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Author Topic:   SOPA/PIPA and 'Intellectual Property'
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 181 of 303 (650339)
01-30-2012 10:00 AM
Reply to: Message 177 by NoNukes
01-29-2012 10:39 PM


Re: Problems with the current copyright model
Are you suggesting that most of the suits filed by the RIAA were without legal merit?
I think it's well-known that the RIAA is offering settlements that don't have legal merit; when they come to you and say "here's all the violations of the DMCA you're guilty of, here's the criminal and civil penalties you could face in court; here's the settlement we'll take from you to make it all go away" it's pretty well-established that this is without legal merit, since the RIAA doesn't have the statutory authority they claim to immunize you from prosecution under the DMCA. They know that if they request settlement amounts below the expected legal costs of a protracted courtroom battle, they can get most people to fold, anyway.
It's extortion.
Yes, there were a few suits against moms and grandmas when their grandchildren were actually the people using Limewire, Napster, or whatever, but the overwhelming majority of those law suits appeared to accurately finger infringers.
Because the law makes everybody an "infringer!" You yourself described several use scenarios which you thought constituted reasonable "fair use", but which actually made you a criminal under the DMCA. Just about everybody is. Even ripping a CD to use in your iPod might run up against the anti-circumvention provision.

This message is a reply to:
 Message 177 by NoNukes, posted 01-29-2012 10:39 PM NoNukes has replied

Replies to this message:
 Message 212 by NoNukes, posted 01-31-2012 4:10 PM crashfrog has replied

  
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 182 of 303 (650341)
01-30-2012 10:08 AM
Reply to: Message 178 by Tangle
01-30-2012 6:07 AM


Re: Great logo, shame about the cause
In a world where films are free, the sane thing to do is let someone else pay $9 then get it anyway.
If it's not worth $9 to you, then sure, roll those dice. But it was also the sane thing to do to let someone else pay for Louis CK's comedy video and then download it from them. And sure, a lot of people did that.
But a vast majority of people decided that Louis CK's work was worth patronizing, despite the fact that they did not have to. Over four million dollars, Tangle. You just can't argue with that. People overwhelmingly want to patronize the artists that they enjoy. They want to even if they can get it for free.
If what you're saying is that nobody will enjoy Lethal Weapon 18 enough to patronize the artists involved, well fine, but then why should the movie even exist?
It's a damn sight easier convincing a handful of money men who are hoping to turn their $40m investment into $400m than 4.5m people you don't know and just think it might be a good idea to part with $9 to see if they get anything in three years time.
I don't see how it is. Presumably the "money men" aren't going to settle for any less evidence than 4.5 million people, at least, willing to pay for the movie. Actually, in your case, 45 million people, since you're looking for a 10:1 ROI.
Under the Kickstarter model, when you convince 4.5 million people that the movie is worth it, you've already got the money. Under your Hollywood model, you have the ten-times-as-hard problem of convincing 45 million people, and then when you have you still have to convince a bunch of other people to "invest."
That's clearly a lot harder. Not only is the Kickstarter model more direct, it's easier.
You can't come up with a replacement business model that generates the same content but if you could, it could be done anyway without having to remove copyright from everyone else.
So, your position is that I can't be right, but even if I were, it wouldn't convince you. Wow, quite the fortress of invincible ignorance you've set up, there.

This message is a reply to:
 Message 178 by Tangle, posted 01-30-2012 6:07 AM Tangle has replied

Replies to this message:
 Message 184 by Tangle, posted 01-30-2012 11:14 AM crashfrog has replied

  
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 183 of 303 (650342)
01-30-2012 10:12 AM
Reply to: Message 178 by Tangle
01-30-2012 6:07 AM


Re: Great logo, shame about the cause
Until you can sort that one out, you're stuck in a dreamword.
No, you're stuck in a dreamworld where piracy isn't unfettered now. That's what you keep ignoring, Tangle - that copyright law has erected precisely zero obstacles to piracy, yet movies continue to be made.
How is that possible, under your position? It seems like you have an enormous unanswered question of how movies can even exist. Do you think that the average consumer of a movie can't now download any movie they want, for free, the day of release? You're just being naive.
The only question, here, is whether content creators should be able to use the law to punish consumers. Can you, at last, explain why they should?
Edited by crashfrog, : No reason given.

This message is a reply to:
 Message 178 by Tangle, posted 01-30-2012 6:07 AM Tangle has not replied

  
Tangle
Member
Posts: 9512
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 184 of 303 (650344)
01-30-2012 11:14 AM
Reply to: Message 182 by crashfrog
01-30-2012 10:08 AM


Re: Great logo, shame about the cause
You just can't argue with that
if you look really closely, you'll notice that I'm NOT arguing with that. In fact I'm agreeing with that.
It's already worked for a few people with low production costs, that's why it'll work quite well for musicians and some writers. I like that model very much, particularly when it's also backed up by public performances that people will pay for. I think it's great.
But you'll notice that it's all already been done without changing a single word of any copyright law?
So, your position is that I can't be right, but even if I were, it wouldn't convince you.
Well that's nearly right, you'll never convince me that abolishing copyright will not prevent high cost projects - like Holywood movies - being produced. Without being able to protect the product of their investment, they won't make the investment at all. So that's the end of the Holywood and TV production model.
And I don't believe that your plan to replace that existing investment by getting a one off pre-payment for each movie or TV production years in advance from individuals is credible as an idea. In fact, it's barking mad.
But, as I keep saying - there's absolutely nothing to stop someone trying - well, nothing except a bit of common sense.

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

This message is a reply to:
 Message 182 by crashfrog, posted 01-30-2012 10:08 AM crashfrog has replied

Replies to this message:
 Message 186 by crashfrog, posted 01-30-2012 1:47 PM Tangle has replied

  
Jon
Inactive Member


Message 185 of 303 (650346)
01-30-2012 12:07 PM


FRDB
A similar discussion over at FRDB has cropped up.
I keep getting censored. If anyone wants to come over and start posting, though, I'm sure they can't censor us all.
http://www.freeratio.org/showthread.php?t=311064
SPREAD THE WORD!
ABE: Here's the stuff that's been censored: http://www.freeratio.org/showthread.php?p=7055624#post705...
Edited by Jon, : No reason given.

Love your enemies!

  
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 186 of 303 (650352)
01-30-2012 1:47 PM
Reply to: Message 184 by Tangle
01-30-2012 11:14 AM


Re: Great logo, shame about the cause
But you'll notice that it's all already been done without changing a single word of any copyright law?
I never said it couldn't be. So what?
Without being able to protect the product of their investment, they won't make the investment at all.
But they can't currently protect their investment. You can find any movie on the internet as we speak. The largest markets in the world - the Asian markets - trade pirated copies of films freely, even for profit.
Investments in movies are currently completely unprotected, yet investment in movies continues apace. Ending copyright law and restrictive DRM doesn't leave investments in movies any less protected; it simply ends the counterproductive practice of rightsholders choosing to punish their own customers out of misplaced paranoia.

This message is a reply to:
 Message 184 by Tangle, posted 01-30-2012 11:14 AM Tangle has replied

Replies to this message:
 Message 187 by Tangle, posted 01-30-2012 2:08 PM crashfrog has replied

  
Tangle
Member
Posts: 9512
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 187 of 303 (650356)
01-30-2012 2:08 PM
Reply to: Message 186 by crashfrog
01-30-2012 1:47 PM


Re: Great logo, shame about the cause
I never said it couldn't be. So what?
So there's obviously no need to abolish copyright to achieve what you desire.
But they can't currently protect their investment. You can find any movie on the internet as we speak. The largest markets in the world - the Asian markets - trade pirated copies of films freely, even for profit.
Perhaps that's why the copyright holders are creating such a fuss and demanding all these drachonian measures to protect their investment so that it doesn't disappear entirely?
Investments in movies are currently completely unprotected
Simply wrong, it is under threat from piracy though.
Ending copyright law and restrictive DRM doesn't leave investments in movies any less protected;
This is just naive nonsense. Western cinemas would not break the law showing pirated movies, shops would not sell pirated movies. That would change overrnight if copyright was removed.
it simply ends the counterproductive practice of rightsholders choosing to punish their own customers out of misplaced paranoia.
it would certainly stop the prosecution of thieves if that's what you mean. It would also destroy an industry whose products I often quite enjoy and am happy to pay for. Just like millions of others.

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

This message is a reply to:
 Message 186 by crashfrog, posted 01-30-2012 1:47 PM crashfrog has replied

Replies to this message:
 Message 188 by crashfrog, posted 01-30-2012 2:14 PM Tangle has replied

  
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 188 of 303 (650358)
01-30-2012 2:14 PM
Reply to: Message 187 by Tangle
01-30-2012 2:08 PM


Re: Great logo, shame about the cause
Perhaps that's why the copyright holders are creating such a fuss and demanding all these drachonian measures to protect their investment so that it doesn't disappear entirely?
But the draconian measures don't protect the investment, either. It doesn't "protect" anything at all to arrest people who operate DNS servers. It doesn't protect anything when I can't play my iTunes songs via my Xbox.
Simply wrong, it is under threat from piracy though.
What threat?
Western cinemas would not break the law showing pirated movies, shops would not sell pirated movies.
But both of those things do currently happen, yet Hollywood stays in business.
Everything you think would happen in a "copyfree" society is already happening, we already live in your worst-case scenario yet there's no shortage of profit from content creators.
That would change overrnight if copyright was removed.
Why?
It would also destroy an industry whose products I often quite enjoy and am happy to pay for.
If you're happy to pay for them, why would you stop? Here you are admitting that you want to patronize the artists that you enjoy, and you wonder why people would want to patronize the artists that they enjoy? Answer your own question, then. Why do you want to patronize the artists that you enjoy?

This message is a reply to:
 Message 187 by Tangle, posted 01-30-2012 2:08 PM Tangle has replied

Replies to this message:
 Message 189 by Jon, posted 01-30-2012 3:16 PM crashfrog has not replied
 Message 191 by Straggler, posted 01-30-2012 3:28 PM crashfrog has replied
 Message 192 by Tangle, posted 01-30-2012 3:52 PM crashfrog has replied

  
Jon
Inactive Member


Message 189 of 303 (650363)
01-30-2012 3:16 PM
Reply to: Message 188 by crashfrog
01-30-2012 2:14 PM


Re: Great logo, shame about the cause
Western cinemas would not break the law showing pirated movies, shops would not sell pirated movies.
But both of those things do currently happen, yet Hollywood stays in business.
Everything you think would happen in a "copyfree" society is already happening, we already live in your worst-case scenario yet there's no shortage of profit from content creators.
I'm not sure I can see agreement here with my own sentiments and senses.
I have to agree with Tangle that complete removal of copyright would quickly result in theatres showing movies and not paying for them.
The only fix that the movie makers would have would involve convincing the theatres (instead of the people) to invest in their product. Which might be an alright thing. But it isn't the world we live in now.
Movies would still get made, don't get me wrong, and theatres would still play them for free and make killer profits. But it is a little inaccurate to say that we currently live in a 'worst-case scenario' regarding copyright, because we don't.
On a side note, I am all in favor of copyrights that prevent others from financially profiting off of other people's work. But I think that is as far as copyrights need to go.
Jon

Love your enemies!

This message is a reply to:
 Message 188 by crashfrog, posted 01-30-2012 2:14 PM crashfrog has not replied

Replies to this message:
 Message 190 by Perdition, posted 01-30-2012 3:25 PM Jon has replied

  
Perdition
Member (Idle past 3266 days)
Posts: 1593
From: Wisconsin
Joined: 05-15-2003


Message 190 of 303 (650366)
01-30-2012 3:25 PM
Reply to: Message 189 by Jon
01-30-2012 3:16 PM


Re: Great logo, shame about the cause
But it is a little inaccurate to say that we currently live in a 'worst-case scenario' regarding copyright, because we don't.
Another thing that crashfrog seems to overlook are the people who would download movies and music if it were legal, but don't because it is illegal. Claiming that we currently live in a world where everyone who wants to download does is just wrong. I know quite a few people who obey the law, even when they think the law is stupid, including people who won't download, or who won't smoke marijuana, "only" because they are illegal.

This message is a reply to:
 Message 189 by Jon, posted 01-30-2012 3:16 PM Jon has replied

Replies to this message:
 Message 194 by crashfrog, posted 01-30-2012 4:50 PM Perdition has replied
 Message 198 by Jon, posted 01-30-2012 6:07 PM Perdition has replied

  
Straggler
Member (Idle past 94 days)
Posts: 10333
From: London England
Joined: 09-30-2006


Message 191 of 303 (650367)
01-30-2012 3:28 PM
Reply to: Message 188 by crashfrog
01-30-2012 2:14 PM


It's Free!!!!!!!!!!!
Crash writes:
Why do you want to patronize the artists that you enjoy?
Because it is easier and more reliable to do so than not?
If I could guarantee the same quality of experience and ease of access for free I wouldn't pay to see a film or listen to an album......
In fact since I discovered torrenting some years ago I haven't paid for an album. And the only reason I don't take the same approach to films is that it's a fucking bind to download them and then transfer to a format that I can watch at my leisure on TV.
Then you have the whole 3D cinema thing....
If I had a 3D cinema in my house with the latest films downloaded for free I wouldn't pay for any of them.
Would you?
Where I do pay for music is to see bands live. And that is because you cannot achieve "he same quality of experience and ease of access" for free.
But if someone offered me free tickets I would take them...

This message is a reply to:
 Message 188 by crashfrog, posted 01-30-2012 2:14 PM crashfrog has replied

Replies to this message:
 Message 193 by hooah212002, posted 01-30-2012 4:32 PM Straggler has not replied
 Message 195 by crashfrog, posted 01-30-2012 4:53 PM Straggler has not replied

  
Tangle
Member
Posts: 9512
From: UK
Joined: 10-07-2011
Member Rating: 4.8


Message 192 of 303 (650377)
01-30-2012 3:52 PM
Reply to: Message 188 by crashfrog
01-30-2012 2:14 PM


Re: Great logo, shame about the cause
Ok, i give up. You're living in a reality that I don't recognise and arguing from contradictory positions.
These are my closing remarks.
1. Copyright law is necessary to protect the creator's work. If it is abolished indiscriminately, it will destroy existing content creation industries because unless creators can benefit from their work, much of it won't be created. This was why copyright was established.
2. The internet and the digitalisation of content has made the piracy of copyright material easy, threat free and for a generation of younger people, guilt free. This will worsen.
3. It's unlikely that any measures that the megalithic copyright holders try can do anything to protect their rights in the long run but not everyone everywhere will break the law - particularly businesses. They need to change their business models and in the end, they will.
4. New revenue models are being found already, but these are so far low cost of entry products. These models do not require the abolition of copyright, they can be done now.
5. Products - including software, TV and cinema - that have high production costs are at risk because without legal protection their investment and business models fail and with it the product flow. Broadcasters like Sky would lose their USP overnight as they lose their sports rights and ability to show first TV film content. Companies - like Microsoft and SAS that are reliant on software rights would fall as their content would become worthless. Many would say that they can live without these things but they really haven't thought it through.
5. The new American SOPA stuff is an offense to reason and is unworkable anyway but they could damage the internet - it is rightly being protested and hopefully stopped.

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

This message is a reply to:
 Message 188 by crashfrog, posted 01-30-2012 2:14 PM crashfrog has replied

Replies to this message:
 Message 196 by crashfrog, posted 01-30-2012 4:56 PM Tangle has not replied
 Message 200 by Jon, posted 01-30-2012 7:06 PM Tangle has not replied

  
hooah212002
Member (Idle past 830 days)
Posts: 3193
Joined: 08-12-2009


(1)
Message 193 of 303 (650389)
01-30-2012 4:32 PM
Reply to: Message 191 by Straggler
01-30-2012 3:28 PM


Re: It's Free!!!!!!!!!!!
I'm in the same boat as you.
However! If I could pay a nominal fee to download a movie from a company for a reasonable fee and be able to do with this copy as I wish (sans distributing) like it being able to play on any media player (PS3, Xbox, media streamer), I would be more than happy/willing to do this as opposed to piracy. I would love to have hollywood catch up to the times (in the same sense as Louis C.K. did). I do also subscribe to the likes of Hulu and Netflix, so that model does work. As it stands now, though, I can be half way through my movie by the time the paying customers even get to the menu of their paid for blu-ray copy. I'd like to think one would be able to skip material on a disc they purchased. This isn't even addressing the current model of movie download sevices and the restrictive DRM.
Suffice to say, even if SOPA, PIPA and ACTA are passed, users of the internetz and bays full of pirates will stay one step ahead.
{abe}
Holy fuck boys, the grammar of this post is utterly atrocious! I'll leave it here anyways, as is.
Edited by hooah212002, : that's some bad hat, harry.

Mythology is what we call someone else’s religion. Joseph Campbell

This message is a reply to:
 Message 191 by Straggler, posted 01-30-2012 3:28 PM Straggler has not replied

  
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 194 of 303 (650391)
01-30-2012 4:50 PM
Reply to: Message 190 by Perdition
01-30-2012 3:25 PM


Re: Great logo, shame about the cause
Another thing that crashfrog seems to overlook are the people who would download movies and music if it were legal, but don't because it is illegal.
I don't think there's anything there to overlook, but I've already thought of that. The evidence is abundant that the civil and criminal penalties don't really deter downloading. So the people who don't download because it's illegal are largely expressing a moral preference, not responding to the disincentive of the penalties. And the people who are expressing their moral preference not to break a law would be just as likely to express a moral preference that artists they enjoy should be rewarded.

This message is a reply to:
 Message 190 by Perdition, posted 01-30-2012 3:25 PM Perdition has replied

Replies to this message:
 Message 197 by Perdition, posted 01-30-2012 5:07 PM crashfrog has not replied

  
crashfrog
Member (Idle past 1495 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


(1)
Message 195 of 303 (650393)
01-30-2012 4:53 PM
Reply to: Message 191 by Straggler
01-30-2012 3:28 PM


Re: It's Free!!!!!!!!!!!
In fact since I discovered torrenting some years ago I haven't paid for an album.
So, in other words you're not going to pay for music under any circumstances.
So why do we care what you do? No amount of copyright law is going to force you to patronize the artists you enjoy. Trying to capture your uncapturable revenue just makes things harder for me when I decide to patronize the artists I enjoy. How much sense does that make?

This message is a reply to:
 Message 191 by Straggler, posted 01-30-2012 3:28 PM Straggler has not replied

  
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