wonderfield
Supreme [H]ardness
- Joined
- Dec 11, 2011
- Messages
- 7,396
Finish reading the clause.No it is not. It's purpose is to enrich the public domain. "To promote the Progress of Science and useful Arts", that is it's purpose.
Go ahead. I'll wait.
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Finish reading the clause.No it is not. It's purpose is to enrich the public domain. "To promote the Progress of Science and useful Arts", that is it's purpose.
Finish reading the clause.
Go ahead. I'll wait.
Im sorry, were you being serious here? Because there are many artists that don't follow the line of the RIAA and MPAA. There are also many artists with independent labels. And as far as not being able to make money as an independent artist, that is also ridiculous. There are many artists making money off of what they created by themselves. So you can absolutely make money by making music. Your comment about selling crap is ridiculous since you have to sell something to make money, doesn't mean you can't create and sell, which many people do.
In short, don't generalize the entire artist community as piracy haters and lazy bums who don't want a real job.
If the sole purpose of copyright law were to enrich the public domain with intellectual property, there would be no such provision of copyright. An alternate provision would have been implemented which, in lieu of simply not specifying ownership, or lack thereof, over intellectual property, defined an immediate release of work into the public domain, as opposed to a period of ownership followed by its release to the public domain. Copyright protection is not simply a "means to an end" to guaranteeing that intellectual property eventually reaches public domain status.the securing for limited time isn't the purpose, that is the means to the end of enriching the public domain.
Good article. Now for a rant.
Copyright is useless in society. The only people it seeks to protect are the content distributors, not the actual artists.
How many writers that put fanfics on the net actually think and care about how often their works are reproduced? With the hundreds of thousands of original drawings and photos uploaded to the internet each day, in how many cases is that artist thinking about copyright? When a bored kid gets a sketch-pad and draws their surroundings, when do they care about copies?
They don't. The problem is 100% with the "old guard" publisher types. Yeah, the middle-men who take 90% of the artists revenue.
Think about it. The very idea of someone owning information. It is absurd. How can someone own numbers? Words or sounds or lines arranged in a certain way? Copying data from computer to computer is a violation of copyright. What about copying from brain to brain? People with good ears can memorize a song if they hear it enough. Each note and its length, plus lyrics. Information has been duplicated, re-created. I can teach it to others and write it down. But why does someone else own it? I hope brains are never connected to computers or I guarantee we will lose the rights to our own minds to the MPAA.
Think about it deeply. Don't think about what has been drilled into your brain by society. It really makes no sense.
People truly create new things because they love to do it, regardless of compensation or ownership. A real artist, a real programmer, a real photographer wouldn't stop making new things if copyright law was gone or reduced.
Here is my solution. Copyright law should be 5 years from the creation, then public domain. Patents should be 7 years. Medical breakthroughs 2 years. All copyright is voided immediately when the creator dies. That is far more than enough time to get paid off something. If you can't come up with something new every few years then that is pathetic. There are FAR too many cases of these insane 100 year copyright lengths applying to one-hit wonders from long-dead people.
Copyright isn't meant to protect you. It isn't meant to help indie artists and game makers who actually care. It's made so Disney corp can stay afloat from something they made 20-80 years ago because they have failed to do anything of note in the past 10 years. It is there so the recording and movie industry can re-re-re-release things from 30 years back. It is there so game companies and Hollywood can continue to churn out crappy sequels that no one wants at premium prices.
We do not have a right to free things, but we ought to have a right to information, and we don't. Most civilized countries are considered to have liberty and freedom, yet one of the basic human functions, the gathering and repetition of information, could not be any more restrictive.
How different would the world be if x86 had no more rights? Cheap chips everywhere?
What if Lucas lost the rights to Star Wars early? No crappy prequels/reworks?
What if the book 1984 was in the public domain? More awareness by people?
What if mickey mouse was in the public domain? Tens of thousands can draw him from their own memory by now anyways, but it is restricted still?
Copyright just stifles innovation when it lasts 90 years! Same deal with most patents too. Companies are forced to re-invent the wheel to engage in market competition with that company that patented the wheel. It is wasted money, wasted human resources, and wasted time.
It's funny indeed that the age of information has made laws more restrictive. But laws do not imply actual restriction. The common person still violates these new laws by sharing music/video/etc each day. It is just proof that copyright means nothing to the common citizen.
They just never have taken a step back and looked at how we got here and why.
If the sole purpose of copyright law were to enrich the public domain with intellectual property, there would be no such provision of copyright. An alternate provision would have been implemented which, in lieu of simply not specifying ownership, or lack thereof, over intellectual property, defined an immediate release of work into the public domain, as opposed to a period of ownership followed by its release to the public domain. Copyright protection is not simply a "means to an end" to guaranteeing that intellectual property eventually reaches public domain status.
Copyright does exist for the purpose of protection. It's why the term "copyright protection" appears numerous times in Title 17 of the U.S. code. It does also exist, in some part, for the enrichment of the "public domain", a term which appears only a handful of times in Title 17.
Note also that there is no provision in the U.S. for a rights holder to explicitly release property to the public domain before the expiration of the copyright term. Instead, the idea that a work could be dedicated to the public domain by the rights holder willingly and voluntarily has been left as a legal gray area. If our forefathers were so intensely concerned about enriching the public domain, would they not have included such a provision allowing rights holders to disclaim copyright over original works and to dedicate said works to the public domain?
On the flip side of that, though, who actually loses something when I pirate a digital version of a game? The RIAA, MPAA, and others continue to spin piracy as theft, but we know thats not true: Im not taking my game from anyone. Its not like Little Timmy arrives home to find out that he cant play Lego Star Wars because Sebastian has stolen the grubby disc. If I wasnt intending to buy a DVD in the first place if I dont have the money to buy the DVD, for example what is the impact of me downloading an XviD rip? There isnt one.
If you dont want to spend $10 on the latest Katy Perry album, then simply do without it. You dont have to pirate that game; you dont have some kind of innate privilege that compels you to download it. Put simply, I pirate because I can, but that doesnt mean I should.
On the flip side of that, though, who actually loses something when I pirate a digital version of a game? The RIAA, MPAA, and others continue to spin piracy as theft...
... As it stands, the only real way around this is to support independent artists, where all or most of your money goes directly to the creator.
I can't say I agree with most of what the writer is saying, but this jumped out at me:
In essence, one of his points is that 1) when you physically steal something, you are physically losing a good like the Little Timmy point he makes; 2) when you pirate something though, nothing's being physically removed since it is "merely" a copy so that's OK; 3) if I wasn't going to get it in the first place, they wouldn't have made the money anyways. Is no one else bothered by this type of argument? The 3rd part, the end of his example, is probably the most troubling point. I mean, if I wasn't going to buy it anyways...![]()
The article had some interesting points. I'm not sure I share all of them (I was a pirate until I got a job and money, and don't pirate anymore), although he makes a fair amount of sense.
His argument, however, is flawed from the start. SOPA and PIPA are not about piracy. What they do to 'combat piracy' is insignificant, and given the lengths people regularly go to pirate, the additional cost of having to know IPs instead of domain names is laughable. What SOPA and PIPA target is lawful competition on the media space.
It used to be that content distribution was expensive. This lead to the means of distribution to be centralized in a few large companies that could afford the fixed costs. Selling one million copies of a disk required first creating and distributing one million physical copies. That ran for millions in investment.
Then along came the internet, and distribution costs plummeted. Selling a million copies now meant having a digital storefront where you could download or print smaller runs as demand required on a central location and ship out if someone wanted a physical copy. This has allowed a wealth of niche markets to be created, which the large distributors wouldn't normally target because the upfront costs wouldn't justify it.
This presents a challenge to the big media giants, because it's far more profitable if people just listen to a few artists they control than if they have to share entertainment money with a million micro producers they have no hold over. The solution? Raise the cost of entry back to the millions it took back in the day. How? Restrictive laws that give them the power to shut down anyone with no recourse or need to prove they have a case. The targeted individuals would face a long, expensive legal battle to defend their rights that most won't be able to afford, while others just won't make their start-ups in the first place.
You can see how the DMCA already does this on a smaller scale. YouTube is filled with examples of both actual corporations and trolls abusing the take-down request to shut down videos for weeks at a time. And that's just trying to get the site itself to recognize that there was no infringement. Imagine trying to make your case to a DNS, while your whole site is down for weeks and your funds are frozen.
It may read as a conspiracy theory, but just take a look at the law. Does it look like it's aimed at making unlawful behavior more difficult, or making lawful behavior onerous to the extent that you just won't bother?
A nice write-up on the law is found here. His views are a bit less extreme than mine, but still a good read. http://www.sea-of-memes.com/LetsCode47/LetsCode47.html
You have the right to debate. Have at it. You do not, however, have any right to partake of whatever you wish due to a philosophical position on copyright law. Similarly, you have the right to protest U.S. policy, but not the right to desecrate the American flag while doing so.The cost of DRM technological implementations, of all the proceedings and trials against pirates, the parasites that are proxy services and cyberlockers, etc. (and I don't mean only the financial cost) would not exist if we simply had a society debate about culture and the proper constitutional rights and other legal background.
Is no one else bothered by this type of argument? The 3rd part, the end of his example, is probably the most troubling point. I mean, if I wasn't going to buy it anyways...![]()
Similarly, you have the right to protest U.S. policy, but not the right to desecrate the American flag while doing so.
Dear shill, you can also report me for ripping all the DVD and BD I own to my media library and thus illegally bypassing the copy protection measures. Stupid laws that don't make common sense are begging to be violated, as a first step to being revised.You have the right to debate. Have at it. You do not, however, have any right to partake of whatever you wish due to a philosophical position on copyright law. Similarly, you have the right to protest U.S. policy, but not the right to desecrate the American flag while doing so.
The right to disagree with a thing and the right to violate a thing are not the same.
Read the first line of my post:
"I find it funny that artists believe piracy is the only reason they are not making tons of money." I wasn't generalizing the entire artist community, only the ones that blame piracy for all their problems. Artists can make decent money off shows if they find venues willing to pay them, but making decent money off just selling cds and songs is nearly impossible.
If I exclude taxes, fees, equipment, and production costs, an artist would have to sell more than 2,100 songs per month to make $25,000 a year (assuming they are selling the songs themselves, and keep 100% of the sale price for themselves).
Music just isn't the source of entertainment that it used to be. Artists are now competing with TV, Podcasts, Movies, "The Internet", more mainstream video games, etc.
I find it funny that artists believe piracy is the only reason they are not making tons of money.
Right. My mistake.Except that desecrating the flag IS legal and protected under the First Amendment as "symbolic speech."
It's convenient for you to label me as a "shill" as a means for you to portray me as the 'bad guy' and yourself as the 'good guy'. That doesn't make it accurate.Dear shill, you can also report me for ripping all the DVD and BD I own to my media library and thus illegally bypassing the copy protection measures. Stupid laws that don't make common sense are begging to be violated, as a first step to being revised.
Dear shill, you can also report me for ripping all the DVD and BD I own to my media library and thus illegally bypassing the copy protection measures. Stupid laws that don't make common sense are begging to be violated, as a first step to being revised.
And I don't give a damn about burning flags, dollar bills or melting pennies from any nation. They are not holy, it's an archaic religious thing, you said it yourself ("desecrate".)
Ni Dieu, ni maître. Neither God nor master.
I want my movies, music and TV channels offered online and for a fair price. That is all I am asking. I don't support pirating but I also don't support the RIAA or MPAA trying to kill any form of distribution other than traditional CD, DVD or movies theaters. They are not embracing these new technologies, they are trying to kill them and go back to their monolithic monopoly practices.
Yeah, that argument has been really popular as of late with those opposing copyright law.
It's really just self-rationalization imo, the idea that "oh well maybe i pirate but it's not hurting anything because i wouldn't have bought it anyway so I'm not like one of those other bad guys." Like others have said, if you weren't going to buy it, you don't have a right to get it for free.
It's being used because the content industries and politicians are trying to equate illegal downloading and the theft of physical items.
I want my movies, music and TV channels offered online and for a fair price. That is all I am asking. I don't support pirating but I also don't support the RIAA or MPAA trying to kill any form of distribution other than traditional CD, DVD or movies theaters. They are not embracing these new technologies, they are trying to kill them and go back to their monolithic monopoly practices.
This is exactly what irks me. With digital distribution comes a monumental decrease in costs. No more need for a vast physical distribution network, manufacturing, packaging, Massive warehouses to hold the physical goods, shipping all over the country and the physical space at the retailer to hold the physical product. Do the consumers see the savings in this? Not one bit.
Oh and copyright and patent protection has gotten way out of hand. There's no reason a person or business should have a monopoly over a product for more than a decade or so. That's not the reason copyright and patents Exist. They exist to spur innovation and protect the creator for a reasonable amount of time to make a handsome profit off of what they've created and then release it into the public domain for all to use, improve, and make cheaper. Not stifle competition and innovation for 50-100 years.
I think 25-30 years is about right. It affords content creators more than ample time to profit from their works. I don't think having such long copyright terms stifles innovation in any truly meaningful capacity, but it would be nice if things were shuffled into the public domain more quickly. I could download old Burt Reynolds movies to my heart's content.There's no reason a person or business should have a monopoly over a product for more than a decade or so.
Well I didn't mean that they would be violated without punishment, nor that violating them precludes protesting them. I merely mean that if laws are stupid and go against the people, you can only expect to see violations such as the so-called rampant piracy, in addition to the protests. I want to enjoy my music and movies now, not when I'm dead, because there is so much lobbying that these legal changes may not happen during my lifetime.Correction, stupid laws are begging to be protested, not violated. Violating laws still often requires punishment by those laws, no matter how stupid they may be. Now, if you wish to protest by violating them and are willing to pay the price for it, then by all means. But one should not expect to violate it knowingly and get away with it simply because they think it is a stupid law...
Really, though, what I want to see is a legal construct providing for public domain dedication. I want to be able to take a piece of original work and completely disclaim any copyright to it. It's aggravating to me that there's absolutely no way to explicitly state that I don't want something I create to not be granted automatic protection if that's what I want.
The biggest current problem with copyright law is the fact that our lawmakers keep taking a dump all over it by arbitrarily extending its length and granting exemptions for crap like Mickey Mouse.
We need a reasonable length of time that is set in stone and cannot be modified by congress. With the way things are going, I wonder if Copyright will necessitate a constitutional amendment in order to ensure its protection.
The GPL is a license which grants others certain rights to use the content, with certain restrictions, but it has no impact on ownership of that content or its automatic copyright. GPL-licensed content still belongs to the original creator. It says, basically, "I have rights to this work and grant others limited rights to it".
What I want is a way to say "I have no rights to this work", which isn't currently possible under U.S. law.
I want to enjoy my music and movies now, not when I'm dead, because there is so much lobbying that these legal changes may not happen during my lifetime.
And in my case, with well over 3,000 legally purchased CD and about half that in DVD/BD, the producers and their copyright agencies already got their fat paycheck from me. The artists, not so much. This is the situation that I, and the article, deplores. Let's not play on the words, and my arguments are probably not valid in many ways, my main point is, we have a real society problem on our hands, and we should debate and tackle it properly, not by supporting obsolete marketing practices on one side, or free downloads on the other side.
It's being used because the content industries and politicians are trying to equate illegal downloading and the theft of physical items. They are not the same thing, no matter how many idiots try to say that downloading a movie is just like a jewelry store robbery. There are too many differences to even list them all, but a key issue is that the owner or distributor has not "lost" anything. With a physical good, if it's stolen, it can no longer be sold. That is a 1 to 1 loss. If one thing is stolen, that's one item the producer, distributor, owner or whoever doesn't get compensated for. If 10 items are stolen, the loss is multiplied by 10. It's completely different for a download. If a song is downloaded illegally, the song is still there for sale. Someone with money can come along and buy it and therefore the proper people are compensated. It gets a little fuzzier if you have more people downloading it, but 10 people downloading a digital product does not equal 10 items stolen. There is no way you can prove those 10 people would have ever paid for the product and therefore no one was deprived of any money. On a broader scale there is "some" kind of loss, but it's difficult to quantify. Most of the industry doesn't even try, they just spout complete bullshit as the truth and get their bought politicians to shove worse and worse laws down our throats. As someone mentioned earlier, if the industries would just adjust for the changing times and give the consumer what they're asking for, things would be fine. Since they don't, many consumers will go out and take what they want, on their own terms, whether it's right or wrong. The industries can blame themselves for this. I'm actually hoping sometime soon both the MPAA and RIAA are disbanded. If it ever happens, it couldn't be done too soon.
The legality of doing this, though, is not defined. If a work is eligible for copyright protection, its protection is automatic, and there's no accepted method to disclaim that automatic protection.Not entirely true. Check out this book from 1940, released into the public domain:
http://babel.hathitrust.org/cgi/pt?id=mdp.39015006853892;page=root;view=image;size=100;seq=9;num=3
"The honesty of the readers being beyond all suspicion, no author's
rights are reserved in any country."
The legality of doing this, though, is not defined. If a work is eligible for copyright protection, its protection is automatic, and there's no accepted method to disclaim that automatic protection.
The legality of doing this, though, is not defined. If a work is eligible for copyright protection, its protection is automatic, and there's no accepted method to disclaim that automatic protection.