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


Message 71 of 303 (649324)
01-22-2012 1:23 PM
Reply to: Message 64 by crashfrog
01-22-2012 10:24 AM


It's trivial to demonstrate that copyright holders continue to make money in a world of easy piracy because we live in a world of easy piracy and copyright holders continue to make money. Louis CK made millions of dollars releasing content with zero DRM because he understood that there's no compelling reason to punish the people who decide to patronize him.
You've changed the subject.
The question in play is not whether copyright holders make revenue, but instead whether piracy reduces that revenue. I'm looking for abounding your evidence of that.
As a side note, I don't think people are using DRM on music anymore.
Edited by NoNukes, : No reason given.

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 64 by crashfrog, posted 01-22-2012 10:24 AM crashfrog has replied

Replies to this message:
 Message 79 by crashfrog, posted 01-22-2012 2:42 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 85 of 303 (649348)
01-22-2012 4:58 PM
Reply to: Message 69 by Huntard
01-22-2012 1:17 PM


Of course there's doubt, the results from my country directly contradict this. Movies and music are available online for free, yet people still buy them, profits are still being made. What makes you think this will change? Why would people stop paying in the future, when they're paying right now?
Tangle's point was that if copyright were abolished, that people would still go to the movies because of the big screen social experience, but that no movie theatre would pay any money to MGM.
Why would the cinema operator pay for content he can get for free?

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 69 by Huntard, posted 01-22-2012 1:17 PM Huntard has not replied

Replies to this message:
 Message 91 by Jon, posted 01-22-2012 6:50 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 86 of 303 (649349)
01-22-2012 5:12 PM
Reply to: Message 79 by crashfrog
01-22-2012 2:42 PM


No, in point of fact the contention was that in a world of unrestrained privacy, copyright holders would make zero revenue:
Let me refresh your memory.
NoNukes writes:
crashfrog writes:
Why would that be the case? Evidence abounds that they would sell no less copies than they would under our system of legally-binding anti-consumer DRM.
Please cite some of that abounding evidence. I'd like to see if you have anything more than a few anecdotes.
So where is that "abounding evidence" that the copyright holder would "sell no less copies than they would under our system of legally-binding anti-consumer DRM"?

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 79 by crashfrog, posted 01-22-2012 2:42 PM crashfrog has not replied

  
NoNukes
Inactive Member


Message 87 of 303 (649350)
01-22-2012 5:22 PM
Reply to: Message 77 by crashfrog
01-22-2012 2:36 PM


But that hardly requires the existence of trivial technology patents meant to give lawyers busywork. You've ignored the point that if Google's solution is better, they'll use it regardless of whether they need to use it as a patent workaround
I didn't ignore i, because it is not necessarily true. Determinging that some yet to be developed solution is better than copying an existing design is not trivial. And without the ability to protect their own invention from copying, Google might not be able recoup their investment.
Without the incentive offered by the patent system, Google might not even have bothered doing the research in the first place.

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 77 by crashfrog, posted 01-22-2012 2:36 PM crashfrog has replied

Replies to this message:
 Message 89 by crashfrog, posted 01-22-2012 6:42 PM NoNukes 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

  
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

  
NoNukes
Inactive Member


(1)
Message 127 of 303 (650171)
01-28-2012 2:17 PM


Problems with the current copyright model
For me, a major concern with the current copyright protection business model is the huge amount of public resources being made available to prop up the model.
Both copyright and patents allow civil suits, financed by the owner of the intellectual property, to recover lost profits from misappropriation. Your rights extend to what you are willing to go to court, and pay the cost to defend.
But it is only the copyright regime (and to a lesser extent trademark law) that dedicates huge amounts of public resources to propping up a business model that has huge technological holes it it.
For example there are provisions for criminal prosecution of copyright infringement where no such provisions exists for even willful and egregious patent infringement. The well monied can ask the Department of Justice, and local federal prosecutors to go after copyright infringers who have made more than X amount of copies or infringed Y number of works. The RIAA or Apple might be able to get federal help in conducting copyright raids on citizens, while Joe podunc software company is forced to sue in civil court at his own expense.
SOPA and PIPA are pieces of legislation design to allow copyright holders an even greater ability to get public officials on public money to protect rights that they would otherwise have to go to court and spend their own money to enforce. Yest the DOJ is unlikely to want to bother when the local software little guy needs to get paid because some local government official decides not to honor a contract.
In short, the enforcement of copyright law has become a government grant of public money, police protection, and PR for a bunch of wealthy interests. Those interests are the most well positioned to pay their own costs for enforcing their rights.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

Replies to this message:
 Message 129 by crashfrog, posted 01-28-2012 3:25 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 130 of 303 (650183)
01-28-2012 4:52 PM
Reply to: Message 129 by crashfrog
01-28-2012 3:25 PM


Re: Problems with the current copyright model
Right, the question isn't just "do we have Hollywood or not"; the question is do we have free speech on the Internet or not.
I would disagree with that characterization. It is possible to have free speech (which in my view is essentially speech as allowed under the first amendment) without allowing people to post MGM's movies with impunity. SOPA and PIPA don't manage to do that, but other measured do.
I simply don't agree that there is any moral imperative that requires allowing people to distribute movies for free, just because they don't want to pay the asked for compensation. There simply isn't anything essential about being able to watch LW18. But I also don't believe that a high priorty for the government should be chasing down infringers on behalf of Hollywood in ways that crush speech completely unrelated to any infringment.
The law includes lots of balancing acts between free speech and the copyright holder's interest. Copyright is limited by first sale doctrine which allows people to sell, lease, and rent copyrighted material that they have purchases (with some limits), fair use which allows uses like comentary, critique, parody, time and medium shifting, the Audio Home Recording Act, provisions for classroom use, etc. But those provisions still allow copyright holder's to make money by controlling the copying and distribution of copyrighted materials. SOPA and PIPA go much further in disturbing the balance between protected activities and money'd interests.
I agree with Tangle. Nothing is stopping you or anybody else from seeking other business models for their music, movies, and other art.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 129 by crashfrog, posted 01-28-2012 3:25 PM crashfrog has replied

Replies to this message:
 Message 131 by crashfrog, posted 01-28-2012 5:07 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 132 of 303 (650186)
01-28-2012 5:09 PM
Reply to: Message 128 by crashfrog
01-28-2012 3:23 PM


Re: Great logo, shame about the cause
I'm proposing that we keep a system already in place, a system that funded filmmaking and other artistic endeavors for centuries
No. That is not what you are proposing.
I don't see a single person here defending SOPA, PIPA, or the portions of the DMCA that cover DRM. Most of the remaining portions of the copyright system, other than the length of copyright, are essentially the same thing the US adobed back in the 18th century. Of course even a 28 year copyright term would prevent you from downloading Lethal Weapon 18 before the film industry had a chance to make a profit from the movie.'
So IMO, if you really want to persuade people away from their posted positions, it is you who needs to explain why the copyright system datingf from at least the founding of this country and largely inherited from Great Britain, isn't good enough for you.
The anti-circumvention provisions of the DMCA do make it illegal to rip DRM protected material like DVDs, but it is has never been legal to post the ripped material to a public forum even before DMCA was enacted.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 128 by crashfrog, posted 01-28-2012 3:23 PM crashfrog has replied

Replies to this message:
 Message 137 by crashfrog, posted 01-28-2012 5:52 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 134 of 303 (650188)
01-28-2012 5:12 PM
Reply to: Message 131 by crashfrog
01-28-2012 5:07 PM


Re: Problems with the current copyright model
Copyright was never meant to create an IP that would produce royalties forever, even when you passed the IP along to your children or grandchildren.
That's true, but you seem to object to protecting LW 18 for even a few months. Again, your position seems to extend way beyond the point which your arguments justify.
ABE
After all, the only difference between a recording of a film and my memory of it is the accuracy of my memory.
Does your memory record a film in a tangible medium of expression capable of being distributed or copied? Because copyright law does not protect anything else.
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 131 by crashfrog, posted 01-28-2012 5:07 PM crashfrog has replied

Replies to this message:
 Message 136 by crashfrog, posted 01-28-2012 5:48 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 138 of 303 (650193)
01-28-2012 5:54 PM
Reply to: Message 136 by crashfrog
01-28-2012 5:48 PM


Re: Problems with the current copyright model
Obviously. The means of transmission, the medium of expression, is my mouth.
Storage in your memory is not considered tangible as defined under copyright law. Further, copyright law does not prevent you from describing movie scenes orally. Copyright law would prevent you from doing a public peformance in which you recited the entire movie dialog from memory, but that isn't what you want to do is it?
Perhaps this line of argument is not getting leading to the conclusion you want to promote. I think you are trying to argue that laws preventing you from posting/downloading movies to/from from the internet not only impinge upon your right to free speech, but are a recent configuration that others need to defend. I don't think you can get there this way.
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 136 by crashfrog, posted 01-28-2012 5:48 PM crashfrog has replied

Replies to this message:
 Message 141 by crashfrog, posted 01-28-2012 6:13 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 140 of 303 (650197)
01-28-2012 6:10 PM
Reply to: Message 135 by crashfrog
01-28-2012 5:46 PM


Re: Problems with the current copyright model
What if I want to talk about The Hobbit?
Go ahead and talk. People discuss the Hobbit publically all of the time. And they don't need to interfere with any of the rights defined in 17 USC 106 to do so; they can rely on the exceptions granted in 17 USC 107 through 123.
Please consider the definitions in 17 USC 101 before arguing about the literal meaning of the statutes cited below.
quote:
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
quote:
107. Limitations on exclusive rights: Fair use
How Current is This?
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 135 by crashfrog, posted 01-28-2012 5:46 PM crashfrog has not replied

  
NoNukes
Inactive Member


Message 143 of 303 (650202)
01-28-2012 6:17 PM
Reply to: Message 137 by crashfrog
01-28-2012 5:52 PM


Re: Great logo, shame about the cause
The compromise you suggest, where copyright is enforced only for six months,
I didn't suggest anything like six months. I suggested something between the 14 and 28 years that were established 200 years ago at the founding of this country and which are actually much older than even that. I did pointeout that your own proposal didn't accomodate even a few months.
My only point is that the burden is on you to show why copyright law as proposed 200 years ago isn't acceptable. I don't have to defend DRM, SOPA or PIPA, or DVD region, or import/export laws, or any other new fangled stuff because I am not arguing in favor of any of those. As best as I can tell nobody else here is either.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 137 by crashfrog, posted 01-28-2012 5:52 PM crashfrog has replied

Replies to this message:
 Message 144 by crashfrog, posted 01-28-2012 6:20 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 145 of 303 (650205)
01-28-2012 6:21 PM
Reply to: Message 142 by crashfrog
01-28-2012 6:16 PM


Re: Problems with the current copyright model
While it's likely that I could get away with it, it's actually not legal to talk about Hobbits without the written permission of the Tolkien estate.
Again, don't believe everything that the copyright holder says. There are no legal obstacles to talking about Hobbits that are not trivially easy to avoid.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)

This message is a reply to:
 Message 142 by crashfrog, posted 01-28-2012 6:16 PM crashfrog has replied

Replies to this message:
 Message 148 by crashfrog, posted 01-28-2012 6:32 PM NoNukes has replied

  
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