Legislators undoubtedly think the way you do. "I don't see how it could possibly work." Cloning faced the same kinds of responses. Suddenly the technology is there and no one has thought about the implications. Surely it's better to do a little bit of thinking first?
Just because you (or I) can't imagine how something would be... or how things could easily get "real" enough for us to worry about it... doesn't mean that we shouldn't start thinking about how society should prepare.
So the consensus seems to be that the punishment is "not that bad" for someone who physically stole something (apparently the workprint was physically lifted -- although I think it was a digital copy and didn't deprive anyone of using the original) and had been caught doing the same thing before.
It is frightening to me to think that a man could sit in a federal prison for a year because someone in a corporation believes that there was harm done (or that a court ASSUMES there was harm done)... yet no harm can possibly be proven in this case. No lost sales can be demonstrated; in fact the opposite is true as Mike points out.
The "cost" of the actual thing he stole (let's say it was a USB stick or a DVD)... what would that be? $4.95? Maybe he should still be punished... but not like this.
I want to try to address this one just in case my own understanding is flawed.
There is NO SUGGESTION of copyright infringement in the subject post by Mike. He is merely pointing out that the NY Times happily participates in the new media ecosystems but their leadership notoriously complains about people (bloggers and others) taking the NYT original content and repurposing it to get profit. The situation is turned on its head in this case (and many other cases): NYT is repurposing and not crediting their sources. In other words, they continue to participate in the natural ecosystem and should probably think of this example when next complaining about the way "bloggers" operate.
Not available in my area of Canada, sadly. I was with a fantastic independent cable company... but they were bought out by Rogers several years ago and it has been nothing but a headache ever since.
If the RIAA ran a bricks and mortar store, they would have a glass wall, behind which they stocked music that was not for sale but could be acquired through licensing deals in other countries. This why Hilary can envision a store that both doesn't sell and has in stock something that you could steal.
She used "u" as a short form for "you". There was another short form in there that you may not have noticed: Think anal oh gee: analog. Because, oh gee, the RIAA likes when they have the customers bending over and taking it.
Taking a completely different angle from the author of the original post, where he has decided that the Internet is an inevitable technology, the linked article points out that copyright itself is not an inevitable or natural right -- far from it. If you start from that mindset, all of your points are invalidated.
Well, on the video side, any file from an "official source" would be so laden down with FBI warnings and trailers or advertising that you might find distinguishing them easier than you think.
"Decided"? Pandora and the other Internet music delivery services that we fell in love with here in Canada sounded very apologetic that they were "legally" not allowed to deliver services to Canada any longer.
That to me says that the "stations themselves" did not make the decision. However, it may have been a pre-existing contractual obligation which is still not the same as a third-party block. Whatever it was, I think it traces back to the content industries and their concepts of gatekeeping.
Neither of them want to address the question of how much music these people would buy if piracy was not an option.
They don't waste time with the hypothetical and the impossible. In what world will piracy not be an option? In the world envisioned by the *AAs and presaged by the PROTECT IP and SOPA proposals. In a world where the Internet is essentially shut down and all potential pirates are in jail.
Now... tell me how much music they will be buying at that point?
You're right. They are a commercial enterprise after all... and they profit from fraudsters making phone calls. They have an obligation to block illegal phone conversations at their expense. If that means listening in to every conversation and nipping crime in the bud, then so be it.
Oh and hotels. Hotels profit from all the prostitution that takes place in their buildings. They need to monitor all activity in every guest room and evict people who are engaged in any deviant activity.
I was somewhat disappointed that none of the questions touched on patent law reform. I really didn't like the way Wyden still referred to "intellectual property theft" as if that was a valid thing. The way copyright and patents get lumped together as "intellectual property" and then wielded as a big hammer against the citizenry... that seems to be a huge anchor on innovation. In my view, patent trolling and ridiculously long copyright terms are stifling innovation in a scary big way -- possibly more than the other issues Wyden explores.
I look at this hearing and I recall other hearings I've watched where I had far less knowledge about the subject. I wonder how often people get burned by the government for doing absolutely nothing wrong but being called to task for it by politicians with puppetmasters pulling their strings.
Musician versus manipulator. Very good point to ponder.
The way the remixers manipulate pitch and tempo. The way they add loops that they actually did create themselves. And the way that they "orchestrate" the multiplicity of elements. I think this blurs the line even more than your bright line statement suggests.
By the way, I really appreciate your civil and well-articulated responses. :-)
You also suggest that if he used Corey Smith or Amanda Marshall songs as source material, the result would somehow not appeal to deadmau5 fans. That sounds like an excellent challenge for deadmau5. I think DJ Steve Porter proves you can remix just about anything and make it appeal to your fans' sensibilities.
I'm sure I haven't convinced you, but I really believe that innovation comes in many forms. To write off "mad skillz" as being less than actual skill and mastery of an art form -- well that's a valid opinion, but it seems kind of narrow-minded to me.
I'm pretty sure there's some very strong innovation on both sides of your suggestion -- despite the best efforts of the record labels to kill it all. Of course it may not be statistically true, but anecdotes abound. Start with deadmau5 and check out the many artists on SuperNova, Soundcloud or other "seedling" sites.
Before the labels destroyed the opportunity in Canada, I loved Pandora because it offered a chance for me to discover new music that I was likely to enjoy. I liked it better than Garageband (the site not the app) because the music was pre-filtered for me. Obscure stuff that is nothing like my favorites might be hard to take, might be too challenging to the status quo. But Pandora proved to me that I could "discover" new music while enjoying a similar experience to my old favorites.
On the post: The Pirate Bay Introduces 'Physibles': Napster For Physical Objects
Re:
Just because you (or I) can't imagine how something would be... or how things could easily get "real" enough for us to worry about it... doesn't mean that we shouldn't start thinking about how society should prepare.
On the post: Hollywood Unions: Now That You Lying Hacking Thieves Have Won, Can We Set A New Conciliatory Tone?
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http://i.imgur.com/jL2Go.png
On the post: Libraries Are The Best Counter To Piracy... So Of Course Publishers Are Trying To Limit Them
Re: The value of free.
Because governments can be trusted to have the public interest always at heart and never slip into bed with the richest and slickest... oh wait.
On the post: Lamar Smith Out Of Touch With The Internet: Still Thinks It's Just Google That Opposes SOPA
Re: Re: Job Security
On the post: Guy Who Uploaded Early Version Of Wolverine, Which Appears Not To Have Hurt Movie At All, Gets 1 Year In Jail
Reddit Community Reaction
http://www.reddit.com/r/news/comments/njfhf/man_gets_a_year_in_jail_for_uploading_wolveri ne/
It is frightening to me to think that a man could sit in a federal prison for a year because someone in a corporation believes that there was harm done (or that a court ASSUMES there was harm done)... yet no harm can possibly be proven in this case. No lost sales can be demonstrated; in fact the opposite is true as Mike points out.
The "cost" of the actual thing he stole (let's say it was a USB stick or a DVD)... what would that be? $4.95? Maybe he should still be punished... but not like this.
On the post: When The NY Times Builds On Other's Work, I Guess That's Journalism [Updated]
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There is NO SUGGESTION of copyright infringement in the subject post by Mike. He is merely pointing out that the NY Times happily participates in the new media ecosystems but their leadership notoriously complains about people (bloggers and others) taking the NYT original content and repurposing it to get profit. The situation is turned on its head in this case (and many other cases): NYT is repurposing and not crediting their sources. In other words, they continue to participate in the natural ecosystem and should probably think of this example when next complaining about the way "bloggers" operate.
On the post: New Report Debunks The 'Bandwidth Hog' Myth
Re: My experiences
On the post: Ex-RIAA Boss Ignores All Criticisim Of SOPA/PIPA, Claims Any Complaints Are Trying To Justify Stealing
Try thinking like the RIAA
She used "u" as a short form for "you". There was another short form in there that you may not have noticed: Think anal oh gee: analog. Because, oh gee, the RIAA likes when they have the customers bending over and taking it.
On the post: Why All Filmmakers Should Speak Out Against SOPA
Re:
Taking a completely different angle from the author of the original post, where he has decided that the Internet is an inevitable technology, the linked article points out that copyright itself is not an inevitable or natural right -- far from it. If you start from that mindset, all of your points are invalidated.
On the post: OpenDNS Tells Congress Not To Create The Great Firewall Of America
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On the post: OpenDNS Tells Congress Not To Create The Great Firewall Of America
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That to me says that the "stations themselves" did not make the decision. However, it may have been a pre-existing contractual obligation which is still not the same as a third-party block. Whatever it was, I think it traces back to the content industries and their concepts of gatekeeping.
On the post: Entertainment Industry Gets Another Usenet Provider To Shut Down: Is Usenet Illegal?
Re: Re: Re: Re: Re: Re: Re:
They don't waste time with the hypothetical and the impossible. In what world will piracy not be an option? In the world envisioned by the *AAs and presaged by the PROTECT IP and SOPA proposals. In a world where the Internet is essentially shut down and all potential pirates are in jail.
Now... tell me how much music they will be buying at that point?
On the post: UK Court Upholds Its First Web Censorship Order: BT Has 14 Days To Block Access To Newzbin2 & Gets To Pay For The Privelege
Re:
Oh and hotels. Hotels profit from all the prostitution that takes place in their buildings. They need to monitor all activity in every guest room and evict people who are engaged in any deviant activity.
On the post: Wyden: PROTECT IP Act Is About Letting The Content Sector Attack The Innovation Sector
Patent Law
On the post: How Quickly We Forget: Google's Competitors Falsely Claim Google Dominates Because It Was 'First'
On the post: Getting Past Just 'Putting Radio On The Internet' - Killer Apps Come Next
Re: Re: Re: Re:
The way the remixers manipulate pitch and tempo. The way they add loops that they actually did create themselves. And the way that they "orchestrate" the multiplicity of elements. I think this blurs the line even more than your bright line statement suggests.
By the way, I really appreciate your civil and well-articulated responses. :-)
On the post: Getting Past Just 'Putting Radio On The Internet' - Killer Apps Come Next
http://www.techdirt.com/articles/20110622/13344514806/everything-is-remix-invention-editio n.shtml
You also suggest that if he used Corey Smith or Amanda Marshall songs as source material, the result would somehow not appeal to deadmau5 fans. That sounds like an excellent challenge for deadmau5. I think DJ Steve Porter proves you can remix just about anything and make it appeal to your fans' sensibilities.
I'm sure I haven't convinced you, but I really believe that innovation comes in many forms. To write off "mad skillz" as being less than actual skill and mastery of an art form -- well that's a valid opinion, but it seems kind of narrow-minded to me.
On the post: Getting Past Just 'Putting Radio On The Internet' - Killer Apps Come Next
Re: I'll be controversial
http://www.techdirt.com/blog/casestudies/articles/20110116/19084212693/case-study-how-to-h ave-fun-connecting-with-fans-like-superstar-dj.shtml
On the post: Getting Past Just 'Putting Radio On The Internet' - Killer Apps Come Next
Human Nature
On the post: Feds Raid Gibson; Musicians Now Worried The Gov't Will Take Their Guitars Away
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