New Letter From Artists & Content Creators Against PROTECT IP/E-PARASITE Act
from the please-sign dept
The big entertainment industry gatekeepers have been pushing PROTECT IP and now the new E-PARASITE bill, pretending that it's got the support of content creators. That's why you see bogus grassroots operations pop up, whereby the big gatekeepers, who do everything they can to not pay content creators, pretend that the laws that make them more powerful are actually about protecting artists.But real artists and content creators recognize that PROTECT IP/E-PARASITE is really about shutting down the innovations and new technologies that have given them more control over their own destiny, a greater ability to connect with fans and many new ways to make money. And that's why they oppose this attempt by the US government to give the gatekeepers more control to hold back artists. A new letter from actual content creators is making the rounds, pointing out that contrary to the claims of the legacy gatekeepers, they do not support censorship bills like PROTECT IP/E-PARASITE, but prefer to believe in the power of new innovation to provide them with more opportunities.
We, the undersigned artists, have all been empowered by the Internet. Today, artists can reach large audiences and make a living because the Internet and digital tools have democratized the means to create, distribute, and promote our work.If you're an artist, please consider signing on.
We write to you today because we are concerned with S.968, the PROTECT IP Act (PIPA). Copyright law exists to promote the arts, but the new penalties in PIPA could be used against the new social media channels we depend on to make a living, and endanger freedom of expression.
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Filed Under: artists, copyright, e-parasite, protect ip, sopa
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am I doing it right?
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Re: am I doing it right?
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Re: am I doing it right?
http://www.techdirt.com/articles/20110912/13500315912/hollywood-accounting-darth-vader-not -getting-paid-because-return-jedi-still-isnt-profitable.shtml
http://www.techdirt.com/articles/20 110903/00070515801/mpaas-bogus-piracy-numbers-mean-it-thinks-downloaders-would-buy-200-more-dvds-per -year.shtml
http://www.techdirt.com/articles/20110909/02541415865/mpaa-bad-math-bad-economics.sht ml
Mike is just upset that real content creators like him and his ilk don't have the lobbying clout of the gatekeepers that rely on them. - Read that again fucktard. YOU LOSE.
There's obviously no money in content creation - Mr Masnick looks like he does OK for himself, so your claim has no basis in reality... as with most AC's on here.
they'd be able to afford their own Congressional representatives to legislate - The gatekeepers only have the cash from ripping off artists. So they steal from the content creators and lobby on their behalf so they can continue to rip off up and coming artists. Nice. Just kick them in the nuts and get it over with.
There's obviously no money in content creation, otherwise they'd be able to afford their own Congressional representatives to legislate against their competition, the content consumers. - Put the crack pipe down, its rotting your brain.
Troll harder.
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I think BOTH of them are satires.
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Frankly, I can't decide, but suspect that you're right.
I'd advise the pro-Mike faction to CEASE such imitation. You're making those whom you deem trolls unnecessary! Cluttering up the pages, putting out their views, arguing among yourselves rather than as a united front. -- And taking their jobs, you jackals! -- One day, though, you'll notice that all the actual opposition has left, while by repetition you've turned yourself /into/ them and no longer know your prior selves...
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Re: Re: Re: Re: am I doing it right?
So I must ask: is this really you,ootb?
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Re: am I doing it right?
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Re: am I doing it right?
> actual artists.
As opposed to the 'real' artists who run record labels?
LOL! You're a cartoon.
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Re: am I doing it right?
lobbying comes from things like monopolies. Which, are good for investors and politicians and bad for almost everyone else.
But seriously, in all non-professional contexts when you add drugs+theft, you usually guess that the theives are stealing money to get drugs. Now, when you put hollywood(drugs)+copyright lawyers(theives) you should get a much clearer look to understand what has been goin on.
http://www.youtube.com/watch?v=jzPA-FrVu3I&ob=av3n
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Parasites are creatures that latch onto host and suck their life force such as blood until the host gets sick and dies. At which point the parasite moves onto the next victim. This is the current legacy gatekeepers in the movie music and book industries.
On the other hand, we have symbiotes. These are creatures that share a mutually beneficial relationship. This is the content creators and the internet facilitators.
So yes, I think calling copyright maximalists and legacy gatekeepers 'e-parasites' is an apt description.
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"What is the difference between a man and a parasite? A man builds, a parasite asks 'Where's my share?' A man creates, a parasite says 'What will the neighbors think?' A man invents, a parasite says 'Watch out, or you might tread on the toes of God...'"
"Lacking its own ingenuity, the parasite fears the visionary. What it cannot plagiarize, it seeks to censor. What it cannot regulate, it seeks to ban."
"The parasite makes nothing for itself. Its only tools are taxes and tithes meant to trick you into offering what it has not earned."
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Zack, the same could be said for pirates. They take all they can for free, regardless of the harm it causes to the music industry, and unless checked, would do it until the host gets sick and dies.
It's pretty clear who is sucking who dry, just check the recorded music sales numbers for your answer.
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Everyone knew a global network was coming decades ago, especially those in the copyright industry. Book and movies showed us the possibilities before it actually came to be. Instead of planning how to best utilize the internet, as it came to be known, they instead chose to do what they've done every time a new technology comes along. They fought it tooth and nail, despite the massive opportunity being presented to them on a silver platter. It was a repeat of the whole VCR incident, which they're still trying to nullify even though it has made them tons of money. How is that not the very definition of insanity?
If anything, their behavior shows us that they are not only narrow minded, but completely blind as well. To this day I have never managed to wrap my head around why they are so incredibly obtuse. The best theory I can come up with is that when you're already rich, you're much less likely to feel the need to plan for the future. People say they care more about control than profit, but the motivation for tight control still ultimately comes down to profit. What other reason could there be for clinging so hard to an outdated business models built around a solid foundation of banality?
The copyright apologists in the crowd always like to say that so-called pirates want everything for free, but we all know this isn't true. I'd argue it is more about convenience that anything else. Despite the fact that I do pay a fair amount for my HD cable service, I still prefer to download shows via bittorrent. It is nearly the pinnacle of convenience because I don't have to fuss over constantly setting timers, running out of hard drive space, or fret about missing an episode because I made a stupid mistake. The site I use keeps track of everything for me. I just log in and click a link. The consumption of ALL media should be this simple and worry free. The fact that copyright industry can't see this simple truth, and worse steadfastly refuse to monetize it, preferring to sue their customers instead, is enough to make me start yelling profanity.
History will not treat them kindly, that much I know for certain. We've passed the point of no return already, and there is no going back. All we can do at this point is hope everyone on both sides of the fence, creators and consumers alike, wise up and ditch all the middle men that are seeking to hold the entire world back. Having a lot of money tends to make people drunk with power, and we all know what drunks are like. Looking at it like that, I suppose it's no wonder that the only thing their posturing and pettiness will have accomplished when they finally meet their end is animosity.
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Go figure..
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If they want to erect gates akin to those at Fort Knox to try and protect their property, then so what? Maybe they are being shortsighted. Maybe they are frustrating the desires of their customers. Maybe (fill in the blank).
The simple fact of the matter is that it is their prerogative to do so, and the fact you may disagree with their business choice(s) should, if you do not infringe, affect you in any meaningful way.
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Your narrow-mindedness has blinded you to the fact that this will be used in nefarious ways. In fact, piracy is probably just a ruse in order to get this in place for its real purpose which is censorship.
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The bill needs to be trashed because IP laws themselves are an abuse, at least our current IP laws. and any efforts to expand the enforcement of abusive laws is an abuse.
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Also see
http://www.techdirt.com/articles/20111027/00083116531/e-parasites-bill-end-internet-as-we-kno w-it.shtml
A well written bill can minimize abuse by expressly limiting the scope of what is allowed. This bill does not. Just because any bill can potentially be abused doesn't give Congress permission to pass a bill that could easily be abused while making little effort to deter abuse. Our current laws are abused enough already, as they are written, passing more laws that easily enable more abuse is not acceptable.
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Abolish IP. You are not entitled to have others go through the time and effort to police your monopoly privilege and to go through the time and effort and cost necessary to ensure that they don't accidentally infringe upon something that you or someone publicly released. I want to be able to copy as I please without spending any of my effort, time, and resources worrying about what is and what isn't infringement. I want a government that doesn't spend a dime of my taxpayer money enforcing or addressing your privileges. If you don't like it then don't release content. Others will. and if you don't like their content, fund or create your own content. Don't force others to subsidize your content through the costs of enforcing various monopoly privileges. You are not entitled to have the police enforce your monopoly privileges just like you are not entitled to have your neighbor enforce such privileges. You are not entitled to have me or anyone else enforce your monopoly privileges. You are not entitled to have others enforce your privileges and you are not entitled to their efforts to do so. Those efforts are rightfully voluntary and they ought to stop.
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Unfortunately with Protect-IP and the E-Parasite proposals they want to build the fence on other people's property and have other people pay for it. Plus, they know the fence won't be effective, so they want special laws for themselves that lets them shoot people that they thing might possibly want to come on their property with no consequences even if most of the people they shoot are innocent.
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The one the real parasites are trying to pass, making them capable of shutting down anything they don't like, legal or otherwise?
They don't have that right, it is not in their right to have life + 95 years, it is not their right to have control over what others do after they bought something, it is not their right to define what is legal or illegal and it is not their right to define who is criminal and who is not.
That is for society and everyone spoke already with one voice.
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And yet, here we have these utterly bullshit bills, which will affect everyone (including you) in a meaningful and negative way, whether they infringe or not.
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Here, let me help you remedy your willful ignorance yet again:
http://www.copyhype.com/2011/10/stop-online-piracy-act-walkthrough/
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A link to the blog of a non-practicing lawyer who has become a copyright apologist is not going to remedy anything.
Here, let me remedy your willful ignorance yet again:
http://volokh.com/2011/07/04/and-speaking-of-the-inalienable-right-to-the-pursuit-of-happine ss/
One legal graduate who hasn't passed the bar, and who is radically pro-copyright, vs. 90 law professors who believe it's prior restraint and a bad idea... I wonder who I should believe.
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He has passed the bar and you obviously can't refute a single thing he says.
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"Illinois State Bar pending, having passed the Bar Exam"
Passing the Bar Exam does not automagically waive any other prerequisites for an application to succeed.
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You can even find photographs of the two of them together before it all went sour: http://funnycrave.frsucrave.netdna-cdn.com/wp-content/uploads/2009/09/david_coleman.jpg
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Sorry, you're right. He passed the exam, but has not yet been accepted into the Illinois bar.
And I will definitely refute what he says. Frankly, he hasn't even touched the meat of the bill (he himself admits he hasn't read it all), and even the two main points he talks about are not even remotely as narrowly focused as he seems to think.
Subjects he got completely wrong:
- the idea that "willful" or "criminal" infringement has any legal standard whatsoever, in wake of the ICE seizures.
- the "red flag" infringement standard (which not part of even civil infringement law at the moment).
- the "facilitation" standard (hint: Viacom v. YouTube).
- he completely ignores the fact that "promoting" piracy makes you a "rogue site." According to many A.C.'s, here, that would include Techdirt.
- Rights holders can make in personam or in rem actions against accused sites (foreign or domestic) even after the sites filed a counter-notification. This includes shutting down the domain name; freezing revenue; and shutting off advertisements.
- If the accused sites (including those in foreign countries) don't respond to a court order within seven days, they are imposed a "monetary sanction." Hello, billion-dollar statutory damage awards!
- Incidentally, the language in the bill refers to "any entity served with a court notice under subsection (c)". Since advertisers, payment processors, etc. are also served with court notices, they might also face "monetary sanctions." (This is not very clear, however.)
- The above are all possible for a rights holder, a private entity, to do merely on a showing of probable cause. The accused sites cannot reply until after the injunctions &etc. are issued.
- There is, once again, an encouragement for search engines, payment providers, and advertisers to take voluntary action against websites, without once being notified by any copyright holder. They are immune from any liability if they're wrong.
- Once again, it contains a section that would encourage payment providers &etc. to blacklist sites that re-import medicines.
And that's just in the first part. There's also Title II, which makes digital streaming a felony (though, interestingly enough, not analog streaming - anti-technology, much?).
It only takes 10 viewers of your stream to make you a felon.
It makes "1 downloaded copy = 1 lost sale" a matter of law, which is clearly, and utterly, ridiculous.
Or, rights holders can simply make up their own figures: "the total economic value [...] that the copyright owner would have been entitled to receive had such reproductions, distributions, or public performances been offered lawfully."
But perhaps the very worst part of the bill is in its final pages.
It requires the The Secretary of State, Secretary of Commerce, and Register of Copyrights, to "aggressively support" any actions taken against alleged foreign infringers.
It creates new appointments, by the Secretary of State and Secretary of Commerce, of "at least one intellectual property attache" per region. Hiring these attache's is the job of the Director of the Patent and Trademark Office. Their job is to help change other countries' laws solely to benefit U.S. rights holders.
This bill is horrifying.
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They want to erect them at the end of my street - not just around their own property. That IS a problem.
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true except for one minor little point... It will effect us... it will only effect the non-pirates...
besides, didn't "The big entertainment industry gatekeepers..." win over TPB solve the whole pirate problem anyway...
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You really believe that, don't you? How does this bill shut down innovations and new technologies? You make it sound like innovation can't happen unless the internet is a free for all for music, movies, software, etc. That's absurd. What's really bothering you, Pirate Mike? Could it be that your beloved pirate fold are about to get kicked squarely in the balls? Innovation and new technologies will be able to thrive better than before once property rights are respected on the internet. Your FUD is just ridiculous. So, so desperate. That's how I know this bill is good--Pirate Mike has steam coming out of his ears. Keep spreading the FUD, chubby. I'll be LOLing the whole time.
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Creating a situation where the real parasites get to define what is legal or not and who is a criminal or not, so they will abuse the law to make every competitor a criminal, and with their new founded powers will start abusing it just like it is happening with the DMCA right now.
We all know you parasites can't compete, that is why you want more absurd controls.
Technology is already hampered in the internet the way it is, people are not innovating anymore because at every turn there is a stupid someone that believes others own him money.
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But, Mike, you oppose the "actual content creators" at HuffPost,
You just aren't consistent, MIke. If you were, you'd support the "free" writers at HuffPost against the "big gatekeeper". Instead, in two pieces, you go legalistic and explicitly discard fairness.
You're using this bunch of starry-eyed dreamers as excuse for a piece with more of your schtick, when you don't even believe what the letter says: "Copyright law exists to promote the arts"! Talk about inconsistent!
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Re: But, Mike, you oppose the "actual content creators" at HuffPost,
It's not about picking a side, that's the way a 2 year old thinks.
Arianna said "write for me, for free, and I'll post your content", and people went for it. There was no agreement or indication that she would pay them out if she sold. On can make arguments about what she should do, but it's pretty clear she has no legal obligation.
The article is about legacy distributors trying to fuck up the internet because they choose not to compete. How are these the same?
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Re: Re: But, Mike, you oppose the "actual content creators" at HuffPost,
Has he promised any of you who write here that you'd share in the profits? I'll just substitute name in what "Trails" wrote above so you'll know what to expect:
Mike said "write for me, for free, and I'll post your content", and people went for it. There was no agreement or indication that he would pay them out if he sold. On[e] can make arguments about what he should do, but it's pretty clear he has no legal obligation.
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Re: Re: Re: But, Mike, you oppose the "actual content creators" at HuffPost,
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Re: Re: Re: But, Mike, you oppose the "actual content creators" at HuffPost,
My view is that if Mike does that he's a smart business man, and I hope he enjoys his yacht.
"Has he promised any of you who write here that you'd share in the profits? I'll just substitute name in what "Trails" wrote above so you'll know what to expect:
Mike said "write for me, for free, and I'll post your content", and people went for it. There was no agreement or indication that he would pay them out if he sold. On[e] can make arguments about what he should do, but it's pretty clear he has no legal obligation."
Mike hasn't promised me a single thing. I have no expectations. If he sold this blog to the MPAA and bought his own island, I would call him a sellout, but I wouldn't get involved in a class-action, or pitch a hissy fit in the press.
Not sure what you're trying to prove here. If Mike sells his blog, he owes me nothing,and he owes Tim, Nina, Glyn, et. al. whatever their agreement lays out. If it lays out "nothing" then that's what he owes them.
You see, how adults conduct business is as follows: first they lay out terms. Then they agree to terms. Then they abide by the terms. After the fact "but I helped" sentiments don't count.
Anyways, not sure what this has to do with the article.
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Mike while you're in DC, stop by the Capitol Hill South metro station. There's a pretty good street band banging on jugs and milk crates with a collection jar. You could grab you iPad and hold forth on CwF + RtB and maybe if they're not doubled over laughing at your goofy left-bang haircut, they'll sign your letter. Then you'd have at least one legitimate artist as a signatory.
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Agreed. The folks at "New Media Strategies" are working overtime tonight.
You know, I actually met one of these people. He's working for the modern, proactive equivalent of the old-fashioned clipping services. He's got a list of clients and he googles for mentions and then wades into whichever comments section and starts shilling. He's paid barely better than a phone bank worker. It's pretty interesting the group of clients he's paid to astroturf for. I'm trying to put him together with a real journalist to see if the story can get out. Most people who work at these places are too afraid to talk, but he's about had it with the business so he might be ready to do a little whistleblowing. While there's nothing illegal about lying in comments sections, the public might be interested in hearing about the way their forums are being corrupted by what has become a big business.
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DO NOT FEED THE TROLLS!
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I's so be the first to die in a slasher flick.
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If I am short on time, irritated in the first place, or just genuinely want to follow an actual, reasoned argument, I at least know (based on the, IMO, good judgment and intelligence of most Techdirt readers) that I can in good faith skip the flagged comment.
That's one of the things I respect most about this site: the comment is NOT deleted, but I feel safe skipping it if I want.
OTOH, if I want to, I can read it.
Where else do you get this option?
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I think it might be a hitler reference ... you know the trolls always make those.
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It may seem a shock to you, but there are plenty of people who disagree with Mike and his ideas. Most of them don't have the desire to play the games that are played here, and stay away, instead writing their own blogs and such.
Until you can accept the idea of an actual opposition, it is easy to dismiss those who do show up as trolls or shills. But they are not, they are just ordinary people who don't agree with you. Shocking, no?
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Re: Re:the shills out trolling in such force
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Just remember, the rules apply until the going gets tough, and then he will do whatever he wants. Techdirt ran for years without the required privacy policy, and they still don't declare all of the companies tracking you as a result of your visits here (check your cookies to see how much stuff is getting put in there on each visit!)
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The letter says: "Copyright law exists to promote the arts"!
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Re: The letter says: "Copyright law exists to promote the arts"!
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Re: The letter says: "Copyright law exists to promote the arts"!
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What I did see is a bunch of "remix artists" and "sample editors". Telling, no?
Mike, I am sorry, but this sort of thing explains exactly why Protect IP and it's variants will likely pass. If this is the organized opposition, then the battle is already over.
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The most famous musician on there is the guy from OkGo, a band that couldn't get anyone to buy their mediocre music, so they switched to making novelty videos.
He's got nothing to lose because nobody buys his music anyway.
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What a weird conception of causality you have there.
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Given how very few people ever manage to make a living selling movies or music (except, of course, for the studios), it shouldn't be the least bit surprising that the letter is signed by people who don't make a living doing so. If you think about it, it's not much more surprising than the fact that Elvis didn't sign the letter, either.
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Given how very few people ever manage to make a living selling movies or music (except, of course, for the studios), it shouldn't be the least bit surprising that the letter is signed by people who don't make a living doing so. If you think about it, it's not much more surprising than the fact that Elvis didn't sign the letter, either.
The are hundreds of thousands of actors, directors and directorial team members, drivers, caterers, grips, electricians, sound techs, stylists, makeup artists, cameramen, editors and more who make a decent, middle-class living making movies in this country. There are many more in the lumber, hotel, restaurant and rental business who also owe their living in part to the motion picture industry. Please don't suggest that the film business is only rich people. Middle class earners out-number them by probably 500-1.
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Given how very few people ever manage to make a living selling movies or music (except, of course, for the studios), it shouldn't be the least bit surprising that the letter is signed by people who don't make a living doing so. If you think about it, it's not much more surprising than the fact that Elvis didn't sign the letter, either.
The are hundreds of thousands of actors, directors and directorial team members, drivers, caterers, grips, electricians, sound techs, stylists, makeup artists, cameramen, editors and more who make a decent, middle-class living making movies in this country. There are many more in the lumber, hotel, restaurant and rental business who also owe their living in part to the motion picture industry. Please don't suggest that the film business is only rich people. Middle class earners out-number them by probably 500-1.
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Nice Acronyms
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Protect IP Bill
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Re: Protect IP Bill
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Re: Re: Protect IP Bill
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