Well, when the US Copyright Act was first passed, a copyright was valid for 14 years and renewable once to a maximum of 28 years. I think you'd be hardpressed to find a person who could not receive compensation for work in 28 years of exclusive rights.
Today however, US copyright law extends to 70 years after the death of the artist and some copyrights can extend as long as 120 years from the date of the creation of the work. Furthermore, some of these copyrights are renewable!!
Clearly, the interest of the artist is tertiary in the examination of these laws, and rather the work itself is deemed some sort of commodity or capital to be profitted from as an investment; an investment that is controlled by the corporation that owns it in practical perpetuity.
Perhaps copyright law needs to be changed, but that won't happen as long as the RIAA/MPAA maintains tight control over congress with their lobbyists. So yes, the RIAA/MPAA is the bad guy and piracy is not the "broken" part of the current state of IP.
I have to call bullshit on your argument. The RIAA determines the method of distribution and price that the music is available at. If it were a matter of paying the artist directly for an album, then your argument would hold water. However, as the outdated business model shows us, the current distribution methods and price fixing are not acceptable to most music listeners, hence the prevalence of piracy.
"Where piracy tends to thrive is where the consumer perceives that goods and services are not convenient and price is out of whack," --Peter Chernin, chairman and CEO of the Fox Group.
It's simple really, and the RIAA and the studio's know it. They made the choice to sue people, even dead people, rather than make adjustments to their business model to make it more profitable. That is a failure in the free market system, and that is what drives the hatred for these organizations (MPAA, RIAA). In fact, one could argue further that much piracy is conducted in response to the RIAA/MPAA's behavior and not deterred because of it.
Yeah, I'm happy with my Verizon Motorola e815 too...after I hacked it re-enable all the nice features that were turned off by Verizon. You've only proven that Sony's PSP is a failure because of their own decisions and behavior.
If everyone was able to easily transfer movies to mem sticks, play homebrew software, as well as play the official titles with ease, then they would be flying off the shelves.
Fact is, a select few who have the will and knowledge to hack (enable the features that should have been enabled in the first place) are the only ones itching to pay $200 for one, and that demographic is small. Sony's PSP is failing because they are not giving the customer what he or she wants. Simple.
It wasn't bought out, and it wasn't shut down by the British version of the MPAA. Macrovision sent a C&D, and LUK went on to continue development of the burning engine from DVDDecrypter, as IMGBurn.
DVDDecrypter is still the easiest way to exercise your fair use rights, but due to new corrupted formats like ArCoss, you sometimes need to include another party like DVDFabDecrypter or FixVTS and make an extra step.
Are you referring to the CSS key license or a copyright license? It would be impossible to purchase all the licenses for the media...unless Circuit City keeps a closet full of unopened new copies of movies they burned for customers...
A CSS license is provided, normally to disc manufacturers, for producing the media, and has nothing to do with copyright. Furthermore, all litigatio to this day regarding copying of DVD's hasn't centered around copyright, but rather the DMCA's clasue against circumventing protection mechanisms. Probably because the plaintiff's legal team realizes it's a shaky position to litigate from based on all the precedent set in in the 80's with VHS that is beneficial for the end-user/consumer.
However, if Circuit city had a license to the CSS keys, (the very encrypting software itself), then they wouldn't be circumventing anything...and as other's said, they are not distributing anything either, merely performing a service.
I may be wrong on this one, but perhaps Circuit City has purchased a license to the CSS keys, that would allow them to decrypt and re-encrypt DVD's without "circumventing" the copy protection...just a possibility.
The average consumer can't afford the thousands of dollars it would cost to get one of those licenses, but Circuit City could...
A good point, but you're a little off. As far as I know, there are no indigineous workers on the moon, so materials, research and manufacturing will have to be done by us lowly earthlings. Thus, building a base on the moon would/should stimulate the tech and manufacturing industry on earth. The research and development costs should drive technology that benefits not only moon dwellers but also earthlings.
However, as to patents...you're dead on there. The powerful elite will always maintain control over the money making aspect of technology despite that it hurts or hinders the human race as whole. That's why we should shoot them into space.
Based on the strict copyright laws in place on DVD's and any supposed "intellectual property" (an oxy-moron if ever there was one), how is this possible? Simply making the project non-profit excapes culpability for trademark and copyright infringement? If that's the case, then all my DVD copies are for non-profit purposes.
Of course the real reason that the project can't be for profit, is that the fan made movie would gross more than all three of the latest prequels combined revenues no doubt, proving that Hollywood and Lucas has it's head up it's ass. Not to mention destroying the self perpetuating system of Hollywood producers and studios that stifle creativity from outside or unfamiliar sources.
Do they really need to conduct a survey/study? Besides being able to time-shift your viewing, skipping commercials is what makes Tivo/DVR's worth the price... Nobody wants to see commercials, end of study. Duh.
Good point! There should also be an attorney review period... Notwithstanding the lunacy of executing a licensing contract sight unseen by purchasing a physical copy of the media at a store...just how exactly does that work? How can one be expected to enter into a contract without knowing it's terms? The RIAA/MPAA has unlean hands.
I'll elaborate. Copyright, like patents were originally intended to provide a temporary protection of the initial costs of an investment in intangible property. However, since the law has changed so many times, now it is in effect an indefinite monopoly of rights more akin to the right to vote. I can see the analagy clearly, though 500 years ago it may have been quite different...Times have changed, time for the laws to catch up...and some people too apparently.
If what you seem to be saying were true then the internet and cheap burnable CDs would have wiped out the record industry because there would be no incentived for artists to sign-up If what you're saying is true, then telephones would have wiped out the telegram industry...or automobiles would have wiped out the horse and carriage industry...oh wait...
Jeff, I noticed that you have two "a"'s in you name...you aren't a new incarnation of the RIAA or the MPAA are you?
As others have mentioned, hosting torrent files is not illegal...but then again, these days what is operationally defined as "legal" or "illegal" is directly proportionate to how much money one spends lobbying to congressmen and paying off judges.
The world needs people like you, who pay full price for burgeoning technology, so that the rest of us can enjoy it at reasonable prices once it has been fully adopted. I for one applaud you and will enjoy the benefits your dollars reep for me.
Unfortunately, competition in the video game market does not benefit the consumer. Unless you consider exclusive titles which force the consumer to buy a specific console to play a specific game a benefit...and the prices and distribution havent exactly improved either.
Proof once again that the subject matter, outcome, and purpose of a lawsuit are all secondary to the primary reason for lawsuits...that the lawyer get paid.
The point I believe he is making is that digital media allows for copy prevention mechanisms that analog media could not.(DRM, broadcast flags, encryption and other general anal leakages from the RIAA and MPAA) Digital media, if compared on a scale of interoperability and usablity (is this a word?) is actually worse than the old analog tapes.
An excellent point. Imagine how much more successful the PSP would have been if you could transfer your DVD movies into a compressed PSP format...rather than have to buy the movie over again at premium prices.
I don't see Sony dying, like others have said they are too big for that, but they are definately fading away. Sony is fast becoming the Apple of home electronics. Overpriced, and too strict regarding IP and formats. They'll always be around, but Nintendo and Microsoft are going to become dominant.
The funny thing is, Nintendo was in the same seat as Sony is now some years ago and they rebounded nicely.
Exactly!! Sony just lost my business. Why spend $500-$600 on a Playstation 3 when I can use that money to upgrade my PC or even buy another one?
The problem with Sony's analogy is that any console is essentially, "Fast Food" or a "Family Restaurant." "Fine Dining" can really only be accomplished with a PC, IMO.
Blu-Ray, like HD-DVD, is a premature format. DVD quality is just fine thank you, and not screwed up with a new even more draconian DRM.
I'll be spending my dollars on a Wii, and a new graphics card, maybe some more RAM, and a few peripherals and probably still spend less than I would have on a PS3...Pure avarice and hubris Sony, for shame!
I can't speak for others, but for myself and my family and friends, the ticket prices are too high. The content delivered does not justify the price, so we don't buy it. I agree with many others who exclaim that Hollywood priced itself out of the market. Same goes for the new formats (BluRay/HDDVD). Why am I going to spend thousands of dollars on a new form of the same old crap? You got me once with all my old VHS movies and then having to repurchase the same movie on DVD. I won't be tricked again. Hollywood and American automakers are the only two industries in this world that blame the consumer for not buying their product.
I can tell you that my household will be one of the 50% that won't be running Vista, and it's not because I can't, it's because of all the added support for DRM.
Sony has done more damage to the DMCA and set back DRM farther than the combined efforts of the EFF and like-minded people around the world. We should all thank them.
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We can't tell you why the GPU lost nearly 10% of it's clock, it could be an NVidia screwup, or it could be Sony/Cell. Have they checked for a rootkit?
Today however, US copyright law extends to 70 years after the death of the artist and some copyrights can extend as long as 120 years from the date of the creation of the work. Furthermore, some of these copyrights are renewable!!
Clearly, the interest of the artist is tertiary in the examination of these laws, and rather the work itself is deemed some sort of commodity or capital to be profitted from as an investment; an investment that is controlled by the corporation that owns it in practical perpetuity.
Perhaps copyright law needs to be changed, but that won't happen as long as the RIAA/MPAA maintains tight control over congress with their lobbyists. So yes, the RIAA/MPAA is the bad guy and piracy is not the "broken" part of the current state of IP.
"Where piracy tends to thrive is where the consumer perceives that goods and services are not convenient and price is out of whack," --Peter Chernin, chairman and CEO of the Fox Group.
It's simple really, and the RIAA and the studio's know it. They made the choice to sue people, even dead people, rather than make adjustments to their business model to make it more profitable. That is a failure in the free market system, and that is what drives the hatred for these organizations (MPAA, RIAA). In fact, one could argue further that much piracy is conducted in response to the RIAA/MPAA's behavior and not deterred because of it.
If everyone was able to easily transfer movies to mem sticks, play homebrew software, as well as play the official titles with ease, then they would be flying off the shelves.
Fact is, a select few who have the will and knowledge to hack (enable the features that should have been enabled in the first place) are the only ones itching to pay $200 for one, and that demographic is small. Sony's PSP is failing because they are not giving the customer what he or she wants. Simple.
Because it's the government and the golden rule applies.
It wasn't bought out, and it wasn't shut down by the British version of the MPAA. Macrovision sent a C&D, and LUK went on to continue development of the burning engine from DVDDecrypter, as IMGBurn. DVDDecrypter is still the easiest way to exercise your fair use rights, but due to new corrupted formats like ArCoss, you sometimes need to include another party like DVDFabDecrypter or FixVTS and make an extra step.
A CSS license is provided, normally to disc manufacturers, for producing the media, and has nothing to do with copyright. Furthermore, all litigatio to this day regarding copying of DVD's hasn't centered around copyright, but rather the DMCA's clasue against circumventing protection mechanisms. Probably because the plaintiff's legal team realizes it's a shaky position to litigate from based on all the precedent set in in the 80's with VHS that is beneficial for the end-user/consumer.
However, if Circuit city had a license to the CSS keys, (the very encrypting software itself), then they wouldn't be circumventing anything...and as other's said, they are not distributing anything either, merely performing a service.
The average consumer can't afford the thousands of dollars it would cost to get one of those licenses, but Circuit City could...
Oh, and yay for DVD Decrypter and DVD Shrink!!!
However, as to patents...you're dead on there. The powerful elite will always maintain control over the money making aspect of technology despite that it hurts or hinders the human race as whole. That's why we should shoot them into space.
Of course the real reason that the project can't be for profit, is that the fan made movie would gross more than all three of the latest prequels combined revenues no doubt, proving that Hollywood and Lucas has it's head up it's ass. Not to mention destroying the self perpetuating system of Hollywood producers and studios that stifle creativity from outside or unfamiliar sources.
Do they really need to conduct a survey/study? Besides being able to time-shift your viewing, skipping commercials is what makes Tivo/DVR's worth the price... Nobody wants to see commercials, end of study. Duh.
Good point! There should also be an attorney review period... Notwithstanding the lunacy of executing a licensing contract sight unseen by purchasing a physical copy of the media at a store...just how exactly does that work? How can one be expected to enter into a contract without knowing it's terms? The RIAA/MPAA has unlean hands.
I'll elaborate. Copyright, like patents were originally intended to provide a temporary protection of the initial costs of an investment in intangible property. However, since the law has changed so many times, now it is in effect an indefinite monopoly of rights more akin to the right to vote. I can see the analagy clearly, though 500 years ago it may have been quite different...Times have changed, time for the laws to catch up...and some people too apparently.
If what you seem to be saying were true then the internet and cheap burnable CDs would have wiped out the record industry because there would be no incentived for artists to sign-up If what you're saying is true, then telephones would have wiped out the telegram industry...or automobiles would have wiped out the horse and carriage industry...oh wait...
Jeff, I noticed that you have two "a"'s in you name...you aren't a new incarnation of the RIAA or the MPAA are you? As others have mentioned, hosting torrent files is not illegal...but then again, these days what is operationally defined as "legal" or "illegal" is directly proportionate to how much money one spends lobbying to congressmen and paying off judges.
The world needs people like you, who pay full price for burgeoning technology, so that the rest of us can enjoy it at reasonable prices once it has been fully adopted. I for one applaud you and will enjoy the benefits your dollars reep for me.
Unfortunately, competition in the video game market does not benefit the consumer. Unless you consider exclusive titles which force the consumer to buy a specific console to play a specific game a benefit...and the prices and distribution havent exactly improved either.
Proof once again that the subject matter, outcome, and purpose of a lawsuit are all secondary to the primary reason for lawsuits...that the lawyer get paid.
Yes, but a right and a wrong don't make a right either...
The point I believe he is making is that digital media allows for copy prevention mechanisms that analog media could not.(DRM, broadcast flags, encryption and other general anal leakages from the RIAA and MPAA) Digital media, if compared on a scale of interoperability and usablity (is this a word?) is actually worse than the old analog tapes.
An excellent point. Imagine how much more successful the PSP would have been if you could transfer your DVD movies into a compressed PSP format...rather than have to buy the movie over again at premium prices. I don't see Sony dying, like others have said they are too big for that, but they are definately fading away. Sony is fast becoming the Apple of home electronics. Overpriced, and too strict regarding IP and formats. They'll always be around, but Nintendo and Microsoft are going to become dominant. The funny thing is, Nintendo was in the same seat as Sony is now some years ago and they rebounded nicely.
Exactly!! Sony just lost my business. Why spend $500-$600 on a Playstation 3 when I can use that money to upgrade my PC or even buy another one? The problem with Sony's analogy is that any console is essentially, "Fast Food" or a "Family Restaurant." "Fine Dining" can really only be accomplished with a PC, IMO. Blu-Ray, like HD-DVD, is a premature format. DVD quality is just fine thank you, and not screwed up with a new even more draconian DRM. I'll be spending my dollars on a Wii, and a new graphics card, maybe some more RAM, and a few peripherals and probably still spend less than I would have on a PS3...Pure avarice and hubris Sony, for shame!
I can't speak for others, but for myself and my family and friends, the ticket prices are too high. The content delivered does not justify the price, so we don't buy it. I agree with many others who exclaim that Hollywood priced itself out of the market. Same goes for the new formats (BluRay/HDDVD). Why am I going to spend thousands of dollars on a new form of the same old crap? You got me once with all my old VHS movies and then having to repurchase the same movie on DVD. I won't be tricked again. Hollywood and American automakers are the only two industries in this world that blame the consumer for not buying their product.
I can tell you that my household will be one of the 50% that won't be running Vista, and it's not because I can't, it's because of all the added support for DRM.
Sony has done more damage to the DMCA and set back DRM farther than the combined efforts of the EFF and like-minded people around the world. We should all thank them.