Funniest/Most Insightful Comments Of The Week At Techdirt

from the it's-on-the-internet dept

Sun, Apr 1st 2012 12:00pm — Mike Masnick

Normally, there are a few comments each week that really are way apart from all the rest when the voting is done -- the "clear winners." This week, however, on the insightful side, looking through the top 10 list, they were actually all pretty closely clumped together. Winning by just a tiny margin was a comment from an Anonymous Coward, responding to the story of how ASCAP only pays out venue performance royalties to the top 200 acts, even though it's collected from all acts:

Ok if you are only going to pay the top 200 you should only be allowed to collect for the top 200. That's simple and fair.

Of course, there's a question of why the money is being taken out in the first place. Why not just leave it with the artists?

Coming in second was a comment from jupiterkansas responding to the post about how content creators have to recognize that they lose control of their work the second it is out in the world, and why that's a good thing:

There's a word for someone giving me new ideas. It's called learning. We're taught to copy from birth. It's how we are raised. It's in our genetic code.

Then at some point we're supposed to turn that off. Don't do what that other person is doing. That's stealing their ideas. Copying is bad. Anything you do must be wholly original and unlike anything that has ever existed before.

Why? Because someone is trying to make money doing that thing they just taught you how to do, and they're scared you'll do it better.

For editor's choice, we've got an Anonymous Poster, responding to someone on my post about the jailing of a guy in the UK for saying some obnoxious, racist crap on Twitter. The commenter insisted that this was fine because freedom of speech doesn't cover "abusive" speech. This anonymous poster felt otherwise, and made some good points. Speech can be offensive, but that doesn't mean it should be illegal:

Freedom of speech absolutely gives you the right to be abusive towards another person, you cocksucking gutterslut.

See what I did there? I abused you with words! Quick, call the UK cops and have me arrested! Somebody must think of your poor feelings before they're hurt!

In case you're not getting the point: free speech is not short for "consequence-free speech", but the consequences here far outweigh what was said. Racist speech may be offensive, but people do not deserve to be jailed over calling someone a "nigger" or a "spic". The only speech deserving of legal consequences are calls for violence or harm to another person and libel/slander.

As Mike pointed out, societal consequences already exist for "offensive" speech. Liam openly marked himself as a racist and a callous individual with his tweets; slapping him in cuffs and tossing him into a jail cell for two months for "offensive" speech isn't going to change him into a tolerant and loving person.

The right to free speech is meant to protect unpopular speech (including racist slurs); popular speech, by definition, doesn't require protection.

I think this is tough for people to get, because they don't recognize that there is punishment outside of the legal system for offensive speech. If you say something so offensive, there are significant social costs, as there should be. Piling jailtime on top of that doesn't help anyone, and certainly doesn't stop offensive thoughts or speech.

Finally, we have a comment from DannyB responding to someone whining about how we write too much about issues having to do with intellectual property, rather than "tech." DannyB did a nice job explaining how this site is really about the nature of disruption:

Um, hello? Welcome to the 21st century. Techdirt is all about how them darn intartubes are disrupting entitled business everywhere.

Shame on the common people thinking they can get together and use them intartubes to share information useful to them but harmful to the entrenched players. Real estate and car dealers hate it. Movie ratings boards hate it. Content gatekeepers hate it. Monopolies hate it. Dictators hate it. Censors hate it. Ticket scalpers hate it. Crooked politicians hate it, but I'm being redundant.

But who loves it? The people. The consumers. Artists who want to make good art, and hope they also make money. Creators who want to get their work out there -- not hold it back with "release windows". Anyone who wants to share the most obscure stuff of their life on YouTube like their opinions about how to knit sweaters.

On that last point, I refer to any small group that is not geographically concentrated but shares an obscure interest. You think the biggest weapons count -- just ask the Minbari who won.

Okay. Insightful is so the top half of this post. Now we're down to the funny section. While the insightful comments were all bunched up together, on the funny list one comment stood out far far far beyond all the rest (though the next nine were pretty closely lumped together). Amusingly, that winning comment, by Chosen Reject is actually responding to the same comment that DannyB was responding to directly above, except CR decided to respond satirically to the guy complaining that what we post about isn't what he's interested in:

I hear you on that one. I'm interested in geotechnical engineering, especially soil mechanics. When's the last time Mike Masnick discussed the problems of erosion or compaction? Never. Man this site is a joke. Change your domain to mikessatanicpirateworshipforgreatjustice.com.

techDIRT? I don't think so bub. Who are you kidding?

Also, I agree with you about movies. They should never be used for learning. I tried doing a course on udacity.com. B-O-R-I-N-G! Not a single good joke, character development took way too long, and there was no suspense whatsoever. Stupid voice over kept telling me what was coming up next.

Nicely done. Second place was a really really close vote, but edging out the silver medal was an Anonymous Coward explaining what the record labels want from Spotify:

They just want 120% of the revenue that Spotify makes from streaming their music. Now, that may sound like a lot, but anything under 100% would mean that Spotify is making money on content they don't own, and that's not fair to the artists. So a mere 20% on top of the money they already deserve isn't too much to ask, is it?

For editor's choice, I have to get a second shout out this week to Chosen Reject, who was responding to an anonymous critic on our recent post about Jonathon Coulton. This critic mocked the idea of the "free and open internet" because he insists no one has answered who is going to pay for it, and then went on a rant about how people won't really support musicians. This comment, of course, is especially funny given Coulton's success in answering exactly that question and getting tremendous support from his fans. CR, once again, went for satire in the response:

That is the question indeed. I mean, who is really paying Jonathan Coulton (if that's his real name) this half million dollars? The proloteriat? I think not! Those freetards only want free things. Is it the bourgeoisie? Heaven forbid! They might be patrons of the arts, but only for serious art, and Jonathan Coulton is certainly not in league with those gentlemen.

Serious artists are not for freedoms on the Internet. Did you ever hear Beethoven praise the Internet? Did Bach throw the recording industry under the proverbial Internet bus? In all of Shakespeare's writings did he ever mention the Internet? Indeed not. Shakespeare would have been a poor unknown had it not been for his staunch support for copyright laws. Bach and Beethoven would have never have been heard if it hadn't been for the recording contracts from the RIAA, which worked tirelessly to keep their songs from the Internet, and they were successful too.

I think Pliny the Elder said it best:
In comparing various authors with one another, I have discovered that some of the gravest and latest writers have transcribed, word for word, from former works, without making acknowledgment. And it's all this counfounded Internet's fault. (emphasis in original)
There is no long term sustainability in free. The Sun gives it's energy for free, and it's going to come crashing down in a mere 5 billion years. The earth was sustainably charging for oxygen way back in the day. Then the freetard prokaryotes started releasing free oxygen into the atmosphere. Now Earth is half way to total annihilation after only a few billion years.

Free is unsustainable. No one has ever given anything away for free and lived through the centuries to tell the tale.

And, finally, we've got Prisoner 201 correcting my error in posting about how the UK jailed some guy for being a jerk.

Guys, calm down.

He obviously was not put in jail for being a jerk. That would be ridiculous. The mere thought boggles the mind.

He was put in jail for being a jerk on the internet.

It all makes so much more sense now.

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30 Comments

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Anonymous Coward, 1 Apr 2012 @ 12:46pm

and now the UK is going down the road of spying on any type of internet messaging or mobile phone messaging/calls. mind you, only the time, date, sender/receiver information is going to be monitored and checked, not the content at all. if anyone believes that, i am a Duchman's aunt!! the UK a democracy? you must be fucking kidding me!! and all due to 'the special relationship' between the USA and the UK!
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Anonymous Coward, 1 Apr 2012 @ 1:40pm

The MPAA, RIAA and their members have just put out a press release apologizing for their years and years of abusive behavior, revolving door corruption, Hollywood accounting, exaggerated losses, and outright lies. They admit that their intent was never just to stop piracy but to stop all competition period and, to make up for it, they have decided to donate millions of dollars to the EFF, Public knowledge, and various charitable organizations.
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That Anonymous Coward (profile), 1 Apr 2012 @ 1:47pm

Re:
It gets better, unless it was an early April Fools, they are now willing to sell out their citizens to the US to be checked against the no fly list, yank them off planes on the US's say so, for flights not entering US airspace.
Oh and we need a list of everyone who goes to Cuba, Canada, and Mexico... DHS making sure the entire fucking world hates us so they can stay in business.

http://yro.slashdot.org/story/12/04/01/0020259/dhs-will-now-vet-uk-air-passengers-to-me xico-canada-cuba

Oh and they learned from the US how to avoid pesky warrants to trawl through communication data. Orwell would be... running for cover as his nightmare became reality.

http://yro.slashdot.org/story/12/04/01/1411238/british-government-to-grant-warrantless-t rawl-of-communications-data
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That Anonymous Coward (profile), 1 Apr 2012 @ 1:49pm

Re:
When the real headlines and stories read like articles from the Onion you REALLY need to try way harder for April Fools.
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Anonymous Coward, 1 Apr 2012 @ 2:15pm

Mixed Emotions.
This weeks list makes me both happy and sad. While I am happy that one of my comments (the ASCAP one in which I was merely stating the bleeding obvious) finally made the list, I am saddened that a far more insightful comment than mine on what was in my opinion by far the most important article of the week didn't even get a mention. Of course I am referring to BentFranklin's comment on the story about Maya where he masterfully demonstrated the injustice this little girl faces in the name of corporate greed. This was far more deserving than me of the honor.
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Anonymous Coward, 1 Apr 2012 @ 3:06pm

Re: Re:
It's still funny though.
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Anonymous Coward, 1 Apr 2012 @ 4:57pm

I must've missed that Spotify article.

I love Spotify and it is the future of music consumption, but they do indeed need to pay more per play.

If the labels are arguing for a higher royalty, that means indie artists and those that self-release will also make a higher royalty.

I fail to see the problem there.
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Anonymous Coward, 1 Apr 2012 @ 5:22pm

"I think this is tough for people to get, because they don't recognize that there is punishment outside of the legal system for offensive speech. If you say something so offensive, there are significant social costs, as there should be. Piling jailtime on top of that doesn't help anyone, and certainly doesn't stop offensive thoughts or speech."

Sadly, the social costs apparently are nowhere near enough to stop this sort of thing, and if anything, appears to egg these people on to say more and more outrageous things. At some point, the social network system just can't handle it, and the law has to take over.

The internet web thing can't fix everything. Marcus is still a talentless schmuck.
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Lawrence D'Oliveiro, 1 Apr 2012 @ 5:22pm

Re: If the labels are arguing for a higher royalty, that means indie artists and those that self-release will also make a higher royalty.
Oh, the irony.
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Leigh Beadon (profile), 1 Apr 2012 @ 5:38pm

Re:
Yawn. Your insults feel increasingly obligatory. What's the matter, getting bored?
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Anonymous Coward, 1 Apr 2012 @ 5:49pm

Re:
but yet prison does stop people from being jerks? in what reality?
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Anonymous Coward, 1 Apr 2012 @ 6:12pm

Re:
Yes yes, we get it, Marcus won't put out and you're getting desperate.
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BentFranklin (profile), 1 Apr 2012 @ 7:30pm

Re: Mixed Emotions.
Thanks dude! Very kind of you. I accept your kudos in lieu of the actual "award."
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Capitalist Lion Tamer (profile), 1 Apr 2012 @ 7:31pm

Re:
Is this another one of your "too much free speech" comments? Because if people saying unpleasant things is that much of a problem for you, maybe you should gather your superiority and your I H8 MARCUS babydoll shirts and move to one of those countries where every tweet, blog post and comment is vetted for your protection.

Of course, this means your free speech might be curtailed as well, but it's a small price to pay to remain unoffended. Your burning hate for Marcus may have to go, as you'll probably find yourself spending a fair bit of time at the Ministry of Love learning how to comport yourself in public.
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Anonymous Coward, 1 Apr 2012 @ 7:59pm

Re:
By your own logic, you should go to jail.
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Anonymous Coward, 1 Apr 2012 @ 8:01pm

Re: Re:
Free speech is only bad when others exercise it, when he exercises it by engaging in anonymous name calling against those who aren't anonymous, it's OK.
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Anonymous Coward, 1 Apr 2012 @ 8:02pm

Re:
"appears to egg these people on to say more and more outrageous things."

Like yourself, apparently. You and all IP extremists say outrageous things, and what's worse is that bought politicians listen. If IP extremists can get jail time for their exaggerated lies about huge losses, maybe then we can stop their stupid nonsense.
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DodgyBob, 1 Apr 2012 @ 8:12pm

Actually, ...
... the Minbari *did* win. They didn't win against the humans because the Minbari stopped fighting when they discovered the "secret". But, if the war had gone on, seven seconds longer, the humans would have pretty well checked out. The Minbari did win (along with all the younger races) against the true enemy.
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Anonymous Coward, 1 Apr 2012 @ 8:29pm

Re: Re: If the labels are arguing for a higher royalty, that means indie artists and those that self-release will also make a higher royalty.
Are you arguing that musicians shouldn't make more in royalties?
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David Muir (profile), 1 Apr 2012 @ 8:53pm

"Common people... share information useful to them but harmful to the entrenched players."

I believe Techdirt has a very strong purpose in HELPING the entrenched players figure out new business models. As we've seen... the middleman has a place but as an ENABLER not as a gatekeeper. Techdirt is like a warning beacon for these players... those that fail to heed it will end up smashed on the rocks. But those that see how to BENEFIT from the disruption will come out ahead.
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Josef Anvil (profile), 2 Apr 2012 @ 12:34am

Re:
"Sadly, the social costs apparently are nowhere near enough to stop this sort of thing, and if anything, appears to egg these people on to say more and more outrageous things. At some point, the social network system just can't handle it, and the law has to take over."

Seriously?????

Are you fucking kidding me???? Instead of attacking Marcus, if you really mean what you said then you should check out kkk.com. The largest TERRORIST organization in the US is allowed to exist "peacefully" in the real world and online. Shouldn't the law be doing something?

But..but..but.. Freedom of speech

But...but.. but.. The fuckin' Patriot Act. BAM! Stop the terrorists.
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Beech, 2 Apr 2012 @ 1:10am

"Are you arguing that musicians shouldn't make more in royalties?"

You must be new here.
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That Anonymous Coward (profile), 2 Apr 2012 @ 3:39am

Re:
I think what you meant to say was the gatekeepers, who are adding very little to the equation, need to stop taking a lions share of the payments that are for the artists.
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That Anonymous Coward (profile), 2 Apr 2012 @ 3:44am

Re: Re: Re:
No a story about Dodd and Sherman found dead in a cheap no tell motel under "questionable" circumstances (the donkey isn't talking yet), and documents revealing it was a well orchestrated scam on the labels and the people. The entire point of the **AA's was to just keep feeding fear to both sides while reaping bigger paychecks by getting them to escalate. You know... the TSA model.
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Anonymous Coward, 2 Apr 2012 @ 4:09am

Re: Re: Mixed Emotions.
Your post was truly brilliant.
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Anonymous Coward, 2 Apr 2012 @ 4:23am

Re: Re: Mixed Emotions.
And as a side note, your comment was a perfect example of what I was talking about in my comment on the article about Kevin Smith concerning the concept of "Less is More".
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Anonymous Coward, 2 Apr 2012 @ 4:44am

Re:
I guess you don't see the irony in discussing offensive speech (of which insulting someone like I don't know say Marcus on a regular basis would fall under) and how the law needs to step in to stop and what you do on a regular basis (insult Marcus anonymously like a real coward).

Also, well... I believe I'll let Marcus himself respond to your "talentless schmuck" comment. As he's said before:

"I'd like to clear this up once and for all: my opinions on music, creativity and the industry have nothing to do with my own music hobby.

Yes, I occasionally make some music for fun. I have zero intention or hope of it making me money or gaining me a bunch of recognition. That's not what I do it for (and I'm well aware that the music I make has extremely limited appeal, and is pretty amateurish in a lot of ways). It's a hobby, and it's fun. That's all.

I don't identify myself as "a rapper" or as "a musician" or even as "an amateur musician". I'm a writer/designer/developer/marketer by trade, who just happens to record a tune here and there for my own satisfaction and that of the few who give a shit.

If you're evaluating my opinions based on me as a musician, you're doing it wrong. My opinions come from being a lifelong consumer of music, and someone who has been paying close attention to the development of music and related business models in the digital age."

He's not even willing to call himself an amateur musician and he does what he does for fun, as a side thing when he's not doing actual work. What have you ever done, creatively? Besides act like a moron and a d*ck, of which you are truly a master.

It's easy to judge others when you can't do something yourself. And as far as we can see, you haven't done a single thing... besides hurl insults (and you're not even that good at that).
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Anonymous Coward, 2 Apr 2012 @ 5:07am

Re: Actually, ...
Is this a Babylon 5 comment?
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Anonymous Coward, 2 Apr 2012 @ 5:09am

Re: Re: Re: If the labels are arguing for a higher royalty, that means indie artists and those that self-release will also make a higher royalty.
If he is not I am, royalties should end.
People should get paid for work they do not for what they think they deserve.

But not only for artists for scientists, inventors and pretty much anyone who believes that a granted monopoly is acceptable in the 21th century.
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Ninja (profile), 2 Apr 2012 @ 6:33am

Re: Re:
Actually I think he's mad that Marcus won't give him a private performance of his outstanding musical talents. Can't you see it's just unfulfilled love?
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