Now The Senate Wants To Add A Copyright Czar To The White House
from the business-model,-not-a-legal-issue dept
The House of Representatives passed the highly questionable Pro IP bill a few months ago. This bill, which would strengthen copyright law, just as many are realizing it should be headed in the other direction, would also establish a "Copyright Czar" position that would be part of the Executive Branch. Why we need a special Czar to prop up an obsolete business model has not been explained, beyond the usual propaganda from those who rely on that business model. It's quite clear from all the companies we see who are succeeding by changing to new business models that don't rely on copyright that this is a business model issue, not a legal one. But, Congress receives plenty of donations from Big Copyright, so it's no surprise that we see laws protecting it.The Senate has now weighed in with its version of the law. The bill was introduced by Senator Patrick Leahy, who has received plenty of campaign contributions from Big Copyright. His explanation of the bill is basically the talking points of the industry, showing that Senator Leahy is clearly out of touch with what's really happening with copyright these days:
"The time has come to bolster the Federal effort to protect this most valuable and vulnerable property, to give law enforcement the resources and the tools it needs to combat piracy and counterfeiting, and to make sure that the many agencies that deal with intellectual property enforcement have the opportunity and the incentive to talk with each other, to coordinate their efforts, and to achieve the maximum effects for their efforts. This bill does just that."Except, of course, the only thing "vulnerable" is an unnecessary business model built on gov't granted monopolies, and there's no explanation why such a commercial issue can't be dealt with by civil lawsuits, rather than criminal ones. As it stands, Leahy is basically making the Federal government the private police of a particular industry, granting it much more power than is reasonable or needed.
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Filed Under: business models, copyright czar, patrick leahy, pro ip, senate
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Of, By and For the Corporations
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Re: Of, By and For the Corporations
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Re: Of, By and For the Corporations
as soon as you have the money to buy it back.
Why are teachers so poorly paid ? Is their service not far more valuable to a human than a movie, a song, or a novel ?
teaching and education have no value at all. if teaching was that important it would generate more revenue and teachers would be famous. schools and teachers don't produce profits or celebrity, in fact all they do is cost money and generate controversy and lawsuits, so obviously they are unimportant.
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Good for Copyright Abolisionists and Anarchists
We just need to get a really good witch hunt going, chasing every "pirates" that they come across.
Then it will rile up the public, who are normally supportive of copyright laws, to start to oppose them. The anarchists will take this opportunity and help the public and make the public their most powerful allies.
Recipe for a revolution.
If you don't believe that anarchy won't work, see Somalia. Last time I check, they have the best telecommunication industry in Africa. Their educational system is still functioning. The private airline in Somalia is booming, etc.
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Re: Good for Copyright Abolisionists and Anarchists
No, Anarchy is not the solution. It is a monolithic task, but bringing back the more traditional values of the Constitution would go a VERY long way in fixing this country.
Going to be fairly tricky to take power away from mega corporations though.
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Re: Re: Good for Copyright Abolisionists and Anarchists
It shouldn't be dismissed out of hand just because you think anarchy mean chaos.
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Re: Re: Re: Good for Copyright Abolisionists and Anarchists
i imagine that the word "anarchist" causes most people to think of guys with mohawks and safety pins in their noses talking about how the us faked the moon landing as part of a plot for the government to collect our body fluids.
"copyright abolitionist" probably conjures a similar image.
sure they are compelling concepts, but they require thought to understand. thought is the sworn enemy of corporations and governments.
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Re: Re: Re: Good for Copyright Abolisionists and Anarchists
I don't think Anarchy == Chaos. Truth be told, I love America and the idea behind it. I just think things have gotten confused and led astray somewhere along the way.
There are PLENTY of forms of government and economic theories that will work, and get you by. Some are even pretty stable and allow for decent growth. Before completely changing how an entire country works, I personally would just prefer to try to FIX the problem rather than start over.
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Re:
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isn't czar a term for a symbolic figurehead?
in the past the US has had crime czars, drug czars, and since crime and drugs are still alive and well, i would assume that a copyright czar would have a similar effect.
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I don't get it.
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Re: I don't get it.
Oh that's not even the half of it. remember when everything was mechanical? Your dishwasher had a knob, the microwave had a knob, to set the clock, it had a knob?
I was thinking about this and how knobs are really on the way out. Mechanical engineering seems to be replaced with electrical engineering in so many industries.
This of course causes new business models! Whose problem is this failure to adapt? Propping it up with government protection pretty much guarantees that someone from the outside is going to take over the market and industry like a thief in the night.
Copyright police. Hah! There's apparently no end to the stupidity in Washington.
9% approval rating in Congresss. 9%!!!! How can 100 people fail sooooo bad?
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Re: Re: I don't get it.
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Re: I don't get it.
They don't care about customers, and they don't care about the artists. Most artists, even big ones, know they are going to make scant $$ on their CDs.. why do you think a concert t-shirt costs $40?
The record companies are going the way of the horse and buggy faster than a chicken being chased by Ronald McDonald. They need to focus on what they can do best.. promotion, and distribution, for which the artists would pay them a fee.
This fee could perhaps be a percentage of an artists album or albums (for newer artists with less $$ and established sales), but regardless, the artist would simply owe the record company an amount of money for their service and could do as they wish with the music that they produce... including, giving it away.
These people need to get their head out of their ass and get with it.
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Time to offer a solution?
But what I NEVER see discussed by Mike and Corey: what to do to effectively fight the vested copyright interests. Nothing, nada, not one word... What good is identifying a problem without proposing a workable solution?
Mike, maybe it's time to start discussing action -- start proposing specific, concrete ideas on what to do to fight creeping copyright fascism.
And don't copout with the usual "get involved" tripe. Let's get down to specifics. Maybe we need to lock Mike, Corey, and others in a room and not let them out until they come up with a specific proposal?
I'm getting sick of all this talk but no action.
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Re: Time to offer a solution?
Try it sometime!
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Re: Re: Time to offer a solution?
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Re: Re: Time to offer a solution?
But *how* do we get this to happen? It certainly hasn't happened yet.
Again, let's get down to brass tacks. Let's get specific, let's cut out the platitudes of "get involved", or "vote", or "vote with your dollars". That does not work.
If we continue with these platitudes, we will lose for sure.
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Re: Re: Re: Time to offer a solution?
Heck, you get an entire industry to fund a set of candidates, you get to where we are today! But because the PEOPLE aren't actively sending emails or writing to congress, , the only voice that gets heard is that of big content, big oil, or what have you.
Your kidding yourself if you believe congresspeople, especially the old farts, jump on blogs... But the companies have the resources to! They probably called Patrick Lehey's office and asked him to dust off that Copyright Czar idea.
It's really not that tough, you know? Hell, some people need letters from congresspeople to get into certain colleges. Most congresspeople would like to hear from regular people over corporate interests any day...
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Re: Re: Re: Re: Time to offer a solution?
Not only that, the 20 million people represents a lot of votes.
Not only that, imagine if the 20 million say: "we won't go to a movie" and "buy any music from the big media companies" for the next year unless big media quits donating to our Congressfolk.
We have to realize that it is US who holds ultimate power, and Mike and Cory are completely ignoring the obvious solution.
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Re: Re: Re: Re: Time to offer a solution?
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The only way to turn around this move towards copyright fascism is to organize and then lobby our congresscritters the same way big media does. This means campaign donations. Combine this with threatening consumer boycotts of big media if they continue to donate to congresscritters, and I believe we will rout the promoters of copyright fascism.
Until we treat this as a war that must be won at all costs (so long as it is done within the law), we will see copyright fascism continue to creep in.
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Re: Time to offer a solution?
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This is the Internet, let's use it
Let's organize. Let's pick apart every piece of content they produce. Let's hold them to the same standards they want to hold us to. Find their victims and direct those victims to sue for maximum damages and clean out the coffers. Big media can't make any excuse in court that can't be shot down by quoting media's own legal filings.
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Chrono's Proposal
http://techdirt.com/article.php?sid=20080721/1442081747#c725
It's really not that hard- just go to:
www.house.gov and enter state on top right,
www.senate.gov and enter state on top left.
I think the House has to introduce the bill, right? Geez it's four decades since I studied politics.!
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Re: Chrono's Proposal
Seriously, folks, I've received responses from every email I've sent to my congressional leadership.
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Re: Re: Chrono's Proposal
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Re: Re: Re: Chrono's Proposal
I'd wright up a form letter for you guys but I can't speak politics and I have no idea how I should wright it up. It's been a long time since social studies. Plus I don't think we ever fully agreed on the proposal anyways.
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Re: Re: Re: Re: Chrono's Proposal
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Re: Re: Re: Re: Re: Chrono's Proposal
7 Year renewal
$1 renewal fee for individuals, More for companies
Infinite renewal as long as the originating creator (this was the last debated point)
The product must be commercially available to keep the copyright.
The product doesn't have to sell but it must be at a reasonable cost (no $10,000,000 DVDs)
Once you lose your copyright, it's lost.
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Piracy
I.e. that after a few years copyright will still be alive and well?
Damn.
Maybe what we need is for them to appoint a piracy czar instead. :)
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Reason why the house and senate want copyright czar
Every Senator or Representative will be tailed around by hidden cameras, every speech will be sound-bited to death, and ALL the skeletons will be put on display.
THAT is why the house and senate want a copyright czar, because they don't want Moore-Gate. They could care less about propping up an obsolete business model.
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Governments are like babies
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ROLL CALL!
I recently sent an email to my representative regarding Oil prices going higher due to the commodities speculation market and a few weeks later, my representative, Harry Reid, introduced a bill.
AC's right, they want to hear from you. Any talking points would be helpful.
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Please fix the summary
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Re: Please fix the summary
There was an HTML mistake that's been fixed. It cut out about half of the first paragraph.
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Czar has a special meaning in the American political lexicon
For example, in the US govt there are appointed Drug Czars, Immigration Czars, Energy Czars, Education Czars, and a whole bunch of Czar's who oversee areas of policy that are not really meant to be improved, but still need to be shown as something that is being addressed and taken care of. Appointed Czar's usually have no power, very little budget, and are all show, appointed for the purpose of silencing and placating critics. The Czars don't actually have to "fix" anything, since the areas of policy that they're "put in charge of" are literally beyond fixing. They just have to show up to work and fight the good fight; in this way, the powers-that-be can say that they're doing something about the problem, while not actually having to allocate any significant resources to fix anything.
So, when someone appoints a Czar to make everyone safer (or to give the appearance of top-level action), take it with a grain of salt.
Just my $0.02
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what i want to know is, if everyone is in jail, who is going to pay for them to be in jail?
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Re:
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Oh wait... it is.
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The only way to fight it is to outdo the big media companies at their own game. Until we, as a community, realize this, we will continue to take it in the rear.
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Re:
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As a previous example gave, if 20 million people each donated $10, and then that is all donated to our senators and representatives, that works out to about $350,000 each. Now there may be limits to how much a lobbying organization can donate, but we can certainly equal if not outdo what big media gives our congresscritters.
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Let's get some volunteers and a few bucks to get the "PAC in a Box" to start stirring the bees nest?
Let's stop backpeddling and do it! Mike, want to help?
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A Template-- Comments welcome!
I am writing to express my support about H.R. 5889, and disapproval of Senator Patrick Leahy's attempt to create additional copyright strengthening which benefits the few, and powerful interests.
When the powers of copyright were originally created in the US Constitution, it allowed congress to create a GOVERNMENT SPONSORED MONOPOLY of a creative work for a limited time. After the time expired, it was to be placed in the public trust. (i.e. Public Domain)
Today, we move further away from the original intent of the copyright as something to benefit the public good and envisioned by our forefathers, especially Thomas Jefferson, considered to be father of the USPTO. As companies amass large copyright, and patent portfolios, they prevent small business and entrepreneurs from bringing products to market.
Orphaned works (works which no longer enjoy Government protection) currently can not be returned to the public interest due to a multitude of factors. One being inability to locate owners. This affects the usage of orphan works cultural heritage sector, or use by museums and libraries for preservation and education, as well as creation of derivative works which could be re-purposed for new commercial application.
In a time when computers are assisting in manufacturing of derivative works, and when manufacturing is rampantly going offshore, this prevents Americans such as myself from expanding and elaborating on not only orphaned works but existing works as well.
Therefore, I humbly ask that you assist us in considering new legislation which benefits the US economy-
Because Copyright is essentially a Government-sponsored monopoly on a work, I ask that Copyright be rolled back to a 7-year period so artists can monetize their works. 7-years is in line with US IRS code for new corporation profitability.
Secondly, to encourage derivative works, I ask that renewals of the copyright be available at a nominal cost (Such as $10.00) for individuals. A corporate assignee could renew as well, but at an additional cost (Perhaps $100)
Also to encourage our position as leader in the progress of the arts and sciences, I ask that the product be commercially available at a reasonable cost, lastly once copyright expires, it should be returned back to the public trust as originally intended with Thomas Jefferson's words.
I ask you to consider the harm the current system creates and how it essentially benefits the few, powerful interests while sequesters new businesses. Please vote for H.R. 5889 and help incent intellectual property ownership back to the public, while respecting rights-holders who own a GOVERNMENT SPONSORED MONOPOLY in the form of Copyright.
Thank you for the opportunity to comment on the proposed Orphan Works legislation and allow me to share my position.
Regards,
[NAME]
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wtf
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Re: wtf
It's time the Blogosphere wakes up to this fact man.
"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." ~Thomas Jefferson
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Anyone familiar with iPAC?
http://ipaction.org/principles_detail.html
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Re: Anyone familiar with iPAC?
No, we need an organization for the ordinary media and Internet user to join.
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War on Terror
Actually it is all quite worrisome.
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