...Thirdly, I know of no legal regime that gives inanimate objects rights. People have rights; websites do not.
Strawman much? Nice attempt at deflecting the thread, but you are missing the most important part of what many websites are: places for people to interact and participate in their First Amendment right of FREE SPEECH. While the actual code and design of the site is inanimate, the site member's speech is guaranteed by the Constitution. Whether you are capable of making this connection may be dependent on who is cutting your salary checks, but for the majority of Americans, their right to FREE SPEECH is sacrosanct.
And part the most important part of DUE PROCESS is the right of every American citizen to confront their accusers is a court of law with the second most important part being the presumption of innocence prior to an adversarial process in the courts.
While it is true that in cases of violent crime, a suspect may be arrested and detained prior to trial, it is also true that this is a compromise that is included in deference to continued public safety - not as some standard way to deal with violent crime in general. This is an important distinction you ignore completely.
Copyright infringement IS NOT violent crime and no one in the public is threatened by it which means that the above compromise does not apply - period.
Someantimalwareguy (profile), 28 Nov 2011 @ 1:56pm
Re: Re: Re: Nah, Mike, you're brushing aside the problem of infringement,
My synopsis omits nothing: his example is stark once some litter is removed. He's already pulled the trick necessary to be "right". Just read down to where he mentions and dismisses "sunk (or fixed) costs". -- STOP right there and ask how those could possibly be ignored... Only answer Mike gives is because he /says/ so. [When pressed by me later (in next link), Mike tries the line that "sunk (or fixed) costs" don't matter for /pricing/, but that's merely /continuing/ to claim having a (wanted and already promoted) movie in hand for only distribution costs.]
The most important curve is actually the Average Variable Cost when determining the absolute minimum price in which a producer would be willing to sell their product or service.
Fixed costs play into Total costs, but are those things that cannot be avoided. Ex: if you have a factory, your fixed costs may include insurance, labor, materials, utilities, etc. So they are important as far as total costs and where the Average Variable Cost determines the minimum price. Marginal costs actually include things like expected or required profits.
The theory can get eye bleeding at times, but the gist is that Mike is correct in a general way regarding fixed costs as they are the costs that cannot be avoided in the manufacturing and engineering process. If you are going to make "X", then you are going to have to pay (at a minimum (A, B, C, etc). These costs are and should be factored into the final price, but also note that as a company losses monopoly rents with the advent of competition, the price tends towards marginal cost. this does not mean that it will reach marginal cost, but will tend there as a consequence of market forces.
Once the price drops below marginal cost for any of the players in the industry, it is expected that they will fail and thus leave said industry leaving fewer competitors who are able to compete at that price break or introduce productivity gains that allow them to make more than their marginal cost which is then translated into higher profits.
The kiker here though is that once the others in the industry make the same or similar changes, it opens up room in the game to more companies who see that they can makle a reasonable profit which is part of marginal cost calculations and the whole thing starts over again - in a perfectly competitive market.
Someantimalwareguy (profile), 28 Nov 2011 @ 12:40pm
Re:
However, imagine a world in which 3D printing evolves to the point that it's home-use becomes ubiquitous...
It will only be a matter of time before this becomes a reality as people begin realizing that the global ponzi scheme is going to eventually leave them in a bad position (if they are not there already). As politics are local, so shall consumer fulfillment/manufacturing in the future and "sales" will simply be for design schematics/code to reproduce when required or needed.
...In fact, I will guarantee that this will be the next industry-upsetting technology in the very near future. What then? What business model will the producers of all physical goods adapt once I can print my own NFL jerseys at home that are identical to the ones I can buy from a licensed NFL reseller? ...
And think of the savings in fuel, materials, labor, and shipping if this were to become possible. We are already headed in that direction so why not get on the bus and put your business models together now?
Life is change - get with it or get out of the way before you get run over...
Someantimalwareguy (profile), 22 Nov 2011 @ 5:01pm
Re: Re: Re: Re: Re: Re: Jack Daniels Explains The Deficit
Industrial Military complex - Karl Marx turn of phrase...No Dogma needed, much about a person can be learned by the turns of phrase they use
Hmm, it is interesting that you would equate a term used by President Eisenhower as something related to Marxism. My how far to the right we appear to have strayed...
37% of the total budget was social welfare... and growing the Obamacare hasn't even started yet.. Source see above post
Yet we didn't and don't need to borrow to sustain a system that is in the black well through 2025. Are you suggesting the 22+% we spend ( and have to borrow to support) on defense, war, and material is a better use of our tax dollars?
OK ill go to the Clinton Tax Level if you go back to the Gingrich Spending levels (adjusted it would put us 200 Billion in the black) - Suggested by Alan Greenspan (http://www.americanthinker.com/2011/04/would_you_accept_clinton_tax_r.html)
Ah, invocation of Greenspan. After he left office and witnessed how his theories and actions helped lead to the melt-down in 2008, he simply said he was wrong. What a wonderful example of unintended consequences and how badly the Republicans with the Democrat's assistance mucked up the economy. Please do a little deeper research as it will expand your mind and world view...
I didnt say Flat Tax I said Fair Tax which are very different, 1 is a system like the present, the other (Fair Tax) is a consumption tax, so the billionare that buys a fancy car or plan will pay much higher taxes than a janitor (that is refunded for any purchase necessary for life, food, drugs, and the like). (Fairtax.org)
Consumption tax sounds so similar to the European VAT tax. Regardless, a consumption based tax falls disproportionately on those with the least ability to pay said taxes and only works to reduce overall consumption. Well, if people cut back on consumption they buy less goods and services which in turn leads to downsizing because of a significant drop in demand (translation: people start loosing jobs when they get layed off because people are buying less of what they make).
Someantimalwareguy (profile), 22 Nov 2011 @ 9:57am
Re: Re: Re: Re: Jack Daniels Explains The Deficit
nice socialist turns of phrase...
It is telling that you would use the word "Socialist" as some type of negative attack. While I am not a Socialist, I am sympathetic to many of their views as I am of a number of Libertarian and yes, Conservative ideas as well. This makes me a normal American in my POV and not some ideologue who can't stretch his thinking beyond talking points to encompass ideas based on merit and necessity rather than dogma.
How about we cut Medicare/Medicade/SS they are the 3 biggest drains to the treasury while we are at it...
While Medicare will be solvent for at least the next 35 years, we need to continuously borrow money to support the Industrial Military complex and the wars we keep getting into because some politicians think we are the world's police force. It is not social welfare, but rather corporate welfare that is killing us slowly...
so i guess taxes is the only way? Hmmm even though its been historically show Government revenues actually decrease with tax hikes.....
LOL, and how do you explain the prosperity and growth under Clinton in the 90's when tax rates were at a much higher level and the decline in both growth and prosperity under Bush II? Me thinks you may need to go back and study that chapter more closely...
Definition of fair is everyone pays the same.. not some pay more and others pay nothing... and as a "collective" how can you not agree? Everyone pays the same...
The flat tax is a scam to reduce the tax rate for the top 1% while increasing the taxes for everyone else. Couple that with the fact that as a total of income a Janitor might have to greatly sacrifice and go without while that multinational CEO would not have his/her life effected at all.
I don't think that word means what you think it means...
Someantimalwareguy (profile), 22 Nov 2011 @ 7:54am
Re: Re: Jack Daniels Explains The Deficit
Closing the gap between revenues and outlays requires raising tax levels and reducing the military budget significantly; closing the gap on the debt requires sustained surpluses that are then used to pay down the principle over an extended period of time (perhaps decades). All of this can be done without having to go the British route. True, it will be hard and in the short term there is going to be a great deal of pain which is why maintaining social services and safety nets will be even more important than they already are...
I just don't see Congress (now or in the future) ever having a backbone stiff enough to do what is required here unless/until the criteria that makes YOUR Congressmen/woman the best thing since buttered bread because they bring home the bacon shown to be the con game it has always been at the expense of everyone else.
In other words, we will not get out of this crisis until congress rediscovers that they have a duty, responsibility, and constitutional mandate to actually work collectively towards what is best for the entire country. We are too parochial in our vision which is why we have the mess and seeming corruption we have now.
Just because YOUR community and/or demographic is doing well in this environment does not mean that you will not sink with the rest of the Titanic passengers when this is all said and done...
Too much trees vs forest going on; and if we don't all get our collective heads out of the sand, while you might save your favorite tree, the forest is still going to die off...
Someantimalwareguy (profile), 17 Nov 2011 @ 11:34am
Re:
The largest problem with the EU is the fact that it is about as cohesive as the original 13 colonies under the Articles of Confederation. This can lead to some dissonance between the "federal" and "sovereign states" level where the individual states have too much power and render any federal control illusory at best.
So what you tend to get is idealism in Brussels and pragmatism in Berlin, Paris, etc. It is more often the case that pragmatism wins out and the edicts from Brussels get a "that's nice, thanks for your opinion son" pat on the head while they go on about governing their territories.
Someantimalwareguy (profile), 17 Nov 2011 @ 11:12am
Re: Re: What Anonymous Coward, Nov 17th, 2011 @ 9:05am said plus:
IIIRC, ReDigi watermarks the files provided for resale which would seem to have a greater assurance of preventing this type of abuse than is present in the buy physical CD > use > resale model we have now where each purchaser of said media can simply rip the contents and then sell the CD on to the next guy who then repeats the process...ad nausea.
One thing is certain however, the nature of what consumers are purchasing (license or copy sale) is going to be key in this debate. Both have implications, but the market will not stand for letting this distinction remain undefined for much longer. Either the industry settles on the definition or the courts will. My strong recommendation would be for the Industry to take the path of least cost and take their chances going forward...
Someantimalwareguy (profile), 8 Nov 2011 @ 11:24am
Re: Re: The system is down
Those petitions seem like a waste of time.I signed all the Marijuana ones and I got their stupid form letters.We really need to get a million pot smokers to march on Washington and force it down their corrupt throats....
The problem here is that to get all those stoners off the couch you are going to need a really, really big bag of Doritos ready for them at the end of the march and a line of oxygen tents to resuscitate those who passed out along the way due to being out of shape...
And trying to keep them focused on the path with a single, coherent message is going to be like herding cats...
On a serious note however, I do strongly support the Libertarian agenda to repeal ALL drug prohibitions as it does nothing but breed black markets, violence, artificially high prices, wastes tax money, and places Law Enforcement in dangerous, life threatening situations when it would be more appropriate, efficient, and with a higher benefit to society as a whole to simply legalize and tax the consumption with proceeds going towards a medical, rather than legal approach to the problem of addiction.
Re: Re: time for experiment and comparison of results
As an ex record company exec (in charge of digital strategy) I can confirm that this frustration continues in-house, too. Territorial release schedules are usually organised to allow the artist to promote the product effectively with live appearances and press etc. They can't be everywhere at the same time, so the release is staggered across multiple territories, thus maximising exposure that involves the actual artist. It's frustrating, but it's one element of promotion that can't be avoided....
Myopic focus on the tried and true from the past effectively eliminates any real potential for trials to see if revenue could be maximized using a world release approach followed by intensive artist followup through touring and strategic appearances.
Couple this with fan buzz and sharing of selected sample tracks and you get the word out at a far superior cost level while allowing the fans to do your in-region foot work ahead of the promotional events. This would spread the buzz for new artists and relive the industry from having to rely so much on established acts, further enhancing overall performance AND PROFITABILITY of the label's current/future stable of performers.
Why limit your revenue potential by removing viable markets before you even start the cycle in the first place?
Re: Re: Re: Re: The problem with counterfeit goods is that they're counterfeit.
eejit, a couterfeit is a counterfeit. They may not sell them as genuine, but the reason to buy them is to give your friends / whoever the impressing that you did buy the real thing.
Please explain to me then how it is that there are companies that make and sell replicas of famous cars? How are these any different than someone selling a replica Rolex when this fact is disclosed prominently before any purchase can be made?
So should Ford slam the door on Cobra or Elinore replicas? What about Chevy slamming the door on Foose and other hot-rod designers? Wouldn't that be the same as in this scenario?
Someantimalwareguy (profile), 25 Oct 2011 @ 11:13am
Re: Re: Re: Re: Re:
LOL - no one said anything about a revolution and sometimes the best changes come from hard work on the inside of the system.
As happens very frequently in our quaint republic, what is fashionable today gets kicked to the curb tomorrow. I think you should be paying close attention to the OWS movement and start reading between the lines...
Though amorphous and confusing at times, the movement proves that there is an increasing level of dissatisfaction with, and anger towards the powers that be; not only here in the US, but world-wide.
The conservatives jumped the shark and now will reap what they have sown as did the Democrats in previous years. Our society is cyclical and those who fail to pay attention to the traffic often get run over...
Someantimalwareguy (profile), 25 Oct 2011 @ 10:17am
Re: Re: Re:
...But as far and the general idea of the Due Process requirement of notice and hearing, the Supreme Court has upheld the constitutionality of seizures and forfeitures in general. So on that note, I'd disagree with you.
This, with other misguided decisions, SCOTUS has introduced an intolerable level of corruption into our system through unintended consequences and human nature.
So now money constitutes speech and LE can take anything they like when the conditions are "just so" (driving with a non-white color seems to be common in some states...).
The pressure is building and an adjustment is almost certain to take place. It will be interesting to see where the hammer eventually falls with the probability it will not be on those the current set up is designed to suppress...
Someantimalwareguy (profile), 24 Oct 2011 @ 10:41am
Re: Re:
But, but, that's a balancing test. And different judges might reach different results. That means that FAIR USE is a MYTH! And since there's no fair use, it makes no sense to say that this could be fair use.
Keep preachin' that ol' time religion like the "Drys" did back during prohibition. The more rigid and absurd you get, the stronger the backlash, ridicule, and contempt you will get from the public...
Someantimalwareguy (profile), 24 Oct 2011 @ 9:44am
Re: Politicians...
here would absolutely love such a law! No more snarky remarks by anyone, no criticism by the bloggers. It would be so great for them! A great way to silence opposition....
No, they would hate it as they would not be able to go after their opponents with attack ads. further, the MSM would balk at this as they would not be able to use twitter and FB commentary as "real news".
Next, being naturally ornery, Americans, who would never even consider being confrontational or "off color", would participate in open ridicule of anyone trying to get such a law passed as they so richly deserve...
In the words of a great Internet meme: Good luck with that! LOL
On the post: Why Adversarial Hearings Are Important: Rulings Change When The Other Side Is Heard
Re: Re: Re: Re: Re: Justice Delayed = Justice Denied
And part the most important part of DUE PROCESS is the right of every American citizen to confront their accusers is a court of law with the second most important part being the presumption of innocence prior to an adversarial process in the courts.
While it is true that in cases of violent crime, a suspect may be arrested and detained prior to trial, it is also true that this is a compromise that is included in deference to continued public safety - not as some standard way to deal with violent crime in general. This is an important distinction you ignore completely.
Copyright infringement IS NOT violent crime and no one in the public is threatened by it which means that the above compromise does not apply - period.
SAG
On the post: Ex-RIAA Boss Ignores All Criticisim Of SOPA/PIPA, Claims Any Complaints Are Trying To Justify Stealing
Re: Re: Re: Nah, Mike, you're brushing aside the problem of infringement,
Ref: http://www.sjsu.edu/faculty/watkins/prodtheo.htm
Fixed costs play into Total costs, but are those things that cannot be avoided. Ex: if you have a factory, your fixed costs may include insurance, labor, materials, utilities, etc. So they are important as far as total costs and where the Average Variable Cost determines the minimum price. Marginal costs actually include things like expected or required profits.
The theory can get eye bleeding at times, but the gist is that Mike is correct in a general way regarding fixed costs as they are the costs that cannot be avoided in the manufacturing and engineering process. If you are going to make "X", then you are going to have to pay (at a minimum (A, B, C, etc). These costs are and should be factored into the final price, but also note that as a company losses monopoly rents with the advent of competition, the price tends towards marginal cost. this does not mean that it will reach marginal cost, but will tend there as a consequence of market forces.
Once the price drops below marginal cost for any of the players in the industry, it is expected that they will fail and thus leave said industry leaving fewer competitors who are able to compete at that price break or introduce productivity gains that allow them to make more than their marginal cost which is then translated into higher profits.
The kiker here though is that once the others in the industry make the same or similar changes, it opens up room in the game to more companies who see that they can makle a reasonable profit which is part of marginal cost calculations and the whole thing starts over again - in a perfectly competitive market.
On the post: ICE Seizes Another 150 Domains As SOPA/PIPA Debate Heats Up
Re:
Life is change - get with it or get out of the way before you get run over...
On the post: The Scale Of Money
Re: Re: Re: Re: Re: Re: Jack Daniels Explains The Deficit
Try again
On the post: The Scale Of Money
Re: Re: Re: Re: Jack Daniels Explains The Deficit
While Medicare will be solvent for at least the next 35 years, we need to continuously borrow money to support the Industrial Military complex and the wars we keep getting into because some politicians think we are the world's police force. It is not social welfare, but rather corporate welfare that is killing us slowly...
LOL, and how do you explain the prosperity and growth under Clinton in the 90's when tax rates were at a much higher level and the decline in both growth and prosperity under Bush II? Me thinks you may need to go back and study that chapter more closely...
The flat tax is a scam to reduce the tax rate for the top 1% while increasing the taxes for everyone else. Couple that with the fact that as a total of income a Janitor might have to greatly sacrifice and go without while that multinational CEO would not have his/her life effected at all.
I don't think that word means what you think it means...
On the post: The Scale Of Money
Re: Re: Jack Daniels Explains The Deficit
I just don't see Congress (now or in the future) ever having a backbone stiff enough to do what is required here unless/until the criteria that makes YOUR Congressmen/woman the best thing since buttered bread because they bring home the bacon shown to be the con game it has always been at the expense of everyone else.
In other words, we will not get out of this crisis until congress rediscovers that they have a duty, responsibility, and constitutional mandate to actually work collectively towards what is best for the entire country. We are too parochial in our vision which is why we have the mess and seeming corruption we have now.
Just because YOUR community and/or demographic is doing well in this environment does not mean that you will not sink with the rest of the Titanic passengers when this is all said and done...
Too much trees vs forest going on; and if we don't all get our collective heads out of the sand, while you might save your favorite tree, the forest is still going to die off...
On the post: The Scale Of Money
Re: Re: Brain Drain
On the post: EU Parliament Warns The US To Stop Censoring The Internet
Re:
So what you tend to get is idealism in Brussels and pragmatism in Berlin, Paris, etc. It is more often the case that pragmatism wins out and the edicts from Brussels get a "that's nice, thanks for your opinion son" pat on the head while they go on about governing their territories.
On the post: As Expected, RIAA Threatens Site That Claims To Let You Sell Used MP3s
Re: Re: What Anonymous Coward, Nov 17th, 2011 @ 9:05am said plus:
One thing is certain however, the nature of what consumers are purchasing (license or copy sale) is going to be key in this debate. Both have implications, but the market will not stand for letting this distinction remain undefined for much longer. Either the industry settles on the definition or the courts will. My strong recommendation would be for the Industry to take the path of least cost and take their chances going forward...
On the post: Thoughts On The House Judiciary Committee's Hearings On SOPA
Re: Re: Re:
On the post: Understanding Anonymous: The Culture Of Lulz
Re: Re: Re: Re:
On the post: We, The People, Are Sarcastic And Not Easily Mollified By Bland Political Non-Answers
Re: Re: The system is down
And trying to keep them focused on the path with a single, coherent message is going to be like herding cats...
On a serious note however, I do strongly support the Libertarian agenda to repeal ALL drug prohibitions as it does nothing but breed black markets, violence, artificially high prices, wastes tax money, and places Law Enforcement in dangerous, life threatening situations when it would be more appropriate, efficient, and with a higher benefit to society as a whole to simply legalize and tax the consumption with proceeds going towards a medical, rather than legal approach to the problem of addiction.
On the post: Record Labels: When You Make It Impossible For People To Pay You, You Drive Them To Unauthorized Versions
Re: Re: time for experiment and comparison of results
Couple this with fan buzz and sharing of selected sample tracks and you get the word out at a far superior cost level while allowing the fans to do your in-region foot work ahead of the promotional events. This would spread the buzz for new artists and relive the industry from having to rely so much on established acts, further enhancing overall performance AND PROFITABILITY of the label's current/future stable of performers.
Why limit your revenue potential by removing viable markets before you even start the cycle in the first place?
Just a thought...
SAG
On the post: Dear US Chamber Of Commerce: If A Site Advertises That It's Selling Fakes, How Is That Fooling Anyone?
Re: Re: Re: Re: The problem with counterfeit goods is that they're counterfeit.
So should Ford slam the door on Cobra or Elinore replicas? What about Chevy slamming the door on Foose and other hot-rod designers? Wouldn't that be the same as in this scenario?
On the post: White House Petition Against E-PARASITE/SOPA
Re: Hmm...sounds familiar somehow
On the post: ICE Seized 20 Domain Names For The NFL Over The Weekend
Re: Re: Re: Re: Re:
As happens very frequently in our quaint republic, what is fashionable today gets kicked to the curb tomorrow. I think you should be paying close attention to the OWS movement and start reading between the lines...
Though amorphous and confusing at times, the movement proves that there is an increasing level of dissatisfaction with, and anger towards the powers that be; not only here in the US, but world-wide.
The conservatives jumped the shark and now will reap what they have sown as did the Democrats in previous years. Our society is cyclical and those who fail to pay attention to the traffic often get run over...
On the post: ICE Seized 20 Domain Names For The NFL Over The Weekend
Re: Re: Re:
So now money constitutes speech and LE can take anything they like when the conditions are "just so" (driving with a non-white color seems to be common in some states...).
The pressure is building and an adjustment is almost certain to take place. It will be interesting to see where the hammer eventually falls with the probability it will not be on those the current set up is designed to suppress...
On the post: Universal Uses Copyright To Censor Bad Lip Reading Parody; Why Not Embrace It?
Re: Re:
On the post: State Government In Australia Seeks To Issue $12k Fines If You Insult Its Gaming Minister Michael O'Brien
Re: Politicians...
Next, being naturally ornery, Americans, who would never even consider being confrontational or "off color", would participate in open ridicule of anyone trying to get such a law passed as they so richly deserve...
In the words of a great Internet meme: Good luck with that! LOL
On the post: TSA Decides Terrorists Must Be Driving; Partners With Tenn. Law Enforcement To Randomly Search Vehicles
Re: Scoreboard
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