Slashdot Log In
RIAA President Decries Fair Use
Posted by
kdawson
on Mon Nov 13, 2006 05:01 PM
from the sheep's-clothing dept.
from the sheep's-clothing dept.
triskaidekaphile writes, "Cary Sherman, president of the RIAA, has an editorial on CNet responding to the Consumer Electronics Association's support of the Digital Freedom campaign for fair use. Sherman proclaims, 'The fair use doctrine is in danger of losing its meaning and value.' Like a true spinner, he indicates that fair use is indeed important, then states 'Let's be clear. The CEA's primary concern is not consumers, but technology companies — often large, multinational corporations which, like us, strive to make a profit... But to seize the mantra of "consumer rights" to advance that business interest is simply disingenuous.' Slashdotters, trollers, and pollsters one and all, what say you? Disingenuous or dissembling?"
This discussion has been archived.
No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
Full
Abbreviated
Hidden
Loading... please wait.
I think he has a point (Score:5, Funny)
Re:I think he has a point (Score:5, Funny)
Parent
Re:I think he has a point (Score:5, Insightful)
For me, fair use is being able to backup my cds onto my harddrive and encode them in any format I please for my mp3 player.
If it were up to the RIAA, they would determine exactly which format I would purchase and keep my music on, and that I would have to buy the same music over and over again everytime the next best thing came out.
Given their history, their hypocritical actions against artists, I have very little reason to believe they are arguing anything in good faith, hence I have very little reason to listen to them at all.
Parent
He did lie.... (Score:5, Interesting)
He did lie about a couple of situations being theft, when in fact no theft was ever involved.
"For me, fair use is being able to backup my cds onto my harddrive and encode them in any format I please for my mp3 player."
That about does it for me, too. Add to this DVD/video content (including anything I download or view online) and being able to view such content on my DVD player.
Parent
Re:I think he has a point (Score:5, Insightful)
Yeah, their history sucks. But is what they're saying now unreasonable? If you push your opponent against the wall and he finally relents and gives you what you need (not saying he's giving everything, but he is giving something) do you just scoff at him?
Hell, we need to be taking notes on what he's saying now and we need to stick him to his word. He says things should be balanced. Yes, they should. He says we should have some, but not unlimited fair use. Yes and yes.
When your enemy gives you ground, you don't go hide in your bunker and call him names. You advance. I consider this an opportunity.
TW
Parent
Yes, what he's saying is unreasonable. (Score:5, Insightful)
In fact the copyright balancing is the interests of the content producers versus the interests of the content users (of a number of types - including the content PURCHASERS who want to format-shift their property in order to player-shift or space-shift it, whom he carefully ignores).
The makers of the equipment, software, and other insturmentality that enables the content users' exercise of their fair-use rights DO benefit. So they have a financial incentive to support the content users' position. (Indeed, the industry's activity is an effective way for the content users to fund the defense of their own rights.) And their profit is indeed part of the overall social benefit intended to be promoted by the copyright law. But (despite Sherman's FUD) the copying-equipment industry's interest is NOT the other side of the "balance" of fair-use.
Parent
I think you're walking into a trap... (Score:5, Insightful)
I'm not arguing that I should be able to get my music for free, but once I pay for it I can do with it whatever I want, as long as it's fair use. I'm not going to accept his version of "fair" - probably no media shifting, no format shifting, if possible no time shifting and hardware-locked to a specific player - I want the rights I deserve for having paid.
You make the mistake of accepting his framing of the argument: he isn't "giving in" in the slightest, he makes an outrageous demand, and, when no one will fulfill it, backs down a little. It's the same as if I asked you to pay me a million dollars for using the same air that I breathe, and if you aren't willing to pay, well, I can back down to a payment of one dollar a month. I guess you would consider that a great deal, since I "backed down" so much...
(I'm not accusing you personally, but every time I see something like this I wish people were more aware of basic manipulating tactics - these are old tricks, and, sad as it is to see, they still work).
Parent
seriously, more mod up for parent (Score:5, Interesting)
"Fair use" does not define a certain limited amount of copying that you have permission to do. It defines copying that you do *not have to ask permission for. You can try to prevent "fair use" technologically, but there is nothing in copyright law that prevents my circumventing that technical measure. Now I defer to a smarter man:
(Moglen on the DMCA): "You never read a case, because there never was a case, in which under the copyright law, somebody was charged with a federal legal offence of any kind for writing a book about how photocopiers work or for distributing blue prints of photocopiers or for manufacturing and selling photocopiers. When you see a legal regime that is engaged in trying to charge people for doing those things, you can be pretty sure it's not the copyright law, it's something else. The fact that they put the word copyright in the title doesn't make it a copyright law folks"
Parent
Re: Speaking on their history (Score:5, Interesting)
There are many products that we buy and replace because they wear out (record, 8T), or because newer products offer better quality (CD) or convenience (mp3). If you made most of those conversions, it's because you had a good reason and obtained a clear benefit from doing so. You could have, for example, bought some equipment and recorded all of those 8-tracks to CDR, but the quality would have sucked, and you didn't really want to take the time to do it anyway (convenience). Again, things we often pay for.
This is what makes the transition from DVD to BR/HD interesting, because in one way you may be paying for the "same" movie yet again... but on the other side, it's not the same movie, but a much higher definition, clearer, sharper version.
Worth paying for? Your choice.
Parent
Re: Speaking on their history (Score:5, Insightful)
I once dug up an early 'mix tape' that my father had made this way, in the late 60s...format shifting is not a new idea, and it's fairly recently that its been attacked and called "stealing."
The previous upgrade cycles mostly happened because there was some perceived consumer advantage. 'Cassette tapes' sucked less than eight-track (cassettes), particularly for use in cars. CDs were superior to vinyl in terms of damage resistance (or so they said at the time, anyway), not wearing out, ease of FF/REV and SKIP, and sound quality. People chose those upgrades. Anyone with a decent home stereo could go from LP to cassette tape pretty trivially, and some people did (I know I did, for my car), but it was time consuming and most people didn't bother.
With the CD to MP3 format changeover, moving one's music oneself is trivial. Put the disc into iTunes, hit Rip. Thus, a lot of people aren't repurchasing their music as they did in the past, because this changeover is easier than any in the past. This drives the record companies crazy, because they've been used to getting a huge influx of cash every time one of these changeovers has happened in the past -- in fact, they think they're entitled to it. That is their critical mistake. They are not.
Frankly, I think it is this sense of entitlement that really aggravates me about the RIAA and its member companies most of all.
Parent
Re:I think he has a point (Score:5, Informative)
I'm not sure that his use of "fair use" is that far off. For example, "fair use" means you can quote a few words from a textbook, but cannot repeat the whole book. "Fair use" also means you can play a few seconds of a song, or a few seconds of a movie without permission or penalty.
Fair use does not mean they have to make it easy for you to make a copy of those few seconds.
The real dissembling comes from him saying nothing about the doctrine of "first sale." That's the one that gives you the right to do whatever you want with a product once you've purchased it. For example, if you purchase a Spalding baseball the Spalding company cannot limit you to catching it only with a genuine Spalding glove. They can advertise the balls as "best caught with a Genuine Spalding Glove", they can print "WARNING: catch this ball only with a Genuine Spalding Glove or hand damage may result", and they can even print "Never sell your glove to anyone else" on your glove. But what they print on it has no legal bearing on what you are legally permitted to do with it.
There are exceptions for certain materials, such as pesticides and herbicides, that prevent you from using them in a manner harmful to the environment. But unless a Brittany Spears disc is capable of producing an ecological disaster, I doubt strongly that they apply.
Parent
yer mistaken (Score:5, Interesting)
You are mistakenly conflating two forms in the statutory basis for fair use: borrowing for purposes of quotation or criticism and limits on commercial exploitation.
It is perfectly legal to spend an afternoon photocopying a complete book in your public library and lugging the reams of 8.5X11 home with you, if your purposes are scholarly or educational and you have no intention of commercial redistribution. Mr. Sherman is pleased by your confusion in this regard and your mistaken guidance to the hoi polloi. In fact, they are relying not upon the deterrent effect of a handful of lawsuits, but the great murk that this tactic generates around these questions in the public discourse.
It is perfectly legal to make complete copies of any copyrighted work provided there is no commercial intent and no restraint of commerce (read: giving them out for free and destroying the market) and anyone who will tell you otherwise is mistaken or lying. Grokster died not because copies existed on its servers or servers it indexed, but because it had no way of guaranteeing that those copies were not commercially exploited or that restraint of trade was not occurring. It purposefully marketed this anonymity of purpose as a value-add.
Parent
Re:I think he has a point (Score:5, Insightful)
1) Fair use isn't about making personal backups (I'm talking putting the song on your favorite player not copying for your friend).
2) CEA is self interest, but the RIAA is better than that..
Also he never said that fair use rights "must be respected" he acknowledged they exist. But the RIAA and MPAA have shown disdain in the past for research and other fair use rights when they require breaking encryption to achieve them.
Parent
In other news... (Score:5, Insightful)
Let me fix that (Score:5, Insightful)
"Let's be clear. The RIAA's primary concern is not artists, but themselves -- a large, quasi-multinational corporation which strives to make a profit... But to seize the mantra of "artists rights" to advance that business interest is simply disingenuous.'
Sherman uses incorrect terms.... (Score:5, Insightful)
Considering that it is impossible to steal IP (you can only copy it), he has no idea what he is talking about. Either that, or he is intentionally lying. He also quotes a Grokster judge who said that Grokster was theft, and says that this judge is tech-savvy. How can he be? If he knew a thing about Grokster, he'd know that no theft ever took place on it.
Of equal interest is Gary Shapiro's response. (Score:5, Interesting)
Fair Use vs. Limited Times (Score:5, Interesting)
Bottom line: I should be able to record anything! (Score:5, Interesting)
I should be able to make a copy, for personal use, of any content that I can receive, whether it is broadcast for free or (especially) if paid for.
This is what Fair Use has always been understood to mean, in addition to being able to use small excerpts for review or educational purposes.
It was about us popping a tape in our VCR or radio and making a recording.
Now that the recordings are equal quality to the original, the RIAA and company want to renig on the deal. It's as simple as that.
If you've paid to receive the content, or it is freely given away, you should be able to make a copy for personal use. Period.
classic ad hominem attack (Score:5, Insightful)
Anything similar to "fair use" outside of media? (Score:5, Insightful)
Is there anything else you can buy in the world, where there are such restrictions placed on its use? Stuff that's reasonably easy to duplicate, and has potential for such abuse, that it has protections?
Looking around my (typically messy) desk, I see... hmm, my camera. Ok, I can pay $1300 for a lens on my DSLR.. Canon doesn't say "dude you can't put that on any other camera". Nope. Of course, there's no other camera to put it on, but I knew that when I bought it, and canon doesn't say that I can't do what I want with the results of the pics.
Ah, there's a clip loaded with .22's (well, this is the country, and the other day a coyote tried to get at my chickens!). Remington doesn't say that I can only put these in their rifle. I bought the bullets, I can do what I want with them, as far as the originating company is concerned (Uncle Sam may disagree with me, of course, but you won't see Remington getting involved in that).
So, is there anything produced where the manufacturer places specific use restrictions (not "suggestions", like a recipe which calls [let me exercise "fair use" in an excerpt here] for "1 bar (8 oz.) NESTLÉ CHOCOLATIER(TM) 62% Cacao Bittersweet Chocolate Baking Bar, broken into sections" or "2/3 cup LIBBY'S® 100% Pure Pumpkin" as though something else is going to ruin the recipe - they're not denying you the right, or ability, to use their recipe unless you use their product!) other than media?
Perhaps the special thing about media is that the company wants to sell you not "listen to this song" or "watch this movie" but "listen to this song only on this one thing". There's a clash between what the consumer believes himself to be buying, and what the company claims to be selling.
Social Contract (Score:5, Interesting)
I ask myself one question. Do the laws surrounding copyright encourage innovation? My answer is "no, they do not." With that answer, it means that I must necessarily think that the laws regarding copyright are unconstitutional. Innovation is not when Velcro's replacement is held back from public consumption until after the patent on Velcro has expired. Innovation would be releasing it when it is discovered. Many companies hold back the next generation of products until the previous generation patents have or soon will expire. Companies use patents to prevent competitors from making obvious enhancements to their own products. Copyright law is being used to prevent Fair Use and extending the copyright every time it get close to expiring indicates that it is not a limited time. Author's life + 10 or 25 years, whichever is shorter would be more than sufficient for protecting the creator for profit to encourage creation of new content.
Oh, and "Science and useful Arts" does not include business processes.
All of the above (Score:5, Interesting)
All of the above. I have the right to use my media as I see fit. What, is he next going to claim that ripping my own CDs is illegal [eff.org]? Pesky "Fair Use", it's holding back commerce and hurting the economy. Hey, we have record executives to feed! They have children to put through ivy league schools! And Hummers to buy! The rabble is getting just too damn uppity, I say. Do you honestly think that's disingenuous?
Sheesh!
Now, if you'll excuse me, I have to go download last nights Frisky Dingo episode.
You know what? he's right... but doesn't say all. (Score:5, Insightful)
He also makes a couple of interesting points: first, that downloading is illegal and immoral (the opposite view being an "extremist position"); and second that the new fair use will stop artists from producing content because there would be no economic advantage. And IMHO both of these points are flawed and misleading.
For the first one, there is no mention of what makes it an extremist view (other than his obvious agenda), and the opposite view is just as extreme. Downloading is not illegal everywhere, and it certainly is not immoral - there is no morality on the reordering of a bunch of 0 and 1s on magnetic storage. Nothing was lost on the other side.
But the second one is more interesting. It is simply not true that artists will stop producing content if people are free to use the technology as they see fit. This is already happening, and the attempts to outlaw it is a proof of that. But the impact won't necessarily be worse than today if allowed to happen.
I think that these are hiding another, deeper, threat for content companies: the fact that technology companies serve both consumers and content creators, and it scares the crap out of them because of the implications.
In other words, technology massively lowers the barriers of entry for new artists. Massive distribution technologies allow users to bypass the traditional and oligarchic "means of production". Cheaper equipment means more talented people can reach the eyes and ears of listeners, which will cause money to be distributed more broadly, and more fairly - at the expense of the traditional players of the content industry. An example of this is how, given a specific content, some illegal copies manage to release something of a better quality (no ads, multiple subtitles in different languages, better size/quality ratio, etc).
Content industries have a history of perverting technology for their own economic ends. DVD zoning is an example of this. I can understand the marketing drives to do it - artificial market segmentation, and so on. But in a increasingly global world they become as annoying as they are obsolete.
So yes, the technology companies have a lot to profit from this. But guess what - their best economic interest is to allow the people (artist and consumers) to be able to do more with their gear, not less. So if I have to choose my side, I'll go with the technology companies, not with the people who would like to "license" things to a given item of hardware and still charge as much as possible.
Some people are getting it... these guys [mariposahd.tv] are trying to offer a free HD TV show on the net. In other areas such as gaming, there are many examples [sourceforge.net] of freely available software [sourceforge.net], which are free yet fun to play [romhack.net]. This is the future, IMHO, and is arriving sooner or later. Yes, in part, I like it because I get a free ride, but that's because I'm given one by people who have the means of doing so. And those means are given by technology.
Re:Leaving for Lojban forums (Score:5, Funny)
Well... you can't say the parent post is offtopic. I mean, this was all but asked for.
Parent