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The Case For Piracy

An anonymous reader writes "A mainstream media outlet has published an article called 'The Case for Piracy. The writer shows how copyright has been hijacked by corporations and that publishers are their own worst enemies. 'One of the main reasons we all have anti-piracy slogans embedded in our brains is because the music industry chose to try and protect its existing market and revenue streams at all costs and marginalise and vilify those who didn't want to conform to the harsh new rules being set.' There's a lot in the article that Slashdot readers can relate to, and it's interesting that so many replies seem to agree with the author."

318 comments

  1. Change cannot be stopped by paulsnx2 · · Score: 5, Insightful

    The fundamental problem Strong Copyright has with piracy is that technology is going to *continue* to advance. This will make copying even easier in the future than it is now. Encryption and Peer to Peer networks are going to increase in power, and will be easier to use.

    The only way to maintain Strong Copyright is through government force. Increasingly it isn't about stopping people from doing "bad things" like "stealing" content. Instead it becomes a Government managed and controlled system for collecting income for a few favored parties.

    Strong Copyright is about protecting the public. It is about protecting the few at the top that can rake in the dough.

    1. Re:Change cannot be stopped by paulsnx2 · · Score: 4, Informative

      "Strong Copyright is *not* about protecting the public"

      sheesh.... No matter how hard I try to proof read, I still screw up! We need to be able to edit our own posts Slashdot!

    2. Re:Change cannot be stopped by Anonymous Coward · · Score: 0, Insightful

      The fundamental problem with laws against murder is that weapon technology is going to *continue* to advance. This will make killing people even easier in the future than it is now. Assault rifles and incendiary explosives are going to increase in power, and will be easier to use.

      The only way to maintain laws against murder is through government force. Increasingly it isn't about stopping people from doing "bad things" like "killing people". Instead it becomes a Government managed and controlled system for collecting income for a few favored parties.

    3. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      I agree, let's let cops shoot people in the heads for downloading an mp3.
      WE can give them advanced armor and technology and call them Judges...

      I AM THE LAW!

    4. Re:Change cannot be stopped by Thiez · · Score: 1

      > Encryption and Peer to Peer networks are going to increase in power, and will be easier to use.

      There's really no need for encryption to increase in power. Unless new weaknesses are found, most of the standard encryption schemes will take far longer (by many orders of magnitude) than a human lifetime to break. For the purpose of piracy, that should be long enough; you can't get prosecuted for copyright infringement when you're dead.

    5. Re:Change cannot be stopped by TarMil · · Score: 2

      Talk about fallacy.

      The reason why people don't kill so much is not that it's hard. It's always been easy to kill someone when you want to.

      The reason why people don't kill so much is that it's against their morality. On the other hand, it's not against their morality to listen to music.

    6. Re:Change cannot be stopped by frosty_tsm · · Score: 1

      "Strong Copyright is *not* about protecting the public" sheesh.... No matter how hard I try to proof read, I still screw up! We need to be able to edit our own posts Slashdot!

      And yet there are those select few who think you were correct the first time.

    7. Re:Change cannot be stopped by mistiry · · Score: 1

      However, as technology increases, the amount of time necessary to break today's encryption schemes will be reduced, thus making the need for stronger encryption schemes.

    8. Re:Change cannot be stopped by Moryath · · Score: 4, Interesting

      The secondary problem with "strong copyright" is that copyright has become disconnected from the lifetime of the medium on which the performance/art/work is rendered.

      Copyright is what now, 95 years for "work for hire" and life-of-author-plus-70 for independent? Compare that to the sales lifetime (or even TWICE the sales lifetime) of a standard video game console - a "decade lifetime" is pushing it. Atari 2600's and original NES units are considered antiques. Good luck even FINDING a working Vectrex.

      Hell, even for non-gaming - a while back Slashdot had a story about a guy who built a homebrew Cray-1 replica. His biggest problem? FINDING SOFTWARE TO TEST IT WITH. Nobody kept the discs around, and the few discs that are even findable today have succumbed to bit-rot.

      From that article:
      After searching the internet exhaustively, I contacted the Computer History Musuem and they didn’t have any either. They also informed me that apparently SGI destroyed Cray’s old software archives before spinning them off again in the late 90s. I filed a couple of FOIA requests with scary government agencies that also came up dry. I wound up e-mailing back and forth with a bunch of former Cray employees and also came up *mostly* dry. My current best hope is a guy I was able to track down that happened to own an 80 MB ‘disk pack’ from a Cray-1 Maintenance Control Unit (the Cray-1 was so complicated, it required a dedicated mini-computer just to boot it!), although it still remains to be seen if I’ll actually get a chance to try to recover it.

      Under current "copyright", his asking for software copies is technically a violation of copyright.

      "Copyright" has ceased to be what it originally was. The promise of copyright is that the protected creation is protected for a limited time, WHENCE IT SHALL ENTER THE PUBLIC DOMAIN AND BE AVAILABLE. Increasingly, copyright has instead become a fucking scam to promote forced obsolescence and premature death-of-product and prevent even historians from preserving the work for posterity.

    9. Re:Change cannot be stopped by ByOhTek · · Score: 2, Insightful

      It is about protecting the public, but not in the sense that the GP believes.

      It is about protecting the public by keeping an incentive for the produces of works of art, to keep producing. That incentive is financial compensation. It allows them to produce these works as a job, rather than in their free time, allowing them to produce more. This then provides more options for public consumption. There's arguments for some kind of patronage system - but what incentive do the patrons have - if it is a painting, something where the original can be easily determined and have a set value, something displayable on a wall for all to see, with appreciating value, then that is one thing. But with books, music and movies, that doesn't work so well. These patrons usually don't won't money by dumb luck, they have it because they want to make it - that means they are not going to pay thousands to millions of dollars for something that will give them a few hours of enjoyment, unless they can expect to get some financial compensation back - usually in excess of what they pay.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    10. Re:Change cannot be stopped by paulsnx2 · · Score: 3, Insightful

      Actually, if you are not murdering people, those that don't die benefit. Mostly this is the public, as weapons are rarely trained on the rich and the wealthy that can afford to avoid dangerous situations and pay for protection. It is the common man that mostly gets mowed down. And if the government is preventing the sell of new weapons systems to people, then those at the top are getting punished.

      You are trying to tie the idea of the Government enforcing laws that protect the public with Strong Copyright which does not protect the public but just the favored few. Any amount of effort looking at the differences between copyright and weapons systems, and it is clear that your analogy totally breaks down. The right thing (control weapons to save lives) benefits the public and takes away from the profits of those at the top. The right thing (weaker copyright to grant more freedoms and less liability as people share and develop content) benefits the public and takes away from the profits of those at the top.

      In the case of copyright, "those at the top" are not the actual content producers by far and large. Copyright now extends 70 years AFTER the content producer is dead and buried. How is copyright about funding content producers if more than half its term is after the content producer is dead?

      Try again.

    11. Re:Change cannot be stopped by countertrolling · · Score: 1

      We need to be able to edit our own posts Slashdot!

      Never! Just do like you just did. Make a subsequent post. Fixed comments are what keeps Slashdot ahead of the rest.

      --
      For justice, we must go to Don Corleone
    12. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      Nice, oh except that is a straw man argument. You can not compare Murder to Copyright infringement. One is a heinous act and the other is Murder.

    13. Re:Change cannot be stopped by blahplusplus · · Score: 4, Insightful

      Strong Copyright is NOT about protecting the public. It is about protecting the few at the top that can rake in the dough.

      No doubt about this, the truth is the public can't defend itself the money power because only a small portion of the population even understands the issues correctly to make any kind of sound decision regarding policy.

    14. Re:Change cannot be stopped by paulsnx2 · · Score: 5, Insightful

      Copyright extends 70 years after the Content Producer is dead and buried. If more than half the term is after they are dead, how is that an incentive for the producers of works of art to keep producing?

      Have you bought a new Cash album lately? Watched a new Hope movie? A new Carry Grant film?

      How about a new hit from the folks that brought you "Happy Birthday?" (I would have used their name, but we don't really know who wrote it, but Time Warner Music still gets 2 Million a year off its copyright anyway).

      I think there would be more incentive to produce if Content Providers had to compete with a larger body of free work. Their stuff would have to be better to sell, but hey! They could actually use "Happy Birthday" in their movie without paying Time Warner Music (That Great Content Producer!) 10 grand for the right to use a song written in the late 1800's.

    15. Re:Change cannot be stopped by paulsnx2 · · Score: 2

      ever! Just do like you just did. Make a subsequent post. Fixed comments are what keeps Slashdot ahead of the rest.

      Funny that you left the Subject alone. Ironic, no?

    16. Re:Change cannot be stopped by Luckyo · · Score: 3, Interesting

      You're making an argument AGAINST strong copyright. Strong copyright diminishes incentive to produce new work, and increases pressure on new writers due to retarded "you copied me" issues. Art has traditionally influenced other art, and one fundamental part of locking down copyright is to charge for anything that has been significantly influenced by your art.

    17. Re:Change cannot be stopped by king+neckbeard · · Score: 2, Insightful

      You don't need STRONG copyright for that. 10 years has that covered easily if you hold that notion to be true. Also, copyright is a weird holdover from medieval economics. Legal monopolies pretty much only make sense for utilities, and the economics of artistic works is the polar opposite.

      --
      This is my signature. There are many like it, but this one is mine.
    18. Re:Change cannot be stopped by 0123456 · · Score: 2

      However, as technology increases, the amount of time necessary to break today's encryption schemes will be reduced, thus making the need for stronger encryption schemes.

      A 256-bit secret key algorithm is already unbreakable through brute force by any means known; the problem is that encryption is useless for copy protection if you also have to give the recipient the key.

      You'd have to build a computer which was 'secure' from the ground up and wouldn't even boot an operating system which wasn't signed by a 'trusted' developer, which had DRM built into the core all the way through to the output device.

      Oh, wait...

    19. Re:Change cannot be stopped by Thiez · · Score: 1

      No, it won't. In the absence of cryptographic weaknesses, a 256-bits key can never be brute-forced, not even in theory.

    20. Re:Change cannot be stopped by Anonymous Coward · · Score: 1

      No one disputes short term protection. But even trolls like you must know that Elvis hasn't made a record since the 70s. Why are his 50s recordings still under copyright? Yes, half a century later, decades after his death, his recordings are still protected by law. And as soon as they are about to expire, the protection period will be extended once again. Some Beatles music should be public domain by now, the copyright extensions ensure they aren't. If the copyright was good enough 60 years ago to protect arguably the two biggest assets in the music industry back then, why do they need perpetual extensions?

    21. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      Advocatus diaboli mode:

      Governments can keep passing more laws. Take ACTA for example. With those laws comes more ability to hunt down and arrest/sue people.

      With this in mind, we will be seeing ever more demands on ISPs to retain information, either logs, packet headers, or even entire dumps of subscriber connections, legal attempts to stomp out anonymity. Of course, the next step are VPNs, but those are being attacked, either by being demanded to keep logs, or being banned from use as in Pakistan.

      We also see hardware getting more locked down, except perhaps in the Android arena (assuming Google unlocks Moto bootloaders.) Windows 8 requires a keyed BIOS to boot.

      So, piracy isn't getting much easier. P2P for the most part is still limited by trackers, and is slowly being pushed to private sites. Yes, stuff can get cracked, but there are more things in the process these days. First, with Windows it was just finding a CD key. Now it is dealing with activation, genuine checks, and with Windows 8, getting around hardware level signatures.

      The one ironic thing about all this. All the software companies said that if piracy was gone, prices would go down.

      Bullshit. Cost of things are going up. Consoles require network fees, costs to DLC, having to buy Doritos to compete with the n00bs who drink Mountain Dew and get XP bonuses. When piracy is conquered, the software companies can jack up prices into the stratosphere. However, when piracy is common, software companies have to be reasonable on their pricing.

      I've also heard a reply to this by someone I know who works in the industry. "Prices are high because people have to pay the price for their past piracy."

      So, when piracy loses, we all lose.

      This doesn't mean that IP infringement is OK, but it shows that without any controls, software companies can price gouge to their delight.

    22. Re:Change cannot be stopped by ByOhTek · · Score: 0

      I didn't say that copyright wasn't broken. I said that piracy is not the solution. Even so, that incentive of profit, EVEN AFTER THE DEATH OF THE CREATOR, is part of the incentive of these investors to help fund the creators in the first place.

      Is the system being abused by those on top: hell yes. Should copyright laws be fixed to prevent this: again, hell yes.
      Piracy doesn't fix them.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    23. Re:Change cannot be stopped by datavirtue · · Score: 0

      The corp owns the copyright....and they live forever.

      --
      I object to power without constructive purpose. --Spock
    24. Re:Change cannot be stopped by ByOhTek · · Score: 1

      Oh, and indie work isn't piracy.

      Also, it's only when indie work is good (which in my experience, it rarely is, even compared to the shit produced by content mills), will it be sufficient motivator to produce better stuff.

      What we need is more content publishing companies, that way these companies *really* have to compete with each other for their artists, and maybe support more artists overall - which means competing with each other for peoples money, and lowering prices as well.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    25. Re:Change cannot be stopped by DrgnDancer · · Score: 1

      Guarantee that by the end of the day his original comment will have been modded down at least once, and commented on by at least three people who won't bother to read his correction and immediately fly to refute the accidental notion that "Strong Copyright is about protecting the public." There's already one comment to his correction that seems to have missed the fact that he was replying to his own comment and is misinterpreting the grandparent post. I don't necessarily agree with his initial post, but it was reasonably well thought out and mostly coherent; it's a real shame that one small typo is going to get it a lot of pointless commentary and likely moderation which completely misses his point.

      I understand that by disallowing editing they're trying to protect the moderation system, but surely there's another way. I'd be perfectly happy if edits cleared moderation or something.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    26. Re:Change cannot be stopped by ByOhTek · · Score: 0

      No, I'm not.

      People tend to want "fresh" media. How many people do you know that go out and by movies 40 years old? 20 years old? 10 years old? less than 5 years old? How about movies? This still holds fairly well for music, though it does break down for books.

      As the older stuff reduces in sales, the content creators still need to make more media, so they can actually live off of their work.

      My bigger point, though I didn't explicitly state it, was that piracy, and a system that helps/encourages it doesn't help at all. I removes any incentive for content creators to create, other than the joy of creation, and you can't use that to buy dinner or a roof over your head.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    27. Re:Change cannot be stopped by ByOhTek · · Score: 1

      There's a difference between quantity and quality.

      10-20 years of STRONG copyright is fine. 70 years is pretty absurd, if for nothing else, except for a few rarities, only books have much value if over 20 years old.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    28. Re:Change cannot be stopped by Ja'Achan · · Score: 2

      "Strong Copyright is *not* about protecting the public"
      sheesh.... No matter how hard I try to proof read, I still screw up! We need to be able to edit our own posts Slashdot!

      Actually - they won't allow you to edit Slashdot posts in order to protect the public.

    29. Re:Change cannot be stopped by TheRaven64 · · Score: 1

      Encryption is feasible now that would require the entire mass of the universe to be working on breaking it and still be infeasible in the lifetime of the universe. For most algorithms, adding one bit to the key length adds a small (fixed) amount of complexity to the process of encoding or decoding, but doubles the effort required for a brute force attack. You don't need to do this very many times before you end up with something that is completely secure against brute forcing on a classical computer (quantum computers change the rules somewhat). Encryption has not been broken by throwing more processing power at the problem for decades. It is now always cracked by flaws in the implementation or (very occasionally) by flaws in the algorithm.

      --
      I am TheRaven on Soylent News
    30. Re:Change cannot be stopped by AngryDeuce · · Score: 5, Informative

      It is about protecting the public by keeping an incentive for the produces of works of art, to keep producing. That incentive is financial compensation.

      Funny, art was created for thousands of years before it was turned into a commodity. The common theme of "no one will create if they don't receive compensation for it!" is simply not true: Look at all the free software that is all over the web. Look at all the self-produced music all over Youtube. Look at all the self-produced artwork on DeviantArt. Look at all the self-produced novels being printed via Amazon.

      What we're seeing today is a bunch of huge corporations that wrested control of artistic works they didn't in themselves create and attempt to hold on to the rights to it forever, long after the death (and often against the wishes of) the person that actually created it. Piracy is helping destroy their monopoly on content dispersal through mainstreaming other methods of distribution.

      So yes, while we can all shed a tear for the millions of Metallica songs that were stolen via Napster (I guess), I think we're missing the greater benefits to society as a whole that came out of it. Not so good for Big Media, and not so good for the lucky few content creators they allow to become wealthy in order to attract more content creators they can suck up into the machine, but good for consumers.

      We've been making art since we first started scratching designs into rocks and painting on cave walls...and I am quite sure that the concept of paying for said art came much, much later.

    31. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      Copyright is not (and never was) about protecting the public. It's about protecting publishers (and subsequently the content creators they hire, but the publishers have little care for creators who don't work for them)

      See, creating incentives to create art is not protecting the public, because it assumes the public wasn't creating enough incentives on its own, which is not true, since the public is the free market, and the free market is perfectly capable of deciding what it wants (and for how much)

      Copyright tries to override what the free market wants with what publishers want. Thus, copyright does not protect the public, but only the publishers.

    32. Re:Change cannot be stopped by mcmonkey · · Score: 1

      The fundamental problem Strong Copyright has with piracy is that technology is going to *continue* to advance. This will make copying even easier in the future than it is now.

      Yes, that is an issue, but not the fundamental problem.

      The fundamental problem is fear. Fear leads to anger. Anger leads to hate. Hate leads to suffering.

      No...wait, that's not it.

      Look at movies and home video. Movie studios were so fearful of video tapes and home video, so fearful of change. And now? It's not that home video hasn't bankrupted Hollywood, it's in fact made Hollywood more profitable. The "pirates" saved the movie barons from themselves.

      It's the same with music. I'm convinced the CD was on its way out before mp3 came along. The pirates showed the music industry a more profitable way to distribute music. CD singles? Were those going to keep RIAA members in business? But now anyone can buy a single song from iTunes. And pay a premium to do it.

      If you want to argue the battle of technology and piracy, you really talking about producers v. distributors. Technology (home video, music downloads, sheet music back in the day) favors the distributors with a wider reach at cost to the performer (live theatre, live music).

      Of course, now technology is progressed to the point to shift the balance of power back towards the producer. I can self-publish my eBook, I can put my mp3 on MySapce, I can blog or tweet without going hat in hand to the main stream distributors.

      The way it ought to be.

      Each advance in technology has been like a vaccine. You don't want it, it hurts for a moment, but it makes you stronger.

      And if you think it causes autism, you were probably retarded to begin with.

    33. Re:Change cannot be stopped by itsenrique · · Score: 1

      No doubt about this, the truth is the public can't defend itself the money power because only a small portion of the population even understands the issues correctly to make any kind of sound decision regarding policy.

      And why are you so sure? If people are unable to make sound decisions it is because of all the information they are bombarded with about it already (bought and paid for). I think people can, and did, make reasonable decisions about copyright that have become outdated and eroded by industry for increased profit at our expense.

    34. Re:Change cannot be stopped by mrops · · Score: 0

      Not only that, raking millions means that one hit wonders will come and go, whereas had they made say 100K per work of art, they would be motivated to work again as soon as the 100K runs out.

    35. Re:Change cannot be stopped by king+neckbeard · · Score: 2

      You are correct that there is a difference between force and duration, although I don't see a good argument for forceful copyright. The majority of the value for an author is in preventing commercial copying, which is something that would be present in the weakest copyright regimes. Strong copyright limits personal copying and derivative works. Harshly limiting those typically do little for authors, let alone the public. The fact that rightsholders often do stupid things when given power probably doesn't help much either.

      --
      This is my signature. There are many like it, but this one is mine.
    36. Re:Change cannot be stopped by Eivind · · Score: 1

      It's both - offcourse you will not generally do stuff that you personally hold to be wrong - but you'll also do less stuff that you're likely to be punished for, even if you personally find it okay.

      And to have copyright actually enforcable, would required a totalitarian police-state, and even then it'd be tricky to discover violations of the "hand a copy on a usb-stick to your cousin" variety.

      Requiring a totalitarian police-state to be practical, is a pretty strong argument against a law - there's few things important enough that it'd be worth that price, and copyright sure as hell isn't.

    37. Re:Change cannot be stopped by Anomalyst · · Score: 1

      It is about protecting the public by keeping an incentive for the produces of works of art, to keep producing. That incentive is financial compensation.

      Absolutely, Harry CHapin, John Lennon, Ernest Hemingway, John Steinbeck are all incentivised to keep producing their works of genius for public enjoyment and personal remuneration... oh wait.

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    38. Re:Change cannot be stopped by SuricouRaven · · Score: 1

      In which case the copyright duration is 95 years in the US. Currently. It's widely anticipated that it will be extended yet again once Steamboat Willie starts drawing close to public domain - Disney will spend billions on lobbying to protect their copyright on the Micky Mouse character, if that's what it takes.

    39. Re:Change cannot be stopped by hackertourist · · Score: 1

      Have you bought a new Cash album lately?

      Actually, yes. Several albums have been finished and released since Cash's death a few years ago. Old archive material that had never been released before, and the projects he worked on in the years before his death. This is only feasible if the copyright on the works extends beyond the owner's death.

      I'm not arguing that current copyright terms aren't ridiculous, but here is a case where a copyright cutoff at the owner's death would have prevented albums from being published (since there wouldn't have been any money in publishing them).

    40. Re:Change cannot be stopped by SuricouRaven · · Score: 2

      The thousands of pieces of indie crap problem is solveable now. It's one of the few good things to come from social networking - word of mouth speads fast. Good artists will become well known, while the bad ones shall remain obscure. Like me.

    41. Re:Change cannot be stopped by Fned · · Score: 1

      It is about protecting the public, but not in the sense that the GP believes.

      It is about protecting the public by keeping an incentive for the produces of works of art, to keep producing. That incentive is financial compensation. It allows them to produce these works as a job, rather than in their free time, allowing them to produce more. This then provides more options for public consumption.

      This USED to be what Strong Copyright was about, but back when you were little/before you were born, it got hijacked into a system to protect corporate profits indefinitely. This was even before computer technology reduced the discrete value of any copy of information to zero.

      There's arguments for some kind of patronage system - but what incentive do the patrons have - if it is a painting, something where the original can be easily determined and have a set value, something displayable on a wall for all to see, with appreciating value, then that is one thing. But with books, music and movies, that doesn't work so well.

      Crowdsourced patronage is the ONLY technological way to restrict access to digital or digitizable works. Get people to pay to have it made, and then make the product and publish it. Just like movies and books and records are made now, but without the now-absurd step of a middleman trying to sell things that have no value and taking the lion's share of the money in return.

    42. Re:Change cannot be stopped by SuricouRaven · · Score: 1

      Not by conventional computers. In theory, a quantum computer could break public key encryption, since it can factorise products of two primes in O(log(n)) rather than O(2^n). Such devices may become available, but not for another decade at least. I don't know if one would be any good on symmetric encryption though.

    43. Re:Change cannot be stopped by paulsnx2 · · Score: 4, Insightful

      No, the length of copyright is an incentive for the investors (I would say publishers/labels/studios/etc. ) to take ownership of the copyrights, and deny the creators compensation at all.

    44. Re:Change cannot be stopped by blahplusplus · · Score: 1

      How many people who pirate stuff really care about copyright/licensing/patent issues in depth though? I doubt many do.

    45. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      True, and most works of art now are not displayed on a wall. Rather they're kept locked in very expensive warehouses and traded in Sotheby's. Most of the works never see the light of day, they just move from one "patron"'s closet to another one. Fine Art is still a better investment than stocks or gold, IMHO.. but Fine Art benefits from artists imitating each other, look at Warhol... whereas the big music industry does not.

    46. Re:Change cannot be stopped by Anonymous Coward · · Score: 0
    47. Re:Change cannot be stopped by jedidiah · · Score: 1

      Once something is in the public domain, there doesn't need to be some sort of "profit incentive".

      Anyone that has access to the material can make it public. Modern technology will do the rest.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    48. Re:Change cannot be stopped by repapetilto · · Score: 1

      They could have just released it for free, im sure fans would have mixed it and done all the work.

    49. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      No, it won't. In the absence of cryptographic weaknesses, a 256-bits key can never be brute-forced, not even in theory.

      Hm, okay, okay, that's an improvement. At least you're TRYING to troll believably, rather than just ejaculating out the standard cookie-cutter racist/homophobic remarks we get around here. I'll give you credit there.

    50. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      Would you propose an exception for works covered under a copyleft license such as the GPL, or should those works be allowed to enter the public domain after 10 years?

    51. Re:Change cannot be stopped by nospam007 · · Score: 2

      "Old archive material that had never been released before, and the projects he worked on in the years before his death. This is only feasible if the copyright on the works extends beyond the owner's death."

      So they _copied_ some old tracks and made money because he, being dead, cannot prevent them from doing so and they share the loot with his heirs?
      That's your rationalization for copyright laws?

      How about living, breathing artists getting some money instead of the heirs of a dead one?

    52. Re:Change cannot be stopped by Pieroxy · · Score: 3, Insightful

      I didn't say that copyright wasn't broken. I said that piracy is not the solution.

      Nobody says piracy is the solution. People says that piracy is INEVITABLE. There is nothing anyone can do to prevent people from sharing information, save a completely totalitarian regime. In all other regimes, people will be able to freely communicate. Hence, they will be able to pirate digital media, which is nothing more than a collection of bits.

    53. Re:Change cannot be stopped by green1 · · Score: 4, Insightful

      Why doesn't anyone dispute short term protection?

      For that vast majority of human history there was no such thing as copyright, or trademark, or patent, and the world did just fine.

      When Shakespeare wrote his plays you were free to watch a play, and then get your troupe of actors together and reproduce it exactly in another theatre with no legal ramifications.
      When Beethoven wrote his symphonies you could copy the sheet music and have your own orchestra play it.
      Think of all the art in any form that existed back then. Think of the inventions that happened despite a lack of any protections.

      Why shouldn't we dispute the whole concept of protection for imaginary property? Nobody has ever provided any proof that it provides a net societal benefit, but much damage to society is obvious in it's enforcement.

    54. Re:Change cannot be stopped by cheekyjohnson · · Score: 1

      "Strong" meaning what, exactly?

      --
      Filthy, filthy copyrapists!
    55. Re:Change cannot be stopped by Opportunist · · Score: 4, Insightful

      There is nothing the public could possibly have to gain from strong copyright. Balanced copyright I can see, but once the balance has been tipped towards "stronger", the public is the loser.

      A balanced copyright allows creators to actually create and live off their creation. Which is not only ok, it's pretty much mandatory in our time and age where (aside of music) most content is a matter of investment. Computer programs and movies are a matter of spending a lot of dough in their creation. If that money cannot be recovered, they will not be produced. Don't quote me the "love for art" or similar things. They will produce a few Blair Witch Projects and Worlds of Goo, or other low budget movies and games, but as we all know the majority of good, quality movies and games comes from a lot of people spending a lot of time doing a lot of work they don't really do for the "love of it". For the "love of it", you'll get what the programmer or the movie director wants to do. Which is surprisingly rarely what the customer actually wants to see or play.

      But copyright went overboard, we're at the point where it's no longer just to recover the money spent. Copyright is about control today, more than ever before. How many movies, how many games are simply gone because whoever created them doesn't want to sell them to you? How many ideas, characters and plots cannot be brought back to life because those that had an idea to use them are not allowed to use them, and who may doesn't want to for whatever reason?

      This is where copyright failed, and where it hurts the public. Balanced copyright means more content. Stronger copyright leads to less in the long run.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    56. Re:Change cannot be stopped by Thiez · · Score: 1

      Perhaps you're trolling, I am not.

      If you look at the energy required just to cycle through all the values of a 256-bit counter, without doing any other useful work, that's more energy than is released in a supernova. Bruce Schneier has done the math for us: http://www.schneier.com/blog/archives/2009/09/the_doghouse_cr.html

      We simply don't have the energy available to do such a thing, regardless of how much faster our computers become.

    57. Re:Change cannot be stopped by Antisyzygy · · Score: 1

      The issue is that the artists, particularly in movies, and music, are getting severely ripped off by the record and movie companies. Understandably its partially their fault for signing usurious contracts, but you have a constant push by the record industry to legally steal all of artistic works so that even the artist has no right to perform it or profit from it.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    58. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      i personally think the problem is the pirates themselves, it's all economics. they have a product to sell, if one person buys a $40 TV season on Blu-Ray, and then copies it for 100 friends, the sellers just lost $4,000, now if someone buys a $60 game and copies it for the entire world, the developer loses millions. when they lose the money, they can't make more games. then the pirates just get pissed at them for not making something new for them to steal, they're just stupid.

    59. Re:Change cannot be stopped by muuh-gnu · · Score: 1

      North Korea style mass surveillance, mass censorship and mass punishment in order to make sharing of "prohibited information" a life threatening activity.

    60. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      When you start throwing around phrases like "not even in theory" regarding brute-forceability ("in theory" covers an awful lot of territory, you know; requiring "more energy than is released in a supernova" makes something impractical, not theoretically impossible) in the same breath as an entirely theoretical absolutely perfect, weakness-free cryptography method, that's the point where you fall right into the category of "troll", or at the very best horribly, horribly ill-informed.

      In other words, what you're saying is that we're supposed to accept your completely theoretical SOLUTIONS, but ignore the equally completely theoretical PROBLEMS it might have. In reality, that's a double standard; why is your completely theoretical idea better than the completely theoretical counterexample?

      The only possible way that line of thinking is any way acceptable is if you're a mad scientist, and even then, it's less "acceptable" than "should have expected it".

    61. Re:Change cannot be stopped by Antisyzygy · · Score: 1

      Yes, enough scraps from the masters table trickles down so that the musicians and artists don't starve, but the successes of their labors are severely gouged by the elite. This system is fucked and the only way to fix it is to eliminate the incentive for big-business to steal peoples works and send them scraps. One way to do this is to limit copyright length and only let extensions to copyright apply to the person who actually made the art/music to begin with within their own lifetime. Inheritance of copyrights should be totally eliminated. This way, you could build a portfolio of works and become an asset yourself rather than be an expendable employee where your record label gets to keep everything you create and axe you whenever they feel like it, meanwhile continuing to profit off of your hard work for over a century. Many wealthy stay wealthy by being parasites on other peoples labor, just like feudal Europe. They gouge the profits from the labor off of enough people and pocket the profits from it. Its feudalism cleverly masked as free market, plain and simple. I have written 50+ songs over the years, and it is a massive time investment. It usually took 10-20 hours per song just to "get it right", then even more time to record it, master it, etc. Do I think I deserve money for it or am entitled to profits? Nope, only if people like it and want to buy it, but I'll be damned if someone is going to "own" my songs when I was the one that created them (many with my friend who I consider 50/50 co-owner). My children have no right to "own" my songs either, because they can go create their own if they want. Once I die, I expect all of my works to enter the public domain, as it should be. I would even support that happening after 20 years. After all, many songs from the 60's are sufficienty wide spread they should be considered public domain, as they have integrated into our culture.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    62. Re:Change cannot be stopped by hackertourist · · Score: 1

      If I have to choose between giving money to the latest teenybopper sensation or the estate of Johnny Cash, then yes, my choice would be the heirs.

      And no, they didn't just copy some old tracks. Production is an integral part of publishing music, and in this case production wasn't finished. So they spent money creating recordings that are worth listening to. Why would Cash object to recordings being released postmortem? Quite the contrary: he knew he wouldn't be able to finish production on all the recordings he'd made, so he prepared songs to be released after his death.

    63. Re:Change cannot be stopped by AngryDeuce · · Score: 1

      I'd be perfectly happy if edits cleared moderation or something.

      I agree completely, although I think there would have to be a limit of one edit per post, as well as a short window of time one would be able to edit a post, say 10-15 minutes or so.

      Otherwise, you'd end up with the edit function being abused in order to reset any negative moderation a post may receive. I'm almost positive that is exactly what would happen, honestly...

    64. Re:Change cannot be stopped by kvezach · · Score: 1

      O(n^3), not O(log(n)). If it'd been log(n), the demo quantum computers would already be good enough. As for symmetric crypto, any black box search can be sped up to take the square root of the time it would otherwise take, so a QC would have about as hard a time cracking 256-bit AES as an otherwise comparable classical computer would have cracking 128-bit AES.

    65. Re:Change cannot be stopped by Synerg1y · · Score: 1

      Ron Paul would drop kick you lol.

      Know of the FCC, that's what happens when government controls things like censorship, now picture copyright. I always think back to that family guy episode :P

      Copyright needs to go into the hands of.... SHOCK... the artist, not the gov., not the RIAA, not the MPAA. They are the ones doing the work and they should have a say in it, if they can't control the piracy looks like they'll just have to tour more or not be complete douschebags so people will buy their music... aka the way it should be and we might actually get some decent rock going for the first time in 2 decades.

    66. Re:Change cannot be stopped by paulsnx2 · · Score: 1

      My 14 year old likes Big Band and Swing music. But you are right, he doesn't go out and buy it, but just listens to it on various podcasts.

    67. Re:Change cannot be stopped by Aryden · · Score: 1

      Actually quite a great deal really. I go out and by movies on a regular basis. Much of what I buy is more than 10 years old. The last decade has not produced a significant number of movies that I really care to see more than once. Hell I just bought a set of Audrey Hepburn movies, as well as an additional 11 various movies, all older than 10 years.

    68. Re:Change cannot be stopped by Runaway1956 · · Score: 2

      http://www.baen.com/library/

      1. Online piracy — while it is definitely illegal and immoral — is, as a practical problem, nothing more than (at most) a nuisance. We're talking brats stealing chewing gum, here, not the Barbary Pirates.

      2. Losses any author suffers from piracy are almost certainly offset by the additional publicity which, in practice, any kind of free copies of a book usually engender. Whatever the moral difference, which certainly exists, the practical effect of online piracy is no different from that of any existing method by which readers may obtain books for free or at reduced cost: public libraries, friends borrowing and loaning each other books, used book stores, promotional copies, etc.

      3. Any cure which relies on tighter regulation of the market — especially the kind of extreme measures being advocated by some people — is far worse than the disease. As a widespread phenomenon rather than a nuisance, piracy occurs when artificial restrictions in the market jack up prices beyond what people think are reasonable. The "regulation-enforcement-more regulation" strategy is a bottomless pit which continually recreates (on a larger scale) the problem it supposedly solves. And that commercial effect is often compounded by the more general damage done to social and political freedom.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    69. Re:Change cannot be stopped by ByOhTek · · Score: 1

      The majority of the value is preventing large free access to people who would have otherwise paid.

      Ex:

      Lets say I write a book that's pretty good (not great, but most readers find it worth their time).
      * 100,000 copies are sold
      * 1,000,000 people download it from the net
      * 10% of the people who have downloaded it, would have bought it if they didn't have the internet copy
      * 5% of those people who downloaded it, also bought it, but wouldn't have if they hadn't pirated it.

      If I make $0.10/book, I've still lost $500, I've lost 1/3 of my potential gain due to piracy. This is a huge incentive. Given the majority of copyright infringement, to my knowledge, is free sharing, this is still where the loss will be.

      That sure as hell would hurt me as an author.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    70. Re:Change cannot be stopped by CodeHxr · · Score: 1

      How many movies, how many games are simply gone because whoever created them doesn't want to sell them to you? How many ideas, characters and plots cannot be brought back to life because those that had an idea to use them are not allowed to use them, and who may doesn't want to for whatever reason?

      While I agree with the majority of your post, if I create something and decide to stop selling it, lock it away, and never let it see the light of day, that should be my right. At least until it becomes public domain anyway.

    71. Re:Change cannot be stopped by ByOhTek · · Score: 1

      Allow lawsuits with reasonable sums and limited legal action against offenders.

      For people who sell copyright materials of others - all the proceeds plus a decent fine per work. Possibly jail time (at most, a small number of years)
      For people who distribute (not sell), a small fine (maybe 10% of the estimated sale of the materials), minimal jail time (90 days or less)
      For people who pirate - pay the full MSRP for the product to the manufacturer.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    72. Re:Change cannot be stopped by Tanktalus · · Score: 2

      I don't think anyone argues that copyright should be "cut off" at the creator's death. Merely that it should be a static number of years, period. (We don't want someone killing Britney Spears just to get her latest hit put in the public domain. At least, not for that reason.) I could also handle a copyright that started at time of first publishing (as "trade secret" laws would likely handle the before-publication part), which would still give those who owned the new Cash albums a reasonable time to generate profit from the creation.

    73. Re:Change cannot be stopped by ByOhTek · · Score: 2

      The later one should be 'who receive' rather than 'who pirate'

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    74. Re:Change cannot be stopped by Luckyo · · Score: 2

      We can draw a direct example from history from one of the biggest proponents of copyright in 19th century: Samuel Clemens (aka Mark Twain).

      To avoid copyright expiration he would often create various things that added to value of his work, such as sequels, and then sell the package once original works' copyright expired. Back then, short and weak copyright did exactly what it was designed to do - give author incentive to create more work.

    75. Re:Change cannot be stopped by orgelspieler · · Score: 1

      I think you've hit the nail on the head. The real solution to copyright problems is making your own content, or getting into a consortium with those who can. That's what CC is all about. The next best thing is to boycott RIAA, MPAA and the big publishing houses. The problem with that theory is that most of what you can get for free is really subpar.

    76. Re:Change cannot be stopped by wierd_w · · Score: 2

      What is good for the goose is good for the gander.

      Allowing corporations to make use of 10 year old code as public domain would spur adoption of innovative ideas, which bolsters progress, and diminishes stagnation.

      Currently, with the rapid evolution permitted (and enforced) by the gpl, many radical ideas come to light. Does it matter to the consumer if one agent or another invests in that public good? (This is naturally only true when things remain unencumbered by patents.)

      The idea that gpl was created to be a sacred cow is wrong headed. Gpl was created as a hack, to permit and protect the free sharing ideology that is idealized by a healthy and robust public domain. It is a hack to prevent a tradgedy of the commons.

    77. Re:Change cannot be stopped by king+neckbeard · · Score: 1

      You left out commercial copyright infringement here, where another publisher undercuts your publisher, and you get no money from those copies. That would be a lot more detrimental to your sales, but it can be practically enforced, unlike copyright on a personal scale.

      Of course, this is hypothetical, because books that are pretty good get $0 in royalties. All their payment is in the advance, and enough royalties aren't made to get money past the advance. In practice, authors were better off with a lump sum payment for a manuscript (in regions without copyright) over a smaller advance with the false hope of royalties (in regions with copyright). Incidentally, those without copyright got more books for much cheaper prices as well. Publishers were the real beneficiaries of copyright.

      --
      This is my signature. There are many like it, but this one is mine.
    78. Re:Change cannot be stopped by kdemetter · · Score: 1

      A lot of music today seems to be engineered to make you want it , but then after listening to it 20x times, it's not good anymore.
      So they are like drugdealers : they get you hooked by having it played on the radio , and then you really want it , so you buy it.

      The only difference is, I'm getting that drug for free now :-)

      I have no problem paying artists of good music . But then i want to pay the artists, not the record companies. Why should i pay record companies when i'm the one doing the distribution ?

    79. Re:Change cannot be stopped by babblefrog · · Score: 1

      I'm guessing that most people would have chosen legal methods back in the day if they were available and inexpensive and easy to use.. Now that the piracy infrastructure is in place, and people are used to using it, it is going to be extremely difficult to get that genie back into the bottle.

    80. Re:Change cannot be stopped by Requiem18th · · Score: 2

      Actually there is a connection between slashdot not allowing you to edit your comments and strong copyright protections.

      The issue is sacrifice.

      You can't really allow people to make minor corrections to their post without opening the chance that the comments will change meaning, which will make the discussion none sense since comments will me replying to words that no longer exist. To protect the conversation, you have to set it in stone, posts with mistakes are the sacrifice we make to achieve a consistent conversation.

      In the same vein, to protect constantly increasing copyrights we have to make a lot of sacrifices, loss of privacy, loss of self determination, overreaching government surveillance and disproportional punishments.

      The case to be made is that the sacrifice is not worth it.and the fruit is spoiled, we don't need "life of author+70 years" to protect innovation, and we don't need big brother to ensure profits.

      I'd say some piracy is acceptable price for civil liberties, and sane copyright terms would go a long way to ensure copyright infringement goes down.

      --
      But... the future refused to change.
    81. Re:Change cannot be stopped by kdemetter · · Score: 2

      An idea :

      Release your book chapter by chapter on your website, and put up a donation button.
      Put up a counter : after a target donation sum has been reached, release the next chapter.

      If the book is good enough, you can be sure people will want to see the next chapters, so they will pay for it.
      Afterwards, the book is available for free ( but those who want that need to wait longer ).

    82. Re:Change cannot be stopped by HTH+NE1 · · Score: 1

      People who skip commercials are stealing television.
      People who wear body armor are stealing your ammunition.
      People who fluoridate water are sapping and impurifying all our precious bodily fluids.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    83. Re:Change cannot be stopped by Digital+Vomit · · Score: 1

      While I agree with the majority of your post, if I create something and decide to stop selling it, lock it away, and never let it see the light of day, that should be my right.

      Why on earth would anyone think this? Sociopathy? Megalomania? Why???

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    84. Re:Change cannot be stopped by HTH+NE1 · · Score: 1

      Encryption is feasible now that would require the entire mass of the universe to be working on breaking it and still be infeasible in the lifetime of the universe.

      So, longer than a human lifetime plus 70 years? That seems... unconstitutionally excessive.

      No, I'm not going to trust that the copyright holder will show up 70 years after his death and provide the key.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    85. Re:Change cannot be stopped by SuricouRaven · · Score: 1

      n^3 is still a whole lot better than 2^n though. A quantum computer of the 2030s may make short work of current cryptography. I'm sure new, quantum-proof methods will be developed to take their place though. Something to worry about only if you're encrypting data now that may be of value still in twenty years, and expect attackers dedicated enough to keep a copy all that time until the tech becomes available.

    86. Re:Change cannot be stopped by madmark1 · · Score: 1

      I think it might well be helpful to simply stop allowing the assigning of copyrights to someone else. If we really want the authors of artistic works to benefit, and keep predatory corporations from abusing the system, the easiest fix is to make copyright non-transferable. Shorten the term, certainly, to what it was originally, but make sure the artists keep it. If the corporations want in on the action, rather than screwing an artist and taking control of the copyright, it remains with the author at all times, and they can enter a contract with that author to secure some portion of the proceeds.

      Under this system, the entirety of the monetary incentive rests with the author, not some third party who wedged themselves in the middle. If they choose to increase the possibility of monetary compensation, they can partner with a corporation to provide publicity, distribution, and whatever else, for some set amount of money, or percentage of the outcome, or even for exclusive license to the content for some period of time.

      Under this system, also, there is no incentive for Disney to continue pushing longer extensions to make sure Mickey doesn't become public domain, because their portion of the contract would have long expired, as Walt kept the rights personally, the company did not own it.

    87. Re:Change cannot be stopped by Antisyzygy · · Score: 1

      My original idea was that you can only extend copyrights for yourself to some maximum, otherwise the copyright expires after a short period of time. That way, it still allows the rights to acquire copyrights, and the rights to sell them but the buyer will not be able to keep it very long in comparison to the creator. Say a copyright has 5 years to start, and is renewable up to 3-4 times for another 5 years only if it is held by the original creator. The only issue with this is with bands that share the copyright for their music, you would need to probably transfer ownership to the remaining members that renewed if one of them sold of their stake once it expired or let it expire. Anyway, I would also support your idea since its infinitely better than the current system.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    88. Re:Change cannot be stopped by paulsnx2 · · Score: 1

      >There's really no need for encryption to increase in power.

      The "increase in power" is likely to be in the form of more useful distributed and encrypted storage via cheaper storage, with faster access via faster networks.

      The actual algorithms for encryption don't have to be improved upon (though I have no doubt that they will be) for the general line of thought to be valid.

      Encryption that is tough to use and understand how to use isn't useful. Integrated Encryption that occurs automatically with better storage and management of security keys will be an "increase in power" even if the algorithms themselves are the same. I did not intend for the "easier to use" component to be divorced from the "increase in power" component of the statement.

    89. Re:Change cannot be stopped by paulsnx2 · · Score: 2

      Funny you should mention buying a $40 TV season.

      I pay about 60 dollars a month for cable, which provides said TV seasons. They have a DVR feature. Just the other day, that featured failed to record the 2nd episode of House for me. Instead it recorded some lame strange show that I can't recognize.

      I can't go to AT&T and get my 2nd episode. Maybe I can watch it on Hulu or something. But why bother? Say I download the thing. And now I am a pirate?

      At the end of the year, I have paid 60x12 or 720 dollars into the system. Do I have any of these "seasons" of TV? No. The stupid DVR can hold about 20 or 30 shows. Period. I have watched some T.V. here and there (not much because I work too much), and I got nothing to show for it. Over 20 years this is like $14,000 spent and gone blowing in the wind.

      There are good reasons to cut the cable, and buy maybe an outstanding show on DVD every now and then. Watch a bit of video over the Internet. But increasingly there is no way cable justifies its costs.

      You are going to claim they have to have that money from that DVD or Blu-Ray to make money? They are gouging today, and if they made their product legitimately priced for people, they could sell it. Piracy only occurs where the business has failed to make their product available for a reasonable price under a reasonable distribution agreement.

      It is like the starving folk hunting the "King's Deer." Yeah, some idiots are going to go and take what they shouldn't take regardless. But where everyone as reasonable access to food and hunting and protection, the people (mostly) leave the King's Deer alone. Jack up the price of food, kill them with fees and taxes, and people go and hunt the King's Deer.

      Piracy is quite usefully the canary in the coal mind, indicating where businesses are gouging and not providing product at the price that makes sense in the market.

    90. Re:Change cannot be stopped by jc42 · · Score: 3, Interesting

      How many people do you know that go out and by movies 40 years old? 20 years old? 10 years old? less than 5 years old? How about movies? This still holds fairly well for music, ...

      Huh? You must know a very different crowd of musicians than I do. There is a lively market for music over a century old. There are a lot of publishers still profiting from selling the music of Beethoven, Mozart, Bach, etc., although everything they wrote is long out of copyright.

      Just last night, I played for a Simchat Torah service, and we played a number of tunes that are known to be over 100 years old. The audience loved it. We also did some songs that were newer, 10 or 30 years old, and the audience sang along. A couple of days earlier, I played at a local contra dance, where we also played tunes that were several centuries old. Several were published by Playford, back in the 17th century. The dance crowd gave us lots of compliments for our music, although none of it was "new" by the recording industry's standards.

      There is a serious copyright problem that is starting to hit the "old music" part of the market, though. Publishers have developed the idea that, although a tune may be public domain, their published version of it is copyrighted -- and if you play exactly the notes they published, you have violated their copyright (even if you've never seen their publication). I know a number of people who consciously refuse to play exactly the same tune that's in any of their tune books, as a result. This sorta causes problems when people are trying to play together. And it doesn't actually protect you from the threat of a lawsuit, because you can't have all the published versions in your head, or if you do, it's hard to avoid accidentally duplicating one of them occasionally.

      It used to be that "copyright" existed to prevent one publisher from copying and republishing another publisher's work. Now, it's used to prevent musicians from performing music that has been published. This is a serious perversion of the original concept of copyright. In the long run, it could kill much of the publishers' market for printed music. In particular, many original editions are now available online, mostly free in academic archives. If you learn music from them, you will probably be safe from prosecution. I have a PDF of an out-of-copyright work from the 1820s on my screen right now, and I'm prepared to present it in court if any publisher sues me for copyright infringement when I perform any of the music. And I'll probably file a countersuit if they do. A lawyer friend has assured me that claiming copyright on an 1820s original manuscript is a clearcut case of consumer fraud that he'd enjoy fighting. So far, experience is that when you mention this, publishers tend to quickly back off, but you never know when they'll decide to push it.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    91. Re:Change cannot be stopped by kerohazel · · Score: 1

      There really needs to be a preservation/orphan works clause in our copyright laws to prevent stuff from being lost to the ages.

      It saddens me that we have the technology to keep our knowledge and art alive for eternity, yet we have laws that almost guarantee it won't survive... not without corporate sponsorship, anyway.

      --
      Skype is too convoluted... Now I'm reverse-engineering the Kyoto Protocol.
    92. Re:Change cannot be stopped by tzanger · · Score: 1

      I would never buy a book chapter by chapter. Sorry.

    93. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      This will make copying even easier in the future than it is now.

      "Ease of copying" applies to both producers and consumers. It doesn't change the balance of power. Sure it could make piracy easier. It also makes distribution easier (=cheaper, faster, more convenient, more flexible etc.). The dinosaurs however aren't taking advantage of that.

    94. Re:Change cannot be stopped by CycleMan · · Score: 1

      I am one of those. I am buying LPs because the stuff is better than most of the industrially mass-produced and committee-reviewed stuff coming out nowadays. Not an audiophile, just appreciate the kinds of things they produced back then. I actually smile and laugh when I buy an LP younger than I am.

    95. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      Copyright duration in the US is over 110 years on sound recordings through "state copyright laws"; there is no end date known.

    96. Re:Change cannot be stopped by cpt+kangarooski · · Score: 1

      It's been known to be done profitably, though. Dickens published his novels in serial format, before the chapters were collected and printed as a single volume, and they were hugely popular. Readers worldwide eagerly awaited each month's installment. It's a lot like weekly TV dramas.

      --
      -- 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.
    97. Re:Change cannot be stopped by OeLeWaPpErKe · · Score: 1

      That's a really good argument, but it doesn't work in favor of piracy. Piracy robs "the bad guys" *and* creators of their income.

      Piracy only fixes the problem in the sense that an bullets cure cancer.

    98. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      There is nothing anyone can do to prevent people from sharing information, save a completely totalitarian regime.

      You Americans are so cute. You're saying this as if 80% of the world's population lives in countries where free sharing of information is allowed.

      In reality, of course, you're the 20%, and 80% live (by this standard) under totalitarian regimes. Even Europe has laws restricting the spread of information ("hate" laws, protections for state institutions, protections for unions, ever more draconian and invasive copyright protections like 3 strikes ...). I wonder if even 30% of the world's population even wants freedom of speech, or even the USians itself, given the large portion of USians that want all sorts of protections (like racism laws, massively expanded "state secrets", direct protection for ideologies, ...). In the US there might actually be a majority in favor of freedom of speech, but I doubt there is even a single other country where a significant minority wants that.

      I am afraid that change can absolutely be stopped. Why, just ask Iranians, you know, those older than 40 for a very extreme example (or, frankly, any middle eastern woman that has lived for a few decades). Or find the nearest Tibetan, or find an Indian that survived the "peaceful" separation between India and Pakistan. Freedoms are quickly and suddenly lost.

      Don't think you're invincible. Especially if you're up against 80% of the world's population.

    99. Re:Change cannot be stopped by Eli+Gottlieb · · Score: 1

      Because back before any short-term protection, making a living as a "creative" mostly required patronage of the wealthy.

      Nowadays, we have several mechanisms to get around that: government arts funding and copyright are the primary two.

    100. Re:Change cannot be stopped by Eli+Gottlieb · · Score: 1

      Ummm... I write an open-source project, and if I could get compensation for my work, I totally would. Problem is, nobody is going to look at an early-stage open-source programming language and compiler and say, "here's $100 for a copy". There's no grants committee I know of to whom I can apply for funding, either. It bascally comes down to: I put in a lot of labor-of-love hard work, and eventually if people like the tentative releases enough, they start to contribute in kind. That leaves me with a damn large initial barrier to overcome: designing and building something to the point of usable releases.

    101. Re:Change cannot be stopped by Noitatsidem · · Score: 1

      Agreed, would one expect people who already own whatever it is you copyrighted and "locked away" to just toss it in a fire? People bought it, you can stop illegal distribution, but not legal distribution (like used copies.) You shouldn't have the right to take away something that you've given to people, it's theirs now. Period.
      With that being said, why not just have a public announcement saying "hey guys, I'd appreciate it if you'd stop circulating [whatever], simply because I've had a change of heart." Another option would be to allow a refunding of returned products, but after all that money you made I doubt you'd want to do that. Simply put, think before you release.

      --
      Feel free to mod me down, just know that unlike some Anonymous Cowards I'm not afraid to express my views as myself.
    102. Re:Change cannot be stopped by Opportunist · · Score: 1

      Dunno, I can't reach George Lucas for a statement.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    103. Re:Change cannot be stopped by Pieroxy · · Score: 1

      You completely and utterly misunderstood me. There is no regime currently on earth that prevents anyone from stepping into their neighbor's home and share information. The so called laws you're talking about are for public statements, they do no prevent anyone from sharing an encrypted ZIP file to anyone by email.

      So no, everyone is in the 100% I'm talking about, free to share information with everyone they see fit.

      Public statements is another matter. And if you think change can be stopped, you've learned very little from history. Oh, sure, locally and temporarily, it can be stopped. But it will go ahead at some point. It is just slowing it down a little.

    104. Re:Change cannot be stopped by green1 · · Score: 1

      I can see why that's a bad thing for a specific artist... but I don't see how that's a bad thing for society in general.

    105. Re:Change cannot be stopped by Waccoon · · Score: 1

      I refuse to believe that.

      People understand the risks, but they keep smoking. People understand the risks, but they drive while texting. People understand the risks, but they put themselves in $50,000+ of credit card debt.

      Apathy is the greatest enemy of a free society. Bread and circuses.

    106. Re:Change cannot be stopped by Psykechan · · Score: 1

      if I create something and decide to stop selling it, lock it away, and never let it see the light of day, that should be my right. At least until it becomes public domain anyway.

      Once you start selling it, you have distributed it into the public. Copyright is a limited time after initial distribution where the copyright holder is the only one who can control the distribution for the purposes of profit. The reason others cannot distribute it for free is because it would affect the copyright holders profit. Copyright is not a right, it is a limited privilege granted for the purpose of furthering the creation of more works.

      Public domain is a right. It is the shared cultural knowledge that moves humanity forward. If you don't want to participate in the public domain then keep your works to yourself! You can't take your ball and go home because once you've distributed it from that first sale, it is now the public's ball not yours.

    107. Re:Change cannot be stopped by WOOFYGOOFY · · Score: 1
      You didn't finish you sentence.

      ..to take ownership of the copyrights, and deny the creators compensation at all and bribe Congressional members with promises of campaign contributions , er I mean lobby Congressional members to extend the copyright protection even further into the future ala Mickey Mouse / Sonny Bono fiasco.

    108. Re:Change cannot be stopped by Coren22 · · Score: 1

      The problem that has arisen is, because of Disney, NOTHING will ever be public domain again. Every time "Steamboat Willie" comes close to becoming public domain, Disney pushes for copyright extensions in congress. What I don't particularly understand about this however is that "Steamboat Willie" doesn't make Disney any money, and Mickie Mouse is a trademark, so it isn't like they will lose their ownership of the trademark just because his first appearance becomes public domain. As long as copyright duration continue to be extended, the public domain loses.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    109. Re:Change cannot be stopped by Anonymous Coward · · Score: 0

      Basically the free camsite business model, in other words. The more people pay, the better the show gets. Everyone benefits.

      'course they usually have some way to keep leechers from getting everything for free... private shows and such.

    110. Re:Change cannot be stopped by swalve · · Score: 1

      Since when do we work just to recover money spent? It only costs me $7 to get to and from work. I guess that should be my pay, right?

      Copyright doesn't stifle real creativity, it stifles "consumptive creativity", where people take the good ideas of others and riff off of them. It's not the same thing.

    111. Re:Change cannot be stopped by swalve · · Score: 1

      Enslave the creative!

    112. Re:Change cannot be stopped by swalve · · Score: 1

      Why shouldn't those recordings be protected by law?? Why should the creative arts be any less profitable than the more mundane arts like building businesses or investing money?

    113. Re:Change cannot be stopped by swalve · · Score: 1

      You don't get more by compensating less.

  2. Music by Murdoch5 · · Score: 1

    When the music store wants to carry the bands I listen to and when the iTunes store and other like stores want to carry the Music I like I'll stop downloading.

    1. Re:Music by j00r0m4nc3r · · Score: 3, Insightful

      Not me. The only time I will ever buy music is from the band itself at a show, or directly from the band online. Or unless I know that the publisher has absolutely no ties to the RIAA or any RIAA-related entity, which is pretty hard to determine. Anything that comes out on an RIAA-related label I will download illegally, in hopes that artists will eventually stop signing to those bloodsuckers. Yes, it hurts for the artists, I make no illusions about that, but when you make a deal with the devil you must accept the consequences... Stop signing with RIAA labels and you will get my money.

    2. Re:Music by Murdoch5 · · Score: 1

      I have nothing against buying music, it's just that I can never find the music I want and the stores wont order the cd's in for me.

    3. Re:Music by chronoglass · · Score: 1

      and the intarwebs doesn't have it either! it's so underground it can only be obtained illegally, that way listening to it is illegal, which is why it's so underground.

    4. Re:Music by Murdoch5 · · Score: 1

      Trying to get music shipping into Canada will cost you more then a house, so like I said the music store should carry it. or iTunes store should carry it.

    5. Re:Music by DrgnDancer · · Score: 1

      I'm curious. Where can you find a band that is not on iTunes? I know a guy who self-produced an album literally in his garage using his guitar, a performance mike, and his computer. His album is on iTunes. It's literally so easy to be on iTunes that someone with no production equipment at all can throw his self-produced CD-R released "for my friends and family" strumming up there. Why would any band that had any vague idea that they might possibly, someday, perhaps want to make any money at all off their album not put it up?

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    6. Re:Music by Murdoch5 · · Score: 1

      the lord weird slough feg, There is a band that iTunes is missing music from. Thats just one example. You can search a lot of extreme black metal bands that also don't appear.

    7. Re:Music by DrgnDancer · · Score: 2

      If you've got any contact with the bands ( and for bands with small fan bases this is common) tell them to get themselves there. It's really, really easy, essentially free (30% cut from sales, but honestly that's not a lot more than materials to make a CD yourself, certainly less than even a good indie label would take) and has the double advantage of allowing fans to get paid for copies of their music, and putting them in the genre search lists... Possibly bringing new fans. I'm service agnostic, they should do this with all the big services.

      I'm friends with a few musicians, the guy I mention in my example is an extreme case, but even people like my friend Beth (Celtic/alt rock fusion) make as much off iTunes these days as they do off CD sales.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    8. Re:Music by Murdoch5 · · Score: 1

      I know but the point is that iTunes is missing music, That was an example of a band I can contact but there are a lot of black metal bands that I can't because of language issues and such. iTunes is getting better then they were but there still a long way off from being a complete music store.

    9. Re:Music by DrgnDancer · · Score: 1

      Fair enough, I simply don't understand why a particular band wouldn't be there. If you've got the resources to have recorded music, you pretty much have the resources to be on iTunes (and/or several other big online stores)... Why cost yourself sales?

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    10. Re:Music by Murdoch5 · · Score: 1

      I don't know either but in this case I have to blame the media face of the music industry and that right now is the record stores and the online music companys like iTunes .

  3. Piracy. by Anonymous Coward · · Score: 0

    A better product than you can buy for ANY amount of money.

    At a price you just can't beat.

    Havent had any of my evil pirated 1's and 0's suddenly decide i'm not the owner and quit working for no reason. Or just because it's now friday. Or had to jump thru multiple steps to use what i didn't pay for. And when friends say 'hey thats cool, can i check it out?' I can say sure. And give it to them right now.

    But stuff i bought.. Software, music and movies have all screwed me on those points many many MANY times in the past. And i just don't want to play that way anymore.

    Sorry. Try again to get my money.

    1. Re:Piracy. by Anonymous Coward · · Score: 0

      +10 agree. Wish I could remember my password and log in 'cause I'd give you some mod points !

    2. Re:Piracy. by Anonymous Coward · · Score: 0

      http://www.thebuzzmedia.com/wp-content/uploads/2010/02/why-people-pirate-movies-steps-to-watching-video.jpg

    3. Re:Piracy. by Lumpy · · Score: 1

      user: cmdrtaco
      pass: cowboynealrocks47

      --
      Do not look at laser with remaining good eye.
  4. Reduce publisher/label overhead by concealment · · Score: 1

    When a writer writes a book, it is sold to the consumer for $25 and the writer sees $1 of it. The same is true of CDs/iTunes, where we pay about $10-15 and the musician sees $1.

    It's unlikely the re-sellers in brick-and-mortar stores can take less of a cut; they have really high overhead.

    The question we need to ask is whether labels and publishers can change their high overhead and still put out a quality product.

    I think we'd all feel better knowing more of the money went to the creator of the music/book we're enjoying, and less to the bloated organizations behind it.

    1. Re:Reduce publisher/label overhead by Lumpy · · Score: 1

      "It's unlikely the re-sellers in brick-and-mortar stores can take less of a cut; they have really high overhead."

      Like executives that must make 7 figures and stockholders that demand dividend payments.

      Eliminate the greed and you eliminate the really high overhead.

      --
      Do not look at laser with remaining good eye.
    2. Re:Reduce publisher/label overhead by Oxford_Comma_Lover · · Score: 1

      Wrong. Both bookselling and publishing are competitive markets. They are becoming less so because of Amazon on the one hand and Barnes and Noble on the other, but they remain competitive, and the profit margins are very thin compared to most businesses.

      That's why there are only a few significant publishers left in America.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    3. Re:Reduce publisher/label overhead by firex726 · · Score: 1

      I think that's part of the issue.

      Publishers and Labels don't do enough to warrant having such a large share of the pot. Sure they give access to venues and other places, but they often times have paid to have exclusive deals with such places.

      I think there would always be a place for a music label, but not how they have it setup now.

    4. Re:Reduce publisher/label overhead by Talderas · · Score: 1

      You're better off trying to commit genocide than eliminating greed. The pirates are just as greedy as the people that cause the ridiculous prices.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    5. Re:Reduce publisher/label overhead by Talderas · · Score: 1

      Strike that, the pirates are more greedy than the publishers and recording industry. They want the pirates $15 and they'll give music. Pirates want their $15 dollars and the music.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    6. Re:Reduce publisher/label overhead by Anonymous Coward · · Score: 0

      They want $15 for about 15 cents worth of music.

      Nice try though.

  5. duh by Anonymous Coward · · Score: 0

    ummmm, did anyone on the internets not know this already?

    simple thought experiment:

    how much music did you have access to in the early 90's?

    how much music do you have access to now?

  6. "Mainstream" by StArSkY · · Score: 1

    Mainstream - maybe,maybe not. But to see a balanced view from a government owned media outlet is encouraging.

    --
    lounge around on the blue couch
    1. Re:"Mainstream" by jonwil · · Score: 1

      As an Aussie, I strongly agree with what is said. Sell me the content I want in a timely fashion and in a way that does not require expensive subscriptions for all sorts of content I dont want (e.g. Pay TV) to get it and I will buy it.

  7. To be fair by Baloroth · · Score: 4, Insightful

    Copyright is good. Linux uses it, news sources use it, our society practically requires it to function properly. Good copyright, that is, copyright that promotes the progress of science and the useful arts. Not the life+70 (or whatever the hell it is now, I can't even keep track) bullshit we have now. That? That hinders science and progress and promotes stagnation. That's all that does. Piracy? Well, it's a counter-active force to a broken system, which is itself broken conceptually. It is a practical, if unfortunate, necessity.

    To all media companies out there: give us what we want (not broken with DRM) and when we want it (not 9 months to 3 years later), and you'll see piracy decline significantly. Oh, and make new innovative product rather than coasting off the work of an earlier genius (Disney, that comment is directed precisely at you.)

    I suppose this is too much to ask. So, then, is paying for the same old recycled crap the media produces. So, people won't.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    1. Re:To be fair by RogerWilco · · Score: 2

      >

      To all media companies out there: give us what we want (not broken with DRM) and when we want it (not 9 months to 3 years later), and you'll see piracy decline significantly.

      I think you missed one. I would phrase it like this: Give us what we want, when we want it, and where we want it.

      The last one is important too, I basically mean format shifting should be allowed and trivial. I have no use for the latest DVD on my smartphone.

      --
      RogerWilco the Adventurous Janitor
    2. Re:To be fair by Baloroth · · Score: 1

      I included that (mentally) under the "what" part, but yes, that too.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    3. Re:To be fair by Zanix · · Score: 1

      To all media companies out there: give us what we want (not broken with DRM) and when we want it (not 9 months to 3 years later), and you'll see piracy decline significantly. Oh, and make new innovative product rather than coasting off the work of an earlier genius (Disney, that comment is directed precisely at you.)

      Don't forget that we want it for a reasonable price. Most of us are willing to pay for something that we consider reasonable. I'm happy to watch TV shows on a company's website that includes commercials but if the company doesn't offer it, I'm not going to go out and buy or rent the full season just to watch one episode. I'm happy to purchase a game that I can play at home and then sell to someone else if I decide I don't want it anymore. I'm not going to pay the same price for a game that I cannot play without internet, I cannot sell to my friends, and I only can install on my own machine so many times before it stops working. Price shouldn't be dependent upon what the company thinks something is worth, it should be dependent upon what people will pay for it.

      Look at what Itunes did for music. They provided a way to purchase songs for a reasonable price and people paid for them. Piracy will never go away, but punishing pirates is not the way to get rid of it. Instead they need to get rid of the reason for the piracy and most people will happily conform.

    4. Re:To be fair by Anonymous Coward · · Score: 0

      Not to mention geographic limitations.

    5. Re:To be fair by QuasiSteve · · Score: 4, Insightful

      Give us what we want, when we want it, and where we want it.

      Okay...
      what - Everything!
      when - Now!
      where - Everywhere!

      Very well. That will be $15/movie, $2.50/episode of a series and $1.99/song, you can log into our media portal and pay via credit card and paypal.

      Not acceptable, right?

      That's because you forgot two...
      price - Preferably free, but we're not unreasonable pirates - $2.50 for a movie, $0.50/episode of a series and $0.02/song (think of it as promotion, we'll be more likely to go see live concerts and buy merchandise - honest!)
      how - Nothing against portals, but we're not too keen on you lot having all of our data and you'd just be doing it wrong anyway by trying to shove crap at us instead of the content we want. So instead, allow anonymous public downloads from an open searchable system (interfacing with imdb and the like would be grand, thanks) and use payment processors to allow anonymous payments for the service. Yes, that does sound like an honor system - why do you ask? Do we not seem like honorable pirates?

    6. Re:To be fair by Anonymous Coward · · Score: 0

      This argument is so weak I'm surprised literate people still use it.

      Piracy is just the free rider problem - which ironically is best known amongst users of P2P. You can't solve the free rider problem by making what they're getting for free worth more - that's a moronic suggestion. You may as well say "sell better quality jewellery in your store and you'll get robbed less". Doesn't happen.

      Piracy is not a "necessity"; it is not a "counter-active force". Stop trying to ennoble simple theft that happens merely because preventing it is intractable. All piracy proves is that human nature sucks, and that we need laws and enforcement of those laws to prevent the majority from crapping all over the minority. You say yourself we need copyright, and yet find the weasel words to claim that *your* violation of copyright is in fact a high and nobel act. Don't fool yourself.

      In fact, your pathetic self-serving arguments show pretty clearly why the media needs to aim for shocking penalties for those caught. It's the only viable disincentive in a culture that can twist the truth so much that they can paint themselves as heroes for stealing from people who are literally defenceless.

    7. Re:To be fair by Anonymous Coward · · Score: 0

      Those prices don't sound unreasonable to me, but the issue of the portal would go against the "where" part of the equation as I couldn't play it on my non-connected to the internet HTPC etc.

    8. Re:To be fair by Anonymous Coward · · Score: 0

      You can't solve the free rider problem by making what they're getting for free worth more

      Except that by placing all the limitations upon legitimate customers that pirates don't have to deal with, that's exactly what's happened.

    9. Re:To be fair by drb226 · · Score: 1

      You completely missed the point of his argument. It wasn't "sell better quality products". It was "make the products more easily accessible". Piracy happens not only because it is free, but because it is one of the most convenient ways of getting a product. By making your product more easily accessible, you win over many would-be pirates.

      the media needs to aim for shocking penalties for those caught ... stealing from people who are literally defenceless

      lmao. Also, I find the number of times you refer to "theft" and "stealing" to be quite hilarious.

    10. Re:To be fair by drb226 · · Score: 1

      I beg to differ. Copyright is not good.

      Linux uses it

      Linux uses copyleft, which is a terrible hack of copyright which uses copyright in order to prevent people from exercising copyright. Linux only uses copyright in order to get around issues regarding copyright; Linux would in no way be harmed if copyright went away.

      News sources use it

      Huh? Last I checked, it is not a crime to run the same story as a competing news source, and it is inherently disreputable to copy their exact words/images, with or without copyright law.

      Our society practically requires it to function properly

      Sadly true. But I would argue that this is only because our society has been brainwashed to believe that ideas are property that can be owned.

    11. Re:To be fair by Fned · · Score: 1

      Copyright is good. Linux uses it, news sources use it, our society practically requires it to function properly.

      That's like saying "LAWYERS ARE GOOD." Just because something is seen as a necessity doesn't automatically make it peachy keen nifty neato. Are nuclear bombs good because the USA has them?

      Our society does not practically require copyright to function properly. It's outlived its usefulness. Society needs to change to adapt to the existence of computers, and copyright is one of the biggest wooly mammoths of its age. Flawlessly adapted for its original environment, hopelessly lost in the new.

    12. Re:To be fair by Antisyzygy · · Score: 2

      2.50 for a movie? .50 an episode? 0.02 a song? Do you have any idea how many songs you would have to sell to make a living as a musician at that rate especially with people gouging your music sales? Assuming you make all the profits from your songs, you would need to sell :

      40,000 dollars per year / 0.02 dollars per song = 2,000,000 songs / year

      That seems ridiculous to me. A dollar a song is plenty cheap, and albums usually are packaged cheaper. I can see maybe .50 for an episode since most TV shows have a large audience, but even then maybe up to about 2.50 for an episode. Then, movies should be priced at some fraction of a movie ticket up to 1:1.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    13. Re:To be fair by mark-t · · Score: 1

      "Linux would in no way be harmed if copyright went away."

      Incorrect.

      "Linux uses copyleft, which is a terrible hack of copyright which uses copyright in order to prevent people from exercising copyright. "

      The GPL doesn't change copyright, nor does it even get around copyright. It uses copyright exactly the way it is supposed to be used - which is to require permission from the copyright holder to copy the work. The only thing that makes the GPL distinct is that it explicitly grants such permission to anyone that agrees to its terms. But in no way, shape, or form is it a loophole in copyright.

      Without copyright, people would not need permission from a GPL author to copy the work (or did you think that nobody needs any such permission anyways? If so, please reread the GPL, which explicitly grants such permission to people who agree to its terms). If they don't need permission, they would not have to agree to its terms, and could make changes to it without releasing the source code. Although without copyright this alternative work would be freely copyable (to the extent that the people who made it do not take measures to prevent commonly available tools and devices from being able to, such as advanced DRM... which might eventually be defeated, but in the interim, that would still present a barrier to copying for most people), without access the source code, it is not the kind of free that people who uphold the GPL care about (which I have touched on above, as I gave an example of how DRM can present a barrier to the ability to make a copy in the first place). Even if you do not agree with those principles, that does not mean they are worthless.

      Lack of copyright would *DEFINITELY* harm Linux.

    14. Re:To be fair by jedidiah · · Score: 1

      No. He did not forget anything.

      If not for an artificial distortion in the law and the industry's attempts to sabotage consumer empowerment, there would be no problem here.

      Dealing with DVDs and BluRays would be as easy as dealing with Music. It would be done by iTunes (and everyone else) and it would be easy and legal.

      The problem of "price" is for the market to decide.
      The problem of "how" is trivial if you don't artificially distort the situation through corrupting governments.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    15. Re:To be fair by richlv · · Score: 2

      (think of it as promotion, we'll be more likely to go see live concerts and buy merchandise - honest!)

      i've bought band t-shirts and other merchandise of bands that i found out about from downloaded material. next monday i'm seeing a gig of two bands that i discovered the same way. i even bought a cd from one of them in the last concert - not because i couldn't get it otherwise, that would be trivial - but because they're kinda cool (i didn't even like that one as much as the older ones, but i already had those :) )

      is the total amount huge ? oh, surely not. but, no offence, piss off :)
      we like music, we go to concerts, we buy t-shirts. but when we listen to music at our homes, we don't feel a huge urge to pass off some money for that. and yes, the parasites who get levy on blank media should actually be shot.

      --
      Rich
    16. Re:To be fair by Anonymous Coward · · Score: 1

      So what you're saying is that you want other people to do the work, to give you exactly what they want, and to accept nearly no compensation for it.

      Wow, you fools can justify anything, can't you?

    17. Re:To be fair by Anonymous Coward · · Score: 0

      40,000 dollars per year -- for one song? A little low, but over a few years I guess it is reasonable

      0.02 dollars per song -- reasonable, although I don't think that's how it should work. The transaction price and hassle alone is going to cost more than that. Try using promotions, concerts, advertising instead. The genie is out of the box -- music should be free.

      2,000,000 songs / year -- you mean downloads? That's the absolute lowest bound of what I would expect for "a less popular" title. US population / 2 mil = every 150th's citizen, not counting exports. If it garners less than that, maybe it's not worth 40K a year? Try cutting out the middle man -- all those non-music producing corporations get their lobbying funds from somewhere!

    18. Re:To be fair by BlueBlade · · Score: 1

      The point you're missing with this is that, without copyright, anyone could get the source from an employee or just decompile it and re-create the source files and they could be used. Without copyright, a single Microsoft employee could leak the Windows source code and anyone could just compile it and make their own version. Without copyright, you just don't need the GPL (well not entirely true, it still leaves patents and trademarks...)

      --
      Religion is the best example of mass psychosis
    19. Re:To be fair by Anonymous Coward · · Score: 0

      If you honestly think that the band makes enough money at a show to pay for all the costs incurred, you're living in a dreamland, unless they were the headliner, and there were more than 500 people there... Unless you're a top 100 artist, it's TOUGH making enough money just to scrape by. That's why we have day jobs...

    20. Re:To be fair by mark-t · · Score: 1

      Yes... people *COULD* do that... it's still a barrier to most people, and not as free as having access to the source code, which is the whole point of why people would want to use the GPL in the first place.

    21. Re:To be fair by QuasiSteve · · Score: 1

      Sorry, I might not have been entirely clear on that. The portal is just to log in (so you have an account), browse the catalog, and make your purchases. The material would still be downloaded, DRM-free, etc. thus satisfying the 'where' in terms or where you want to play the file. If the 'where' becomes "where I can acquire it" then there's additional demands to be made.. like kiosks (replacing the redbox ones, perhaps), offerings in video rental places, etc.

    22. Re:To be fair by QuasiSteve · · Score: 1

      I'm just voicing the more common pirates here - the content of that post is not my own opinion ;)

      More specifically, it is the voice of the more common pirate in The Netherlands.

      Keep in mind that people in The Netherlands still think that a service like Netflix being available in The Netherlands would practically wipe out piracy of TV shows and movies the same way that Spotify has done for piracy of songs.
      Except that they think that Netflix is like having the entire IMDB catalog on offer, and seem to miss the massive piracy of albums that still goes on - Spotify or no Spotify.

      No doubt piracy has been reduced due to those offerings (in the U.S. and various EU countries respectively), but nowhere near the level of 'wipe out' :)

      My own opinion - should you ever come back to read it - is that a middle ground needs to be reached but that neither 'side' is particularly willing to make steps closer to that middle ground. Just as an example.. I don't think a downloadable movie should cost the exact same as e.g. the DVD. It's much cheaper to distribute and additionally the DVD will likely contain bonus features that a download is going to miss out on. However I also don't think that it should cost just $3 if it's a new release. If it's old as dirt, then maybe... but that's by the argument that old-as-dirt movies in brick-and-mortar stores can be as low as $3 or even lower because they need to get rid of that stock and sending it back will actually cost them more in administration/etc. Given that digital downloads never have to suffer from that phenomenon, that justification may not fly leading to minimum movie prices of, say, $5 even for older movies. In the U.S. the situation is even more complicated of course, with $1 Red Box movies.. but that does come with the 'hassle' of limited choice, checking out, having to return it, etc.
      All in all it's a complex matter and I'm certainly not the best-informed on either 'side' to negotiate... but I sure wish the people who are would.

    23. Re:To be fair by richlv · · Score: 1

      who claimed every band in existence is entitled to no work just because they are a band ?

      --
      Rich
    24. Re:To be fair by thomasdn · · Score: 1

      2.50 for a movie? .50 an episode? 0.02 a song? Do you have any idea how many songs you would have to sell to make a living as a musician at that rate especially with people gouging your music sales? Assuming you make all the profits from your songs, you would need to sell :

      40,000 dollars per year / 0.02 dollars per song = 2,000,000 songs / year

      This is misleading. A musician does not live off of just selling *one* song multiple times. The musicians today primarily live off of concerts. Also, as the parent to your reply said: think of this as promotion. Selling a copy of a song for 0.02 will increase chances of the listener going to (and paying for) a concert.

    25. Re:To be fair by Antisyzygy · · Score: 1

      A musician does not always make money off concerts. I for example work with people over the internet and compose music. I am not selling a song for .02, that is ludicrous, especially since both of you ignore the fact that a portion of this goes to the distributor. Its more than fair to pay .50 cents to a 1 dollar a song if it has no DRM. 0.02 per song is wishful thinking by freeloaders.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  8. Interesting? by Anonymous Coward · · Score: 0

    It's not interesting to see that replies agree with the author. The author is appealing to the absolute lowest common denominator argument that two wrongs make a right, and using examples that piss everyone off. It would be more interesting if there were a few non-sheep around who could see through this fallacy and point it out, but hell that rarely even happens here, amongst supposedly intelligent readers; why would it happen on a mass-market TV website?

  9. No Alternative by Ganty · · Score: 1

    Many of the latest movies are not shown here in English, downloading the DVD is therefore the only way I can watch the movie.

    Ganty

  10. I am no Pirate! by paulsnx2 · · Score: 5, Insightful

    I don't download music, I don't torrent music, I don't P2P music.

    I am a model citizen.

    More about me:

    * I am over 50
    * I have bought maybe 10 Albums/Cassettes/8-Tracks/Digital Downloads in my *Entire* life.

    Wouldn't the music industry love having an entire market of folks just like me!

    1. Re:I am no Pirate! by Anonymous Coward · · Score: 1

      I have downloaded songs I wanted to hear.

      I am 24 years old.

      In the past 10 years, I have personally purchase over 50 CDs, and more than 30 full album downloads, not to mention individual tracks that I actually purchased here and there.

      Because of my first statement, though, the music industry would happily see me tried, tarred, and feathered (not in that order).

    2. Re:I am no Pirate! by Anonymous Coward · · Score: 0

      I would also like to add that of the 50 CDs, only a handful were purchased used.

    3. Re:I am no Pirate! by SleazyRidr · · Score: 1

      I'm a little older than you, and I also download music I want to hear.

      I don't buy albums often, but when I do, I prefer to buy used.

      I do however go to concerts at least once or twice a month, and buy a T-shirt from at most of them.

      Not sure what the music industry would think of me, I think my money gets spread around a bit too much for their liking.

    4. Re:I am no Pirate! by Anonymous Coward · · Score: 1

      I am the very model of a modern corporate netizen!
      I've paid accounts with itunes, netflix, and a pass of zune,
      I know the kings of Redmond, and I quote the fights historical
      From Microsoft to Samsung versus Apple in the courts of law

      I'm very well acquainted too, with matters smartphonical
      I understand the gestures, both of single and of multitouch
      about iphones and ipad twos I'm teeming with a lot of news
      with many cheerful facts, about the content on youtube

      I'm very good at Zynga and the games of flash
      I know the scientific news from reading on the dot of slash
      In short, in matters science and technology
      I am the very model of a modern corporate netizen!

    5. Re:I am no Pirate! by antdude · · Score: 1

      Small collection. ;)

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    6. Re:I am no Pirate! by Anonymous Coward · · Score: 0

      ...nor me ...

      - I stopped obtaining music through unofficial channels over 10 years ago
      - I never torrented any music (I still don't understand torrent: downloading a Linux image, for example, is faster direct than through that nonsense)
      - I am a family man with above average income, and some say over buying habits of a family of 4

      However...
      - I have not bought ANY music in over 10 years
      - My two children have never bought any music
      - I get my movies from Red Box.
      - I have never streamed a movie through official channels, due to the restrictions making it impossible for me to enjoy.

      Is this really the customer the Music and Movie industries crave?

    7. Re:I am no Pirate! by Anonymous Coward · · Score: 0

      You never recorded songs from the radio or used the sneakernet?
      You never recorded TV/movies/programs with a VHS?
      You never sang "Happy Birthday" in a public area?

    8. Re:I am no Pirate! by paulsnx2 · · Score: 1

      No, it is tough for many people to believe, but I don't really listen to music at all.

      Recording music over the radio or recording TV with a VHS is all legal.

      Singing "Happy Birthday" is totally legal, as Time Warner Music's claim to the copyright is totally copyfraud. I do sing Happy Birthday in public, and if that makes me a pirate, then "Prepar 'ta be Boarded, Mate!"

    9. Re:I am no Pirate! by Anonymous Coward · · Score: 0

      Conversely, I pirate. I download movies regularly.

      But I've also bought 300+ new DVDs, some of which I used to own on VHS, some I also now own on Blu-ray. I also frequent the cinemas, and buy overpriced drink and popcorn.

    10. Re:I am no Pirate! by Anonymous Coward · · Score: 0

      Sure they would.

      In Canada for example, you'd be paying through the nose for every track you've never heard.*

      *Every time you buy a CD.

  11. New Rules by should_be_linear · · Score: 4, Insightful

    Internet restored old rule: You can make money as an artist IF you are willing to perform your art in LIVE and there is audience willing to pay for it. There was brief window in history, like 100 years, where this rule was changed in a strange way: it was enough to perform ONCE, make recording of it, and then sell recordings instead of performances. This model could work only when sharing of data was difficult. That model is going away, with or without crying loud or imposing (never quite working) copyright walls. It is really bad for films, for example, you cannot perform it live. But, cinemas and broadcasters are giving lots of money to film industry for broadcasting rights. They will only loose "DVD money". I think think they will survive just fine.

    --
    839*929
    1. Re:New Rules by frosty_tsm · · Score: 1

      Internet restored old rule: You can make money as an artist IF you are willing to perform your art in LIVE and there is audience willing to pay for it. There was brief window in history, like 100 years, where this rule was changed in a strange way: it was enough to perform ONCE, make recording of it, and then sell recordings instead of performances. This model could work only when sharing of data was difficult. That model is going away, with or without crying loud or imposing (never quite working) copyright walls. It is really bad for films, for example, you cannot perform it live. But, cinemas and broadcasters are giving lots of money to film industry for broadcasting rights. They will only loose "DVD money". I think think they will survive just fine.

      I disagree that it's really bad for films as consumers are still very inclined to buy a DVD or Blu-ray even with options like Netflix and Red Box.

    2. Re:New Rules by RogerWilco · · Score: 1

      This might be the case for music, although I don't think it's as black&white as you paint it, but for video and games this is not the case.

      --
      RogerWilco the Adventurous Janitor
    3. Re:New Rules by BetterSense · · Score: 1

      Thinking more fundamentally, without government force, you can only sell people things that they want, and don't already have, and can't get from somewhere else cheaper. In other words, you have to offer something of value to convince people to give you money.

      Government force is about the only way you can make money off something which is copied for \approx free, transported \approx free, durable, and storable. We all know that data is infinitely copyable and has a real cost of approximately zero. So, in the absence of government force, attempting to build a business around repeatedly selling something that can be copied infinitely is pretty stupid. This kind of thing used to be called a "bad business model" but the anti-piracy brainwashed literally see it as if the 'media companies' (which don't actually sell media anymore, but data) have some right to collect money from it. Record companies used to provide the real value of pressing rare physical records. Now that data is no longer tied to expensive physical media, there are two things the 'media companies' can do: find some way to once again provide people with some value which they will pay for, or get the government to help force them to pay for something which they would otherwise not.

    4. Re:New Rules by BetterSense · · Score: 1

      Exactly. The customer is king in a free market. The only point you have made is that customers value physical Blu-Ray or DVDs for movies, even though they can download the movie for free. And to extent that they do value that physical media, you can sell it to them. If you find some way to provide something that customers value, they will pay for it. If you don't, and you don't get the government to help you intimidate them into it, they won't buy.

  12. Hi Jack by oGMo · · Score: 1

    Jack Valenti, is that you? You still believe that copying a song is the same as killing someone? That protecting lives is less than or equal to protecting the bottom line of MPAA (and RIAA) members?

    Thought so! Just checking...

    --

    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    1. Re:Hi Jack by king+neckbeard · · Score: 1

      The enforceability of laws is quite important. Prohibition and the war on drugs may have had good effects if they could be reasonably enforced, but because they couldn't be effectively enforced, laws against them do more harm than good. While weapons technology has increased, so has medical technology and standard of living, which affect the number of people who die and are shot, respectively. And the entitlement is on the side of the rightsholders. I don't think many 'pirates' think they should be able to get what they want without paying. I can speak for myself, and I only think I can get what I can get without paying. If someone makes something I want freely available, I will likely get it. If nobody makes it available, I will not get it.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:Hi Jack by SuricouRaven · · Score: 1

      You could also argue about the cost of enforcement in terms of public benefit. Preventing murder requires a police force granted certain powers to infringe individual rights for the purposes of investigation under exceptional circumstances. But preventing all piracy, or even a substantial majority of internet piracy? The only way to do that is to get really draconian. Mass-surveilance, bans on copying technology even for non-infringing uses, government-mandated filtering on every internet connection. Even the justice system has to be simply thrown away - it's far too expensive to prove beyond reasonable doubt even a tiny percentage of infringements, so the only way to enforce it is to lower standards to a 'guilty unless proven innocent' approach where just suspicion is enough to have someone punished, even on hastily-collected evidence.

    3. Re:Hi Jack by green1 · · Score: 2

      Difficulty in enforcement is not a good reason, however what is the point to a law in the first place (any law). The point is to provide a benefit to society as a whole.
      We shouldn't pass any law that we don't think will make society a better place in general.
      Now it quickly becomes apparent why we don't want people running around killing people, it harms society by removing portion of it completely, it causes everyone to live in perpetual fear that they may be next.
      On the flip side let's look at copyright, this is a very modern invention that didn't even exist a few centuries ago, and yet society flourished. People invented and created a lot of stuff before any form of copyright existed. And what happens when someone copies something? The original creator is not deprived of it. The new person now has a copy, if anything you have INCREASED the wealth of society by spreading around the creation to allow more people to enjoy it.

      So while all of society benefits from a ban on random murder. Only an elite few have any potential to gain anything from copyright, and those few have shown throughout the centuries that they do just fine without such protection.

      One might also look at what society as a whole wants. If something becomes the societal norm, is it still a good idea to prohibit it? If one were to believe the copyright infringement figures thrown around by the entertainment industry it quickly becomes obvious that an extremely large percentage of people must, to some extent, engage in unauthorized copying. This speaks to the idea that this is something that society approves of, and thinks is beneficial. Surely their own numbers prove that more people are in favour of being permitted to copy whatever they want than are in favour of protecting those same works. Should not the government take that in to account when writing laws? Something that society as a whole wants to happen is probably something that governments should be considering implementing!

    4. Re:Hi Jack by AngryDeuce · · Score: 1

      But you are probably so branwashed

      I branwashed my colon this morning, that's for sure...

    5. Re:Hi Jack by ByOhTek · · Score: 1

      The original creator still needs incentive to make it. The idea of copyright is to provide that incentive.

      If people continually copy art works without compensation, fewer people will create, because they cannot afford to. The system as it is now isn't perfect, copyright length should probably shortened to 10-20 years. Renewals should be allowed, but only by the original author, not his or her descendants, not media companies, just the original author. At the same time, piracy, really should be a "try with the intent to buy if it is good" type thing and not a "I want this, but don't want to pay for it" type thing.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    6. Re:Hi Jack by Anonymous Coward · · Score: 0

      The original creator still needs incentive to make it. The idea of copyright is to provide that incentive.

      But such an idea assumes that if we do nothing (and let free market take its course), there would be no incentive or not enough of an incentive.

      It is assuming that publishers and government (via copyright law) knows better than the free market in deciding how much incentive there should be for new creations

    7. Re:Hi Jack by green1 · · Score: 1

      Why do we need copyright to provide incentive? through most of the history of humanity copyright did not exist, and people still created.
      Many creations today are made using previous works that were not copyrighted or whose copyright has expired.
      Many people create for the love of the art, or make their money on live shows, or the initial sale, or other methods.

      If the only way you can make any money is through the government creating an artificial scarcity of your product, maybe your business model is a bit flawed?

  13. buh? by drinkypoo · · Score: 2

    'One of the main reasons we all have anti-piracy slogans embedded in our brains is because the music industry chose to try and protect its existing market and revenue streams at all costs and marginalise and vilify those who didn't want to conform to the harsh new rules being set.'

    Is there anyone out there who doesn't associate anti-piracy slogans with hilarity? Don't copy that floppy!

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:buh? by sjames · · Score: 1

      Don't copy that floppy!

      Get your herbal Viagra today?

    2. Re:buh? by Anonymous Coward · · Score: 0

      You get labelled a sex offender if you take photos of that floppy.

  14. Just stop consuming by ledow · · Score: 3, Insightful

    Can't get the programme you want, the music you want, the film you want, the software you want? Can't get it in the right format, the right quality, without DRM?

    Then DON'T buy it. Don't consume it. If the producers of Lost want to play those sorts of games (and they are hardly innocent here - they sign the deals that say who can distribute their product how), then stop watching the damn thing. The reason these companies continue is that people STILL buy that crap and still desire product from people that are crapping on them. Don't be one of them.

    Personally, when something comes up like that, I not only don't BUY it, but I do everything in my power to stop requiring it too, including seeking out alternatives that are completely legal and legitimate.

    I've witnessed businesses go from MS Office to LibreOffice for just that reason - you cannot get what you want, for a price you want to pay, and use it the way you want, so you go elsewhere even if it's an inconvenience. Some people would turn to piracy but as a business you can turn to other, more enticing, offers like free Office suites that have MOST or ALL of the functionality you require.

    The problem I have with piracy is that most of it is unnecessary. There's possibly an argument that some third-world country can't afford first-world licensing and so pirates to make their businesses operate. But TV, DVD, Blu-Ray, iPod's, etc. are luxury items. They are NOT necessary. That's what gets my goat about piracy - you're only ripping off stuff that you don't actually NEED (like the people I've seen who download EVERY episode of EVERYTHING "just in case" they get around to watching it at some point, and then rarely watch 10% of the stuff they've downloaded).

    If you NEED it, you'll do whatever you need to do.
    If you only WANT it, then pay for it.
    If you can't pay for it, but still want it, find something else to want.

    1. Re:Just stop consuming by Antisyzygy · · Score: 0

      I hope you realize no one is going to listen to your suggestion.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    2. Re:Just stop consuming by Anonymous Coward · · Score: 0

      I already practice this behaviour, and it's been 10 years since. I couldn't be happier ^_^

      Sorry, I'm posting AC coz this is public T_T

    3. Re:Just stop consuming by RogerWilco · · Score: 1

      If you can't pay for it, but still want it, find something else to want.

      Sounds easy, but might be hard to do.

      Nowadays communities often span the globe, but copyright is limited by borders. To watch or listen to the same things as your friends, copyright sometimes needs to be bent or broken. Unless you suggest you suggest that I should find new friends, only from my local area?

      And even then, some of my friends have moved to the USA, Sweden, Portugal, India, Japan and New Zealand. Nowadays with Skype and such, it's easy to keep in touch. I don't think that limiting myself and the rest of my friends to the cross section of those things available in all those countries is really feasible unless we become hermits from popular culture.

      Your solution might work if you have no friends, all of them are local, or you're shunting yourself from large parts of today's culture, but otherwise it's not a real option for a lot of us.

      Copyright needs a way to become global in a way that the internet has. The only other solution will be a lot of Great Firewalls of China doing heavy handed DPI and disallowing encrypted traffic across borders. but I don't think the finance industry and banks would be happy about that.

      --
      RogerWilco the Adventurous Janitor
    4. Re:Just stop consuming by poity · · Score: 1

      Asking /. to seek change from themselves rather than from others? Prepare for disappointment

      (I share your sentiments, though)

      --
      your thin skin doesn't make me a troll
    5. Re:Just stop consuming by m50d · · Score: 1

      I don't care about passive consumers. I care about creators who want to incorporate existing culture into their work; at a certain point a work belongs in the public domain, where it can be used for fresh creation. Copyright is robbing us of that.

      --
      I am trolling
    6. Re:Just stop consuming by Anonymous Coward · · Score: 0

      I think most people that were early adults in the 90's has done just that. I couldn't get CD's to play on my new MP3 player and there was no legal way to get MP3's back then so I quit buying content. I have at least 800 CD's sitting in 4 CD racks in my basement that I purchased from the late 80's to the late 90's. I then stopped buying...
       
      What happened next? The record companies started suing us for no longer buying CD's.
       
      I like music, I love music. I haven't bought a CD in 5 years. I've probably bought 3 or 4 CD's in the last 10 years, and no I don't download music. I just abandoned the music industry all together.
       
      I'm just waiting now for the recording industry to start suing me for not buying their crap.

    7. Re:Just stop consuming by Anonymous Coward · · Score: 0

      If you NEED it, you'll do whatever you need to do.
      If you only WANT it, then pay for it.
      If you can't pay for it, but still want it, find something else to want.

      This would be great, but I don't really think it's realistic. I have more to gain by living *my* life the way I want versus attempting to control the behavior of others and getting them to change their ways, such as RIAA etc.

      I'd like for the world move to a place that is more beneficial to it's citizenry, but adopting an ascetic lifestyle is just wishful thinking. Kudos if you're able to do this, but I think it's naive to think it's a tool for everyone.

    8. Re:Just stop consuming by jedidiah · · Score: 1

      > Then DON'T buy it. Don't consume it

      That is really the LAST thing any business wants.

      Piracy keeps people strung along until they are willing or able to pay. The puritanical approach just shrinks the entire market and reduces the numbers of consumers.

      This should be obvious to anyone that can think past the current quarter's numbers.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:Just stop consuming by iamwahoo2 · · Score: 1

      Piracy is not unnecessary, it is practically unavoidable. 99% of the adult population has committed copyright infringement, but only around 25% realize that they have. That is because the law is poorly written with a lot of grey area. The populace deserves to have crystal clear laws that they can understand. Copyright law is immoral in the US because it is the result bribery of public officials and is intentionally vague so that it can be selectively enforced.

    10. Re:Just stop consuming by Anonymous Coward · · Score: 0

      You touch on but miss an important point: people pirate to pirate - not necessarily to consume what they pirated.

      Finding an HD+AC3 version of a movie you already watched 10 years ago in old-school stereo is cool! Getting shows days before they air on TV in your area is fun! Telling your buddies you've downloaded more GB's of 60's music in a week than their hard-drive can even hold is awesome! Having an up to date copy of all European charts all the time rocks!

      One of the most popular torrents on pirate bay is Windows 7 "ALL EDITIONS". Do all those people really need all editions? No, but it's just great to have it! Another popular one is Office Enterprise. Do all those people really use the Enterprise features? Of course not, but to have enterprise certainly is cooler than the regular version.

      Unless you've actively pirated yourself for a while this may be hard to understand, but pirating is FUN.

      Not to mention the groups who rip all those DVD's and publish them. What do they get out of it? Are they secretly

    11. Re:Just stop consuming by Anonymous Coward · · Score: 0

      Just so you know, the behavior you have a problem with, tv show hoarding, actually makes sense if you think about it. It's like choosing a tv with 1 or 2 channels vs 100. How can you know in advance what you'll feel like watching? Gotta prepare for whims. Options, bro.

      And is anything really "necessary"? If your reply is food/water/shelter...who said survival is necessary? Life is one huge accident and necessity is entirely arbitrary. If a simple life devoid of worldly pleasure is what suits you, by all means go ahead and make it happen, but most of us enjoy diversion and amusement...so in the end, whatever floats your boat :D

      PLUR

    12. Re:Just stop consuming by Anonymous Coward · · Score: 0

      I've witnessed businesses go from MS Office to LibreOffice for just that reason - you cannot get what you want, for a price you want to pay, and use it the way you want, so you go elsewhere even if it's an inconvenience. Some people would turn to piracy but as a business you can turn to other, more enticing, offers like free Office suites that have MOST or ALL of the functionality you require.

      The problem with pirating MS Office in this case would be using their closed file format thus requiring other people to have the software and these people would need either to buy the software or pirate it too if they need your files for whatever reason.

    13. Re:Just stop consuming by Anonymous Coward · · Score: 0

      If you NEED it, you'll do whatever you need to do.
      If you only WANT it, then pay for it.
      If you can't pay for it, but still want it, find something else to want

      This is perfectly reasonable, the biggest problem however is that the product available by the legal means in some cases is not a good as the illegal version.
      The example given in the original poster for Top gear having an international version which is 15 minutes shorter to allow ads is a good example.
      There is another difference as well in that the only legal version (in NZ) is Standard Definition, the original is in High def, and therefore the illegal versions are also superior in quality.

      So the only way to get the exact original version of the Top Gear show as shown on TV in the UK is to get the illegal copy or wait for the DVD.

    14. Re:Just stop consuming by Anonymous Coward · · Score: 0

      If you NEED it, you'll do whatever you need to do.
      If you only WANT it, then pay for it.
      If you can't pay for it, but still want it, find something else to want.

      Your reasoning is irrational. It's copying. That's a completely harmless activity.

      Somebody not copying when they feel the need but weren't going to buy anyway is irrational. They've benefited and nobody else is harmed. In other words, you're promoting artificial scarcity, loss of value, for no reason.

  15. Fansubs suck. by RyuuzakiTetsuya · · Score: 0

    The author makes the case that anime translations done professionally suck. Not true. Hasn't been true for nearly a decade. Not just that, fan subbing tends to be pretty bad. Leaving in honoriffics, just not translating some words, etc

    While I think he makes a solid case elsewhere for piracy, this falls flat on its face.

    I do think the uncertainty of western licensing is a much better reason. Even if I had the cash for region 2 Japanese DVDs or Japanese bluray, the business doesn't hold up either. Exported sales of such products really don't show up on sales figures on the business end and I'm not sure if I'm supporting the artist.

    --
    Non impediti ratione cogitationus.
    1. Re:Fansubs suck. by taricorp · · Score: 1

      Not just that, fan subbing tends to be pretty bad. Leaving in honoriffics, just not translating some words, etc

      This is precisely why I tend to prefer fansubs. Most professional translations are less precise because they need to target more casual viewers, who would be confused more often than not by untranslated idioms.
      Compare to fansubs, which generally target an audience which is more savvy with the language, so leaving certain idioms untranslated allows the viewer to pick up on certain nuances which would otherwise be lost. It's a similar case for honorifics, since they can encode small amounts of additional information that might be otherwise lost or be harder to pick up on.

      There's something to be said for going ahead and translating everything since the original language is still there in the audio track, but I think it makes more sense to put everything in the subtitle track, as it may be difficult to follow dialog in both audio and subtitles. Even then, style varies greatly between fansubbers. Some prefer to take the more accessible approach, while others tend to leave idioms untranslated.

  16. Much to do about nothing by wedontneednobadges · · Score: 1

    Most of the crap is not worth any money. That's why the less "piracy" anal film industry is doing better. I can't tell you how many times I have walked into a "hip" college kid establishment and heard the Stones. It's like kids these days don't listem to music from their own era.

    1. Re:Much to do about nothing by geminidomino · · Score: 2

      It's like kids these days don't listem to music from their own era.

      Who can blame them?

    2. Re:Much to do about nothing by lister+king+of+smeg · · Score: 1

      as a college student i totally agree most of todays music is crap. i think the world could be greatly improved by the killing of beber and his ilk. Television much of it has been dumbed down to the point of unwatchablity in many cases and movies aren't an better. if we went back to the original copyright length (US) of 23 years i could probably get by just fine although i would mis a couple of shows (mostly scifi). and as for books much of what i read is older any way, Asimov, Tolkien, Shakespeare, etc. bring on short copyright. also copyright needs to adjust to the medium, think of commander keen whole generations of people will lose out on this awesome side scroller because it is know longer distributed and who has a floppy drive in their computer anymore? copyright needs to change fundamentaly. 10 years for computer media, games, os', other software, seems reasonable to me.

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    3. Re:Much to do about nothing by SkimTony · · Score: 1

      Don't shoot Beiber - shoot his producers. They're the ones perpetrating the crap. If you knocked down the kids, the producers would just pick another one to stick in their spot, because in that business, it doesn't matter. Take out the producers, and we're back to sorting on talent, not budget. It would be a whole different world...

  17. The digital problem. by jellomizer · · Score: 2

    Digital data is unique as it can be copied over and over again without loosing anything. It can be done for cheap and any individual can do it.

    Old media Each copy degrades per copy. And making the media was expensive.

    This is the problem.

    Copyright law is based on the old media. So those large fines for violations were fair laws. Because if you were to say pirate 10,000 records, or 100,000 books at a near production quality. Then you have already have invested a substantial money to do this, with the idea of making more money from it. So if you get caught then you probably already have a lot of wealth acquired illegally.

    Now that violating the law is much too easy, now the fines are hurting the "innocent" people who's crime is closer to sneaking into a movie theater without a ticket. Even if they have hundreds of thousands of illegal material, and shared it millions of time.

    The root cause of the piracy like any black market activity is the fact there is demand for a product that is priced too high, or is treated in a way people do not want. Or they legally cannot get it otherwise. To lower piracy Media companies need to expand their internet usage of their media (That is what people want), Make it affordable (Now that you have greatly increased your supply capacities as you are sharing data not physical stuff), and make sure people who want it can get it.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:The digital problem. by Oxford_Comma_Lover · · Score: 1

      Digital data is unique as it can be copied over and over again...

      =)

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    2. Re:The digital problem. by Fned · · Score: 1

      Digital data is unique as it can be copied over and over again without loosing anything.

      What'll really bake your noodle is: Digital data can be copied over and over again without producing anything of value.

      In fact, the only thing that gives value to digital data is access restriction. Data that everyone has access to isn't worth anything.

      What makes, for example, a book valuable, is: you can't point your magic wand at it and magically produce a copy of it. As soon as you can, the book itself loses all value. Only the original writing of the book is worth paying for, at that point -- original creation is perfect access restriction.

    3. Re:The digital problem. by Anonymous Coward · · Score: 0

      Digital data is unique as it can be copied over and over again without loosing anything. It can be done for cheap and any individual can do it.

      Old media Each copy degrades per copy. And making the media was expensive.

      Stop the bullshit. Copyright was first introduced by and for the London printing industry -- books are the oldest of the old media as far as copyright's concerned, and they can be copied letter for letter (because they are in fact digital), and thanks to the recent (at the time copyright was created) introduction of the printing press, is orders of magnitude cheaper than owning a literate slave and having them copy books by hand.

      Copyright from the time of its introduction has always been about big media stopping competition to elevate their own revenues, with "to incentivize creative types" as a sham cover story. No fine under this system of government-assisted big-business (I'd say corporate, but it precedes the rise of the modern corporation) tyranny is anything like fair.

    4. Re:The digital problem. by Requiem18th · · Score: 1

      Digital information is unique as it can be copied again and again without loosing anything.

      --
      But... the future refused to change.
    5. Re:The digital problem. by jellomizer · · Score: 1

      Yes but copying a book letter for letter is expensive, and so is printing them. The fact that the printing press is an expensive item, is the fact the major violators are indeed people with money and resources and are making a pant load of money from piracy. Get the latest book from London in a week or so you publish it in the states and make a lot of money.

      Today's digital data you have an exact copy in seconds not weeks. They can be shipped globally instantly. and is done with average Joe's consumer products. My point stands. Copyright is about insuring the owner of the material has control and profits of of their media. If it is a big business then they get it. Content creators need rights with with content, if they are going to be held liable for it they also need to be rewarded for it.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  18. Different market, lower prices by captainpanic · · Score: 2, Interesting

    My parents had maybe 100-200 albums, and paid a certain percentage of their income for music.
    I have 1000-2000 albums, but I certainly am not going to pay 10 times as much as my parents (if only because logically I listen to them 10 times less on average, and because I have only some Mb of harddisk space, rather than a fancy disk in a nice cover on a real shelf).

    The music industry just have to get to grips that prices have to drop dramatically for people to stop downloading. I cannot afford to buy music now.

    1. Re:Different market, lower prices by shadowrat · · Score: 0, Troll

      My parents had 2 cars. I want 20, but i don't want 10x my parents' car budget. Why isn't the automotive industry listening to me?

    2. Re:Different market, lower prices by poity · · Score: 1

      Why do you have 2000 albums? I can't imagine having that many unless I'm getting entire discographies -- and even my favorite musicians aren't that good on a consistent basis to justify getting ALL of their work. What I see, though, is a lot of people filling their iPods with what could be termed "status content" which is to say they have it just so that others can see they have it. These are usually the "popular classics" that they may suffer through once or twice (play count is usually stuck at 1) and go back to their metal, house, pop, whatever, yet they keep them there as evidence of their musical worldliness in the off chance that someone might see their play list.

      --
      your thin skin doesn't make me a troll
    3. Re:Different market, lower prices by Anonymous Coward · · Score: 0

      I want it, I can't afford it, so I steal it.

    4. Re:Different market, lower prices by Ja'Achan · · Score: 1

      I want it, I can't afford it, so I copied it.

      FTFY

    5. Re:Different market, lower prices by jedidiah · · Score: 1

      Just you wait until 3D printers become more commonplace.

      It's moronic to try and conflate an automobile with yesterdays top 40 hits. Although that barrier too will eventually fall.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:Different market, lower prices by Anonymous Coward · · Score: 0

      I imagine he lives in a country where he is free to own as much music as he wants to. Some countries would limit things to a person, like only 1 child per family, but others will let you have as many as you like.

  19. What about the creators? by tverbeek · · Score: 1, Interesting

    OK, so if we accept that corporations/publishers are evil and worthless, the MPAA and RIAA are worse than worthless, and they don't deserve the benefits of copyright..... what about individual creators? As someone who has developed software, written stories, and created art, all as an independent creator, why should I be expected to relinquish all my work to the Pirate Domain? Why should I have to depend entirely on a day job to support myself, while everything I manage to create in the rest of my waking hours must be "shared" with everyone with no compensation? Wouldn't it better support the creation of new works if it were possible for someone like me to actually make a living from it?

    --
    http://alternatives.rzero.com/
    1. Re:What about the creators? by MozeeToby · · Score: 3, Interesting

      It's hard to argue with supply and demand. Once created, the supply of your work is infinite, it is effectively 0 cost to make another copy. Having an unlimited supply is going to drive prices down to near zero as a matter of course. Rather than asking 'why' you shouldn't be paid, you should be asking 'how'.

      You can try to artificially restrict your supply with DRM but that pisses off your customers. You can try to litigate, in which case you aren't really selling your works, you're selling a no sue guarantee, and also pisses off your customers (especially since if you sue enough people you will eventually catch an innocent person in your net).

      Or you can accept that some X% of your users are going to pirate, and you can charge the rest enough to make your money. Some anecdotal evidence even suggests that properly managed piracy can increase sales, so actively go out and use the pirates as a free advertising agency. More radically, you can put your old works out in public domain, and make a preorder for your next work available, basically a modern day, crowd sourced patronage model. I can think of at least one author who has managed that effectively (Charles Stross). Or you can publish your works to your blog and get some extra money from advertising. Or, if your product is software, you can give it away for individuals but require payment from businesses (who are less likely to pirate given the higher risks they face).

    2. Re:What about the creators? by Anonymous Coward · · Score: 0

      Your creations are largely worthless, despite what you, the creator might think of them. If there's no market for your output, why should you expect to make a living from it?

      I'm not saying your works are garbage, but simply no one wants them. Lack of exposure may be the only reason. It doesn't matter.

      This goes for all hobbies.

      Copyright gives you protection, before it existed, anyone could copy anything else from anyone at any time.

    3. Re:What about the creators? by ohnocitizen · · Score: 1

      +1. Your innovation, your profit. That's entirely fair. I'm all for stopping corporate abuse of individual rights, but we need to remember creators are individuals too.

    4. Re:What about the creators? by tverbeek · · Score: 0

      "I'm not saying your works are garbage, but simply no one wants them."

      Where do you get that assumption? There are huge amounts of creative work out there that - judging by the number of people downloading them from torrents - people want; they're just not paying the creators for them.

      --
      http://alternatives.rzero.com/
    5. Re:What about the creators? by V+for+Vendetta · · Score: 1

      More radically, you can put your old works out in public domain [...]

      ... and get sued by the "Exclusive Rights Owner" you sold the distribution rights to back in the day. The one that hasn't published anything from you in decades and has no plans to do so in the future, yet doesn't allow you to publish your own work. Go figure ...

    6. Re:What about the creators? by Sabriel · · Score: 1

      ... Basically? You indeed should deserve the benefits of copyright - but you, me and a whole lot of other individuals, won't see those benefits for as long as copyright remains a twisted abomination of what it should be. The public's trust has been broken. That isn't something easily recovered.

    7. Re:What about the creators? by Anonymous Coward · · Score: 0

      Don't publish your work, keep them for yourself only.

    8. Re:What about the creators? by Anonymous Coward · · Score: 0

      Flipside of the coin (as is always brought up when your side is shown)

      Why should I work every single day, when you make something once and then live off of it doing absolutely nothing else for decades? Where's my free money?

      Y'know what you could do as your 'day job' which you can depend entirely on? Performing your goddamn creation! How do you think most (ie: not the .02% or whatever of bands the RIAA picks to be the winners and are pushed to the public) bands make their money? PERFORMANCES! Ticket sales! Shirt sales! Hell, write a book and have book signings. Give speeches. By definition, your creation is for public consumption. You, by virtue of that creation, are inexorably tied to being public. GO OUT IN PUBLIC! Your job, if you want your job to be associated with your creation, is to be in public doing public things with your creation.

      Now I don't know about you, but in a month I'm going to be at a concert which I've already bought a ticket for, and plan to buy at least one shirt at. If you made something I like, and came to town, there's an extremely good chance that myself, as well as others like me, will willingly GIVE you money for you to perform.

      And generally speaking, being known as a person who gives good performances and likes their fans will be looked upon higher and get more from the fans than a useless twat who makes some one-hit-wonder song and tries to live off of it in a basement forever.

    9. Re:What about the creators? by tverbeek · · Score: 0

      "Y'know what you could do as your 'day job' which you can depend entirely on? Performing your goddamn creation!"

      Art != Performance.

      Touring can sometimes work for musicians. (At least for a limited number of them; the market for live music isn't all that big.) It doesn't work for... just about any other kind of creator. There is very little money in book signings/readings (for anybody who is not a big name bestseller)? The notion of a moviemaker going on the road and doing live performances doesn't even make sense. Likewise illustrators or software developers or anybody else whose creation is not performable. If we as a society don't figure out some way to make those livable professions (like copyright did for a while there) then I guess we'll have to settle for arena rock as the bulk of the 21st century's cultural legacy.

      --
      http://alternatives.rzero.com/
    10. Re:What about the creators? by Anonymous Coward · · Score: 0

      The public violated that trust first. The outrage about the RIAA and MPAA is just a bunch of rationalizations from self-centered children who discovered that they can get away with taking stuff for free, and copy protection and DRM only came along when it became clear just how selfish and short-sighted the public were.

    11. Re:What about the creators? by Anonymous Coward · · Score: 0

      If we as a society don't figure out some way to make those livable professions (like copyright did for a while there) then I guess we'll have to settle for arena rock as the bulk of the 21st century's cultural legacy.

      Strongly disagree. "We as society" are not obliged to figure it out. It's the creators themselves who should be figuring it out themselves. After all, it's their living that's on the line, not "ours".

      Whether they can make a living is, frankly, their problem. Not society's. Or would you like to donate some money to all the people protesting on wall street, since gosh, they can't seem to figure it out for themselves

      And no, we're not gonna be stuck with arena rock just because "we as society" don't figure it out. The free market will work itself out. When people get sick and tired of arena rock, there will be demand for something new, and demand means somebody's willing to pay for it.

      And really, the creators are already trying to figure it out on their own: just look at DRM. If the "perfect" DRM is created, there would be no need for copyright laws, since it would be impossible to copy something without the creator's permission

    12. Re:What about the creators? by dissy · · Score: 1

      The public violated that trust first

      100% untrue and a blatant lie.

      The cartels started this fight in 1976, LONG* before computers were even used on any scale by the general population, let alone swapping music on the Internet (then the Arpanet)

      * ( LONG = 13 years )

      Napster didn't even exist until 1999, and the general population did not start getting on the Internet en mass until after 1993

      Prior to that, it was BBS warez groups and small time geeks on IRC. Not even a signifigant fraction of (all) "the public"

    13. Re:What about the creators? by iceaxe · · Score: 1

      You are correct. It is in everyone's interest to find reasonable compromises that protect, enable, and encourage the creators of valuable cultural and artistic works.

      However, the current mess is a predictable outcome when a new and disruptive technology reduces or eliminates the value added by a segment of an industry that has historically wielded great power and influence, and garnered great wealth due to the necessity or value of that segment.

      In simpler terms, some people have been making buttloads of money and will fight tooth and nail to keep the gravy train a-rollin' for as long as possible, even though what they offer no longer matters. Note that in this case those people are NOT the creators, they are the manufacturers and distributors of physical media which are no longer necessary, and the gatekeepers who regulate an artificial scarcity (otherwise known as "anti-competitive practices").

      In a generation or so this should all shake out. I just hope that what emerges will continue to protect, enable, and encourage the creators of valuable cultural and artistic works.

      --
      WALSTIB!
    14. Re:What about the creators? by Anonymous Coward · · Score: 0

      FYI. The majority of the people who post on these threads are sysadmins, web developers, and university students who never create anything for general consumption other than "neat" Perl scripts that collect some system status info, or "neat" Garage Band hacks that require zero musical training.

      Of course, for these people, everything in digital format ought to be free so they can have an unlimited source of useful and entertaining stuff.

    15. Re:What about the creators? by Travelsonic · · Score: 1

      FYI This post is nothing but a gross generalization that is based on nothing. Nothing, that is, except for baseless presumption. Come on, you coward, post non-AC so we can argue [and those who argue with argument and logic can kick your ass debate wise]

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    16. Re:What about the creators? by Anonymous Coward · · Score: 0

      Cory Doctorow basically pioneered the "give digital copy away for free, sell the physical copy". But then again, he is also a very entertaining public person. End result is that he gets a fair number of speaking gigs alongside the books.

    17. Re:What about the creators? by Anonymous Coward · · Score: 0

      God what a pathetic waste of oxygen you are.

  20. So who pays? by Anonymous Coward · · Score: 0

    Film, TV, and music studios have costs associated with them. Bands can get money from live performances, but it's hard to see what an alternate revenue stream is for a TV show. I'm going to use Kantian ethics here, but if everyone in the world was to pirate a television production, then the product doesn't gain any revenue to continue making the production. All the supposed benefits of piracy come from the assumption that someone else is willing to support the product, so that you don't have to.

    1. Re:So who pays? by Requiem18th · · Score: 1

      Most films make a profit at the box office while it's still in theatres, and most of the profits of a TV series are made on its first airing. And that's before it even gets released in DVD, from where the rips are taken to bittorrent, and that let's them make yet another profit.

      Why should they get payed over and over for the next 70+ years? And why should I let the Italian government install a black box in my computer to prevent people from sharing cartoons from the 80's?

      --
      But... the future refused to change.
  21. The fundamental question by Tony+Isaac · · Score: 1

    The fundamental question is, do authors and artists "own" their works? Do they have a right to control what they have created?

    Sure, the "system" is stilted and unfair. But try buying a car. Do you think the dealer is going to give you a fair deal? NO WAY! They are going to use every trick and lie in the book to relieve you of as much money as they can, while making you think you're the winner. But just because the dealer is crooked, doesn't give you the right to steal one of their cars.

    Publishers are equally crooked. They try to keep as much money as they can for themselves, depriving authors of what is rightfully theirs. But that does not give people a right to steal the copyrighted works.

    So, if there is indeed a such thing as intellectual property (as every civilized nation recognizes), the "case" for piracy is just an excuse for theft.

    1. Re:The fundamental question by UnknownSoldier · · Score: 1

      Let's apply your logic a few hundred years ago . . .

      - - -
      The fundamental question is, do masters "own" their slaves? Do they have a right to control what they have produced?

      Sure, the "system" is stilted and unfair. But try buying a new slave. Do you think the owner is going to give you a fair deal? NO WAY! They are going to use every trick and lie in the book to relieve you of as much money as they can, while making you think you're the winner. But just because the dealer is crooked, doesn't give you the right to steal one of their slaves.

      Masters are equally crooked. They try to keep as much money as they can for themselves, depriving slaves of what is rightfully theirs. But that does not give people a right to free one of their slaves.

      So, if there is indeed such a thing as slavery (as every civilized nation recognizes), the "case" for a free man is just an excuse for freedom.
      - - -

      As my satirical post points your, your _opinion_ on what is "law" is clouded by you ignorant of the past and future: ALL [Legal] LAW IS RELATIVE and ONLY exists because the MAJORITY agrees. The _only_ reason imaginary property exists is in the first place is because of: a) Greed, b) Control (which is fear).

      Who invented copyright? The book _publishers_ because they didn't want competition!

      You can't fucking prevent others from copying a number, aka a representation of reality just because you say so, no matter how hard you pretend to. While the current US Laws say "sharing this number is Copyright Violation (NOT "stealing" that you've been brainwashed into thinking) the day will come when society grows up past needing to dictate to others who can share public works.

      The crux of the issue is this: Artists and Consumers have two diametrically opposed ideologies of "value."

      * The artist wants to get paid for EVERY INSTANCE someone enjoys their work because they want work to be valued, and rewarded for their time, energy, creativity, and incentive to create more.

      * The Consumers wants to share an artists work to everyone because they value it.

      One is financial, the other intrinsic.

      Because of these contradictory ideologies you end up with absurdities ...

      Is it illegal to "share" a CD? (Why not? The author didn't get paid and someone else enjoyed/valued their work?)

      If no, then why is a _physical_ medium even required? Why is it illegal to share a representation of the music digitally yet not physically??

      I'm sorry, but the former model is going, going, gone. I.e. In Canada it is perfectly legal to share music digitally, because at the end of the day there is NO difference HOW the music gets shared. Civilization is built upon the idea of sharing ideas, physical things, and [NOW] digital things.

      Music is just the TIP of the iceberg on society growing up and getting over this archaic and idiotic concept of "ownership". In 100 years we'll have 3D printers that can print anything. Trying to claim you own a "pattern" is just as ridiculous as saying you "own" a mathematical formula. Whether it is an algorithm or data, it is absurd to apply the concept of "ownership" to a numeric representation of reality whether it be music, audio, text, models, etc.

      I am going to repeat that last phrase: Do you understand the important and ramifications of what we can do in the 21st century?? We can _represent_ reality numerically. Long ago, we rejected the notion that someone can "own" numbers. So stop clinging to the past and projecting the same thing to the physical. As Einstein showed, ALL physical matter is just a frequency of energy. Today we don't have to tech to create any physical object, but tomorrow we will. Sooner or later you will be forced to let go of this concept of copyright.

      The fashion industry has already viewed this as a non-issue. Itâ(TM)s the rest of the industries that are stuck in 17th century thinking.
      http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html

    2. Re:The fundamental question by Tony+Isaac · · Score: 1

      The analogy is flawed, because slaves are people, and people inherently have rights as human beings. During the U. S. slave trade, these human rights were trampled under the law.

      Intellectual property, on the other hand, does not have inherent rights. There is no similar moral problem with considering intellectual property as property.

      The concept of intellectual property itself is certainly debatable. But it would be hard to argue that it is inherently wrong for the law to recognize intellectual property, certainly not based on a comparison to the slave trade.

    3. Re:The fundamental question by Anonymous Coward · · Score: 0

      There's no such thing as intellectual property.
      I think you meant either Copyright, Patents or Trademarks. Hard to tell.

    4. Re:The fundamental question by richlv · · Score: 1

      would stealing a copyrighted work be the same as killing a policeman and shitting in his helmet ?

      we can't (yet) easily copy a car without depriving it's owner from the said object. so stop propagating bullshit and making the two sound the same, thanks

      --
      Rich
    5. Re:The fundamental question by Anonymous Coward · · Score: 0

      There is no intellectual property, it's a fraud perpetrated by Big Media in 17th century London (yes, Big Media at the time was the publishers and booksellers) to prevent competition and make more money. They sought exclusive ownership for the publisher (not the author) of the copy (i.e. text, not duplicate) of any book printed, of infinite duration. When they couldn't get this, they negotiated down to a right of limited term, and belonging to the author -- but of course, since the author had no printing press, he had little choice but to sell that right to the publisher on their terms; the limited duration chafed a bit more, and they made repeated efforts to fix that, eventually succeeding in the 20th century.

      Seeing the success of the publishers, other content industries eventually clamored for their piece of the anti-competitive pie, and got their works added to copyright law as well. (And it was always the industry pushing for the law, never the actual content creators -- because it was about making money, not protecting hitherto-unknown "property" rights.)

      So, if there is indeed a such thing as human property (as every civilized nation recognizes), the "case" for abolition is just an excuse for theft.

      FTFY ca. 1800. IOW, what every civilised nation recognizes has fuck all to do with what's right -- civilised nations are quite good at perpetuating unjust institutions, as long as it's making the right people a neat profit.

    6. Re:The fundamental question by Tony+Isaac · · Score: 1

      If you read my original post, you'll see that my premise was IF...THEN. It was not my intention to argue for the legitimacy of intellectual property, merely to draw a logical conclusion based on the assumption that it is legitimate.

      No, of course pirating a copyrighted work is not equivalent legally to killing a policeman. Neither is shoplifting.

      You can't illegally copy a copyrighted work without depriving the creator (owner) of income that could otherwise be derived from that work. This is the crux of the matter: many creators / authors would not do what they do if they were not able to derive income from their work. If we as a society value the contributions these creators make to our society, we have to have a model of rewarding them monitarily for their efforts. That is, at its core, the basis for the legal recognition of intellectual property.

    7. Re:The fundamental question by Travelsonic · · Score: 1

      You can't illegally copy a copyrighted work without depriving the creator (owner) of income that could otherwise be derived from that work.

      I'm having trouble seeing how that makes sense. First off, remember this is POTENTIAL income -> the absence of piracy does not mean it will happen anyways due to a myriad of other reasons. You act like by wanting it the money is already theirs - think of the paradox that creates... I pirated a song, somehow that deprived them of some money - others believe I stole that money, but that money was never spend in the first place and still belongs to me.

      Copyright was never meant to be a revenue stream in of itself - a tool that can be used to create one yes, but I think these arguments distort the issue, and the intent of copyright in the first place.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    8. Re:The fundamental question by UnknownSoldier · · Score: 1

      You completely missed the point -- morality was not the point -- what is acceptable in one society as normal, is an abomination in another, due to people's understandings at the time.

      Copyright is spiritual immaturity. Other civilizations and races have out grown it. That doesn't make it wrong. It is a necessary learning experience until humans grow up.

      > But it would be hard to argue that it is inherently wrong for the law to recognize intellectual property,

      Not its not.

      Is it legal to loan your CD to your friend?
      To a stranger?
      To a thousand strangers?

      You're confused that the medium somehow magically makes a difference.

    9. Re:The fundamental question by richlv · · Score: 1

      If we as a society value the contributions these creators make to our society, we have to have a model of rewarding them monitarily for their efforts. That is, at its core, the basis for the legal recognition of intellectual property.

      the point of depriving somebody of some potential income in the future was already responded to. as for this. no, we don't need a model to reward then financially. the purpose of copyright is to stimulate creations for the public good. one way of that is to create possibilities for financial gain. note the "possibilities" part here, it's important.

      the copyright is not an entitlement to a reward. no author is entitled to money because they created something.

      to get back to the public good part - all works after copyright expires are supposed to enter public domain. that's the public good part. not the "zomg, we created something and locked it in safe". i recall reading that we lost lots of initial films because of such attitude...

      and for the public to benefit, works have to enter public domain after a reasonable amount of time. current terms are way, way too long and is a total perversion of the copyright's intent. initial term was 14 years (and that was when duplication was very, very hard compared to today), which has been extended (even for existing works !). this has made copyright have an image of an unfair, ridiculous limitation that isn't something many in the younger generations feel is fair to the public.

      short summary - copyright is not entitlement to money, it has been perversed by extending the period, making copyright period closer to the original one would make people more likely to actually obey it.

      --
      Rich
    10. Re:The fundamental question by Anonymous Coward · · Score: 0

      Time has passed. Information move faster and more freely today than it did. A copyright is only good for a month or six (intentional separation there).

      Beyond that, it's just a prayer that money will keep coming in on whatever it is being sold. Copies of it don't necessarily (yes, I said NECESSARILY) prevent income. Income may already have been prevented by a person not wanting to spend money on this "something" that they heard, saw, watched, read, whatever. So case A, they didn't spend. Case B, they didn't spend.

      In fact, there's a better chance with case B (copying) that they will be impressed by it and pass word along so that some other individual or group may spend money on it. One that would never have heard of it had you not passed word or samples along to them.

      I'm rambling, but you get the message.

  22. Confused about who the customer is by Maximum+Prophet · · Score: 4, Insightful

    Contempt for customers

    He then goes on to demonstrate several instances of where the local TV stations screwed the audience.

    You are not TV's customers. You are the product being sold to the advertisers.

    One Time Warner exec when so far as to say that people who TiVo shows and fast forward through the commercials are thieves. (As well as people who switch channels, or use the euphemism during a break)

    If TV exec's could Ludovico you, they would.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:Confused about who the customer is by Anonymous Coward · · Score: 0

      You're right.

      I find that depressing.

    2. Re:Confused about who the customer is by lexman098 · · Score: 1

      Yes, but I don't feel comfortable with being the product when I'm paying them.

  23. Taken out of context by Deliveranc3 · · Score: 1, Interesting

    I'm an english major, though I'm also a computer scientist. My preference is to speak as simply, rapidly and directly as possible. I find that there are often misunderstandings where people should have been able to make inferences but were distracted or under a false impression initially.

    I think everyone has things in their life that if taken out of context could be interpreted poorly. Friendships with people who became troubled. Comments that could be taken out of context. Teenage angst that if applied to an adult might indicate extreme sentiments.

    The deaths caused by unibombers, Bin Laden's, serial killers, etc. Are really a tiny tiny fraction of deaths. Further these acts tend to be caused (at least from the perspective of the perpetrators) by mistrust from society and the victims. Adding the level of security that the U.S. intelligence agencies seem to be so keen on will vastly increase the amount of paranoia, social distance and hostility in that type of mind.

    By looking at possible causal factors you drive practitioners of victim-less but socially frowned upon activities underground, where they will form groups united by their distrust of society and authority.

    It is unclear whether these government agencies would act to prevent true subversion (such as bitcoins or revolution) but they certainly seem to be used for things like Watergate, monitoring peaceful protests and tracking down people who borrow subversive materials from the library far more than they are used to detect real threats.

    The Jury system where you are innocent until proven guilty has given westerners a level of trust in authority not seen before in the world (minus certain minorities who may or may not be justified in their distrust). The current action of intelligence services completely undermines that. It will have consequences.

    I'm still in my late twenties but I've found that no one thinks they are a bad person. Many violent or seemingly vindictive acts are thought of as retaliation. Asymmetric warfare is a real thing, and giving motivational ammunition to groups like Anonymous, gangs or "Fight Club"s would seem to be building pressure in a vessel.

    If the president (Obama) can't pass the legislation he wanted to enact (removing the troops) because of interference from the administrative elements of security councils then the will of the people is already being subverted.

    Eventually someone will stop the rat race for success with a goodly amount of resources and decide that blowing up say, Langley, Microsoft, T-Mobile or New York is the most meaningful accomplishment they can leave behind.

    I hope the think tanks at Darpa and RAND to consider the implications of a world with $20 remote control airplanes, 3D printers, open source software, global communications combined with a selfish governing body.

    Louis the XIV had spies everywhere, didn't help much.

    A guillotine is still a simple thing to make and being middle class is the safest place to be.

    I've tasted blow fish, it's delicious, but if I hadn't I really would have missed nothing. If we move towards removing copyright, patents, etc. People will be happily driving around in well made cars, eating food that's delicious and cheap and not willing to commit horrific crimes. If you make poverty a crime... well Liberty, Equality and Brotherhood might come again.

    1. Re:Taken out of context by Anonymous Coward · · Score: 0

      f the president (Obama) can't pass the legislation he wanted to enact (removing the troops)

      Haven't been paying much attention to Slick Barry, have you? Removal of the troops is the last thing he wants.

      Louis the XIV had spies everywhere, didn't help much.

      Louis the XIV was dealing with yammering cheese-eaters, and he himself was no Stalin.

      A guillotine is still a simple thing to make and being middle class is the safest place to be.

      Good luck hiding behind that rickety, flimsy wood. I'm sure you'll find it doesn't protect well against 5.56x45mm NATO.

    2. Re:Taken out of context by Anonymous Coward · · Score: 1

      My preference is to speak as simply, rapidly and directly as possible.

      please do it next time.

  24. The Case for Monopolies by flaming+error · · Score: 1

    The constitutional rationale for "exclusive rights" is to encourage the arts and sciences. This is probably unnecessary - both existed before so-called intellectual property protections did.

    The whole idea of claiming responsibility for a creation is shaky; good creators copy, great creators steal. When 'IP" protections kick in after the creator has climbed onto the shoulders of prior giants, it seems inherently unfair.

    Practically speaking, as to science, there's enough of a money motive for new technology that patents can and do help push the envelope along.

    But painting, storytelling, singing don't necessarily advance just because you forbid anybody else to copy the work. Artists who choose their field for the money are probably going to be disappointed, but if they do make it, it's often more about marketing than merit.

    And it's the marketeers who often reap most of the reward. Getting paid for their marketing work is fine, but then the monopoly protection is helping the marketeers, not artists in general or edgy art in particular.

    So my "case for piracy" is that there's no strong case for monopoly, and "piracy" is what the artists themselves do and have done for millenia.

  25. I am also no Pirate! by stomv · · Score: 1

    I too don't download music, don't torrent music, don't P2P music. I too am a model citizen.

    More about me:

      * I purchase 50-100 CDs per year.
      * Every single one of them is purchased used, from used record stores, from Goodwill et al, from Amazon resalers, from friends, from garage sales. I rarely pay more than $3. I then rip them to mp3 and store the CDs in wine 12-pack boxes in my closet.

    Wouldn't the music industry love having an entire market of folks just like me!

    P.S. I'm willing to wait to find the CDs I want the most, both because (a) I'd prefer to have a smaller environmental footprint and the used market allows that, and (b) because I despise the way the RIAA has handled itself, and I don't want them to get my cash.

    1. Re:I am also no Pirate! by Anonymous Coward · · Score: 0

      Over 1800 secondhand CDs purchased thru used disc stores, all ripped and the CDs stored in a basement closet
      I am having trouble finding El Peyote Asesino - Perkins, not worth it to become a primate

  26. Ah, it's the ABC by TheVelvetFlamebait · · Score: 1

    I'm a bit of a fan of ABC. For a government-funded institution, they're surprisingly willing to present unpopular opinions. As someone who is a firm supporter of copyright and decrier of piracy, I do still applaud the issue being brought out into the open like this, on mainstream media. This issue must be talked about, because marginalising it does no favours for either side. May the best logic win!

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    1. Re:Ah, it's the ABC by Anonymous Coward · · Score: 0

      For a government-funded institution, they're surprisingly willing to present unpopular opinions.

      That's very standard. Check the BBC in the UK and ABC in Australia, I assume there are plenty of other non-English ones as well.

      It's funny how, when you don't need corporate sponsors and advertisers, you can basically say whatever the fuck you like even if it upsets the status quo.

    2. Re:Ah, it's the ABC by Sabriel · · Score: 1

      I'd support copyright, if it still existed: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

  27. See sig by GameboyRMH · · Score: 2

    My new sig is relevant.

    (copied to body for future reading: http://www.wired.com/underwire/2011/10/alt-text-ultraviolet/)

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  28. Somewhat agree by HideyoshiJP · · Score: 0

    I can agree that media corporations have become increasingly hostile to the consumer. They won't be satisfied until they've got advertisements on the back of your eyelids that they'll charge you for. I don't, however, feel that I'm entitled to pirate things. Have I in the past? Sure. Will I again? Maybe. I try not to pirate so much anymore, and I generally purchase the pirated content I really like. I feel there's a better option, though. Despite missteps, I feel that Netflix and other subscription services are the best way to flip the bird at content owners. Are they getting money from it? Sure, but they're losing something more important to them: control of distribution channels. I'm being optimistic, but I hope that this will make things more competitive, and ultimately more consumer-friendly. The only downside to this is that it does nothing to fix the bass-ackward copyright laws that seem to extend by twenty years every ten or so.

  29. DRM and Walled Gardens by Anonymous Coward · · Score: 0

    I actually bought music on itunes. I went to play it on my car mp3 player and had to convert it. Of course there was a company that would charge me $20 for a program to convert it. So I gave up and found the song on bit torrent. Then came the day when I got married and the wife and I tried to combine our music collections. Itunes would let me put her songs on my phone, but wouldn't let me play them. So I gave up and got the files via torrent. Then came the day my PC died and I tried to redownload the songs from itunes. Itunes said I already owned them and wouldn't let me download them or buy them again. So I gave up and went to torrents.

    I have tried to pay for music and gotten screwed so many ways. In the end, the solution was simply to go to the torrents. Like Pavlov's dog, I have learned through repitition where to get my music. Shame on them for turning off a paying customer. I tried. I'm done trying.

  30. Might get some good music then by BOUND4DOOM · · Score: 1

    I am betting none of the music you purchased was Beiber or Spears. Perhaps if they were all like you we would finally get some good music. I am 40 now and I used to purchase a lot of music. A cassette tape then CD a week. I still buy music once in a while, but maybe 5-6 albums a year. Simply because most new pop music sucks. This month is the first month I purchased 2 new albums in the same month in a very long time. Five Finger Death Punch and Evanescence both released new albums this month. However there is nothing else I am looking forward to. If you are wondering, no I do not just like metal. I like classical and some rap and a wide variety. Just no country twang stuff. Still only maybe 5-6 albums a year are even appealing to me. I will buy music if they make good music. Also they really need to find a new way to market music. Radio stations have also gone away for me in the midwest. I stream radio from LA now. Most radio here went pop, country twang, or sports talk radio. When I was younger MTV used to play music videos, and I would watch and listen and find new bands and new music. However that path of advertising music has gone away. So if it doesn't stream anywhere I don't know it exists.

  31. Wasn't there another story... by sohmc · · Score: 2

    ...that summarized that the reason MPAA and RIAA get their panties in a bunch is because they no longer control the market? They've always controlled distribution, sales, etc. Now, artists have less and less of a need to have a publisher since they can publish directly to itunes, amazon, etc. leaving the companies in the analog dust.

    My issue with legit copies is that there is sometimes so much protection and so much annoyances (e.g. FORCING me to watch an ad on a DVD) that it's almost easier and more convenient to pirate.

    --
    We don't live in Shouldland.
    1. Re:Wasn't there another story... by hawkeyeMI · · Score: 1

      Here are some options regarding DVDs:

      1. Pre-rip DVD, sit down to watch it from NAS on TV, enjoy content
      2. Watch DVD in legit player. Wait for ads for shows and movies I don't care about, anti-piracy messages, studio names and animations, etc, finally get to watch content.

      Which option is more appealing to you? Every time I choose option 2 I am appalled anew at the crap they make you watch before you can actually watch the DVD. I don't own a Blu-Ray player, but I assume it's just as bad?

      --
      Error 404 - Sig Not Found
    2. Re:Wasn't there another story... by k6mfw · · Score: 1

      >Now, artists have less and less of a need to have a publisher since they can publish directly to itunes, amazon, etc.

      or maybe putting their tunes on their own webpage and burning their own CDs. A local up and coming band was featured a few weeks ago in SJ Mercury News. These 20-somethings have become a sensation (though I'm an older guy so I never heard of them before, and forgot name of their band) and these artists talk about they are almost to a point where they can leave their day jobs. They mentioned about burning their own CDs on their personal computers, making their own copies and give them away for free to their fans (which increases their exposure). They also said it is a lot of work being a musician but they enjoy it. Reminds me of similar article of this here on /. and someone commented you need to search and look for the indies, lots of good music out there which you will never see from The Big Four [music publishers].

      On subject of pirates, I went on a New England cruise, one of the stops in Boston is when leaving the ship, a photo opportunity with couple in swashbuckling pirate outfits. I asked, "What do you pirate? Ships or software?" They didn't answer.

      --
      mfwright@batnet.com
    3. Re:Wasn't there another story... by SkimTony · · Score: 1

      It's worse - sometimes the movie won't play because you don't have the right version of firmware on your player, even if you've just updated that afternoon (The ads, previews, etc. always play).

    4. Re:Wasn't there another story... by lexman098 · · Score: 1
      3. Download pre-ripped movie. (even easier)

      The MPAA doesn't care if you did it or if you let someone else do it for you. Granted, you're not supporting the makers of the film with option 3, but I think this is the point that the article is getting at.

  32. It's not about Copyright, it's about control... by super-papa · · Score: 2

    So you want to hear music, what would you like to listen? Good music that isn't owned by RIAA? Goodnes gracious, no! Listen to the latest boxed artificially flavored crap from Britney Mandy Simpson. Or whatever. Or listen to the rebellious millionaires who sing about being depressed.

    What! There's a way for people to access music we can't sell them and don't want to re-release? NUKE IT FROM ORBIT!

    It was never about copyright, it was always about control. If the album you want to listen is not on the record stores, it's on purpose because it has ceased to make revenue to the "publishers" ( forget about the 1% they give to the artist). If you happen to have it in your HDD, and you share it with people, it's not costing them sales money, it's costing them brain space in you. If you make your musical taste on your own, without the bombardment of the coporations, radios, TV, movies, etc, YOU ARE DEPRIVING THEM OF THEIR FUTURE REVENUE.

    Old music is what people will always listen and remember, and are willing to pay for. It's better if they can only get it for free. How many albums have The Beatles sold between 1960-1970, and how many after that? I'm betting more after and will keep rising, quality never rots. But how many albums will B.M.S. sell in 5 to 10 years? Obviously, not counting the OD or DUI death or whatever.

    The Corporations want to control what you can consume. So they are limiting your access to it.

    1. Re:It's not about Copyright, it's about control... by Anonymous Coward · · Score: 0

      Old music is what people will always listen and remember, and are willing to pay for. It's better if they can only get it for free. How many albums have The Beatles sold between 1960-1970, and how many after that? I'm betting more after and will keep rising, quality never rots. But how many albums will B.M.S. sell in 5 to 10 years? Obviously, not counting the OD or DUI death or whatever.

      The Corporations want to control what you can consume. So they are limiting your access to it.

      This is one of the main arguments from the Public Domain movement: opening the floodgates on the copyright wall. For every 1 album you can still purchase new today, there are hundreds no longer available/deleted from catalog. Yes, The Beatles (and Pink Floyd, and the Stones, and Jimi Hendrix, and a long list of other big names) will still be able to sell their sixties stuff today, but is that a valid reason to keep "the rest", being the vast majority of content, locked up too?

  33. The day that corporations by Grand+Facade · · Score: 0

    were given individual rights was the beginning of the end.

    My interests have not (or completely in-adequately) been represented in almost any level of government.

    For the greater good of WHOM?

    Copyright and more so patents have strangled inovation and change.

    What does the end game look like when 2 or 3 remaining mega-corporations hold all the patents?

    --
    Rick B.
  34. environmental footprint by ace37 · · Score: 1

    Since you said you buy used CDs partly to keep your environmental footprint minimized, I'm making the assumption you do so on your larger scale purchases, i.e. buy used cars for the same reason and so forth.

    Although I don't carry the same level of environmental concern as you appear to, I have to say power to you on defending your statement through lifestyle choices and action. I wish all who proclaimed those sentiments also acted accordingly.

    1. Re:environmental footprint by stomv · · Score: 1

      In my case, I try to. My family doesn't own a car -- but my used bike, the bus, and an occasional carpool has done a wonderful job getting me to and from daycare, work, and local activities. Yes, I live near good transit, but I don't "happen to", I choose to, and pay extra for the privilege. I live in a small condo in a large building, resulting in much lower need for heating or cooling. My electric bill is about 130 kWh a month except summer, when it's more like 170 kWh. I try to eat local food [though I don't try too hard], and I limit my meat consumption to perhaps 1-2 pounds per week.

      I'm not perfect -- I fly 1-3 times a year, and my family is flying from Eastern USA to India (and back) early next year. Between work and home, my family probably acquires one new computer each year.

      Still, mix a little environmental awareness, a little health concern, a bit of stinginess, and the ability to plan long term, and it's actually quite easy to reduce one's negative impact on the Earth substantially while improving both health and enjoyment. May I humbly suggest you make a single lifestyle change which will be better for your Earth, your wallet, and your body. Once you've got that one incorporated, consider repeating.

  35. stability, morons and technological evolution by Anonymous Coward · · Score: 0

    Evolution occurs when a particular mutation or systems change (if you will) is favored by changing conditions. Changing conditions. Not stable conditions. Changing conditions. Morons in business and government tend to strive to create stability. As stability increases mutation or systems change decrease. A stable system subjected to a sudden chaotic change will cause mass destruction and/or extinction. The ice age caused by a volcanic eruption causing the extinction of dinosaurs. The current mortgage crisis causing mass destruction in business and families.

    Essentially, striving for stability creates the conditions necessary for mass destruction.

    The morons trying to enforce copyright stability are actually creating conditions which will result in mass destruction in the arts and computer technology. It is actually pretty hilarious.

  36. The Public Domain by CanEHdian · · Score: 2

    It's a well-written article, and touches a couple of excellent points on necessary changes in Big Contents' business models, but one issue remains only lightly touched on by way of a link to Mickey Mouse Copyright Term Extension Act: excessive copyright terms, with no further explanation what this actually means for the average user. The Public Domain going mainstream is what Big Content is afraid of more than piracy.

    The 33 rpm vinyl recording was introduced shortly after World War II ended; as you can imagine the sheer number of albums released on that format worldwide is incalculable. How many of those have fallen into the public domain by now, almost 30 years after the introduction of its intended successor, the compact disc? How many 78 rpm records, quickly abandoned after the introduction of the LP, are actually still under copyright today?

    Do you have any idea how much music, literature, sound recordings, etc. would be freely available, freely available again after decades of being unavailable, and available for remixing/re-interpretation/whatever else creative you can do with it? Granted, this wouldn't make any difference for those that run after current trends only (Gaga, Bieber), but it still would enrich the lives of many that actually enjoy exploring.

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
    1. Re:The Public Domain by Anonymous Coward · · Score: 0

      Recording Title: Rose mousse
      Musical group: Sousa's Band
      Recording Date: 1900-10-06

      Rights & Access

      This recording is protected by state copyright laws in the United States. The Library of Congress has obtained a license from rights holders to offer it as streamed audio only. Downloading is not permitted. The authorization of rights holders of the recording is required in order to obtain a copy of the recording. Contact jukebox@loc.gov for more information.

  37. The Internet is a Neighboorhood Library by Anonymous Coward · · Score: 1

    I think we, as a people, look at the Internet in a dysfunctional way. I think in large part this is as a result of Gibson's early vision of the internet as "Virtual Reality". We have worked hard with that idea in mind to create the internet as another world, another America within America, where we can buy and sell our wares. The effort has largely been one of promoting Capitalism.

    However, I think the truth of the internet, is that its much more like a local library than a market. Bit-torrent, for example, uses an index card method of distributing files and its acquisition method is quite similar to a book donation. The problem lies in the innate copying functioning that comes with anything digital. The effort, with Capitalism in mind, has been to make things copyable but only just enough and only when we make money. Which necessitates that Man's creative effort work against his Corporate effort.

    If we began seeing the internet for what it truly is, man's greatest library, instead of what its not, man's newest market. A lot of this debate becomes moot. We should handle licensing just like we do for libraries and the cost of using the library should be the fee you pay to access broadband. I'm sure you're already asking yourself, then how do we get rich? We don't, at least not financially. The real benefit is in the generation that grows up with that much access to that much information and the innovation that happens next. That, you simply can't put a price on.

  38. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  39. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  40. You don't have a right to movies by Volundr · · Score: 0

    This entire piece boils down to "I don't like what the content providers do, therefore I take it". Like it or not, someone who produces (or buys the rights from the producer) content has a right to determine to whom they distribute it too, how, and for what price. If you don't like their terms, you have the right to NOT BUY the content. You do NOT have the right to take it anyway.

    Just because I don't like the prices my local cable company imposes, doesn't give me a right to pirate their, anymore than than I have a right to steal a car from a dealership I don't like. If you don't like the way these companies do business, simply don't do business with them. If people do that, pretty soon they'll either change their practices or go out of business. On the other hand, if you insist on taking the content anyway, they see "lost business" and of course attempt to recoup that (and more if they can, they are a business after all) through legal means.

    I understand the attraction of piracy, but to try to claim it's justified requires that you assume you have a right to that content, which is clearly patently false.

  41. London Olympics by psydeshow · · Score: 1

    I'm hoping that the 2012 Olympics really push the "intellectual property" rights of the individual over the top.

    This will be the first Summer Olympics held in a city where personal phones double as media streaming devices.

    Every four years, big media pays boatloads of money for the exclusive rights to broadcast the games in their home territories. As a result, the organizers try to ban cameras and recording devices at venues, and restrict people who attempt to disseminate information or stream media coverage to viewers in other countries. It's utterly fucking ridiculous given the spirit of the Olympics as an amateur competition, but we all know that's naive so whatever. We just have to be glad that ABC or FOX or whoever is showing the event we want to see at all, and not complain that it gets timeshifted to 4:30am two days later.

    How are they going to stop it in 2012? Take away people's iPhones at the gate? Turn of data coverage? Disable VPNs like Iran?

    How will people react to that kind of restriction on their freedom to communicate... in London?

  42. I propose by DeeEff · · Score: 1

    I propose that we oust Hollywood and then change the copyright system so you have two choices.

    Apache.
    Creative Commons.

    BAM. Piracy doesn't exist anymore. Problem, Hollywood?

  43. the lie of intellectual property by bussdriver · · Score: 1

    Intellectual property is a PR (aka propaganda; you don't think they'd keep such a negative job title?)

    It makes no sense. ideas can't be stopped; they are not tangible and can not be property. Maintaining the illusion is a group exercise in shared agreement with no more to it than how we uphold the importance of curse words.

    I'm surprised that a /. poster would compare physical theft with duplication as if there were no difference.

    The copyright and patent laws are a social contracts where by our society sets up rules to reward those who share great ideas; it is merely a reward system vs a non-system where grateful people simply donate to the author or the author exploits their creator advantage. Mankind progressed greatly without a rigidly defined contract; arguably the existence of a known set of rules did provide benefits for some during a long period of time, but many things would have come about without that system or a multitude of alternative systems the society could have designed (some may prove better.)

    Music, TV, and Film are NOT important. Its sad we waste so much time on that shit. Again, mankind made more progress without those. Oh, I suppose you are thinking of music, plays, and books that impacted and defined cultures throughout history? Those occurred without todays system or even any system at all; the social contract is not required; even relying upon donations in an anarchist situation is not required. People create such things naturally... or they used to when they were creative and had hobbies... now we are mindless consumers.

    Now engineering...sciences... that is another topic and one that is far more important to mankind than "new" stories or songs. The whole point as mentioned in the constitution is to try to encourage disclosure for the benefit of mankind by providing some temporary rights. Say, anybody know how copywrite extension is constitutional?

  44. Copyright reform has a point, and a party... by h00manist · · Score: 1

    There's a difference between quantity and quality.

    10-20 years of STRONG copyright is fine. 70 years is pretty absurd, if for nothing else, except for a few rarities, only books have much value if over 20 years old.

    There is something to do about it.
    http://en.wikipedia.org/wiki/United_States_Pirate_Party

    --
    Build your own energy sources from scratch. http://otherpower.com/
  45. how much music did you have access to? by nurb432 · · Score: 1

    For those that wanted it, about the same. Tho i agree its faster to get it via a download than wait 2 weeks for a tape or CD arrive from Italy or something.

    --
    ---- Booth was a patriot ----
  46. Why? by Anonymous Coward · · Score: 0

    Why go though life denying yourself the pleasure of art just to stick it to copyright holders when you can pirate, enjoy, and deny profits? You only have a short time on this earth and I'll be damned if I'm missing out due to some greedy turds. The music I've bought on iTunes since getting an iPhone is the first music I've bought since the 90's and it's because I wanted it now, it was easy and it only cost me a dollar at the time.

    So give me what I want, when I want it, the way I want it and I'll give you some of my money dear copyright holder. Your "rights" are granted by the common citizen and we can rescind them anytime, in theory at least. Don't tell me I can't watch a show in Canada because it's US only (looking at you Netflix) because I want it and I know I can have it now on piratebay.org. If I have to resort to that than why bother paying you at all?

    Don't try to control what I do because you can't anyway, and I just resent you for it and then feel good about pirating your goods. Maybe if you actually wanted to sell me just what I want for a fair price I'd feel bad about "stealing". Provide something that's as easy and complete as piratebay and you can have a nice monthly fee from me.

    If you don't want to then go pound salt.

    1. Re:Why? by CentTW · · Score: 1

      I've got a very similar outlook to GP, I don't pirate things. If I don't like the terms associated with the media I'm currently interested in, I find something else to be interested in/do. Here's why I act that way.

      • I like having laws. They're my first line of personal defense. Laws are worthless unless people (like me) can follow them, even if they don't necessarily agree with them. There are exceptions to this of course, but wanting to watch some movie without paying for it isn't exactly a major injustice.
      • I don't want to be sued, and generally do not want to engage in behavior that increases my odds of being sued.
      • By consuming media, I'm accepting that as part of my culture, whether I paid for it or not. I refuse to let organizations who refuse to play nice into my culture.

      I'll be damned if I'm missing out due to some greedy turds.

      This seems to be the core of your argument. I've got some bad news for you... you're missing out. Everybody is.

      Nobody gets to see all of the culture there is to see. Nobody hears all of the good music. Nobody plays all of the good games. Nobody reads all of the good books. Nobody sees all of the good plays. There's just too much of it. There's probably more culture local to you, than you could ever experience, and that culture isn't owned by some corporation. If you'd take the time to look at that culture instead of the stuff owned by the corporation, you'd probably like some of it even more than what the corporation is offering.

      If the big corps really did have a monopoly on culture, and none of them played nice, I might consider piracy to be a somewhat reasonable form of protest.

  47. Companies with bad products still don't get it by FyberOptic · · Score: 1

    For years, video game developers released demos of nearly every product (or better known as shareware back in the day, encouraging people to spread it around) so that people could try a game out and know whether they liked it. This meant if your product was crap, you very likely weren't going to make any sales. I don't think it's just nostalgia talking when I say that many of the successful games of that period were of top-notch quality from the start.

    These days, there's an overwhelming amount of software produced with nothing available for the user to actually see if they like it before throwing money at it. And when we're talking like $50 games, that's kind of outrageous for developers to expect people to blindly dole out. If I pirate a game, and I think it's total crap, then I'm not paying for it. If I had played a demo of that game, I would have come to the same conclusion and they still would have never received my money. Though if I had actually bought this game, what recourse do I have? I can't return it, so I'm screwed, and at best can sell it back to say Gamestop for a fraction of the original cost (which they will then put back on the shelf for $5 less than retail). So while I don't pretend to dismiss the legality of doing this, I certainly don't lose any sleep over saving myself from losing so much money, either.

    Sometimes a company builds a good enough reputation that a demo is not entirely necessary, though. I know for a fact that pretty much anything in the Half Life series is going to be excellent, for example. I've never regretted any of the money I spent on them. And yet, ironically, there are demos available for most of Valve's more prominent games. Valve knows how to build customer loyalty, but also leaves the door open to people new to the series. And not only that, they give users a very easy way to purchase the product if they do like it, through Steam.

    Other times a good game does show up which has no demo, but yes, if it's a good enough game then it still warrants being bought. And it still warrants my praise of it to others, encouraging them to try it. But at the same time, when I'm convincing somebody of getting a game, it would be a lot better if they had a demo they could try, otherwise they might end up blaming me for spending the money if they don't like it. No demos is just bad for everybody.

    Meanwhile, other companies put out garbage, and know they've put out garbage, many times rushed out the door and full of bugs, but they selfishly expect consumers to pay for this without having any idea of what's been dumped upon them until it's too late. And, coincidentally, these seem to be the companies most concerned about piracy, and fill your machine full of broken DRM.

    It's similar to record companies, who think putting out autotuned singing over top of music composed on a computer instead of with instruments should just fall off of the shelves, and then they're ready to sue people sharing it when it doesn't sell as well as they wanted, even though it's likely the sharing that's selling it as well as it did to start with.

    So, to put it bluntly, with some selfishness of my own: I'm the consumer, and if you want my business, you'll make good products, and let me try them first to see for myself.

  48. i don't ??? by Anonymous Coward · · Score: 0

    some people's comments here remind me about this line from the movie "Mrs. Doubtfire" movie: "i don't do dishes, i don't do carpets, i don't do laundry..."

  49. You can't change human nature! by Anonymous Coward · · Score: 1

    People want to watch these movies and TV shows, and they want to listen to this music. As long as they can pirate it for free, as long as pirating it is *easier* than any LEGAL and TIMELY and INEXPENSIVE way of getting the content -- then people are going to pirate. As long as people enjoy the benefits of piracy, some of those people will be willing to spend some of their own time and energy distributing content illegally so that many others can enjoy the benefits too.

    Right or wrong doesn't matter -- people are selfish, and they want this content, and most of them are going to take the easiest path they can find to get it, and currently that is piracy. A few rich or principled people will refuse to pirate.

    The only way the content industries can still win, is if they give consumers what they want: cheap, worldwide, low-cost, unencumbered download options. Something legal and convenient and reasonably-priced (e.g. I would pay $1-2 per hour of a television show, if it didn't come in some screwy DRM'd format, or have unskippable ads and insulting and misleading anti-piracy disclaimers like most DVDs do).

    It's almost too late now, as more and more people have tried various piracy methods and have learned how to get the content they want (illegally) with a minimum amount of fuss and effort. If the media industries keep trying to clamp down, and keep giving their customer base a fat middle finger instead of giving them what they want, they will doom themselves to near irrelevance, driving all of their potential customers away to other (illegal) sources of that content.

    Speaking only for myself: I work in the video game industry, and I don't pirate anything (music or games or movies). I can afford to pay for my content, and I believe that it does deserve to be paid for. I do however, use bittorrent to get a couple of current TV shows to watch, because all of the legal streaming options are a DRM'd mess with inconvenient payment schemes and I just don't want anything to do with them. I do buy all of these shows on DVD, usually within a few days of the DVDs hitting stores -- but I'm not going to wait 9 to 12 months to see that content when its so easy to download it illegally and see it now. The DVD distributor is often not the same company that produces the shows, or makes money from airing the shows live... but that's not my problem. They didn't make the content convenient enough for me to acquire it legally. DVDs barely pass my "convenient enough" test -- I get to keep a physical copy, the picture quality is good, the DRM is so weak as to be essentially non-existent. They do have annoying unskippable crap at the beginning, but I can deal with that. So I pay for the DVDs for all of the shows I watch, once they come out. I suspect there are a lot of people like me out there, who are willing to pay as long as its not too onerous (but then its also true that there are a lot of freeloaders out there.. oh well!)

  50. Even PD Titles make money by Roger+W+Moore · · Score: 1

    Once something is in the public domain, there doesn't need to be some sort of "profit incentive".

    ...and yet there still is! Look at all the classic works of literature which are no longer under copyright but which still make money. If a lost work of Shakespeare or Dickens were found do you really think nobody would publish them because there would be no copyright and so they would not make any money?

  51. Cornish smuggling by Roger+W+Moore · · Score: 1

    Copyright is about control today, more than ever before.

    Not really - it is entirely about making as much money as possible, by any means possible. This is greatly enhanced if you have more control and can prevent consumers moving content from one platform to the next or from sharing with friends. However that is the only reason that there is interest in control.

    Frankly the current copyright situation strikes me as very similar to the Cornish smugglers in the 18th century. The british government charged enormous duties on imported luxury goods in order to make money. The result was you could make immense profits by illegally importing goods from France without paying duties. The problem became more-or-less endemic with most of the population effectively benefitting from smuggling - directly or indirectly. Even local magistrates were said to have helped finance some of the operations! Despite increasingly draconian enforcement the smuggling continued until the import tariffs were eventually reduced to the point where smuggling became financially untenable.

    I predict the same will happen with copyright. Eventually the owners will start to sell the works at sensible prices without DRM and the issue of copyright will become far less significant. Lets just hope that it does not take the 100 or so years that it took for smuggling!

    1. Re:Cornish smuggling by Opportunist · · Score: 2

      Control is an important factor in the game. Money is actually secondary, or rather, to make money with content, you first of all need total control over it. There are companies, big, "important" companies, that have virtually no assets aside of content rights. If these rights would cease to exist over time, these companies would lose their right to exist. And while I'd consider this pretty much a given thing and the way things should be (since, well, if all you do is sit on content and don't produce anything or create anything for the benefit of the population, your company is essentially useless for the population and economy and SHOULD perish), control over content is what keeps them afloat. Losing that control would instantly mean they lose their revenue base.

      Money comes secondary here, because without control, the whole market model is not sustainable.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Cornish smuggling by Roger+W+Moore · · Score: 1

      Money comes secondary here, because without control, the whole market model is not sustainable.

      If they believed that they could make more money by giving up control (as opposed to keeping control) they would do it in a heart beat. Hence the primary motivation is money. The control is just a means to that end.

    3. Re:Cornish smuggling by Opportunist · · Score: 1

      Likely, but control is what makes the money in content.

      Content, or any information, by its very nature, is a resource that can easily be reproduced. Now easier than ever before. And given the law of supply and demand, if the supply is by default infinite, demand cannot even possibly reach a level where the good supplied gets any value. Without control over the multiplication and distribution of content, its value plummets towards zero.

      While you're right that they're in for the money, control is the maker and breaker in that endeavor. No control, no money.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Cornish smuggling by Roger+W+Moore · · Score: 1

      they're in for the money, control is the maker and breaker in that endeavor. No control, no money.

      I'm not entirely convinced that more control does mean more money today: although I'd definitely agree that the record industry believes that it does! Relaxing your control probably means a reduction in sales due to increased copying. However maintaining control costs a huge amount of money (lawyers, PIs, legal bribing of politicians etc.) and it is not clear to me that this extra expense makes more money than it costs, particularly for artists who bypass the large record companies. The problem is that you'd need to significantly change the current business model and I don't think that there are any guarantees that a new model will work so it will take a company with courage to try it.

  52. Their own worst enemy by RandomStr · · Score: 2

    I find it hard to be sorry for the music companies; They produce "by the numbers" music, and rip off next to all genuine artists, by calming that the cost of production through distribution is 99.9% of earnings... Akin the the movie industry claiming that a recent Harry Potter film didn't make profit...
    But I don't support piracy either, artists need to eat, and diverse to profit from their work too...

    It's not just digital downloads that have changed the music industry, i.e. distribution; an album can be recorded "at home", if ya know what your doing. So if the cost of production and distribution are not prohibitive factors, so how dose the industry justify the "mark-up"?

    Radio you say. Yes the network to promote the music is "buttoned up tight", and the relationships go way back, so penetration is still an issue, though it shouldn't be...


    Materialism vs. Virtual downloads: When I was a kid, there where these things called cassettes, you could even copy music on to them, but it was never as good as getting the whole package, album art, song lyrics, etc. Paying for a digital download still don't feel as "good value" as having the product sitting on my shelf.
    If you buy an album these days, your lucky if you get more than a single sheet of paper, badly printed, and I cant remember the last time I saw lyrics...

    So I pose the question; Has the reduction of the physical product made it easer to see value in the digital download, or has it blurred the line between a copy and the real product?

    I see digital download(low profit) as eating in to physical record sales(higher profit), rather than offsetting the piracy numbers, so why dose the industry fixate on a non-markets rather than retaining(premium) paying customers?

    PS. I've read statements recently that movie studios are becoming "more concerned about loosing distribution than the issue of piracy", very strong words...

  53. TFA by Anonymous Coward · · Score: 0

    Too bad the TFA gave piracy a bad rep by being mostly a rant against the current system while not addressing the benefits of pirating. The author could have easily just have written an article justifying stabbing a guy singing "Friday" over and over again. He considers piracy to be an illegal act to vent frustration. If you look closely and critically maybe there might be something there, but for most just doing the skim through yields petty results and almost builds a counter-case to his main point (maybe because it is on a corporate website).

  54. Why did submitter cherry-pick a _music_ flame? by Anonymous Coward · · Score: 0

    The music industry's period of telling customers to keep their money should remain part of the history record, but why stress it? When you compare it what's still happening with video, it was really a pretty brief flirtation.

    Nowdays you can buy a CD and be pretty sure it's standard and you won't have any trouble playing or compressing it. I haven't stumbled onto a nonstandard CD in my purchases for nearly ten years now. A decade: that's how dead this horse you're beating is. People who want single songs ala cart, without DRM, can buy them from a variety (albeit small) of vendors, and while the artist selection is limited, it was always like that with brick'n'mortar too. One very popular vendor eschewed the web and requires a proprietary client to handle the purchase, but that's a problem with that particular vendor and not the industry in general.

    In music, most of the bullshit is over and everybody won. If you want to talk about a "case for piracy" then for a submission summary, I would have quoted a current practice (so you'd probably pick something from the video industry), or if you just have to pick on the music industry, then talk about how piracy showed them a market they just couldn't ignore, so that they ultimately chose to do business. That would be a good thing to talk about, for those who want to fix the remaining problems.

    The TV and Movie industries don't want your money. That is part of the case for piracy. The music industry is open for business, and they're not part of the argument anymore.

  55. Copyright Infringment != Piracy by AP31R0N · · Score: 1

    Calling Copyright Infringement is propaganda... an attempt to make file sharing worse than it really is. Every time one of us calls copyright infringement piracy we are playing into their hands. Language is the operating system of thought. So YES is DOES matter what words we use and how we use them.

    Piracy is ship to ship armed robbery, murder and kidnapping. Downloading a CD is NOTHING like that. It's closer to Data Shoplifting. /Descriptivist idiot offering sophomoric "but but but languages change LOOOLlOoaOoLLO1LO!!!11!" in 3... 2... 1....

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  56. The killer doesn't get the copyrights. by Anonymous Coward · · Score: 0

    The killer doesn't get the copyrights. So why would they kill Britney to let EVERYONE have copies for the cost of a "copy" command?

    If anything, a right extending beyond death would make someone want to kill the copyright owner so that they can get rid of the artist who may have reservations about how their work is used (cf Bill Watterson and Calvin and Hobbes). The corporation can just buy it up and use it as they wish.

  57. What about... by Anonymous Coward · · Score: 0

    You can make all the arguments about money you want for piracy.

    The biggest argument I can possibly think of is that legitimate consumers (people that buy their movies packaged, in a store) are being punished as though they are pirates already. We have to sit through piracy warnings, ominous paragraphs that start with "FBI WARNING", and umpteen previews which you can't skip, commercials that warn us that piracy is stealing, just to watch the content we _PAID_ for. WTF?

    I ordered a copy of Iron Man 2 on blu-ray from Amazon. I got a counterfeit copy. I was outraged. Just for laughs, I put it in my player. I got a language screen where you pick your language and >gasp the movie started immediately after I chose my language.

    No warnings, no stupid commercials about stealing content, no previews, just the fucking movie, exactly what I paid for.

    That's the biggest argument for piracy right there.

    Pirates don't treat us like criminals and force us to sit through commercials to watch content we paid for.

    Pirates respect us. Pirates give us what we pay for. Pirates have the best deal.

    Every time I order a blu-ray on amazon now, I not only get it from the same company, I keep my fingers crossed that it's counterfeit.