09-28-2005, 03:08 PM | #151 | |
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Didn't you ever watch the movie Mercury Rising when it's on USA or something? |
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09-28-2005, 03:09 PM | #152 | |
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Have we been able to come up with stores that people can't steal from? SI
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09-28-2005, 03:09 PM | #153 | |
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I'm just saying...seems like there could be a way besides this nickel and dime, ham and egg half hearted effort if it was really a big deal.
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09-28-2005, 03:12 PM | #154 | |
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And let's take that a step further. If someone had invented a foolproof way for stores to be created where nothing could be stolen, but, say Wal-Mart figures it's cheaper to go with the old model (ie they lose $1M per year in shoplifted merchandise but the method costs $10M) than the new, do you still not prosecute someone who steals from them because stealing is still illegal? SI
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09-28-2005, 03:12 PM | #155 | |
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I've got to raise the bullshit flag on this one. IP laws were put into effect to protect the owner of the IP. The benefit to the comsumers - the fact that there is something to consume - is a secondary benefit. |
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09-28-2005, 03:15 PM | #156 | |
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09-28-2005, 03:16 PM | #157 | |
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Rude? Please. I was practically frenching you I was so polite. Intellectual property laws exist to protect the creator of said intellectual property. Distilled to their essence, they allow the creator to determine what happens to his or her property. Not you. Not me. They have nothing to do with the consumer other than limiting the freedom they can exercise with result to someone else's property. Just because a musician can make money playing a song live does not mean they rescind any rights to the songs they own. And if an up and coming band chooses to release their music for free, that is their right. I don't disagree with you at all about the landscape of music changing - I just don't think that it has any impact on whether a musician has to give away their art, just because it is easy to do. It just seems like you building a strawman with the whole cost of production and distribution argument. (w00t, I finally got to use that term!)
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09-28-2005, 03:25 PM | #158 |
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If it can be heard by the ear, or seen by the eye, it can be copied.
If it can be read by Joe Average's Computer. It can be broken. That's not going to change for a very long time.
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09-28-2005, 03:28 PM | #159 |
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And there's nobody in this thread who says, "Yes, stealing from the RIAA is right" Don't try to spin that we're not. Just that the RIAA's response has been so hamhanded and stupid (remember them filing a DMCA Complaint UNDER OATH, UNDER PENALTIES OF PERJURY, that someone was sharing Usher songs when it turned out it was Dr. Usher's class tapes?), and flat out lying, that people are taking enjoyment out of them looking like morons.
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09-28-2005, 03:28 PM | #160 | |
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So get over it people. Use that to your advantage.
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09-28-2005, 03:28 PM | #161 | |
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Last edited by Zippo : 09-28-2005 at 03:31 PM. |
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09-28-2005, 03:39 PM | #162 | |
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Oh, I agree with you completely. The RIAA not only made the wrong decision about how to handle illegal file sharing in the first place, they've continued to make the wrong decision (as well as making the whole issue a great deal worse in the process). Someone really needs to tap the head of their enforcement division on the forehead with a frying pan until s/he gets a clue. Alienating one's consumer base is never a sound business decision. |
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09-28-2005, 03:41 PM | #163 | ||||
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Take a look at the US Constitution: Quote:
Right there is the impetus for all copyright law in the United States. The reason is "to promote the progress of science and useful arts", not to protect the creator, not to protect the profits of the distribution network. It has been upheld by the courts, for example: Quote:
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09-28-2005, 03:41 PM | #164 | |
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FWIW, it's maybe 5 or 6, not 1 or 2. Heart Disease is #1, Cancer is #2, Stroke is #3, Chronic lower respiratory diseases is #4 and "Accidents" is #5, but that includes all accidents, not just motor vehicle accidents. (http://www.cdc.gov/nchs/fastats/lcod.htm). But, Motor Vehicle accidents are the #1 killer in people aged 15-24. |
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09-28-2005, 03:44 PM | #165 | |
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As for the strawman, what are you talking about? Can you explain that a little more? Last edited by MrBigglesworth : 09-28-2005 at 03:44 PM. |
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09-28-2005, 03:49 PM | #166 | |
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It's all about who owns the property and their right to do with it how they see fit.
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09-28-2005, 03:49 PM | #167 | |
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I still disagee with you. IP laws are in place to protect the owners of IP. The duration of these laws is limited for the good of the public. |
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09-28-2005, 03:51 PM | #168 | |
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I'm not going to rehash Quik's post about protecting the ability to profit being a central link in this chain that ultimately results in the public good. That said, I'd change your third citation to something that isn't a fair use case. That's a whole 'nother can of worms. Last edited by Drake : 09-28-2005 at 03:52 PM. |
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09-28-2005, 03:55 PM | #169 | |
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At one point, there was a benefit to copyrighting music. It cost money to record it and put it on a phonograph and ship that phonograph across the country. Those phonographs were rivalrous, i.e. if someone owned a particular phonograph someone else couldn't own that same physical object as well. But cover bands could still play it, you could still hum it, etc, and nobody could tell you you couldn't. The information, the nonrivalrous good, was always free to use. |
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09-28-2005, 03:56 PM | #170 | |
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09-28-2005, 04:00 PM | #171 | |
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I'm not saying they are wrong. I'm saying you are reading it wrong. Copyrights and patents have always existed to protect the inventor/creator so they can adequately profit off of their creations. The limits to these copyrights/patents exist for the good of humanity so people can springboard off of the works of others. |
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09-28-2005, 04:00 PM | #172 | |
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09-28-2005, 04:02 PM | #173 | |
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09-28-2005, 04:04 PM | #174 | |
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...as shown by the fact that nobody ever got in trouble for bringing a tape recorder to a concert or a video camera to a movie theater. We can sing a song or act out a movie...we can't replay others singing a song or acting out a movie without their permission. |
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09-28-2005, 04:07 PM | #175 | |
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Except for Disney, who keeps sponsoring a new amendment whenever Mickey Mouse gets close to the copyright ending, to push it back, for example. They want the right to forever make money off their copyrights (most of which they didn't even create, but stole from fairly tales)
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09-28-2005, 04:08 PM | #176 | |
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I have the same evidence that you do. I read everything you quoted and I believe it supports my position. The court first court ruling you showed made important (in my reading of the finding), that the limit of the rights for the good of society, not the rights themselves. Reading your facts, I get a different interpretation. |
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09-28-2005, 04:08 PM | #177 |
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dola
I'd be willing to see in informal poll happen to see which of us has the common interpretation. Mine could be wrong. |
09-28-2005, 04:10 PM | #178 | |
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This is a related, but seperate discussion. I have no problem seeing Mickey fall into the realm of public domain. |
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09-28-2005, 04:15 PM | #179 | |
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09-28-2005, 04:16 PM | #180 | |
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09-28-2005, 04:19 PM | #181 | |
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09-28-2005, 04:19 PM | #182 | ||
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If that was the case, people would only get in trouble post-transaction. Otherwise you are dealing with thought-crime. Quote:
Purchase of the tape/DVD/CD constitutes permission to replay. It is part of the purchase contract. I believe courts have already declared time-shifting part of fair-use. I don't know what the legalities are for recording something and then keeping it forever, but I also can't recall it ever being challenged in court. |
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09-28-2005, 04:21 PM | #183 | |
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Nope. Facts are not copyrightable. http://www.bitlaw.com/source/cases/copyright/nba.html |
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09-28-2005, 04:23 PM | #184 | ||
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09-28-2005, 04:24 PM | #185 | |
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09-28-2005, 04:26 PM | #186 | |
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No I'm not, I just didn't think it made sense for the two of us to argue about which interpretation was correct. If you say I am reading something wrong, I'll challenge you. If everybody says I am reading something wrong, I'll challenge myself. |
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09-28-2005, 04:30 PM | #187 | |
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Sure, we get back to fair use here. If you are broadcasting something over the air, or across a cable that I pay for, I have the right to receive that transmission. Permission is given from the IP holder to the broadcast entity via their purchase contract. VCRs are an acceptable way of receiving a broadcast. I guess I'm not really sure what the point of this tangent is. |
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09-28-2005, 05:33 PM | #188 | |
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Then you didn't see the story about the folks who were arrested for videotaping a movie? (agreed, they had larcenous intent, but still)
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09-28-2005, 05:35 PM | #189 | ||
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It is against Federal law.
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09-28-2005, 05:41 PM | #190 | |
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I agree, but again, it ties back into my original point. A lot of people want to see these folks get smacked around because of their arrogance, that the rules apply to Joe Average, but it doesn't to a Disney or an RIAA member or other such companies. For example.. the Price Fixing settlement that the RIAA had stated that amongst other things, they would donate cd's to libraries. Fair and worthy right? Not when it turned to a massive CD-Dump that ended up with some libraries receiving receiving double digit copies of things like Whitney Houston's rendition of the national anthem. In other words, the music labels just thumbed their noses at the letter and the spirit of their settlement. As I said, Schadenfrude. Anything that kicks those bastards in the jimmies is ok by me. Jon might and probably does think I'm wrong for it, but it's plain and simple. Whatever fucks them over (up to a point), is just desserts.
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09-28-2005, 06:14 PM | #191 | ||
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09-28-2005, 11:57 PM | #192 | |
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09-29-2005, 05:04 AM | #193 | ||
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Ummm... Where to begin, where to begin? Do I go the "what about people that cannot afford a computer?" route? Do I go the "so should all writing (newspapers, novels, penthouse letters, etc) be free?" route? Do I go the "so should all pieces of artwork which are actually MUCH cheaper to make than any music be free and able to be copied and distributed route?" Do I go the "you're an idiot who just wants to justify stealing." route? And those are only some of the many choices... advice? which should I pick?
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09-29-2005, 03:01 PM | #194 | ||||
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My premises: 1) IP laws are in effect to help the consumer 2) The consumer is helped more by free music distribution My conclusion: 1) Free music distribution should be legal To attack that you must argue one of the following: 1) IP are not designed to help the consumer but rather the profits of the creator (which is false just be glancing at the Constitution) 2) The consumer is hurt by having free music distribution (so far nobody has attempted to refute this, I don't think) |
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09-29-2005, 03:10 PM | #195 | |
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Please show me where in the constitution it shows that IP is designed to help the consumer.
Thanks!
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09-29-2005, 03:11 PM | #196 |
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This was never a problem with cassette tapes.
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09-29-2005, 03:16 PM | #197 | |
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Of course the Platonic consumer is helped by free music distribution (except for the damage done to his soul when this free music distribution is done illegally). I don't really want to get into this, but your argument is really silly. |
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09-29-2005, 03:23 PM | #198 | ||
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Not "to promote the profits of scientists and artists", but "to promote the progress of science and the useful arts". |
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09-29-2005, 03:25 PM | #199 |
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Music is nonrivalrous only if its creator/owner wants it to be so. They get to make that decision. Not us. Just like the Washington Post gets to control the information they reproduce on their web site. You know - the articles that have copyrights at the bottom of each page.
Your continued insistence that intellectual property laws exist to protect just the consumer ignore years and years of copyright and trademark law.
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09-29-2005, 03:27 PM | #200 | |
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But the same can't be said for music. People will not stop making music. Not only can they still get rich from plaing concerts, but the ease in which a song can be produced will keep a healthy supply of new songs on the marketplace. This kind of calculus is done every time an IP law is considered. It's not "silly" by any stretch of the imagination. |
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