White House Comes Out Against The Approach In SOPA/PIPA In Response To Online Petition
from the boom dept
Remember that big first petition to the White House against SOPA? As you may recall, that got enough signatures that it required a response from the White House... and that response has come out. It rejects the approaches found in both SOPA and PIPA. They say that "online piracy by foreign websites is a serious problem that requires a serious legislative response" but that there are many things they will not support.They will not support a bill that has the potential to censor lawful activity or inhibit innovation:
To minimize this risk, new legislation must be narrowly targeted only at sites beyond the reach of current U.S. law, cover activity clearly prohibited under existing U.S. laws, and be effectively tailored, with strong due process and focused on criminal activity. Any provision covering Internet intermediaries such as online advertising networks, payment processors, or search engines must be transparent and designed to prevent overly broad private rights of action that could encourage unjustified litigation that could discourage startup businesses and innovative firms from growing.They flat out reject anything that involves DNS blocking:
We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. Our analysis of the DNS filtering provisions in some proposed legislation suggests that they pose a real risk to cybersecurity and yet leave contraband goods and services accessible online. We must avoid legislation that drives users to dangerous, unreliable DNS servers and puts next-generation security policies, such as the deployment of DNSSEC, at risk.They do still say that new legislation is needed, but they want something where every stakeholder is actually involved:
So, rather than just look at how legislation can be stopped, ask yourself: Where do we go from here? Don’t limit your opinion to what’s the wrong thing to do, ask yourself what’s right. Already, many of members of Congress are asking for public input around the issue. We are paying close attention to those opportunities, as well as to public input to the Administration. The organizer of this petition and a random sample of the signers will be invited to a conference call to discuss this issue further with Administration officials and soon after that, we will host an online event to get more input and answer your questions. Details on that will follow in the coming days.Make no mistake about this: this is the White House asking for a hard reset of SOPA/PIPA and saying start again from scratch. This is an astounding turn of events, and a much stronger statement from the White House than anyone honestly expected. This is almost entirely because of the outcry that came out of the internet over the last few months. Without that, it is unlikely that the White House ever would have come out with such a strong position that questions the key provisions of these bills.
Washington needs to hear your best ideas about how to clamp down on rogue websites and other criminals who make money off the creative efforts of American artists and rights holders. We should all be committed to working with all interested constituencies to develop new legal tools to protect global intellectual property rights without jeopardizing the openness of the Internet. Our hope is that you will bring enthusiasm and know-how to this important challenge.
Moving forward, we will continue to work with Congress on a bipartisan basis on legislation that provides new tools needed in the global fight against piracy and counterfeiting, while vigorously defending an open Internet based on the values of free expression, privacy, security and innovation. Again, thank you for taking the time to participate in this important process. We hope you’ll continue to be part of it.
It will be important to continue to be engaged and to make sure that what happens next really is reasonable. Let's hope that Congress actually recognizes the importance of what the White House is saying, and that any future process really is open. Congress has a way of ignoring things like this, and until Harry Reid agrees to put PIPA on the shelf and take part in this hard reset, people need to keep the pressure on the Senate. But, in the short term, this is a rather historic moment, in that it is a case where a loud public outcry really has had a major impact on this process. When the Senate introduced PIPA early last year, it was seen as almost assured that it would pass in something close to its initial form. Now that seems impossible.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: aneesh chopra, censorship, dns blocking, free speech, howard schmidt, pipa, protect ip, sopa, victoria espinel, white house
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Repeal the Sonny Bono Copyright Term Extension Act
Repeal the Sonny Bono Copyright Term Extension Act
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Re: Repeal the Sonny Bono Copyright Term Extension Act
Replace with "no sale of patents or copyrights", "no patents of living things, software, and processes".
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Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
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Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
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Re: Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
Get the raw numbers and make it equally painful to everyone.
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Re: Repeal the Sonny Bono Copyright Term Extension Act
Perhaps for software reduce the term to 7 and 7 years.
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Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
75 years seems fine to me- average lifetime.
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Re: Repeal the Sonny Bono Copyright Term Extension Act
Twenty years with additional extensions granted if the rights holder/company files for extensions. This leaves plenty of time for movies/music/etc to make money, leaves the creators/rights holders the option to extend, and if they don't renew then that takes care of the orphaned works problem.
Plus Disney can hang on to their pet rat as long as they like.
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Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
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Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
Who cares. Since when is copy protection lengths supposed to be based on how long people live and why?
It's not supposed to be based on how long people live, it's supposed to be based on what optimally promotes the progress of the sciences and useful arts, what optimally expands the public domain, and what optimizes social welfare. No one is entitled to a monopoly privilege, not even for one minute.
I say we shorten copy protection lengths to seven years. The overwhelming majority of revenue from most works is made by then, far sooner even. If you can't make your revenue by then then tough.
and any discontinued works automatically enter the public domain. There is no good reason for discontinued works not to enter the public domain.
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Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
There is no way someone like you could ever know the first thing about copyright or how long it should last.
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Re: Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
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Re: Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
Understand: You only have any copyright as long as we let you have it. You are not special because you create. Everyone creates. Everyone. You just think you should get paid for it. That's fine, but don't forget where copyright power comes from. From people like him and people like me.
So show some gratitude, you leech.
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Re: Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
As far as anyone here can tell, you don't create or innovate any more than he does.
And he is absolutely right about copyright's purpose, by the way: So, obviously, you don't know the first thing about copyright or how long it should last.
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Re: Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
I love how you people so blatantly drag things out of your own ass and pretend they're facts. It's so much easier than arguing facts or even determining who you're arguing against.
"There is no way someone like you could ever know the first thing about copyright or how long it should last."
So go on, you mental midget, who is "someone like him"? As far as I can tell, he has the same credentials as you, except he's not acting like a childish asshole and at least has the capability of acting like an educated adult. Unlike you.
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Re: Re: Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
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Re: Re: Re: Repeal the Sonny Bono Copyright Term Extension Act
That's a gross misunderstanding of life expectancy numbers. A healthy person in the colonial era lived just as long as a healthy person does today. The "life expectancy at birth" was half of what it is today because of the high rates of infant- and child-mortality, due mostly to diseases we've learned to treat and cure.
By the time most people were old enough to create something subject to copyright, they would have been expected to live to at least 65 or 75.
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Posting on a Saturday?
This must be important.
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Re:
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Enforce the Sherman Act
Enforce the Sherman Act.
Horizontal Price-Fixing is a per se violation of Sherman Act § 1.
Agreement among competing ISPs to fix a price at $35 is outrageous.
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Mike Masnick and Techdirt
Best regards.
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Re: Mike Masnick and Techdirt
Good job, Techdirt.
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Absolutely.
This isn't over, but this is an amazingly large step.
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Here's hoping for your speedy recovery
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http://blog.mpaa.org/BlogOS/post/2012/01/14/MPAA-Response-to-White-House-Position-on-Anti-P iracy-Legislation-.aspx
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Wow! Really? Do they think we're all complete morons?
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And to even hint that, as an industry, they're the least bit innovative is laughable. Individuals within the industry, yes, usually to enormous opposition by studios, but as an industry? Nahhhhhh.
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http://blog.mpaa.org/BlogOS/post/2012/01/14/MPAA-Response-to-White-House-Position-on-Anti-P iracy-Legislation-.aspx
There is some serious coordination going on between the Whitehouse and the MPAA.
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It amuses me greatly though that their whole media blackout didn't work, maybe the time of mainstream media really is over.
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The tech people payed their lobbyists well and the pirates complained a lot and it got the attention of the White House. Very impressive.
So you knocked out PIPA and SOPA. But the White House also made it very clear that now you have to step up and provide a solution; a seat at the table you've requested:
"the Administration calls on all sides to work together to pass sound legislation this year that provides prosecutors and rights holders new legal tools to combat online piracy originating beyond U.S. borders."
This is a real issue that isn't going away- the terms of which have just been dictated by the head honcho himself.
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Solution : no more release windows, make content available to the customer when the content launches.
Solution : no more regional windows, make content available to the customer when the content launches, wherever the customer lives.
Solution : Make content available WHERE the customer wants it.
tough to hear ? then you wont like the next part.
You come at this whole thing assuming the media industry wont have to give up anything, ever.
When in fact Copyright is a government granted limited time monopoly with the requirement that the work in question enter the public domain after the Copyright ends.
Copyright exists to further culture in general, not to fatten hollywoods wallets.
That we let Copyright get to where it is today is a travesty, but at least people are starting to put their foot down.
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If you can't come up with anything better than that, then don't complain when you're at the table and get ignored.
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Where am i trying to justify anything ?
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Illegal -> Bad
Looped Reference Deleted.
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This is the same administration who got ISPs around the table to agree to fix prices for consumers at $35.
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That's one of the chief reasons that Victoria Espinel should pursue opportunities in the private sector:
Iiuc, Victoria Espinel helped to broker the “six strikes” deal between ISPs and “content” providers. In that agreement, the competitor ISPs combined to fix their price at $35 for consumers to contest any “strike”.
Iow, anytime the “content” providers feel like it, they can get a consumer dinged for $35. And the “competitive” ISPs will agreed on the same $35 charge.
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I got a solution. Lets make infringement legal, then no one would need to 'justify' it, at least by your logic. There, problem solved.
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No, he';s trying to tell you morons to actually offer the content up for legal sale in ways that the customer requires, thus removing the market for illegal solution.
I'm sorry if you're too stupid to accept the truth, or to accept that yes you do have to work to get paid for it, but these are the facts. Lying about the positions of others doesn't change them.
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No.
Difficult to say, maybe, and hard for a politician's mind to comprehend, but it is a valid response. Especially considering that there are plenty of people who think the existing 'legal tools' are already too much.
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The tech industry and the public are starved for content.
You believe you're entitled to have people work hard for no money to entertain you for free.
You think that scenario is going to exist forever.
You're in denial.
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Address the legal aspect when you're at the table or prepared to be ignored.
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but i suppose "Waaah waaah we cant change our buisness to fit reality" is a response on your level.
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The problem is people taking something they don't have permission to take.
This is a US law; people in the US have just about any avenue they desire to purchase content. Yet piracy continues.
So no, you're not pointing out the problem.
Like I say, keep tilting at windmills.
You're gonna have a seat at the table. You want to be stupid with that opportunity? Please, be my guest. Just don't complain when there's a new law you don't like.
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PLEASE be at this table you speak of.
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You in front of congress: "People rip off content because content isn't available where the customer wants it."
Congressman: This is the United States. Ever hear of iTunes or Amazon? You're a retard. Next."
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Imma go ahead and be nice and give you points for trying.
Thing is, discussing the Copyright term is becoming less and less controversial.
My guess is we're not too far off people running with 'copyright reform' in their program. and with shit like PIPA/SOPA in the jacket of the copyrightmaximalist people imma go ahead and guess that they're gna get a significant share of the votes.
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It's a strawman. An excuse. A rationalization. And everyone knows it.
Snore.
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Effect on Copymaximalists though would in all likelyhood be substantial if copyright went down to 10-15 years.
More to the point though, you want to bring up Strawmen .. really ... you ?
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The people doing the piracy first are consumers and second if they don't pay is because they don't want to and there are reasons fueling that, without the social mores to hold them back you got nothing to stop the "thieving" since you are powerless to do it any other way.
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LOL! You'Re in denial.
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Very shortly after piracy became an apparent problem, the 9/11 attacks occurred. For YEARS afterward, federal law enforcement concerned itself with terrorism at the expense of all other crimes.
After the Bush reign ended, the Justice department returned to a balanced law enforcement approach.
Pirates and anti-IP zealots have long made the mistake that technology won some battle, when in reality law enforcement just wasn't prosecuting. That created goofballs like you, who think copyright is over and a new reality now exists.
You're idiots.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:
Nobody ever took copyright seriously except for business that depend on the government to exist, but people don't depend on the government, they were not created by an act of law and they never observed copyrights.
Law enforcement is not even prosecuting right now, where are the new RIAA "educational" campaign?
Oh that is right they abandoned that approach because it wasn't working LoL
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Funny how it works. Give customers what they want, offer sales often, cut out the middleman, piracy suddenly becomes a distraction and you make more money than you did prior to digital distribution.
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Those are things that can be legislated.
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Also people should consider the necessity of copyright at all.
Copyright should end.
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[citation needed]
I'd be perfectly happy if the RIAA/MPAA members went out of business upon IP abolition. I am willing to risk losing whatever future content they will otherwise produce.
"You believe you're entitled to have people work hard for no money to entertain you for free."
No one said that. No one is forcing artists to work if they don't want to. If they don't like IP abolition they can simply find another job.
You also assume that IP is the only way that content creators can make money. This is a false dilemma and is representative of the poor logic used by IP extremists.
and what content do you produce? Oh, that's right, none.
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So in a sense there is demand for ideas, but ideas that others can use, copyright make ideas useless for everybody and for that it must end.
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In short don't overvalue your product or sell in a ways and forms the market doesn't' want.
The movie trick has already been mentioned though to that I'll add exhibitors need to make their theatres places people want to go. Seeing a movie on TV isn't the same as in a theatre not can it be made the same social event.
In short for the RIAA and MPAA let go of the idea that you control the release chain from end to end and loosen up a bit (or a lot).
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Back to forcing your laws on other Countries?
Worry about your own people. I can hardly find all the laws that pertain to me from my own Country, let alone yours and every other one.
My legal tools are law enforcement or civil court. Why do rights* holders deserve more?
*Don't I hold any rights?
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Positive development, but...
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Re: Positive development, but...
Make no mistake, piracy is a crime, not an innovation. It is theft, plain and simple. Like most property crimes, however, it is market-driven. This means that the entertainment industry does need to rethink its distribution model to make sure that its always much easier and more convenient to buy content than it is to steal content. It also means that there's nothing wrong with a law that punishes individual perpetrators and organized criminal groups to act as an additional deterrant.
The problem with SOPA/PIPA is that it is akin to trying to stop car theft by forcing everyone to keep their cars in their garages at all times. There absolutely should be strong federal punishments for proven content piracy. As for the overseas websites that the more troubling parts of SOPA/PIPA are targeted at, the challenge is to exert pressure on other countries to adopt more uniform content protection. Ideally, the focus should be on making copyright law terms and protections that are internationally agreed upon.
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Re: Re: Positive development, but...
The biggest problem i see with all this BS from the media industry is that there is NO attempt to adjust to reality, they want to try to make reality adapt to their buisness model rather than adapt their buisness model to fit reality.
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Re: Re: Re: Positive development, but...
Sluggishness on the part of producers doesn't mean it should be legal to pirate content, though.
And the issue of overseas piracy is the toughest nut to crack, that's why I said "ideally." International copyright law does already exist though, and most productive nations already agree on it. What it'll ultimately come down to is an economic decision by the various industries on whether or not to distributing content in places with minimal protections is worth it.
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Re: Re: Re: Re: Positive development, but...
I disagree. It will come down to the industry realizing that distributing to different markets at different times, or skipping markets entirely, is not a viable business model.
Someone will distribute to the under served market. If it's not the rights holder, someone else will eat their lunch.
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Re: Re: Positive development, but...
i cannot comprehend why or how some people still believe and firmly insist that infinitely copyable content can be "stolen" via copying it
copying isn't theft, people, no matter what the MAFIAA wants you to believe, it's time to wake up and smell the coffee
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Re: Re: Re: Positive development, but...
fuck you, internet, fuck you
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Re: Re: Re: Re: Positive development, but...
You're right, the act of copying something for personal use is not theft. I'd contend that profiting from distributing something you don't own is, though. That's where the real problem is.
When a website profits off of advertising revenue or even monetary donations from end users for providing access to content it does not legally own, that is theft. That website is stealing a wholesale good and reselling it with the expectation of revenue but without intention of ever paying its creator or manufacturer.
Every good is "infinitely copyable." Its just unusually easy for the average person to copy content as opposed to, say, iPhones. The reason we have copyright protection is to protect the incentive to create original content in the first place. Its the same reason we have patents: to make innovation and creation profitable enough that it's attractive for people to invest the time and money necessary to create things.
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Re: Re: Re: Re: Re: Positive development, but...
When copyright and patents are used to hinder or stifle the progress of useful arts and sciences, it's time to drop the enforcement angle and start weakening or repealing legislation that has made such hinderance possible.
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Re: Re: Re: Re: Re: Re: Positive development, but...
There are plenty of provisions for what is called "fair use" when protected content can be used for free (with attribution) for commentary, academic and even some commercial artistic purposes.
How is, for example, providing free access to unchanged episodes of the Sopranos to save people the cable and HBO subscription fees related to "the progress of the useful arts and sciences?"
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All of them undermined by already existing laws like the DMCA that diminish the ability of individuals to practice those rights, and SOPA/PIPA that go even further.
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Re: Re: Re: Re: Re: Re: Re: Positive development, but...
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Prospective is used above in the sense that it is an enunciated power, and not an obligation, of the federal government.
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Re: Re: Re: Re: Re: Positive development, but...
You think there is an infinite amount of plastic and metal and that we will never run out of them?
Why waste our time with recycling then?
I am sure glad copyright and patents came along. We had nothing prior.
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Re: Re: Re: Re: Re: Re: Positive development, but...
The act of producing an iPhone requires a huge amount of resources: work, planning, monetary investment, plastic, metal, glass, and so on. Unauthorized copying of the end product is possible (heck, its done), but is made more difficult by the fact that you have to produce a tangible good, so copying isn't a huge problem.
The act of producing content also requires a huge amount of resources: peoples' work, hours of planning, considerable monetary investment, et cetera. Yet, the result exists as intangible information. It is easy to copy with the press of a button.
Copyright exists to allow creators of intangible products to control distribution for their own profit. This is put in place to allow a professional artist class to exist. Copyright is what allows people to continue to spend millions of dollars and thousands of man hours to make your favorite movies and TV shows.
We've had copyright almost as long as recording has existed, but before recording every bit of music or theater you could see had to be performed by the artists themselves. Thus there was a physical barrier to copying.
Patents have been around in one form or another since ancient Greece, so, yeah, we had very little prior.
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In fact copyright only exists for open source to compel others to share, maybe that is the only good copyright one that take the current copyrights protections and change them 360 degrees.
That model not only allows big players to emerge it guarantees that any segment of the market will be served, it also guarantees local work since the production is in a global scale but anyone anywhere can try and create a market around it, so you can get a local to modify things for you and that local gets paid locally the money don't go elsewhere, just ask any economist how important is to have local economic activity.
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Re: Re: Re: Re: Re: Re: Re: Positive development, but...
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The solution to that problem is to learn what others are looking for and give it to them so they seek out your product and not other alternatives.
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Greece isn't my role model. Butt spanks anyway!
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Not sure what happened to my keyboard there. :)
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Re: Re: Re: Re: Re: Re: Re: Positive development, but...
Like I said a few minutes ago, there are some terms you are using you just don't know the meaning of.
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Re: Re: Re: Re: Re: Re: Re: Positive development, but...
Here's the difference. Some factory in China can take the same pieces of metal, glass, and plastic, and make something that functions exactly like an iPhone. Then sell it for $100 less than an actual iPhone. All without doing the hours of planning, considerable monetary investment, et cetera.
It is perfectly legal, and Apple has zero right to stop them. In fact, the last couple of MP3 players I bought were cheap iPod rip-offs - which I bought at the local computer store.
If you try to do the same thing with something that is copyrighted, it would be unlawful.
Copyright is what allows people to continue to spend millions of dollars and thousands of man hours to make your favorite movies and TV shows.
As the kids say, [citation needed]. Copyright is not necessary to sell the fruits of your labor, and it's absolutely not necessary to sell the labor itself. On the contrary, most artists find that less copyright enforcement equals greater sales.
There is no question in my mind that some copyright protection is necessary. But it is not the copyright protection we have now. Scaling it back from its current levels unquestionably would benefit the public, and in the long run it will benefit artists and publishers as well.
In particular, non-commercial infringement should be absolutely decriminalized, and the penalties far weaker than current levels. (Fines that are the equivalent of a parking ticket seem about right to me.)
The idea that "advertising" by itself constitutes for-profit infringement is also really problematic. Most websites have ads nowadays, and most of that income isn't even enough to cover hosting costs, much less fund a "criminal enterprise." Furthermore, I would hesitate to call it "profit from infringement" unless the ad money is directly attributable to specific acts of infringement.
Creative Commons recently funded a study defining what members believed was "noncommercial use." That would be a good place to start.
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Re: Re: Re: Re: Re: Positive development, but...
"Every good is "infinitely copyable.""
Now you're just being obtuse.
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Re: Re: Re: Re: Re: Positive development, but...
Not only that, but the content creators are starting to realize they can avoid all the BS dealing with their labels by connecting with their fans directly and releasing the music themselves.
The WHOA IS ME THEY'RE STEALING shit is so old and tired. They are not victims of anyone but themselves. The marketplace drives the market, and you can't bully the world into staying still because you refuse to move. Criminalizing the entire world because you refuse to adapt and innovate is retarded. At some point this is their own fault and their problems are caused by the fact they refuse to serve their customers. Supply and Demand is at work here.. They refuse to supply it so others will. If they start supplying it there is no reason to steal it. Piracy decreases.
Simple economics taught in every high school across this country, but our elected officials and big content billionaires cannot figure this out? Fuck outta here.
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Re: Re: Re: Re: Re: Re: Positive development, but...
And the White House knows it, believe me.
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Did it stop me from purchasing a the physical tape? Not really. If I was going to I was going to anyway. If I wasn't going to I may have decided that I wanted to purchase. If I decided I didn't want to purchase then I didn't.
It's that damn simple. Saying people are stealing because they listen before they buy is retarded. Listening to something doesn't constitute a contract to purchase and it never has. Ever. Not even going as far back as 8 track tapes . It's one virtual living room, give people a way to pay for it so they can listen at their leisure without having to jump through hoops, risk viruses, have annoying pop up ads and browser take overs they'll pay for it just because it's convenient.
Yeah sales dropped off.. but so has the quality of content. The labels no longer make albums to be albums, they don't develop artists, they sign deals based on singles. You lower the quality of the content people hear it in their virtual neighbors decide it's not worth their money and keep it moving.
This is not rocket science..
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Re: Re: Re: Re: Re: Re: Re: Re: Positive development, but...
It sure is. Just as retarded as pretending I said that.
Of course, I didn't, so guess what that makes you?
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Fail.
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An anonymous shilltard who threatens to be at the table? Why?
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Re: Re: Re: Re: Re: Positive development, but...
How do you define ownership of something that can't be owned, measure or seen?
Simple answer you don't, someone create arbitrary rules based on gut feelings and hope for the best that is no way to do things in the real world.
Also why give a extremely long time of a monopoly to anyone, it has to have a very good reason, it has to be exceptional and not just run of the mil stuff, this doesn't happen today, those exclusion laws where commoditized in the assumption that it would be good, but good for whom?
Certainly not the entirety of society or the economy for which exclusion rights actually reduce economic activity, encourages money hoarding and doesn't do much of anything else so, I am curious to know why people think those laws should even exist.
Copyright should end, whatever good it brings is nowhere near the harm it causes.
If copyright is theft, my advise to everyone is to steal more. Millions do it everyday even the people trying to call others thieves, even they can't escape their own rules and try to hide it or create exceptions.
If for nothing else IP laws should end because they are now threatening the foundations of democracy itself. Given powers to others that can be used to censor anybody is not something that should be taken lightly, that is the line that should never be crossed and it was, it is time to end the problem and the problem is copyright itself.
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Re: Re: Re: Re: Re: Positive development, but...
The theft of market share?
That is not a problem for law enforcement that is a problem for market forces, if you can't convince people why they should go to you instead of the other guy, you should be broking deals with that other guy to sell something.
Ubuntu is free anybody can copy it, modify it and even sell it even they want too, and there are people who do, does it stop others from buying from the original creator? Nope in fact it helps them because they serve the people who serve others.
The reason we have copyrights is because some douche 200 years ago wanted a monopoly and he got it, now is time to end that monopoly.
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Re: Re: Re: Positive development, but...
Theft: Taking some physical object that isn't yours. This means the rightful owner does not have that object.
Infringement: Making a copy of something (meaning the original is still where it started out at) without paying for your use of those copy'd bits (either to listen/watch, or use in your own content (IE if I decided to slap a few Two Steps from Hell tracks into a movie I'm making without bothering to pay them for the privilege.) Still wrong, in that you're getting around the whole 'paying the person for services.' However you do not actively deny other people that same thing.
The problem here is the RIAA/MPAA want to equate one with the other instead of try doing something like parlay the oftentimes questionable rip/recorded quality of the downloads/youtube videos/whatever into sales of a Superior product (IE a DVD/BLU-Ray with Bonus Tracks, Behind the Scenes footage, consistent quality. Not having to deal with poor cam footage. Etc)
iTunes has shown that people are quite willing to pay for the same thing they could get for Free because Pay offers a better service.
Netflix has streaming services for all kinds of stuff at a per month flat rate (which reminds me of how radio stations pay a flat license fee for their content rather than a 'x per song play' model. You can view the content on any box you're logged into (Pretty sure it only lets you stay logged in to one device at a time.) Plus if you want a physical copy Go right ahead, just mail it back when you're done.
Ye Olden Services like WinMX, Napster, eMule, and the like have shown that there is a customer demand. Later legal services have shown that it's a viable business model (that doesn't involve selling time-slices of the zombie network you're creating by lacing the browsing software with malware... Kaazaa.)
I would honestly pay good money if the labels, studios, and the like would embrace these technologies rather than bombard us with 'you wouldn't be a baby eating pirate' ads in media we've already bought, or try co-opting the legal system to be their bully boys so they won't have to keep up with new distribution methods.
The player piano was called out as killing the industry.
So were records.
So was the radio.
So were movies.
So was BETAMAX/VHS.
Yet time and again when the new reality was accepted. 'The Industry' saw profits they couldn't have imagined beforehand. Sure there's casualties with every advance, but then again just because we have HIGH DEFINITION movies with multi million dollar special effects doesn't mean the stage play is dead, and radio has survived the past century quite well thanks for asking.
It isn't 'Adapt or Die'. It's 'Adapt to your new nich as the environment shifts.' Sure Tape isn't around anymore, and who knows. Maybe CDs will end up dying out, but there will always be a need for that physical object to house the bits in some theoretically permenent fashion (barring your little sister throwing the CD in the microwave.)
Work with your customers. Don't treat us as Criminals lest we cast you aside in favor of going to the artists themselves.
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Re: Re: Positive development, but...
"Make no mistake": your research is wrong, and you are wrong.
"Plain and simple": because I say so.
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In this case, they're being used as a "counter" to all the evidence. Beware of anybody who says "piracy is theft, plain and simple" and then don't even bother to bring up a reason or try to debunk all the research indicating exactly the contrary.
Same as saying, "Oh yeah? You're wrong!" instead of "you're wrong, because..."
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Re: Re: Positive development, but...
Following up a ludicrous conflation with 'plain and simple' doesn't mean it's no longer a conflation. Infringement is infringement, not theft and infringement is not always a crime. Furthermore it's not a property crime because it doesn't involve taking of property of any kind. These kinds of absolutely baseless conflations that have no standing what-so-ever in common language or the law are what PW is talking about when they said 'there's some serious debunking that has to be brought to light.'
You're part of the problem.
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Re: Re: Positive development, but...
"There absolutely should be strong federal punishments for proven content piracy."
Yeah, I agree lets put 14 year old kids in jail for 5 years for downloading a 20 dollar copy of Finding Nemo. Lets kick in peoples doors based on IP addresses, and then arrest their printers. Damn fucking printers, don't they know infringement is illegal. Lets push unstable people to attempt suicide after they have been falsely accused of infringement. Lets push for the death penalty for these nasty infringers.
I was going to link to each and every one of those "lets..." but we all know them already.
This is already out of control. There is no need to make it worse.
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Re: Re: Positive development, but...
No, there absolutely should be strong federal punishments for proven serious crimes that do provable harm. The content industries like to make claims of massive monetary and job losses, and base their demands for legal recourse based on those claims. Yet none of the independent, non-industry studies, even some from governments, can find any evidence that supports these outlandish claims. If you want to inflict strong federal punishments for crimes, there should be conclusive evidence and wide agreement of the actual effects of those crimes. The industries have failed miserably to prove that, and have instead succeeded in getting most of what they want due to massively lobbying dollars going to self-serving politicians who fit every definition of corrupt except the legal one.
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Re: Re: Positive development, but...
It seems that there is nothing that can be done that will slake the thirst of the anti-rights crowd other than do nothing at all unless it is the elimination of Title 17.
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Re: Re: Positive development, but...
(If I'm mistaken, I apologize...)
Piracy is not wrong, and there should certainly not be strong federal punishments for proven content piracy. If I watch my TV on the internet (on a "pirate" site) NO ONE IS HARMED! The film and television industries continue to make millions upon millions of dollars each year. No one is deprived of the "stolen" videos. I have even read of a study that showed that users of "pirated" content were also major purchasers of video content - whether blurays or movie tickets.
Those folks who make the shows and films I watch have already been paid, and paid handsomely, by the time I get to watch them on "pirated" TV. The artists - the writers and actors - have been paid. The directors and grips, costumers, and technicians, have all been paid. Even the "producers" have been paid. The real issue here is how much money is enough, and are these greedy "rights"-holders the only ones with any "rights" to the material? For me the answer is a resounding NO!
In our modern times film, and especially television, are part and parcel of our daily lives. The films we see and the shows we watch, entertain us and educate us - they reflect us. We watch and we see ourselves, our neighbors, our history, and our future -and maybe our vision is altered in some fashion we barely notice. Film and television is a modern form of literature, and as literature it deserves to be shared, uncensored and unhindered.
The Hollywood conglomerates want us to think of film and television as they do, as only commodities - but they are not. They want us to believe that they made their widgets (films and shows) freely, and offered them at a competitive price to make a profit, and that they deserve to make as much profit as possible from their widgets. They are willing to have YOU (or me) thrown into prison for the sake of this belief.
The truth is, these are not just commodities - they ARE modern literature - they are made for us; they are about us/reflect us; they are broadcast on our airwaves; they form a significant part of our cultural sense of ourselves;and we paid for them (already).
What we have here is a clash between private rights and public good. The media giants want to squeeze as much money out of us as they can for as long as they can, because it's "their product" and "their right" to do so. They say, "If you don't want our product, then don't buy it, and if you try to use our product when we don't control it we'll see you thrown into prison and ruin your life."
I would reply that TV and film are so ingrained into our culture now that unless you're a VERY insular person, it isn't really an option not to have a TV or watch films anymore. What will we talk about at the watercooler or in the breakroom? The question then becomes, not will we have it, but rather, how much are we going to allow them to gouge us for it, and for how long, and do we continue to allow someone else to determine what we watch and when, or do we take that power ourselves - without having to pay extra for it?
I gather there is a saying in film copy"right" circles that goes something like this, "How do you compete with free?" On the surface it sounds like a reasonable question with the requisite rhetorical answer, "You can't.", but I believe on closer examination the question's as self-serving as most of their other rhetoric.
We've all seen the (so-called) PSAs, the working-class grip, complaining he won't have a job because "the pirates" are stealing his livelyhood. I believe that most everyone, even most "pirates" WANT to pay these guys. They want to see the actors and writers and technicians and grips who make the films and shows they love make a living. What they don't want to do is go broke paying exorbitant cable fees or pay twenty dollars for a mediocre film on a bluray disk that cost twenty cents to make; they don't want to continue to shovel their extremely limited livelihoods into the pockets of multi-millionaires and billionaires who, if they think of them at all, do so only as either "consumers" or "pirates".
We saw it with the music "industry" (it's really about art and culture there, too). For years they had a strangle-hold on the means of distribution, and they charged as much as they absolutely could get away with. Young people have a sense of when they're being taken advantage of, and when the computer finally allowed them to break free of the "industry" monopoly on the price of music they took advantage of it. The music "industry" paid the price in sales for their greed in the past.
We're seeing the same thing now in the film and television "industries" (culture and art will out), and like the despot, the tighter they grip, the more they lose. The really unfortunate part is that people's lives are being ruined as the industry uses it's immense wealth and influence to further solidify their "rights" at the expense of the public's interest, pushing the government to criminalize and prosecute and imprison people who threaten their POTENTIAL (not actual profits - yet) to profit, when these people only really want to enjoy and share their cultural commonality with others.
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Re: Re: Positive development, but...
Theft requires scarcity; it requires the original owner be deprived of the object stolen; this is a core part of the definition of theft, the rightful owner has to be deprived. Eg. you're calling someone a car thief who copies your car but doesn't deprive you of it.
Suffice it to say that copyright infringement is not theft. It's more like "disrespecting a monopoly". It is stuff the government and content owners don't like. Perhaps it deserves to be punished.
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Re: Re: Positive development, but...
http://uk.news.yahoo.com/british-navy-captures-13-suspected-somali-pirates-120110943.html
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Re: Positive development, but...
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Surprise
I had assumed that the fix would be in at the White House too.
It is my hope that everyone can take a step back and look at the possibilities and opportunities here.
The exaggeration of damages by the big players in the entertainment industry has often obscured exactly what the problem is and exactly the scope of it really is.
Hopefully a rational approach to stopping counterfeit goods, which can cause damage to health and well being can be found and a middle ground can be found.
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Re: Surprise
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Full steam ahead from Lamar Smith.
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There are still dangerous provisions being considered, particularly "search engine" censorship. Remember, a "search engine" is just about any site that indexes and organizes information. We have to stop that section too.
Regards.
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Response to: Kenneth Michaels on Jan 14th, 2012 @ 10:44am
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Re: Response to: Kenneth Michaels on Jan 14th, 2012 @ 10:44am
I'm guessing it's harder to identify counterfeit and "illegal" sites than porn.
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Re: Re: Response to: Kenneth Michaels on Jan 14th, 2012 @ 10:44am
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Victoria Espinel should pursue opportunities in the private sector. The admininstration thanks her for her service.
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(SOPA/PIPA Supporters channeling Admiralo Yamamoto)
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A sleeping giant has been awoken alright, just not the one you think it is.
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Have a nice millennium :)
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It's that simple. There are infinite ways for artists and big content to get paid for their work.. they just need to be open to them. They want the world to bend to them.. no way. The marketplace has been in charge for as long as there has commerce. This won't change because the major labels have successfully bought off Washington.
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Not only should Victoria Espinel pursue opportunities in the private sector, but there's someone else who also needs to be thanked for their services.
If the RIAA lobbyist judge won't recuse herself from “proceeding[s] in which h[er] impartiality might reasonably be questioned”, then she needs to be gone.
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Hey, it is almost like a discussion now
What's right? What needs to be done?
1. Let's deal in facts, not speculation. If there is real and serious harm being done to American industry by overseas rogues, it should be quantified. This has to be the starting point of any serious discussion about the issue. Unless real numbers are used that are impartial and objective, there can never be anything like consensus on the issue.
2. Punishment should be proportional to the infraction. It is a reasonable idea to come up with ways to mitigate or reduce real harm, if it in fact exists. While we are at it, let's make sure that we're looking at harm on both sides of this debate. Allowing abuse of the legal system (ala Righthaven) or abuse of the DMCA or using an elephant gun to hunt mosquitos (ala Jamie Thomas) really needs to be addressed as part of the reform being sought.
The concept of theft is conflated with the idea of copyright infringement, to the detriment of everyone involved in the discussion. If Jamie Thomas (or Lamar Smith) happen to infringe on something that could be outright purchased for under a dollar, there should be no way that the remedy for that situation should cost more than a new car. Or a house. It should not be possible for the stakeholders in this discussion to ruin the lives of people in hopes of proving a point.
3. Put some incentives in place to be accurate. Bogus takedowns, speculative lawsuits and extortion by legal threats and intimidation should all have serious consequences. It is becoming increasingly obvious that DMCA abuse has become commonplace. Rightsholders believe they are entitled to pull stuff (such as the MegaUpload song) off of the web simply because they don't like it. There should be some significant consequences for bad faith action such as this that encourages responsible behavior on the part of those who are so quick to lecture the world about their behavior.
4. Transparency. It is inexcusable for government to engage in dealings without allowing the public to understand and participate in the process. There may have been a time when this was acceptable. That time is over. From ACTA, to SOPA/PIPA, to whatever goofy scheme the captains of industry decide is the next battleground against our freedom, the discussion MUST involve the people that will be impacted by it from the very beginning.
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Re: Hey, it is almost like a discussion now
First, the two are not really being conflated. The websites that distribute copyrighted content without the rights are infringing on copyright, if they profit from the distribution of that content, then they owe the rights holders money. If they don't pay, then the content is stolen. People who knowingly consume content from these sources are trafficking in stolen goods.
Content, regardless of quality, is a product. Its producers invest some amount of time, money, and work into creating it with the reasonable expectation that they can profit from its sale either in money or in a less tangible way. When a person pirates content, they are taking a product without paying its asking price. That is theft. Theft is harmful.
Just because something is easy to steal doesn't mean that stealing it is less of a crime. I'd agree that the process of "making an example" of end users through wildly disproportionate punishments needs to be revised (it's bad PR and bad policy). That said, if you reduce the liability for stealing something to its purchase price, there is no incentive (save a moral one) to buy rather than steal. All the incentive is to steal it and cross your fingers, then shrug and pay what you would have had to pay anyway if you get caught.
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Re: Re: Hey, it is almost like a discussion now
It's been explained countless times. Calling infringement "theft" is a misuse of the term. Yes, both violate laws. No, they are not the same thing.
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Re: Re: Re: Hey, it is almost like a discussion now
When you make a copy of something for personal use, its hard to say you've infringed on that right. That falls under "fair use." However if you personally collect revenue for making and distributing copies of an idea that you don't own, you have in effect, taken that idea from its owner and used it as if it were your own.
The entire point of copyright law is that the act of copying without a "copyright" is tantamount to theft because you are depriving someone else of the exclusive tangible and intangible benefits associated with owning their intellectual property.
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Re: Re: Re: Re: Hey, it is almost like a discussion now
Held over from the days when books had to be reprinted by hand. The times, they are a changin'.
Don't release digital content. Or just keep your ideas to yourself.
Keep the music live. Can't take that from someone.
Keep movies in theaters. Then there is no way to copy the disc.
But they won't do that. They want it all. The creators rights and everyones money.
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
Those that refuse to innovate, or innovate too slowly will fail. A piece I read on the economist about Kodak vs FujiFilm illustrates this point well.
http://www.economist.com/node/21542796
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It is the same strategy that the recording lobby has been pursuing since Napster, and it will not work.
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There will be plenty of others willing to share. I know of two groups personally that I can practically throw a rock to them from my house who provide excellent music on youtube. They are young so don't have much yet, but give them time. The one group has cut their own album already.
It is a job. A passion. They are making some sacrifices now just like a student going to college/university must.
This is what the MAFIAA fears. That they are out of the picture and no longer in control.
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Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
"In the pre-digital world, copyright law was effective at stopping infringement because the activity of using data and the activity of copying data were two distinct activities. You read a book, but didn't copy it, per se.
The digital world, by its very nature, can only use data by copying it, whether its transferring a movie file by temporarily copying it from the hard drive/optical disc into RAM or downloading a file from a web server. No matter how hard copyright maximists try, they cannot prevent what they call unlawful copying, because computers, by their very nature, can only copy data. You can slow it down or make it more difficult to make an unlawful copy, but at the price of destroying what a computer is, at the cost of destroying one of the most useful tools to have ever been invented".
To tell the truth, the comment was really just a couple of lines, but I felt like I had to take what was written before, remix it and put my own spin on it.
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I'd rather they kept it to themselves rather than eroding my rights. We will survive without them. I am living proof.
Posted from my Linux box.
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
Heck people don't even need to get the whole movie, one piece at a time and everybody can reconstruct an entire video with sound and with new tools appearing that can enhance not only image but audio the end result could be equal or better than the original.
A new campaign.
Steal a movie one frame at a time :)
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Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
If you can't get Linux, you are one of very very few.
What is your address? I'll mail you a disc. Just tell me what window manager you wish to use.
I share my ideas freely. Even when it means less money for me.
Not everyone is greedy.
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Re: Re: Re: Re: Hey, it is almost like a discussion now
You have, "in effect, taken that idea from its owner and used as if it were your own" much the same if you only used something for personal use, not least of which becase once you are in possession of any idea, it has just as much become your own as it was the musicians or writers. It is the fundamental principle that you appear unable to distinguish between, that an idea shared does nothing to limit the utility of your copy, that an idea shared does nothing to limit your ability make use of the idea.
Theft leaves me without something, something that may take further time and money to get back or recreate. Copying leaves me no worse off than I was yesterday, and comes at the expense of the person doing the copying. The only issue is that this act of copying may lead me to be able to compete with you with the same or similar good you are trying to sell, but this in turn assumes that a buyer only cares about price, a one dimensional, somewhat insulting view of the consumer that fails to account for such values like authenticity that also come into consideration.
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Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
And providing my 'for sale' work for free leaves me without control over my property. It's gone. You've taken it away.
Theft.
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
Notice how your statement can also be applied to second-hand sales, or free giveaways, or gifts. You don't have control over the product in these cases. Is that theft?
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Re: Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
You being willfully blind just means you're going to be tuned out.
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Re: Re: Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
You are starting to get it. Congratulations!
Want to keep it? Don't sell it!
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
If you spend your time at the table saying moronic things like that and tilting at windmills...
You're going to be ignored. And you'll have only yourself to blame.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
Posted from my Linux box.
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
Your "property" exists in the certain combination of words of your choosing. In which case, providing your 'for sale' work for free is again just as much an act of theft if I bought a copy of the book and gave it way under your logic. After all, sharing your "property" (your particular combination of words to express a thought) is a loss of control of that property regardless of whether I share a legitimately bought book or an unauthorised PDF file.
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Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
There have been variations of creative works since the beginning of time. You can't make a variation of a real property. Besides, copyright was put there with the ultimate goal to enrich the culture of the society, and that means allowing other people to use original works after a while. RIAA and MPAA don't want that that to happen - ever - which is why they keep pushing for 20 year extensions. The idea that those help the little guy is ridiculous. It only helps the corporations who own the copyright and at best the big stars.
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Re: Re: Re: Re: Hey, it is almost like a discussion now
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Re: Re: Re: Re: Hey, it is almost like a discussion now
No, we have not.
"Rather than allow Mickey and friends to enter the public domain, Disney and its friends - a group of Hollywood studios, music labels, and PACs representing content owners - told Congress that they wanted an extension bill passed."
http://writ.news.findlaw.com/commentary/20020305_sprigman.html
They aren't society. Just a tiny portion of it.
Retroactive? They already had enough incentive, obviously.
Care to have a vote on how long copyright should last?
10 years or 100 years. Ask society what it wants.
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Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
Was it wise to extend copyright terms even longer? This can be debated until the cows come home without any final agreement. But whether wise or not, the act was passed in response to european initiatives, and not US initiatives, so that US authors would receive the same treatment as other rights holders in european countries.
If people really want to rag on what copyright in the US currently comprises, I suggest they consider the propriety of the US pursuing a course to try and harmonize its laws with those of europe. As much as people may want to cast aspersions at Congress and rights holders in general, at least they should try to keep in the back of their minds that Congress has made a serious attempt to ameliorate some of the clear overreaching embodies in europe.
I do not know the answer because I have not researched it. However, does europe have a counterpart to Section 512 of the DMCA? What about the important concept of fair use? What about the first sale doctrine? What about our refusal to accord rights to databases, enact moral rights (a creation credited to France), etc.? Rail if you must, but at least Congress has not followed europe blindly. For this it should deserve some measure of credit.
With US changes to european excesses, the US is attempting to secure agreement that such changes should be incorporated into the effort to achieve international harmonization. ACTA may be a dirty word to some, but it is not the vile villan so many make it out to be...a naked exertion of US power over those poor other countries who have implemented law without the limitations associated with US law.
Frankly, I tend to believe that the US' 1909 act, with its historical insistence on formalities was a more reasonable approach. Unfortunately, europe expressed disdain for such an approach, leaving the US to play catch-up to avoid harming the interests of US authors outside the US.
If you want to point fingers, the ones you should be pointing at are those on the other side of the Atlantic.
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
I honestly could not care less about harmonization with Europe as justification for bad law. Since when do we take our orders from them? Saying that "they made us do it" rings a bit hollow, especially given the current state of play on who is driving what in the global war on common sense that is the "IP harmonization" effort.
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Re: Re: Re: Re: Hey, it is almost like a discussion now
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Re: Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
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Re: Re: Re: Re: Hey, it is almost like a discussion now
99% of the movie content is a repost of a rehash of a repost.
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Re: Re: Re: Re: Re: Hey, it is almost like a discussion now
99% of the movie content is a repost of a rehash of a repost."
This is I believe a common misconception. While I am no fan of all the over the top action and remakes that are pumped out of Hollywood these days to say that terrible, over-produced, over hyped and over promoted content is 99% of what Hollywood is producing these days is not only inaccurate it is an unjust judgment that demands defense.
While the big money makers are indeed the big films that are so often terrible remakes and/or the never ending sequel cookie cutter approach, the motion picture industry (and visual media in general) has expanded so much in the last 20 years that now those big "block busters" are a very small percentage of all the media and movies that are being produced.
Simply put there are a hell of a lot more movies and shows being made every year than there was 20 years ago and even 20 years ago (and since the inception of the industry really) there were crappy movies being made with the intent of appealing to the masses and getting that big paycheck.
So while much of the great media being produced now may not be promoted that does not mean it is not being made and from what I can see more good movies are being made now than back in the "golden age" of cinema simply because they can be produced for less money than they could in the "good old days"
Used to be that most of television was crap. Now shows like Breaking Bad, Shameless, etc... are being made and I for one am thankful for it.
So while I do not support the MPAA, RIAA et al I do respect much of the hard work being done in the media industry and beyond respect, frankly I enjoy it was well.
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Re: Re: Re: Hey, it is almost like a discussion now
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Re: Re: Hey, it is almost like a discussion now
"That is theft. Theft is harmful". That is you closing your mind to the possibility that copyright infringement can have POSITIVE benefits as well. There have been dozens of games that I've infringed on and later gone on to buy - without the infringing, I would never have purchased them. Should I still be punished, even though I bought the game/movie? What about if I bought first, then downloaded later? Have I harmed the game developer, the movie producer? Since any person with common sense can see that I haven't...then why should I be punished, if there has been no harm?
Copyright infringement and theft are being conflated. Your comment up above just proves that.
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Re: Re: Hey, it is almost like a discussion now
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Re: Re: Hey, it is almost like a discussion now
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Re: Re: Hey, it is almost like a discussion now
So if I buy a gram of coke from you, we are both traffickers?
No. You are trafficking, I would be charged with possession.
There are a few terms that you use that you don't seem to understand the meaning of.
Copying isn't stealing.
Consuming isn't trafficking.
Extortion/bribery isn't creativity.
Ideas from my lifetime can't be used by anyone until after my lifetime? How relevant will they be when others can finally freely use them? Copyright may as well last a thousand years.
http://writ.news.findlaw.com/commentary/20020305_sprigman.html
The agreement has been broken numerous times. 95, 70 nor 50 years is considered "limited" time to me. Maybe in geological terms, but not to me. To me, it is a lifetime.
I'd prefer to serve a limited time in jail rather than a lifetime, or 50 years.
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Re: Re: Hey, it is almost like a discussion now
The internet had made 'Content' of any sort drastically less valuable because everyone is producing content of some sort, and copying is effortless.
Copying is currently a crime, but the number of people who don't think it should be suggests to me that in another twenty or thirty years it might not be. A public that copyright is no longer useful can rewrite or revoke it.
I think that's a pretty good idea. No idea what that world would look like, but there are a few industries without copyright that we can look to. Fashion and Recipes are the two that some to mind. No lack of content there.
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Re: Re: Re: Hey, it is almost like a discussion now
A public that *decides* copyright is no longer useful can rewrite or revoke it.
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Obama needs to get re-elected, once re-elected he would quickly change his mind again on these issues.
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Keep turning up the heat!!!!
Maybe they might see through the bri...err... campaign contributions and kill the bill before it can do any real harm. The courts not withstanding.
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- Lamar Smith
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Re:
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hmmmm
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I just wonder if some alien species kidnapped our president and now they are laying the ground work for a invasion.
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Re:
Obama Job Approval: 45%
Congressional Job Approval: 13%
Easiest way to pander? Oppose anything Congress does, especially high-profile contentious issues.
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New law
The 'Federal Response to Emerging Electronic Theft Amongst Rightshoarding Dirtbags' (FREETARD act)
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Well done everyone
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First sale for digital works
First sale needs to be upheld for digital works.
The courts (led by the Ninth Circuit, see Vernor v Autodesk) have effectively nullified 17 USC § 117. That section must be read back into effective law.
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Re: First sale for digital works
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aquacel
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Copyright must not be used to censor political speech
Stealing political opponents' yard-signs is scummy. Using bogus copyright claims to take down their videos is even scummier.
In October 2008, less than a month before that year's election, the McCain-Palin Campaign complained that its videos were being wrongfully taken down by bogus DMCA claims.
McCain Campaign Feels DMCA Sting:
Political speech is supposed to get the highest protection.
When the DMCA is used to censor political campaign speech, less than a month before the election, then the DMCA needs drastic surgery.
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Clearly, they're looking for another petition.
I did my best to be as comprehensive as possible within the 800 character limit. Let's see if we can't get this to do something.
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Requested Answer
I can't say I blame them when file-sharing seems unstoppable. Even if they could take down every BT website this helps little when the BT file-sharing network is a separate entity. It is also possible to search the BT network itself for what you need without having announcement sites.
So attacking BT sites seems like a red herring. The best you can achieve there is to make BT sites lawful and then to regulate them under the law to keep their lawful status.
The only real solution is to promote lawful services when people prefer the lawful option if it provides a good enough service. In that regard I was happy to see NetFlix reach the UK at 6 GBP a month (for now).
I can say one thing for certain and that is no censorship plan in any form will help them. There will always be strong opposition and work arounds.
So I guess my answer is if you can't beat your enemy then maybe it is time to be friends with them instead.
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Re: Requested Answer
The world wide web is world wide.. stop making stupid business decisions and make the content available world wide.. and piracy will decrease in foreign sites.
I really do not get why this is so difficult, it's like this shit is rocket science to these people, but common sense to your everyday average high school drop out.
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Re: Re: Requested Answer
Take Solomon Kane (2009) that was released at the end of 2009 and only now is being released in Japan.
http://translate.google.com/translate?hl=en&ie=UTF8&prev=_t&sl=ja&tl=en& u=http://rental.geo-online.co.jp/detail-224167.html
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Re: Requested Answer
What—are my posts invisible?
I really was making serious suggestions, at least on where to start. The overwhelming problem, as I see it, is that copyright has lost public support. There is no copyright deal between authors and the public.
All the suggestions I posted were concrete ways to start winning back public support.
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Re: Re: Requested Answer
The only time I have ever felt that piracy was at risk was when NetFlix was providing a successful good service. Once the vast majority of people are legal then piracy could be crushed like a tiny bug with few noticing or caring.
Then NetFlix did a large price increase then I remembered commercial services always aim for maximum profit. That leaves a large percentage who will always consider it too expensive and seek other options including piracy.
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Re: Re: Re: Requested Answer
Let me be clear: As long as the Sonny Bono Copyright Term Extension Act is in effect, I do not give one flying-fuck about overseas pirates.
Cancel that: I hope they rob Hollywood, the same way Hollywood has robbed the public.
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Re: Re: Re: Re: Requested Answer
Break the agreement again and we sue for ultimillion dollars(about the equivalent of Jammies fine in proportion to her income less expenses).
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Re: Re: Re: Re: Requested Answer
Some people would even not be happy until Copyright is completely abolished which is very unlikely to happen.
So this is not an answer to the Whitehouse's question. It may indeed move people away from piracy but that won't be many people.
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Re: Re: Re: Re: Re: Requested Answer
Well, you might be right. As long as there are RIAA lobbyist judges on the federal bench, deciding cases ‘in which their impartiality might reasonably be questioned’ then there's not going to be a whole lot of respect for copyright law.
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Re: Re: Re: Re: Re: Requested Answer
As good as the war on drugs?
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Good news travels fast but rarely lasts
I fear this whole thing has been a classic example of political theater meant to create an Overton Window http://en.wikipedia.org/wiki/Overton_window
That is to say the legislation was so overboard that when they come back to the table and "compromise" violating our rights and censoring our net will seem like they have done us a favor.
End of the day I am just pessimistic enough to see that people that propose things like SOPA never quit, they cannot. They must control and eventually they always win because they have no moral compass and no sense of decency and because they are always right and the ends always justify the means.
That said this is at least good news of a delay of the inevitable.
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SOPA/PIPA news
http://www.king5.com/news/technology/Cheezburger-founder-organizing-anti-SOPA-blackout-137326688 .html
http://www.komonews.com/news/local/Proposed--134294208.html?tab=video&c=y
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Hard to believe
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They're still trying to push copyright farther. They aren't saying "Hey, let's take a look at copyright thing as a whole and see if it still makes sense," they're saying, "Wah, wah, stealing american creativity and jobs, need more copyright laws/enforcement."
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-Edmund Burke
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[...]
Washington needs to hear your best ideas about how to clamp down on rogue websites and other criminals who make money off the creative efforts of American artists and rights holders.
How to eliminate 99% of piracy:
1. Provide better service than the pirates.
2. Watch profits go up.
3. Admit that Gabe Newell was right.
If I was running the MPAA and/or RIAA, I'd have something like Steam made for movies and/or music. Make stuff easy to find and buy, stream to any device you own at no additional cost, have sales all the time, weekend demos, etc.
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Overhaul copyright laws. Leave them to 15-20 years only - just like it was when they were created. Also allow everyone to remix any work, non-commercially. But if the work is hardly the same as the original, you should be able to use commercially, too, like if you only use different segments from different works. Why not? People already do it all the time on Youtube. That should not be illegal, and if you worked hard on it, you should be able to make money from it.
But the most important part, leave copyright to 15-20 years. The LIFE+70 years they get now is BEYOND RIDICULOUS.
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"So, rather than just look at how legislation can be stopped, ask yourself: Where do we go from here? Don’t limit your opinion to what’s the wrong thing to do, ask yourself what’s right. Already, many members of Congress are asking for public input around the issue. We are paying close attention to those opportunities, as well as to public input to the Administration. The organizer of this petition and a random sample of the signers will be invited to a conference call to discuss this issue further with Administration officials and soon after that, we will host an online event to get more input and answer your questions. Details on that will follow in the coming days.
Washington needs to hear your best ideas about how to clamp down on rogue websites and other criminals who make money off the creative efforts of American artists and rights holders. We should all be committed to working with all interested constituencies to develop new legal tools to protect global intellectual property rights without jeopardizing the openness of the Internet. Our hope is that you will bring enthusiasm and know-how to this important challenge.
Moving forward, we will continue to work with Congress on a bipartisan basis on legislation that provides new tools needed in the global fight against piracy and counterfeiting, while vigorously defending an open Internet based on the values of free expression, privacy, security and innovation. Again, thank you for taking the time to participate in this important process. We hope you’ll continue to be part of it."
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I agree piracy should be fought, like any other form of criminal activity. The best way to do this is for the business owners to revise their models to take into account the internet and the opportunities it presents. Look at Netflix and iTunes for examples. Providing a better service than the pirates, and providing content consumers feel is worth paying for will cost the pirates most of their business. Then legislate against the handful of people who pirate the content no matter what and those who do the actual pirating. However, if that legislation has negative effect on so much as ONE person who is not breaking the law, then the legislation has to go back to the drawing board.
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SOPA/PITA
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The good news is that maybe there's a major shake up here in Vermont and maybe we're getting through to Leahy that eating Gilfeather turnips isn't morally wrong. The bad news is that Pagano is undoubtedly on the wrong side of SOPA/PIPA.
For those who don't know, the developer of the Gilfeather turnip (popular in Vermont and developed here) cut the tops and bottoms of them before selling them so no one else could grow them. Sounds like digital rights management (DRM) for the 19th century to me.
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The thing is there is nothing to protect if they really wanted to protect anything they would have let the industry deal with itself the incumbents would go down and new ones would be born, they don't like destructive creation, well too bad, reality is all based on it, you can't escape that, the Sun will explode someday and a new one will be born elsewhere, the earth will end someday, people die, inventions are forgotten to be rediscovered latter again.
To protect some industry at the expense of democracy doesn't seem like a good deal for me at all.
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Where was W.H. on NDAA?
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Re: Where was W.H. on NDAA?
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This is the guy who was against retro-active immunity for the telcom companies while running, and then upheld it once in office. This is the guy who claimed he wanted a more open government, but more Freedom of Information requests have been denied under his presidency than any other. This is the guy who promised to veto the NDAA, and then happily signed it.
He lies like almost every other politician, saying whatever the people want to hear and then doing whatever he pleases.
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DOWN WITH BIG BROTHER!!
DOWN WITH BIG BROTHER!!
DOWN WITH BIG BROTHER!!
DOWN WITH BIG BROTHER!!
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THIS IS THE CASE EVEN WHEN A VENUE IS ONLY HOSTING NON BMI TALENT.
It's a disaster for local singer songwriters that venues are being intimidated this way, thus the music scene is dead here. We don't know how to fight this. Will repealing Sopa/pipa solve this problem? Does anyone know of a petition to repeal the Sonny Bono Act
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THIS IS THE CASE EVEN WHEN A VENUE IS ONLY HOSTING NON BMI TALENT.
It's a disaster for local singer songwriters that venues are being intimidated this way, thus the music scene is dead here. We don't know how to fight this. Will repealing Sopa/pipa solve this problem? Does anyone know of a petition to repeal the Sonny Bono Act?
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