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Author Topic:   SOPA/PIPA and 'Intellectual Property'
Jon
Inactive Member


Message 91 of 303 (649355)
01-22-2012 6:50 PM
Reply to: Message 85 by NoNukes
01-22-2012 4:58 PM


Why would the cinema operator pay for content he can get for free?
Because we are talking about laws relating to piracy for personal use not for financial gain.
Without hearing everyone's opinion, I cannot be certain, but I think most people in favor of free access are opposed to the idea of using it to generate profit from other people's work, at least within a certain limited time window after the work's release.
Jon

Love your enemies!

This message is a reply to:
 Message 85 by NoNukes, posted 01-22-2012 4:58 PM NoNukes has replied

Replies to this message:
 Message 93 by NoNukes, posted 01-22-2012 7:20 PM Jon has replied

  
Tangle
Member
Posts: 9509
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 92 of 303 (649357)
01-22-2012 7:09 PM
Reply to: Message 90 by crashfrog
01-22-2012 6:48 PM


crashfrog writes:
Nothing needs a "big company that people can't identify with."
You've just done away with Hollywood and most of book publishing. I quite like a lot of their products and am happy to pay for the ones I want. if you don't like them, why should you get them for free and why would you want to?
I think we need to punish rights holders who opt to punish those who attempt to patronize artists.
I'm missing a really big point somewhere. Artists have survived throughout history on patronage. But they don't have to if they don't want to. They can follow your ideal model and self publish. They're free to do whatever they like with their own copyright.
Some of them are doing it quite successfully and I'm sure the new self-publishing models will do well for some people in some media. (Though I note they're generally also quite happy to revert to the legacy publishing model as soon as they're offered a large advance when they make it big on youtube or whatever.)

Life, don't talk to me about life - Marvin the Paranoid Android

This message is a reply to:
 Message 90 by crashfrog, posted 01-22-2012 6:48 PM crashfrog has replied

Replies to this message:
 Message 97 by crashfrog, posted 01-22-2012 8:36 PM Tangle has replied

  
NoNukes
Inactive Member


Message 93 of 303 (649358)
01-22-2012 7:20 PM
Reply to: Message 91 by Jon
01-22-2012 6:50 PM


Because we are talking about laws relating to piracy for personal use not for financial gain.
The discussion is not limited to that type of piracy. I addressed a question regarding what would happen if copyright were abolished.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. The proper place to-day, the only place which Massachusetts has provided for her freer and less desponding spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 91 by Jon, posted 01-22-2012 6:50 PM Jon has replied

Replies to this message:
 Message 94 by Jon, posted 01-22-2012 7:27 PM NoNukes has replied

  
Jon
Inactive Member


Message 94 of 303 (649359)
01-22-2012 7:27 PM
Reply to: Message 93 by NoNukes
01-22-2012 7:20 PM


I addressed a question regarding what would happen if copyright were abolished.
Who wants to abolish copyright?
Jon

Love your enemies!

This message is a reply to:
 Message 93 by NoNukes, posted 01-22-2012 7:20 PM NoNukes has replied

Replies to this message:
 Message 96 by NoNukes, posted 01-22-2012 7:44 PM Jon has not replied

  
NoNukes
Inactive Member


Message 95 of 303 (649361)
01-22-2012 7:40 PM
Reply to: Message 89 by crashfrog
01-22-2012 6:42 PM


Again, the point that you're ignoring is that you can't increase competition by erecting barriers to entry. That's completely backwards.
I did not ignore your point. Instead I described a scenario in which competition actually would increase despite the fact that there was a barrier to entry. Without the patent monopoly, perhaps neither party would have developed a capacitive touch screen.
If the benefit isn't immediately and profitably obvious, then there's little reason to suspect that the market would be better off.
That's could happen. And in my Google hypothetical, Google was quite surprised to find out that there was an actual advantage. All Google really wanted to do was avoid paying royalties to Apple. The new improved technology was a windfall.
You're right for once...
Cute. Just because you don't acknowledge being on the wrong end of an argument doesn't mean I haven't been right. Did you locate that evidence that "abounds" yet?
I don't think there was ever a dispute between us about at least one particular advantage of the patent system. For some reason you seem to have decided that there aren't any other advantages.
No crashfrog, you didn't teach me anything regarding the IP Clause of the constitution.
Why do you believe we have Cialis and Levitra, when Viagra seems to work just fine? Do you see no advantages to society at all in having more than one solution to a problem.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. The proper place to-day, the only place which Massachusetts has provided for her freer and less desponding spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 89 by crashfrog, posted 01-22-2012 6:42 PM crashfrog has replied

Replies to this message:
 Message 98 by crashfrog, posted 01-22-2012 8:42 PM NoNukes has seen this message but not replied

  
NoNukes
Inactive Member


Message 96 of 303 (649363)
01-22-2012 7:44 PM
Reply to: Message 94 by Jon
01-22-2012 7:27 PM


Who wants to abolish copyright?
Jon,
Why don't you go back and read the messages between Huntard and Tangle prior to the point where I interjected.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. The proper place to-day, the only place which Massachusetts has provided for her freer and less desponding spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 94 by Jon, posted 01-22-2012 7:27 PM Jon has not replied

  
crashfrog
Member (Idle past 1494 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 97 of 303 (649366)
01-22-2012 8:36 PM
Reply to: Message 92 by Tangle
01-22-2012 7:09 PM


You've just done away with Hollywood and most of book publishing.
Sure. Fuck 'em! Why does content have to come to us through the controlled bottleneck of a small number of elite tastemakers? Hollywood and Big Publishing (if you'll forgive the conceit) aren't content creators, they're distribution networks. Hollywood has always been more about distributing films than really making them, and the big publishing houses don't produce the literature, they merely discover it and then market and distribute it.
But we no longer need giant businesses to disseminate content, we have a technology that does that practically for free. Who needs Hollywood?
I'm missing a really big point somewhere. Artists have survived throughout history on patronage.
Yes, you're exactly right. Artists have never had to leverage the government's guns to force people to pay up in order to survive, so why should we let them, now? Why should we change a system that produced some of Western culture's most enduring classics? Anybody could perform and enjoy the works of Mozart and Bach, so why should Lenny Kravitz be allowed to sue a mother for a 25-second YouTube clip?
They're free to do whatever they like with their own copyright.
The question isn't what they're free to do, it's what they're asking the government to force me to do - for instance, to ensure that my own DNS servers (yeah... I have one) don't contain IP address resolution entries for any of a list of websites determined by the FTC, without review or opportunity for appeal, as linking to "infringing" content. What is the FTC's criteria for "infringement"? Somebody with an expensive suit comes in and says "my company holds this copyright, and this website is infringing."

This message is a reply to:
 Message 92 by Tangle, posted 01-22-2012 7:09 PM Tangle has replied

Replies to this message:
 Message 99 by Tangle, posted 01-22-2012 11:11 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1494 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 98 of 303 (649367)
01-22-2012 8:42 PM
Reply to: Message 95 by NoNukes
01-22-2012 7:40 PM


Instead I described a scenario in which competition actually would increase despite the fact that there was a barrier to entry.
What you described was a nonsensical flight of fancy.
And in my Google hypothetical, Google was quite surprised to find out that there was an actual advantage.
And in my hypothetical, you stop posting because suddenly, Oberon the Lord of Fairies suddenly transmutes you into an ass. Isn't it amazing what can happen in hypotheticals!
Do you see no advantages to society at all in having more than one solution to a problem.
I do, but it's risible to suggest the advantage is that the challenge of meaningless legal obstacles will somehow inspire people to great heights of innovation. By this logic, North Korea should be the world's number one tourist destination.
The advantage of patents, the way that they encourage the arts and sciences, is that people can recoup the costs of development by securing a limited-time monopoly on selling the product. But where development costs were zero - say, Amazon's One-Click - patents should not be awarded. There's no compelling public interest in doing so.

This message is a reply to:
 Message 95 by NoNukes, posted 01-22-2012 7:40 PM NoNukes has seen this message but not replied

  
Tangle
Member
Posts: 9509
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 99 of 303 (649372)
01-22-2012 11:11 PM
Reply to: Message 97 by crashfrog
01-22-2012 8:36 PM


crashfrog writes:
Sure. Fuck 'em! Why does content have to come to us through the controlled bottleneck of a small number of elite tastemakers?
As I've explained several times now, it doesn't anymore. The artist can self publish which appears to be what you want. (And so do I)
Before the internet the artist's work could not get to market without the 'controlled bottleneck'. The publisher provides the finance, distribution and marketing that the artist needs to get read/heard/watched/played and it's my contention that for major film and game making (and anything that needs a large investment by the creators) we still need that model and removing copyright would destroy it. I quite like movies and games but if you don't you can stick to finding the content from self published boutique film makers.
You'll also notice that in big projects like film - and to some extent games - the 'controlled bottleneck' is also the content creator.
The question isn't what they're free to do, it's what they're asking the government to force me to do - for instance, to ensure that my own DNS servers (yeah... I have one) don't contain IP address resolution entries for any of a list of websites determined by the FTC, without review or opportunity for appeal, as linking to "infringing" content. What is the FTC's criteria for "infringement"? Somebody with an expensive suit comes in and says "my company holds this copyright, and this website is infringing."
Well that's an entirely different issue to abolishing copyright and one that we're in agreement over.

Life, don't talk to me about life - Marvin the Paranoid Android

This message is a reply to:
 Message 97 by crashfrog, posted 01-22-2012 8:36 PM crashfrog has not replied

  
Tangle
Member
Posts: 9509
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 100 of 303 (649385)
01-23-2012 5:52 AM
Reply to: Message 83 by Huntard
01-22-2012 4:40 PM


Huntard writes:
Look, I can repeat myself again, but until you show some evidence, I don't think there's a point to it. Please show your assertions to be the case, I tried to give you evidence of mine. (I showed you a person who got famous without any investment, and is now making money for a record company, I showed you that the most expensive movie ever made over here was a total success, and yet, all you do is assert that what I say cannot be the case).
Ok, let's have a look at your examples and some more evidence.
Ok, another example, Esmee Denters is a Dutch singer who became famous because she herself placed videos of herself singing on youtube. Only after she got famous did she get picked up by a record company. Free content actually made her career, and people bought her CD, despite all of the material being available online for free. No money was spent by any company to make her famous. In fact, if SOPA had passed, stories like these would become impossible.
There are a few examples like this, a couple in the book world too. I'm hoping and predicting that there will be a lot more. The internet allows people to reach an audience that they wouldn't have reached before.
But I note that she sold out to the record company (and so did the authors). What was it that they sold? They sold their copyright. How do they do that if copyright has been banned?
Without selling her copyright she could have gone on the way she was - giving it away - and I suspect she may have made a living at it somehow. We'll just have to wait and see whether the no-copyright model of music publishing works and for how many. It's not as easy for authors though. Generally I think it's a very good thing. But it can be done without making any changes to copyright law.
Your Zwartboek example is also interesting and also an extreme. The film was exceptional but it had great difficulties being funded at all and was almost forced into bankruptcy when it didn't pay its crew. It also received government funding and rather interestingly:
Before the film was released, the rights for distribution had been sold to distributors in 52 countries
Again, what did they sell? Copyright and distribution rights.
Even after all that it doesn't seem as though it was a big commercial success. It cost 18m to make and despite being the biggest box office success in Dutch history it only took 6,953,118 gross (ie before costs and payments to rights holders) at the Dutch box office.
International sales may have doubled that and sell through to video will have added more but it's not an obvious financial success - and this is the biggest and most successful movie the Dutch have ever made. It would have been utterly impossible to make without copyright protection.
Because of financing problems the filming did not start as planned in 2004 but was delayed until August 2005.[8][9] In this month it was announced that Black Book received about 2,000,000 support from the Netherlands Public Broadcasting, the CoBO Fund, and the Dutch Ministry of Education, Culture and Science.[10] There were also several foreign investors, which made the film a Belgian, British, and German coproduction. With a final estimated budget of 18,000,000 the film was the most expensive Dutch film ever, at the time of its release.[3]
In October 2006 twelve crew members and businessmen started a lawsuit in which they demanded the bankruptcy of Zwartboek Productie B.V., the legal entity founded for the film. Some of them were already waiting for more than a year to get their money, in total tens of thousands of euros. Production company Fu Works settled the case and promised to pay the creditors.[11]
You're right, I don't read Dutch so your paper wasn't a great help to me. I did look at the pictures though, which appears to tell you everything you need to know about what happens when you have the choice of paying for something or getting it for free. Unfortunately, it's not an image so I can't post it, but it shows music sales falling from 500m in 2000 to 215m in 2010 whilst sales of downloads totalled 20m.
Similar numbers here:
It's not surprising that sales of goods fall when the same goods are available for free - in fact it would be absolutely extraordinary if they didn't. It's also not surprising that some people will continue to pay - markets are never perfect. But I can see no reason at all why a market should grow so quickly from zero to 30% penetration then stop dead. Can you?
Now, having said all that, it's not totally accepted that downloading has CAUSED the drop in revenues. Other reasons have been given and there's quite an interesting paper that says that downloading is helpful to the music industry. Here's its conclusions:
VII. Conclusion
We find that file sharing has no statistically significant effect on purchases of the average album in our sample. Moreover, the estimates are of rather modest size when compared to the drastic reduction in sales in the music industry. At most, file sharing can explain a tiny fraction of this decline. This result is plausible given that movies, software, and video games are actively downloaded, and yet these industries have continued to grow since the advent of file sharing. While a full explanation for the recent decline in record sales are beyond the scope of this analysis, several plausible candidates exist. These alternative factors include poor macroeconomic conditions, a reduction in the number of album releases, growing competition from other forms of entertainment such as video games and DVDs (video game graphics have improved and the price of DVD players or movies have sharply fallen), a reduction in music variety stemming from the large consolidation in radio along with the rise of independent promoter fees to gain airplay, and possibly a consumer backlash against record industry tactics.26 It is also important to note that a similar drop in record sales occurred in the late 1970s and early 1980s, and that record sales in the 1990s may have been abnormally high as individuals replaced older formats with CDs (Liebowitz, 2003).
Our results can be considered in a broader context. A key question is the impact of file sharing (and weaker property rights for information goods) on societal welfare. To make such a calculation, we would need to know how the production of music responds to the presence of file sharing. Based on our results, we do not believe file sharing will have a significant effect on the supply of recorded music. Our argument is twofold. The business model of major labels relies heavily on a limited number of superstar albums. For these albums, we find that the impact of file sharing on sales is likely to be positive, leaving the ability of major labels to promote and develop talent intact. Our estimates indicate that less popular artists who sell few albums are most likely to be negatively affected by file sharing. (Note, however, that even for this group the estimated effect is statistically insignificant.) Even if this leads record labels to reduce compensation for less popular artists, it is not obvious this will influence music production. This is because the financial incentives for creating recorded music are quite weak. Few of the artists who create one of the roughly 30,000 albums released each year in the U.S. will make a living from their sales because only a few albums are ever profitable.27 In fact, only a small number of established acts receive contracts with royalty rates ensuring financial sufficiency while the remaining artists must rely on other sources of income like touring or other jobs (Albini, 1994; Passman, 2000). Because the economic rewards are concentrated at the top and probably fewer than one percent of acts ever reach this level (Ian, 2000), altering the payment rate should have very little influence on entry into popular music.
If we are correct in arguing that downloading has little effect on the production of music, then file sharing probably increases aggregate welfare. Shifts from sales to downloads are simply transfers between firms and consumers. And while we have argued that file sharing imposes little dynamic cost in terms of future production, it has considerably increased the consumption of recorded music. File sharing lowers the price and allows an apparently large pool of individuals to enjoy music. The sheer magnitude of this activity, the billions of tracks which are downloaded each year, suggests the added social welfare from file sharing is likely to be quite high.
27Major label releases are profitable only after they sell at least a half million copies, a level only 113 of their 6,455 new albums reached (Ordonez, 2002). 52 records account for 37% of the total sales volume (Ian, 2000). Twenty-five thousand new releases sold less than one thousand copies in 2002 (Seabrook, 2003).
Page not found - The University of North Carolina at Chapel Hill
That was in the USA where file sharing is illegal so there is still a reason not to do it. But I suggest that if there was no copyright protection at all, then the model would change and nothing much would get sold.
That's not to say that it would be a bad thing - well only for the big music moguls - it may well work well for the artists themselves because only a very small number of artists every get wealthy on their copyright anyway, but as I keep saying, they can do it now if they like, they don't need the abolition of copyright protection to try.

Life, don't talk to me about life - Marvin the Paranoid Android

This message is a reply to:
 Message 83 by Huntard, posted 01-22-2012 4:40 PM Huntard has not replied

Replies to this message:
 Message 101 by Jon, posted 01-23-2012 8:19 AM Tangle has replied
 Message 102 by caffeine, posted 01-23-2012 8:45 AM Tangle has replied

  
Jon
Inactive Member


Message 101 of 303 (649389)
01-23-2012 8:19 AM
Reply to: Message 100 by Tangle
01-23-2012 5:52 AM


It's not surprising that sales of goods fall when the same goods are available for free
Obviously. But that only raises the question: Does the world need for-profit art?
Jon

Love your enemies!

This message is a reply to:
 Message 100 by Tangle, posted 01-23-2012 5:52 AM Tangle has replied

Replies to this message:
 Message 104 by Tangle, posted 01-23-2012 9:12 AM Jon has replied

  
caffeine
Member (Idle past 1051 days)
Posts: 1800
From: Prague, Czech Republic
Joined: 10-22-2008


Message 102 of 303 (649394)
01-23-2012 8:45 AM
Reply to: Message 100 by Tangle
01-23-2012 5:52 AM


Even after all that it doesn't seem as though it was a big commercial success. It cost 18m to make and despite being the biggest box office success in Dutch history it only took 6,953,118 gross (ie before costs and payments to rights holders) at the Dutch box office.
International sales may have doubled that and sell through to video will have added more but it's not an obvious financial success - and this is the biggest and most successful movie the Dutch have ever made. It would have been utterly impossible to make without copyright protection.
International sales "may" have doubled that? Holland is a tiny market, with a population smaller than the New York metropolitan area. It's international box office gross was more than 20 million Euros. Box office figures are also only a small part of the revenue stream for a film. A typical Hollywood film makes more on both DVD sales and on licencing for TV than it does at the cinema, so looking at the domestic gross doesn't tell us much about the overall financial success of a production.

This message is a reply to:
 Message 100 by Tangle, posted 01-23-2012 5:52 AM Tangle has replied

Replies to this message:
 Message 103 by Tangle, posted 01-23-2012 9:07 AM caffeine has not replied

  
Tangle
Member
Posts: 9509
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 103 of 303 (649401)
01-23-2012 9:07 AM
Reply to: Message 102 by caffeine
01-23-2012 8:45 AM


caffeine writes:
International sales "may" have doubled that? Holland is a tiny market, with a population smaller than the New York metropolitan area. It's international box office gross was more than 20 million Euros. Box office figures are also only a small part of the revenue stream for a film. A typical Hollywood film makes more on both DVD sales and on licencing for TV than it does at the cinema, so looking at the domestic gross doesn't tell us much about the overall financial success of a production.
I'm aware of all that and pointed out the revenue stream from the various release windows over a film's life in an earlier post. I don't know how much the movie made in total, maybe someone can find it, but outside Holland it was a foreign language film with subtitels so it can't be compared to a Hollywood film.
But in any case, and no matter what it made, my point is that without copyright protection it couldn't have been made at all - it barely made it with protection, needing government support and acquiring a bankrupcy petition by the crew that wasn't settled for a year. And this was the most successful film ever made in Holland. What chance the rest?
Can someone explain to me how that film could get investment if anyone could copy and distribute it for free - including cinema chains. Because that's what no copyright means, a cinema as well as an individual can do what it wants with the media.

Life, don't talk to me about life - Marvin the Paranoid Android

This message is a reply to:
 Message 102 by caffeine, posted 01-23-2012 8:45 AM caffeine has not replied

  
Tangle
Member
Posts: 9509
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 104 of 303 (649403)
01-23-2012 9:12 AM
Reply to: Message 101 by Jon
01-23-2012 8:19 AM


jon writes:
Obviously. But that only raises the question: Does the world need for-profit art?
Well if they don't, they won't buy it - that's the way it works.
The existence of for-profit art doesn't prevent the production of not for-profit art.

Life, don't talk to me about life - Marvin the Paranoid Android

This message is a reply to:
 Message 101 by Jon, posted 01-23-2012 8:19 AM Jon has replied

Replies to this message:
 Message 105 by Jon, posted 01-23-2012 9:38 AM Tangle has not replied

  
Jon
Inactive Member


Message 105 of 303 (649413)
01-23-2012 9:38 AM
Reply to: Message 104 by Tangle
01-23-2012 9:12 AM


The existence of for-profit art doesn't prevent the production of not for-profit art.
It makes it much more difficult.
Who can compete with all that marketing?

Love your enemies!

This message is a reply to:
 Message 104 by Tangle, posted 01-23-2012 9:12 AM Tangle has not replied

  
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