I bet they don't want to limit the government's ability to grant copyrights and patents.
"free markets"
These don't exist for goods given monopoly protection by said governments. (I.E. Copyright or patent protections.) There are no Free Markets in these goods. (Am I wrong? Well there may be Free Markets in goods protected by copyleft copyrights or other Free Licenses.)
I went down to the Free market the other day, but everyone wanted me to give them money before they would let me have their stuff. What kind of Free Market is that? ~;-)
"No sane business operator enters a contract in which one party has the right to disregard its terms at will, but that's what HR-1201 permits."
I just watched someone sign up for two domain names two days ago. The agreement stated that the terms could be changed by the registrar at any time. (With certain notice requirements.)
Am I to believe that these types of terms of service / use do not exist, or that all of the people who agree to them are legally insane?
"*) Plaintiff never gets punitive damages above a certain (small) amount. Any punitive wins in this class get used by a state-run organization to help avoid future problems of this sort."
I have been proposing something very similar for a long time now. Perhaps another use is to compensate others hurt by similar actions or the same player. I don't know, but these damages should not go to the one bringing the suit.
"*) Indirect and direct profits to lawyers in class action suits get capped."
Any ideas on a formula that would work for this purpose?
While I agree with you that copyright infringement is not theft, and by the way, not piracy either, I am fairly certain that there are cases and places where it is a criminal as well as a civil issue and can carry jail time.
The thing is, they know about the cat and the bag. I thought for a second that they may not know about the horse and the barn, but I see from another reply that they possibly do. Watch out though, I think they have a pig in a poke (nudge nudge, wink wink, etc.) and they are trying to sell it to us. I know this guy from Nigeria who is interested in buying all of their pigs if they will only send him their particulars.
Now if the cat was in a box, together with a radioactive atom, a geiger-counter, a hammer, and a flask of prussic acid (HCN), we would have a more interesting business model.
"As I understand it he would never make any money to begin with. The record label would front the money necessary to record, produce and market the album but the artist would be indebted for that amount....
and while the artist retains the copyright on the sheet music the record contract most likely stipulates that the recording is a work for hire, which means the record company retains the copyright to the recorded work."
-----
RIAAHMC: So, Joe Suka, just sign here and you can have the money and get started building your new home today.
Joe: Uh.
RIAAHMC: Is there a problem?
Joe: Um, I am not sure, I am a little confused.
RIAAHMC: What is to be confused about, this is our standard contract. Everyone signs it. It is really very simple.
Joe: Well, what I don't get is that you lend me the money to build my house.
RIAAHMC: Right.
Joe: And then I have to pay you back the money you loaned me.
RIAAHMC: Right, that is standard.
Joe: And then after I have paid you back, you own the house and not me?
RIAAHMC: Sure, that's how we do it! It's standard.
Joe: I think I am gonna try one of them intarweb home mortgage companies. I heard that when banks compete, I win. Almost anything has to be better than this.
"Do other people really spend time downloading random songs they've never heard before?"
Yes, I am one of them. I actively seek out music with a copyleft license and download it. I often run irate radio to see what I can find. I will then pass the best of this on to friends. (Where the license is right.) I also decided not to waste my recommendations on music with non-Free licenses. If you want me to promote your non-Free music, you can pay me for my promotional efforts. That is your attitude after all. Time is money right?
Ah, no. I for one decided up front when I saw the article that if I liked the music I would buy the album.
Note: This is after I have pretty much decided not to give money towards non-free (libre) works. I am willing to make an exception just to reward someone taking a chance.
Any bands out there listening? Release your albums with a copyleft license (CC BY-SA will do for now, even though I am not fully satisified with it yet.) I have just decided to allocate $50 per month to the purchase of Free Music (in physical form for now - perhaps lossless downloads, we shall see.) Get your share. Slashdotters - get in on the ground floor. How much a month will you commit?
Well, gee, if this is the way you want to go, I have a great idea for you.
Let's make breathing illegal and punishable by death. Then, whenever there is a bad guy we want to put out of action, just send the cops around to observe him. Bingo, they see him breathing and arrest him on the spot. He cannot plead innocent as everyone in the court will be able to see the evidence of his guilt.
You can get rid of all the bad guys you want very easily with such a simple law.
"This is an expensive penalty for phishers who are litigated against, but do the lack of criminal accountability and the burden of action on the victim hinder the effectiveness of this bill?"
You know, this may be worse for those who have a suit brought against them as the burden of proof for the other side is smaller. At least this is what I have been made to understand for years. (I may be using the incorrect language however.) Also, can someone who knows tell us if you can have a jury in civil suits?
Now, as much as I dislike the activity, I also dislike laws that have such large statutory damages. (And the whichever is greater provisions.) You may have only suffered a ten dollar loss as a result of someone's foolishness, but you can collect $500,000.00 from them? We really need to go back to the thought of the punishment fitting the crime instead of trying to scare people into compliance. (I am talking in general here and not about phiching.)
"The first thing I do in any new city is take a photo of the metro-system with my phone, I'm not sure how they're going to police against that."
Well, they may try the approach of fining a few "pirates" a hundred thousand dollars and sending them to jail for five years to scare the rest into not violating their precious copyrights. That seems to be one of the favoured tactics.
a GPL (I would put license, but that would be redundant now wouldn't it.)
I hope to keep all of my work going forward under some sort of copyleft type license. (Or at least move them through a system where they end up copylefted.)
"Producing defective software is a cost of business, except the purchaser bears all the cost."
So, instead of purchasing software, they can write all they want from scratch for themselves? And what happens when they don't purchase it but use it anyway?
Perhaps having laws on the books that are not vigourously enforced leads to a lack of respect for law in general.
In my country, we have laws against speeding, various laws relating to where you can park, gambling, public profanity, the list goes on and on. Now, I am not saying they are all bad laws, but it sure seems they are not seriously persued. People are quite happy to discuss their illegal gambling in public, even in the presence of police officers.
When you get a citizenry who, instead of obeying all the laws as a general rule, get accustomed to looking at the laws and deciding which the government are serious about and need to be obeyed and which they are not serious about and can be disreguarded, this is not a good situation in my humble estimation.
To comment on your quote:
"if you're willing to commit one type of crime, you're probably more likely to commit others."
Perhaps, if you get used to breaking a law by commiting action which you think would not be wrong except that it is against the law, and which you see your government is not serious about enforcing anyway, then it is easier to proceed to the next lawless act.
You may be right, but chances are, many of those same people are comparing it to their experiences with their windows boxes which they load comparably.
This mistake is exactly why I dropped piano classes as a kid. I wanted to learn something that I could enjoy playing to myself and friends early in the game. No one seemed interested in teaching me anything of the sort.
"I understand the Free as in beer analogy vs free as in speech."
OK, so you were basically saying:
While there is such a thing as Free Software, there is no such thing as free software.
Something like that?
The problem with the no free lunch idea is that it fails to consider point of view. Who pays and who gets. It also fails to consider the "free" that we get from the division of labour.
Slashdot Mirror
"based on a philosophy of limited government"
3 A%22drew%20Roberts%22)%20OR%20(collection%3A(ourme dia)%20AND%20%2Fmetadata%2Fauthor%3A(drew%20Robert s))
I bet they don't want to limit the government's ability to grant copyrights and patents.
"free markets"
These don't exist for goods given monopoly protection by said governments. (I.E. Copyright or patent protections.) There are no Free Markets in these goods. (Am I wrong? Well there may be Free Markets in goods protected by copyleft copyrights or other Free Licenses.)
I went down to the Free market the other day, but everyone wanted me to give them money before they would let me have their stuff. What kind of Free Market is that? ~;-)
all the best,
drew
--
http://www.archive.org/search.php?query=(creator%
"No sane business operator enters a contract in which one party has the right to disregard its terms at will, but that's what HR-1201 permits."
3 A%22drew%20Roberts%22)%20OR%20(collection%3A(ourme dia)%20AND%20%2Fmetadata%2Fauthor%3A(drew%20Robert s))
I just watched someone sign up for two domain names two days ago. The agreement stated that the terms could be changed by the registrar at any time. (With certain notice requirements.)
Am I to believe that these types of terms of service / use do not exist, or that all of the people who agree to them are legally insane?
all the best,
drew
--
http://www.archive.org/search.php?query=(creator%
You might find my journal post about the RIAA Home Mortgage Corporation funny (in a sad sort of way):
http://slashdot.org/~zotz/journal/118803
all the best,
drew
We can do a bit more as well.
? collection=opensource_audio&collectionid=JohnConst antakisdrewRobertsRainwaterBlues
Seek out, fund and promote people making copyleft music.
Listen to it. Hey you can even fund the creation of some. Or record a local band for free if they agree to release their work with a copyleft license.
Here is a song I had a hand in. If anyone wants the individual tracks, let me know.
http://www.archive.org/audio/audio-details-db.php
all the best,
drew
So, what they want to charge the girl with carries no criminal penalties? Only civil?
all the best,
drew
"*) Plaintiff never gets punitive damages above a certain (small) amount. Any punitive wins in this class get used by a state-run organization to help avoid future problems of this sort."
I have been proposing something very similar for a long time now. Perhaps another use is to compensate others hurt by similar actions or the same player. I don't know, but these damages should not go to the one bringing the suit.
"*) Indirect and direct profits to lawyers in class action suits get capped."
Any ideas on a formula that would work for this purpose?
all the best,
drew
--
http://www.ourmedia.org/node/63600
Paper Plane Design 003 Video
CC BY-SA License
While I agree with you that copyright infringement is not theft, and by the way, not piracy either, I am fairly certain that there are cases and places where it is a criminal as well as a civil issue and can carry jail time.
all the best,
drew
--
http://www.ourmedia.org/node/64732
Paper Place Design 002 Video
CC BY-SA License
The thing is, they know about the cat and the bag. I thought for a second that they may not know about the horse and the barn, but I see from another reply that they possibly do. Watch out though, I think they have a pig in a poke (nudge nudge, wink wink, etc.) and they are trying to sell it to us. I know this guy from Nigeria who is interested in buying all of their pigs if they will only send him their particulars.
/ Schrcat.html
Now if the cat was in a box, together with a radioactive atom, a geiger-counter, a hammer, and a flask of prussic acid (HCN), we would have a more interesting business model.
http://www.lassp.cornell.edu/ardlouis/dissipative
1. Open box.
2. ???
3. Profit?
all the best,
drew
--
http://www.ourmedia.org/node/57503
Paper Plane Design 001 Video
Creative Commons BY-SA License
Bam Sookie!
I was gonna post a new reply and say:
Please, if the GPL were the problem, the BSDs would be ruling the roost. (Or does he think that even the BSD licenses are too restrictive/free? What?)
I decided to read and see if someone had already made the point, and Bam Sookie! You nailed it.
all the best,
drew
--
http://www.ourmedia.org/node/57503
Paper Plane Design 001 Video
Creative Commons BY-SA License
No, but sometimes I wonder if reverse-back psychology does. (It's a Bahamian thing.)
all the best,
drew
--
http://www.ourmedia.org/node/41879
Nassau Bahamas Sans Souci Hill View
CC BY-SA License
No, but sometimes I wonder if reverse-back psychology does.
all the best,
drew
Actually, I did not know that. I chose it as an alternate spelling for Sucker.
all the best,
drew
--
http://www.ourmedia.org/node/44645
De Big Bamboo
CC BY-SA License
"As I understand it he would never make any money to begin with. The record label would front the money necessary to record, produce and market the album but the artist would be indebted for that amount. ...
and while the artist retains the copyright on the sheet music the record contract most likely stipulates that the recording is a work for hire, which means the record company retains the copyright to the recorded work."
-----
RIAAHMC: So, Joe Suka, just sign here and you can have the money and get started building your new home today.
Joe: Uh.
RIAAHMC: Is there a problem?
Joe: Um, I am not sure, I am a little confused.
RIAAHMC: What is to be confused about, this is our standard contract. Everyone signs it. It is really very simple.
Joe: Well, what I don't get is that you lend me the money to build my house.
RIAAHMC: Right.
Joe: And then I have to pay you back the money you loaned me.
RIAAHMC: Right, that is standard.
Joe: And then after I have paid you back, you own the house and not me?
RIAAHMC: Sure, that's how we do it! It's standard.
Joe: I think I am gonna try one of them intarweb home mortgage companies. I heard that when banks compete, I win. Almost anything has to be better than this.
-----
all the best,
drew
--
http://www.ourmedia.org/node/53984
da bubble man
CC BY-SA Licensed Video
"Do other people really spend time downloading random songs they've never heard before?"
Yes, I am one of them. I actively seek out music with a copyleft license and download it. I often run irate radio to see what I can find. I will then pass the best of this on to friends. (Where the license is right.) I also decided not to waste my recommendations on music with non-Free licenses. If you want me to promote your non-Free music, you can pay me for my promotional efforts. That is your attitude after all. Time is money right?
all the best,
drew
--
http://www.ourmedia.org/node/57503
Paper Place Design 001 Video
Creative Commons BY-SA license
Ah, no. I for one decided up front when I saw the article that if I liked the music I would buy the album.
Note: This is after I have pretty much decided not to give money towards non-free (libre) works. I am willing to make an exception just to reward someone taking a chance.
Any bands out there listening? Release your albums with a copyleft license (CC BY-SA will do for now, even though I am not fully satisified with it yet.) I have just decided to allocate $50 per month to the purchase of Free Music (in physical form for now - perhaps lossless downloads, we shall see.) Get your share. Slashdotters - get in on the ground floor. How much a month will you commit?
all the best,
drew
--
http://www.ourmedia.org/user/17145
Some of my stuff at OurMedia
all CC BY-SA
Well, gee, if this is the way you want to go, I have a great idea for you.
Let's make breathing illegal and punishable by death. Then, whenever there is a bad guy we want to put out of action, just send the cops around to observe him. Bingo, they see him breathing and arrest him on the spot. He cannot plead innocent as everyone in the court will be able to see the evidence of his guilt.
You can get rid of all the bad guys you want very easily with such a simple law.
all the best,
drew
"This is an expensive penalty for phishers who are litigated against, but do the lack of criminal accountability and the burden of action on the victim hinder the effectiveness of this bill?"
You know, this may be worse for those who have a suit brought against them as the burden of proof for the other side is smaller. At least this is what I have been made to understand for years. (I may be using the incorrect language however.) Also, can someone who knows tell us if you can have a jury in civil suits?
Now, as much as I dislike the activity, I also dislike laws that have such large statutory damages. (And the whichever is greater provisions.) You may have only suffered a ten dollar loss as a result of someone's foolishness, but you can collect $500,000.00 from them? We really need to go back to the thought of the punishment fitting the crime instead of trying to scare people into compliance. (I am talking in general here and not about phiching.)
all the best,
drew
--
http://www.ourmedia.org/node/57503
Paper Plane Design 001 Video
Creative Commons Attribution-ShareAlike License
"The first thing I do in any new city is take a photo of the metro-system with my phone, I'm not sure how they're going to police against that."
3 A%22drew%20Roberts%22)%20OR%20(collection%3A(ourme dia)%20AND%20%2Fmetadata%2Fauthor%3A(drew%20Robert s))
Well, they may try the approach of fining a few "pirates" a hundred thousand dollars and sending them to jail for five years to scare the rest into not violating their precious copyrights. That seems to be one of the favoured tactics.
My stuff, on the other hand, comes with
http://www.ourmedia.org/user/17145
http://www.archive.org/search.php?query=(creator%
a Creative Commons BY-SA licnese or
http://zbcw.sourceforge.net/
a GPL (I would put license, but that would be redundant now wouldn't it.)
I hope to keep all of my work going forward under some sort of copyleft type license. (Or at least move them through a system where they end up copylefted.)
all the best,
drew
"Producing defective software is a cost of business, except the purchaser bears all the cost."
So, instead of purchasing software, they can write all they want from scratch for themselves? And what happens when they don't purchase it but use it anyway?
all the best,
drew
--
http://www.ourmedia.org/node/53984
da bubble man Video
Creative Commons BY-SA License
I have another thought relating to all of this.
Perhaps having laws on the books that are not vigourously enforced leads to a lack of respect for law in general.
In my country, we have laws against speeding, various laws relating to where you can park, gambling, public profanity, the list goes on and on. Now, I am not saying they are all bad laws, but it sure seems they are not seriously persued. People are quite happy to discuss their illegal gambling in public, even in the presence of police officers.
When you get a citizenry who, instead of obeying all the laws as a general rule, get accustomed to looking at the laws and deciding which the government are serious about and need to be obeyed and which they are not serious about and can be disreguarded, this is not a good situation in my humble estimation.
To comment on your quote:
"if you're willing to commit one type of crime, you're probably more likely to commit others."
Perhaps, if you get used to breaking a law by commiting action which you think would not be wrong except that it is against the law, and which you see your government is not serious about enforcing anyway, then it is easier to proceed to the next lawless act.
all the best,
drew
--
http://www.ourmedia.org/node/57503
Paper Plane Design 001 Video
Creative Commons BY-SA License
You may be right, but chances are, many of those same people are comparing it to their experiences with their windows boxes which they load comparably.
all the best,
drew
--
http://www.ourmedia.org/node/53984
da bubble man video
CC BY_SA
"It costs money to hire qualified admins, Windows or Linux."
"Yes, but windows admins come a lot cheaper... at least up here where everyone and their dog has an MCSE"
Perhaps he should have said good admins or competent admins instead of "qualified" admins then.
all the best,
drew
--
http://www.ourmedia.org/node/64732
Paper Plane Video
CC BY-SA
This mistake is exactly why I dropped piano classes as a kid. I wanted to learn something that I could enjoy playing to myself and friends early in the game. No one seemed interested in teaching me anything of the sort.
all the best,
drew
--
http://www.ourmedia.org/node/64732
Paper Plane Design 002 Video
CC BY-SA License
"I understand the Free as in beer analogy vs free as in speech."
m ls +division+of+labour&btnG=Search
OK, so you were basically saying:
While there is such a thing as Free Software, there is no such thing as free software.
Something like that?
The problem with the no free lunch idea is that it fails to consider point of view. Who pays and who gets. It also fails to consider the "free" that we get from the division of labour.
http://www.victorianweb.org/economics/division.ht
http://www.google.com/search?hl=en&lr=&q=economic
all the best,
drew
--
http://www.ourmedia.org/node/57503
Would copyleft music throw a monkey wrench into the schemes of these broadcasters?
all the best,
drew
--
http://www.ourmedia.org/node/63600