGAIN from metrix007, right there, because yet again? metrix007 resorts to what he understands only, in name calling... but that's attacking the man, not his points, violating logical debate rules.

    ---

    However, in the end, if/when you use facts and the ignorance, skimming, and stupidity of trolls like metrix007, you get THIS result (they run and they show their "true colors"):

    "I give up..." - by metrix007 (200091) on Monday December 06, @02:39PM (#34463470)

    from -> http://yro.slashdot.org/comments.pl?sid=1888084&cid=34463470

    Where he also stated "you don't know what you're talking about or doing" in that reply... funny that: See the start of this reply from myself... it seems to show QUITE the opposite (lmao).

    APK

    P.S.-> In short: metrix007's an ad hominem attack utilizing skimming troll who likes to impersonate others as well and that entire thread above shows it clearly with his own words quoted. The facts speak for me, and in his own words quoted to support my statements to that effect here, as well as his trolling name tossing and impersonating others actio

  93. Capitalism has no goals, it's a means for an end by jonaskoelker · · Score: 1

    Sigh...not even sure what I'm trying to say other than I'm not sure what the end goal of a capitalistic society is.

    I'm not sure exactly what you mean by "capitalistic", because different people mean different things, but here's one take.

    One meaning of "capitalism" might be equivalently named "Economic rationalism"; that is, the meta-policy of doing what makes sense under the assumption that the theories of economics are an reasonably accurate model of the world.

    That includes free markets as they optimize [consumer surplus + producer surplus]. It also includes regulation to internalize externalities, and to limit the deadweight losses of monopoly and with [mono=oligo and/or poly=psony], and deadweight losses (inefficiencies) of cartels. There are arguments to be made that economic rationalism includes copyrights ("the incentive to produce is not big enough without"), and there are arguments against ("the first-mover advantage is incentive enough").

    In my view, it also includes some results of behavioral economics. People are generally risk-averse, let's take that into account when shaping society. The utility of money seems to be sub-linear, which seems to favor redistributing wealth until everyone is equal. There might be arguments based on negative incentive effects against that, though.

    Now, the purpose or end-goal of this?

    Well, the set of values one might pick up from an economics textbook is "don't impoverish people", i.e. make the sum of all wealth and happiness* across people as large as it can go; favor the policies that enhance rather than diminish wealth and well-being.

    (* economics tends to favor the measurable, in particular wealth. In that sense, it's the guy looking for his keys under the lamp rather than where he dropped them, because of the favorable lighting conditions.)

    So, in that interpretation, the goal of capitalism doesn't exist; it has no goal. It is the tool by which we achieve the social goal of making as many people as happy as can be.

    (Now, whether it exists anywhere and whether it works are two different questions...)

  94. Re:Capitalism has no goals, it's a means for an en by lymond01 · · Score: 1

    I've never taken an economics course, but from what you wrote there it seems that what we are currently doing isn't so much capitalism as...umm...feudalism? The wealth is certainly not trying to be spread, at least not by the wealthy. There seem to be enough of them that they can have it exchange hands amongst themselves without worrying too much about how the rest of us work out. They benefit from the non-wealthy through quantity not quality of our expenditures. If less of us are spending, it does affect them.

    Anyway, interesting post. :-)