Derek Bredensteiner (profile), 12 Feb 2010 @ 9:00am
It's the blame game
In any case (free software with paid support, paid software with paid support, or free software with no support) there is some risk involved in shit will go wrong and your own companies hands are going to have to get dirty to fix it. Now, these are the questions that it seems the CIO asks in regards to risk assessment:
Can I pass the blame to someone else?
What is that someone else's reputation
Whereas one would assume the smart questions are:
What is the risk with each of my options? Can I quantify that?
Is the support that is available valuable or useful in any way?
Does my company have people with the expertise to solve problems with option X already?
Derek Bredensteiner (profile), 9 Feb 2010 @ 12:40pm
Re: Re: Re: only 1 song in the world?
Seriously, you have no problem with restricting speech in this manner? We can argue about fair use of clips and recordings another time. Right now, we're talking about a guy singing 4 words. Do you truly feel that's sane to attempt to restrict and require a license for?
It's all just ridiculous since people aren't going to watch the Comedy Central show instead of purchasing "We Are The World" and people aren't going to watch the Comedy Central show because the title for "We Are The World" was sung a bit. Its use is not infringing on anyone's ability to make money off of "We Are the World", nobody is profiting off of someone else's work, and it just shows how copyright strangles our shared culture.
Derek Bredensteiner (profile), 4 Feb 2010 @ 2:42pm
Re: Loss Leader
Let me make sure I understand this situation.
Wal-Mart and Target sell plastic discs that cost pennies to make for 25 bucks a piece at a loss. And now someone wants to pay them full retail prices and buy more of these plastic discs, so the obvious choice is to just not sell it to them.
Redbox has shown that there is a larger market for entertainment that can be met with increased convenience. So MPAA members, rather than taking any steps to realistically compete with that or taking any steps to embrace that and make money from it, let's just try and kill it. Brilliant.
Derek Bredensteiner (profile), 3 Feb 2010 @ 12:32pm
Re: Re: We, the People
So ACTA is the law that forces us to use a thousand men with teaspoons to dig our foundations and we should shutup about it because that's just how it is and those thousand guys need a job?
Sam, let me tell you how it is. Fuck all. There isn't any how it is except what we make of it. Technological change has already happened, and the rules of the game have changed along with it. This insane obsession with backpedaling isn't doing anyone any good. I have no illusions about stopping people from eating shit, but I'm sure as hell going to tell them that's shit they're eating over there.
But don't be confused, the message here is not one of despair. The message here is stop eating shit and look at all these wonderful new possibilities. Change is inevitable. It may be scary and frightening when it's no longer possible to make money this one way that's worked for a few years, but that's no reason to ignore the multitude of new opportunities that abound.
I'll agree with you that efficiency is not the only factor at play, clearly, as we are where we are today. But why would that then lead you to argue for the destruction of efficiency for the sake of preserving a status quo? Are you so entrenched in that status quo that you see no way out for yourself? Why should we take steps backwards because it's more palatable to a minority?
To be clear here, I see ACTA (specifically any provisions that seek to punish the accused or place a burden on an service provider for their users actions) as a very large step backwards and one that deserves more attention than it's already getting.
Derek Bredensteiner (profile), 3 Feb 2010 @ 10:40am
Mostly / Exclusively
“misperception that this agreement will focus mostly or exclusively on copyright infringement in the digital environment”.
It doesn't matter if it's mostly / exclusively or a paragraph shoved in the middle somewhere. Who cares if the focus is elsewhere? That's what they're denying, the focus? This is the most damning response yet. "Well, I'm not going to say the copyright stuff isn't in there, but we're not really focusing on that, so don't worry about it".
That's plagiarism right? To stretch it further (and back to relevance in embedding), would placing an embedded image on your site as if it's your content, without attribution, be plagiarism?
Derek Bredensteiner (profile), 29 Jan 2010 @ 12:42pm
Re: Re: Re:
I'll give TAM the benefit of the doubt here (gasp) and assume he meant "got it right" in the sense of what TAM believes the law should be.
My largest concern with his arguments is not the disregard for U.S. copyright statute, nor the lack of understanding of the technical workings of such things, but in consistently misappropriating responsibility. I mean, he seems to understand some of the technical aspects, but then ignores them when placing responsibility. Specifically in embedding; if I embed an image from somewhere else, I have 0 control over the content of that image. That somewhere else has control over it. I think we agree up this point, so why is it my responsibility for the content of that frame/image/whatever?
I'll attempt an analogy. Let's say I have a building that I own, and there's a large mural behind my building. If I put up large glass windows in my building so that people walking in front of it can see the mural behind, have I infringed on that mural artist's copyright?
Derek Bredensteiner (profile), 29 Jan 2010 @ 9:34am
Re: Seppuku performed in public.
"I really really really wish I could explain it to the suits in some buisness speak that they will listen to. No argument I've come up with has ever really sunk into their thick skulls."
Not that I've got any experience dealing with your sort of suit there, but generally speaking I've found arguments centered around the benefits of taking advantage of online distribution and the reduced costs of not wasting money on DRM have the greatest appeal with truly business savvy folks. Of course the greatest hurdle to overcome is still a stubborn mindset of "piracy=bad", but if there's any place you can truly demonstrate with any sort of evidence saving money and increasing sales, even a half-wit suit will give you the time of day to hear you out before saying no.
Derek Bredensteiner (profile), 27 Jan 2010 @ 3:59pm
Re: fair use
"how is a company to know what is fair use when it's such an elusive thing to pin down and they have these massive bot nets scanning the net for any use of their media?"
This is one of the best arguments against 3 strikes laws, ACTA, and pretty much any attempt at enforcing copyright in an open communications medium such as the internet.
Authorized use and fair use, how is anyone (ISP or hosting provider or internet user or content holder) to know which it is?
Derek Bredensteiner (profile), 26 Jan 2010 @ 12:17pm
Re: Belonging
2. Providing online social networks so people can get to know each other offline and then perhaps connect up at shows.
There's some barriers to overcome there. In order for an actual connection to happen, a few things are helpful:
Common Interest - which is handled quite well with the common music interest there
Comfort with the process - some random website, even with the best UI ever, doesn't have the same comfort level and secure feeling that something like facebook provides
Appearance of options - If there's only 2 people on the social network, then it has a much lower chance of growing than if it at least appears like there's a large group interested in this social experience. It's a chicken and egg problem that has to be overcome.
Easy flow - The entire process; from finding the network, to identifying a group or individual to connect with, to communicating with that group or individual, to actually meeting with that group or individual. It has to be easy, it has to be simple, and some structure/guidance is needed or it just won't happen.
There are a lot of ways to attempt this, from custom application for connecting on a band's web site (lacks comfort / options), to a myspace or facebook group/page (lacks flow / structure).
Derek Bredensteiner (profile), 26 Jan 2010 @ 9:00am
Re: Digging
That's much better! Seriously, not only can I actually get to that one but it's lost the "science majors only need apply" tone and the "designed in 1999" feel.
Derek Bredensteiner (profile), 25 Jan 2010 @ 9:36am
Re: Sadly, Silverman appears to have a good point...
The cool thing is you (or any particular individual) don't have to "scour the internet" so to speak for the internet to work in exposing new things. If the artist has done it right™ then it only takes one person finding it and sharing it to get the ball rolling. If it's easy for a friend to share it on facebook or to send you a link to an mp3 or to share it via new music aggregation service _____, then it can be exposed and travel the internet with relative ease (also assuming anyone has any interest in it). The internet isn't just a giant directory of unindexed content, it's a giant communications platform, and there's a lot of ways for information to be sent back and forth and sideways and every which way throughout it.
Derek Bredensteiner (profile), 12 Jan 2010 @ 1:37pm
Re: Failure
I think there's some truth to what you're saying there. I believe the failure is one of perspective. In many cases, IT is treated like a black box that you put requirements and money into, and get a product or hardware out of. In this scenario, there's little understanding on IT's part of what the business's real needs are (so that as an expert, they can provide a solution), and there's little understanding on the business side of how IT works.
The only place I've personally seen "IT" be the most successful is when it's either a core part of a larger department (such as a team of developers assigned to a department), or the core of the company itself (such as a software company).
In any case, I don't think the current paradigm of big-ass IT department that provides service X to the entire company is necessarily the most efficient or practical one. For IT to be successful, it has not only serve the requests of the business, but understand and provide solutions for their unstated needs. This is increasingly difficult as the size of the departments increase, and the size of communication channels between them decrease (in the name of efficiency of course).
Derek Bredensteiner (profile), 12 Jan 2010 @ 10:18am
Re:
Is your implication that there's no support for the assertion that "younger folk don't respect copyright" in either of those examples (1. The slashdot essay, 2. This panel) aside from each other? Isn't that what you mean by bootstrapping, supporting a false assertion with examples dependent on each other? Or do you just mean anytime Mike references a previous article?
Are you under the impression that generations growing up with the internet do have a great respect for intellectual property?
Derek Bredensteiner (profile), 12 Jan 2010 @ 10:02am
Re: Re:
Even if it is a futile effort, some people will get caught in the cross-hairs. Maybe not to you, maybe not to me, but harm will be done.
And, if they actually succeed in increasing secondary liability, there's very real and obvious harm that will be done to the progress of software development. "Hey bob, you sure you want to write that, it might be used for infringement." That's really the scariest part to me.
Some of it's generated by a small group (or even 1 person), some by many. Some self starters, some obviously still tied very closely to old media. But regardless all available for free online with new content on a very regular basis.
I'm amazed at the depth and variety of our increasingly connected culture, and I'm excited for what the future holds if we encourage this sort of thing. It's disheartening that so many are closed off to even consider the opportunities and beauty that is there. There's too much crap and it's just impossible to find anything good in there is a very defeatist attitude.
On the post: CIOs Jumping On The Free Software Bandwagon
It's the blame game
Whereas one would assume the smart questions are:
On the post: Bollywood Movie Released On YouTube Same Day As Theatrical Release
Re: Re: Re: Re: Movie Windowing
On the post: Comedian Has To Retell Joke 2nd Time, Because Viacom Couldn't Have Him Sing Four Words: 'We Are The World'
Re: Re: Re: only 1 song in the world?
It's all just ridiculous since people aren't going to watch the Comedy Central show instead of purchasing "We Are The World" and people aren't going to watch the Comedy Central show because the title for "We Are The World" was sung a bit. Its use is not infringing on anyone's ability to make money off of "We Are the World", nobody is profiting off of someone else's work, and it just shows how copyright strangles our shared culture.
On the post: Wal-Mart, Target Trying To Block Redbox From Purchasing DVDs?
Re: Loss Leader
Wal-Mart and Target sell plastic discs that cost pennies to make for 25 bucks a piece at a loss. And now someone wants to pay them full retail prices and buy more of these plastic discs, so the obvious choice is to just not sell it to them.
Redbox has shown that there is a larger market for entertainment that can be met with increased convenience. So MPAA members, rather than taking any steps to realistically compete with that or taking any steps to embrace that and make money from it, let's just try and kill it. Brilliant.
On the post: USTR: A Lot Of Misperception Over ACTA, But We Won't Clear It Up Or Anything
Re: Re: We, the People
Sam, let me tell you how it is. Fuck all. There isn't any how it is except what we make of it. Technological change has already happened, and the rules of the game have changed along with it. This insane obsession with backpedaling isn't doing anyone any good. I have no illusions about stopping people from eating shit, but I'm sure as hell going to tell them that's shit they're eating over there.
But don't be confused, the message here is not one of despair. The message here is stop eating shit and look at all these wonderful new possibilities. Change is inevitable. It may be scary and frightening when it's no longer possible to make money this one way that's worked for a few years, but that's no reason to ignore the multitude of new opportunities that abound.
I'll agree with you that efficiency is not the only factor at play, clearly, as we are where we are today. But why would that then lead you to argue for the destruction of efficiency for the sake of preserving a status quo? Are you so entrenched in that status quo that you see no way out for yourself? Why should we take steps backwards because it's more palatable to a minority?
To be clear here, I see ACTA (specifically any provisions that seek to punish the accused or place a burden on an service provider for their users actions) as a very large step backwards and one that deserves more attention than it's already getting.
On the post: USTR: A Lot Of Misperception Over ACTA, But We Won't Clear It Up Or Anything
Mostly / Exclusively
It doesn't matter if it's mostly / exclusively or a paragraph shoved in the middle somewhere. Who cares if the focus is elsewhere? That's what they're denying, the focus? This is the most damning response yet. "Well, I'm not going to say the copyright stuff isn't in there, but we're not really focusing on that, so don't worry about it".
Seriously?
On the post: Dutch Judges Plagiarize, Potentially Infringe, Blog Post In Decision About Copyright
Re: Re: Re:
I created this image. I made it in Photoshop.
That's plagiarism right? To stretch it further (and back to relevance in embedding), would placing an embedded image on your site as if it's your content, without attribution, be plagiarism?
On the post: Dutch Judges Plagiarize, Potentially Infringe, Blog Post In Decision About Copyright
Re: Re: Re:
My largest concern with his arguments is not the disregard for U.S. copyright statute, nor the lack of understanding of the technical workings of such things, but in consistently misappropriating responsibility. I mean, he seems to understand some of the technical aspects, but then ignores them when placing responsibility. Specifically in embedding; if I embed an image from somewhere else, I have 0 control over the content of that image. That somewhere else has control over it. I think we agree up this point, so why is it my responsibility for the content of that frame/image/whatever?
I'll attempt an analogy. Let's say I have a building that I own, and there's a large mural behind my building. If I put up large glass windows in my building so that people walking in front of it can see the mural behind, have I infringed on that mural artist's copyright?
On the post: Ubisoft's New DRM: Must Be Online To Play
Re: Seppuku performed in public.
Not that I've got any experience dealing with your sort of suit there, but generally speaking I've found arguments centered around the benefits of taking advantage of online distribution and the reduced costs of not wasting money on DRM have the greatest appeal with truly business savvy folks. Of course the greatest hurdle to overcome is still a stubborn mindset of "piracy=bad", but if there's any place you can truly demonstrate with any sort of evidence saving money and increasing sales, even a half-wit suit will give you the time of day to hear you out before saying no.
On the post: Should Copyright Holders Pay For Bogus DMCA Takedowns?
Re: fair use
This is one of the best arguments against 3 strikes laws, ACTA, and pretty much any attempt at enforcing copyright in an open communications medium such as the internet.
Authorized use and fair use, how is anyone (ISP or hosting provider or internet user or content holder) to know which it is?
On the post: Ten Good Reasons To Buy
Re: Belonging
There's some barriers to overcome there. In order for an actual connection to happen, a few things are helpful:
There are a lot of ways to attempt this, from custom application for connecting on a band's web site (lacks comfort / options), to a myspace or facebook group/page (lacks flow / structure).
On the post: We Think Open Access To Research Is Important... But The Reasons Why Are Behind This Paywall
Re: They seem to have gotten a wake-up call
On the post: We Think Open Access To Research Is Important... But The Reasons Why Are Behind This Paywall
Re: Digging
On the post: Finding The Long Tail In Music
Re: Sadly, Silverman appears to have a good point...
On the post: Nina Paley vs. Jaron Lanier
Re: Artificial scarcity DOES make people pay!
On the post: Are IT Failures Costing $6.2 Trillion Per Year?
Re: Failure
The only place I've personally seen "IT" be the most successful is when it's either a core part of a larger department (such as a team of developers assigned to a department), or the core of the company itself (such as a software company).
In any case, I don't think the current paradigm of big-ass IT department that provides service X to the entire company is necessarily the most efficient or practical one. For IT to be successful, it has not only serve the requests of the business, but understand and provide solutions for their unstated needs. This is increasingly difficult as the size of the departments increase, and the size of communication channels between them decrease (in the name of efficiency of course).
On the post: Fair Use And Films: Does Running Everything By The Lawyers Really Improve Your Film?
Re:
Are you under the impression that generations growing up with the internet do have a great respect for intellectual property?
On the post: Reading Between The Still Secret Lines Of The ACTA Negotiations
Re: Re:
And, if they actually succeed in increasing secondary liability, there's very real and obvious harm that will be done to the progress of software development. "Hey bob, you sure you want to write that, it might be used for infringement." That's really the scariest part to me.
On the post: Can The US Continue To Innovate At A Necessary Rate Without Causing Complete Social Upheaval?
Re: Re: Re: Re: Re: Re: Re: Innovation is not the answer
On the post: Can The US Continue To Innovate At A Necessary Rate Without Causing Complete Social Upheaval?
Re: Re: Re: Re: Innovation is not the answer
XKCD - Penny Arcade - The Daily Show - Adult Swim - Strong Bad - Drudge Report - Banksy
Some of it's generated by a small group (or even 1 person), some by many. Some self starters, some obviously still tied very closely to old media. But regardless all available for free online with new content on a very regular basis.
I'm amazed at the depth and variety of our increasingly connected culture, and I'm excited for what the future holds if we encourage this sort of thing. It's disheartening that so many are closed off to even consider the opportunities and beauty that is there. There's too much crap and it's just impossible to find anything good in there is a very defeatist attitude.
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