Mark Cuban was one of the few dot-com millionaires smart enough to cash in his chips and leave the table before the bust.
He went on to buy the Dallas Mavericks and make a big jackass of himself ever since, but the sort of jackass who is fun to have around at a party.
He has been fined by the NBA for unsportmanlike conduct more than any other owner... probably more than any team owner in the history of sports.
He recently produced a "reality TV" program which was sort of a low-rent version of the Apprentice, in which he gave a million dollars away, making the contestants do really stupid shit and eliminating the losers on the basis of his own fickle whims.
Quoted from the article: GM: Does the Betamax precedent apply to the Grokster case, even though people are using digital technology like Grokster to amass libraries, not just to tape shows and enhance viewing convenience?
MC: Yes. People amassed libraries on tape as well. You can pick up any movie-collector mag and see the ads to buy a VHS or DVD of any TV show ever made. That's a big library, and those ads have been there for at least 10 years. The industry doesn't care.
Quoted from the a lawyer for MGM on Channle One today: Betamax doesn't apply here.
Which is their right, of course, but I doubt very much that SCOTUS is simply going to ignore a precedent because MGM's lawyers don't like it. There's a legal tradition here that predates taping episodes of Cheers.
"But somehow, despite pleading for our collective jobs and lives, we're still a huge, powerful industry capable of paying for big time lawyers to write THE BOMB cease and desist letters... Yo mamma! Plus, we employ a lot of people! Think about the children!"
The interview isn't very informative about what's going on with the Grokster case. Here [nytimes.com]
is a NY Times article (free registration required, yeah yeah). Basically the record industry is trying to outlaw a technology because the technology could be used to commit a crime. Continuing with this logic, we should outlaw guns, cars, photocopiers, and VCRs.
It's too bad that P2P has been hit with both the stigma and the legal assault resulting from many people's belief that they're entitled to free professionally produced pop music, and free professionally produced porn. If they want some free information, they should make some free information. If they think free music would be cool, they should make some free music. If they think free porn is cool, they could post nude pictures of themselves on their blog.
Meanwhile, there are a lot of possible legitimate uses of P2P technology, but they're not really being taken advantage of because of the stigma. For instance, P2P is probably the logical way to distribute open-source software today, but most people use server-based mechanisms instead.
I think that MGM is arguing exactly what you're saying, and I'm not sure how far along the continuum I'm about to draw you Grokster wants the line drawn.
Consider a continuum from a point where there is no possible infringing use of a service to a point where there is not even a pretense of possible noninfringing use (to the extent that the service provider goes out of their way to encourage you to use it for copyright infringement, with everything in between being capable of representation as a point on
[...] to the extent that the service provider goes out of their way to encourage you to use it for copyright infringement [...]
You mean like "Rip, Mix, Burn" ?
Or "The killer app for the computer industry is piracy," - Eisner
"That's like selling a crowbar and telling someone to smash, bash and steal," [quote from unamed entertainment industry ].
Make no mistake, even an "intent" ruling is dangerous because intent is difficult to disprove especially if the service/product ends up being used to infringe and
as for pictures of me naked, you don't wanna see that, trust me.:)
At least it sounds like there's some hope that the Supreme Court understands the issues and the potential for stifling new technology by outlawing P2P.
"Basically the record industry is trying to outlaw a technology because the technology could be used to commit a crime."
It is MGM vs. Grokster, not "MGM vs. P2P technology." In fact, the recording industry is partnering with Mashboxx [mashboxx.com] and other permission-based P2P platforms. Many Slashdotters like to slippery-slope this into "the record industry hates technology" when indeed they simply hate technology that allows people to get their stuff without paying for it.
It is MGM vs. Grokster, not "MGM vs. P2P technology."
Centralized P2P (stupid term anyway) is nothing more than load balancing and pooling of distributed resources. Decentralized P2P is about letting a group of people connect to eachother and do whatever the hell they want (not unlike the Internet model, with Grokster as the ISP, eh?)
Basicly, they're trying to stop a group of people from getting together and doing what they want by banning the locations and the tools, and not the people nor the "contraban
At the risk of shamelessly pimping my blog, I recently posted an entry [locut.us] describing MGM Vs Grokster and the issues:
The US Supreme Court heard oral arguments in the MGM vs Grokster case today. For those living under a rock, at issue is the legal decision that prevented the movie industry from killing the VCR in the mid-80s (the "Sony-Betamax decision"). In retrospect the Supreme Court did them a big favour since most of the movie industry's revenue now comes from video rentals. Unfortunately the movie ind
Now there's a good way to buy yourself some karma. Support the EFF. Well, either that or bankroll the fledgling space-travel industry.
Rather than the they're-getting-what's-coming-to-them attitude, though, the question about the RIAA would have been an ideal way of bringing up the possibility of artists' selling songs directly for very little money, still making a lot, and cutting out all of the unnecessary middlemen...
Using the logic behind the *IAA's argument roads should be outlawed because they can be used to traffic drugs and other such illegal things. Targeting idividual users is the only thing that the law really should allow. I believe our copyright and patent system needs reform, but until that happens stealing copyrighted works is still a punishable offense.
The problem is that the people who actually decide whether P2P is illegal or not are totally ignorant to what it really is. All they know is that millions of people are using the technology to "steal" other peoples work.
We need to see more legal uses of P2P technology. Bit-torrent is a great system, but it's been abused. There are plenty of other possible uses for P2P apps (DNS servers that discover peers through P2P lookups; P2P Radio Stations; etc).
If we don't see some blatently legal, popular, and
"I believe our copyright and patent system needs reform, but until that happens stealing copyrighted works is still a punishable offense."
That's the problem right there: we all agree on the first part, the second part is the crazy part. Copyright infringement shouldn't be a punishable criminal offense, it should be a matter for a civil court. Such a lawsuit should be entirely dependent upon the plaintiff to move the case forward. What we have right now is the state in collusion with corporations for the pr
Unfortunately you get that going the other way as well.
If it's purely civil what happens when a big corp with deep pockets and TEAMS of laywers on fixed payroll decide to make thier own closed source version of some gpl app owned by one guy who's main job only pays 40k/year and is raising kids.
You got it, the big money wins again. Not saying criminalizing it is the right answer eigther. But keeping it purely civil doesn't alone balance the scales any, and may make it worse.
I could seriously argue that allowing media executives to live in my nation is compensation enough given the trash which they produce. What gives them the right to harass my citizens with their goons and lawsuits? I don't see the inalienable right to squeeze consumers for every dollar they're worth written down anywhere.
The courts, flatly, should tell the RIAA and anyone else who attempts to peddle IP to cope. Revise the business model, quit whining, face re
I truly hope that the decision goes the way of the Betamax decision. Sadly, as with the Betamax decision, the content producers will make out like bandits in the long run. I sure would like to find a way to penalize for this litigation, but the consequences of doing so would probably not be worth it.
What is so inherently wrong about the content producers making a lot of money? As long as they aren't making it by something that is unethical (and I don't consider it unethical simply to sell things instead of giving them away), what is wrong with it? If they are doing something evil and bad and wrong, then I agree with you. But simply making a lot of money is not inherently wrong.
I imagine a time in the not-too-far future, when anyone, anywhere in the world, will have instant access to ANY audio, video, or written thing that has ever been created, INSTANTLY.
But to the owners of massive amounts of Intellectual Property (like movie studios and record companies), the way people get their music, movies, books, etc should remain the status quo, with minor adjustments to further stop copyright infringment from P2P networks, non-DRMed song files, TV signals with no "broadcast flags," etc.
Imagine what it would be like if we access everything... It would change everything in such big ways, to put it mildly. Science, the arts, research, historical knowledge would be capable of permiating our world in a way they are restrained from doing now.
It is this future that much energy is current being spent to stop. Shame on the narrow-minded! Shame on the selfish! Shame on the short-signted!
Imagine what it would be like if we access everything... It would change everything in such big ways, to put it mildly. Science, the arts, research, historical knowledge would be capable of permiating our world in a way they are restrained from doing now.
Imagine if the UN, individual governments, individual governments controlled by Big Business, and Big Business themselves get to control the global communication network the way they want.
We won't have instant access to anything except what they want us to. Free speech doesn't exist as it's bad for business. Free ideas cannot be distributed as it's bad for business.
Imagine that and remember to vote in the next election and take an active role in pressuring your local representatives to do "The Right Thing".
Already we have seen many cases where a court is used to remove information from the public forum. The easiest method to bury something these days is to brand it with the word "hate". Hate-Crime, Hate-Speech, Hate-Etc.
Why businesses would exclude the information is so that they avoid being dragged into court and having even more of their dealings managed by outside forces.
If anything courts and governments are bigger threats to freedom of information because it does not profit them to
Or are you going to suggest I toss my vote after someone who has...
...a decent chance of holding an office if you and others like you actually follow through?
Yes.
Besides, if both other candidates are pro-business, you don't care which one wins anyway, so there's no need to vote for either of them. Remember, in the long run, freedom of speech and information is the most important issue, much moreso than Social Security or Iraq or NASA or whatever. Without free discourse, we have no hope of fixing any
Now that I can't put my mod points here (already posted) I'll have to just do it verbally.
Thank you for trying to enlighten that person who's feeding the stupid vicious circle that keeps the democan republicrat goons in office.
I really don't expect the quality to remain the same, better in some ways, but I think generally worse in most ways.
Except for the people that have signed away such rights, most people are already free to release what they want to the public domain or some form of copyleft. The thing is, the people that have the talents to produce quality material generally want to use those talents to make money. I don't know if anyone has made money releasing media direct to copyleft and public domain, it is anything b
When the printing pess was invented (before which BTW most people in Europe were illiterate, to say nothing of all the other GREAT THINGS it has given the world), the Christian Monks (who rewrote by hand all that needed to be copied) argued with the pro-press techies:
"How will the Monks make money then?! Answer me that, and I'll entertain your flights of fancy. But first, how, oh how, will the Monks make money?!?"
Looking back and having to do it all over, isn't it absurd to weigh the Monks concerns agains
"How will the Monks make money then?! Answer me that, and I'll entertain your flights of fancy. But first, how, oh how, will the Monks make money?!?"
AFAIK no one ever denied monks the right to copy books. Something new came along that could do the same thing more efficiently.
With music, however, someone still needs to write, perform and record it. No P2P can remove those expenses from the equation. All those skills require years of education. Just being a serious musician is a full-time job. Now what is
HUH? if we did it for millinia and got works of art and music how did it not work. If your saying some didn't get proper credit that's true, but other than that you make no sense, though I suspect you're so deep into the thinking of copyright as a natural thing you don't realize it.
Copyright only works if it achieves it's purpose, that purpose to enrich the public domain with more art and litrature and music and such.
Since such things happened before copyright it therefore follows that copyright is
I imagine a time in the not-too-far future, when anyone, anywhere in the world, will have instant access to ANY audio, video, or written thing that has ever been created, INSTANTLY.
...and it is not all bright, but I believe it is inevitable. It will come together with anonymity. A distributed, anonymous storage network along the lines of Freenet (except it actually works well...), growing to contain our joint information. A cluster of storage clusters the way Internet is the network of networks.
You've got a future in writing if you want it. Possibly even in speach writing for politicians. Or perhaps respectable fiction
Not shure if what you said has much validity, but you shure said it well. Sounded like the premis to some sci-fi novell.
(consider this a backhanded compliment:)
*Imagine what it would be like if we access everything... It would change everything in such big ways, to put it mildly. Science, the arts, research, historical knowledge would be capable of permiating our world in a way they are restrained from doing now.*
that will never happen with the way corporations are acting now, sitting on vast amounts of publications they don't want to publish anymore themselfs.. and are not letting anyone else do it for them either. vast amounts of "intellectual property" are alr
I attend Middle State Tennessee University in the Nashville area. My major is the recording industry management program and I am about to graduate in 36 days and seek employment as an audio engineer.
I have been required to take music biz and law courses including a Copyright Law course as part of the standard curriculum. Often they will bring in experts and big names in the industry to discuss current topics that matter to the music biz.
One gentleman I met is Michael Harrington. He has been an expert witness in copyright and sampling cases involving the Dixie Chicks, Beastie Boys, 2 Live Crew. He gave a lecture at our school a few months ago about the current state of copyright. I attened the lecture planning on educating him about current technology and how the Internet works (most people in the industry don't have a clue). Come to find out he was already very educated on the subject; he is a member of EFF.
Anyway, check out his bio and an org he is a part of, the Belmont University Copyright Society. He is a very approachable guy and would probably appreciate an e-mail from our fellow/.'ers.
I also attended MSTU about ten years ago. An old professor friend of mine, Dr. Marcus Daven, wrote a rather interesting paper on copyright law and it's "catch-22" effect. He argues that existing laws are "cracky" at best, especially with chans. such as HBO and Cinemax dominating the broadcasting market. (or ClearChannel for radio). Hot Laws: Copyright and Broadcasting in the 21st Century [ytmnd.com] by Prof Marcus Daven.
Lets face it... the RIAA is representing people who have never decreased the cost of purchasing content, despite the fact that producing it has steadily decreased in cost over the years.
Now they are suing people because they are losing their ability to steal from the masses with impunity.
MC is *RIGHT* in his stance, but the RIAA and other deserve the sh*tstorm that they are in. They have been stealing from the masses and the artists for decades.
Digital media has changed the world of content distribution, and the RIAA and Hollywood need to face up to that and get their act straight. Stealing the content from them is not the answer, but if they want to stay in business, they will have to come up with a workable answer, and soon.
Just taking the argument to court does nothing for their cause (witness one SCO effort).
Personally, digital rights is taking the same phuqued up route that patents are going. There is more money spent on protection than there is on innovation and customer satisfaction. To me, I hope they are all undone by 'independants' as MC tried to explain.
1600 we decide that arists actually own their own creations but that it MUST be in the public domain within a short amount of time.
now - copyright extends to 90 years beyond the death of the author, but is indefinate if produced as a 'work for hire' for a commerial purpose.
Its black and white. What we perceive as 'normal' protection for copyright holders is rediculous. I don't think ANYBODY wants the abolition of creators' rights, but the parent poster knows that while production costs hav
I don't think that many people think that copyright holders don't deserve some credit and payola, I just think that mainstream North American industries believe they should get way more than the content is worth.
Hey, if a vinyl album cost $12, and a CD costs $15, someone is getting cheated, and we all know that cheating is wrong. If I don't want the jeweled CD case, or the funky CD label, or the funny case artwork... how much is the content really worth? How about letting me download it for $5?
The main point that MC is making is that P2P is not the criminal tool that its being made out to be. Criminals will break copyright law no matter what medium is available. The plain facts are that those instigating the litigation are the ones that are suffering because the general populace is no longer willing to pay over the top costs for content that has not increased in value since the 1600's. At least they claim they are suffering... this has yet to be proven, in court, in fact, in any way at all.
The articles mentioned, and MC's blog make some very good statements about copyright law, and how big business is working hard (using our dollars) to infringe on our rights to use technology.
The underlying theme is who gets the money, and how much, not that artist 'X' is being ripped off or that someone is claiming the content of artist 'X' as their own.
If you and 14 of your friends make a pact to each buy a CD and make copies for each other, then the basic cost of that CD for each of you is about $1.50... or 1/10th of the retail price. This is a breach of the law that cannot practically be prosecuted. Because of technology, the RIAA and others have the opportunity to pick on a small group of individuals who have blatently broken the law. The problem is that they are using this activity to try to bar you and I from using the technology that criminals used, simply because it could happen again.... this is *WAAAAY* wrong.
Remember also that they are not doing this to protect artists... they are doing this to protect their Italian sports cars, plastic surgery, $5 million homes, and all the other stuff that they have bought with the money that they stole from innocent people, ostensibly very young people.
With P2P and other technologies, some artists are finding that %100 of the dollars spent for content they created is being delivered to the artist, and not shared out to oh-so-many middlemen in 'the industry' who suck the value out of everything that the artists do (yes, that was a gratuitous and unfair indictment of several industries on a grand scale... and I'm smiling about it)
The argument, nay.. the fight, is about what technology we can or cannot use and why. MC is right on in this matter. If you want to bring copyrights into this, you also have to look at the value of what is being stolen. Stealing is only stealing when you deprive someone of their property? Someone has to prove that file sharing has hurt the music or motion picture industry before I will believe they are being ripped off by P2P users.
?? Can anyone prove this ????
Meanwhile, all of us have a duty to try to fight the copyright overlords and their hell-bent determination to deprive us of technology.... simply to line their own pockets.
"Remember also that they are not doing this to protect artists... they are doing this to protect their Italian sports cars, plastic surgery, $5 million homes, and all the other stuff that they have bought with the money that they stole from innocent people, ostensibly very young people."
Stole? STOLE? Last I checked, the CEO of Warner Music wasn't climbing through bedroom windows @ 2AM and snatching piggy banks. The company offers a CD at a price. People buy or don't. If they buy, then clearly the CD
he's supporting the legal effort on behalf of Grokster, the online file-sharing network being sued by MGM Studios for allegedly infringing copyrights.
I still maintain that he's a megalomaniac who loves attention, but I also have to say I don't mind his efforts on behalf of our side of the issues. Besides, if I had been anywhere near as successful as him during the bubble I would be as bad if not worse (and I trip on my ego daily) - so power to him. Good thing though that he's helping fund, and not actually stepping into court himself to do the arguments.
by Anonymous Coward writes:
on Thursday March 31, 2005 @12:32AM (#12097424)
King Canute is the guy who commanded the tide not to come in. His point was that there are some forces that you cannot resist no matter who you are.
In this case, once the genie is out of the bottle, you can't stuff it back in. The technology exists to swap files easily and anonymously. If they kill the current P2Ps, someone will come up with the next, harder to kill, iteration. The influence of Uncle Sam is waning and even if they can kill P2P in North America, the rest of the world will go on as if nothing happened. India and China are about to become super powers. Brazil is flexing its muscles. In the long run, the RIAA etc. don't stand a chance of stopping the technology. In ten or fifteen years the Grokster decision won't matter outside of the 'States. Basically, America can adapt to the technology it created or become irrelevant. (Just like George W. said the UN had become.)
the next, harder to kill iterations are already developed.
it's just a matter of people starting to use them.. for example, there's bittorrent over i2p(http://www.gotroot.com/article/195 [gotroot.com]). which works, I mean that it really works, the reason why it's not a good alternative for most folks hunting for tv episodes is that there's not enough people on it and sharing. and sure, there's overhead but bandwith is cheap.
when the riaa and mpaa get too hungry with their lawsuits people will be forced to change, so an
by Anonymous Coward writes:
on Thursday March 31, 2005 @01:04AM (#12097540)
The RIAA says music sales are down, more specifically they say sales of the top 100 cd are down and this is DUE TO PIRACY.
Well by Sales the Mean "Items Shipped to Stores" !
So all they Really Mean is Stores Stock Less.
In the US Nielsen Ratings are based on "Individual Sales to Customers" so are these REAL sales down?
"Soundscan recorded 146 million CDs sold in Q1 2003, against 160 million in Q1 2004 - an increase of nearly 10%. Figures for Q2, released this summer are expected to show yet another increase. The RIAA, on the other hand, are claiming a 7% decrease in revenue - but that's purely through managing shipments and returns."
Nope, Sales are up !!! By this more realistic definition Music Sales are up.
=> Therefore if we are to believe the RIAA but use a more realistic definition of sales then: FILE SWAPPING HAS INCREASED POPULAR MUSIC SALES.
It is about controlling the means of distribution.
Here is an Very Rigorous Academic Study of File Sharings Effect on Record Sales. The Conclusion:"File Sharing Has A Negligable Satistical Effect on Sales". http://www.p2pnet.net/zero/FileSharing_March2004.p df [p2pnet.net] Here is A Japanese Study with much the same conclusion. http://www.iir.hit-u.ac.jp/file/WP05-08tanaka.pdf [hit-u.ac.jp] So the Lies are exposed, the **AA are just out to keep cartel control, make sure we only watch and buy what they have. Read How Exhorbitant Liscense Fees for Samples have crippled Modern Music in the excellent fast paced read. http://kembrew.com/documents/mcleod-freedomofexpre ssion3.pdf [kembrew.com] Freedom Of Expression by Kembrew McLeod also details many other ways in which Irresponsible Litigous Intellectual Property stifles research, innovation, cost millions of lives worldwide due to drug patents and holds back the development of important medicines for breast cancer due to human genome patents.
I think that P2P has revitalised Culture and learning, it has made the world a richer place and everyone has benefited from this, leechers, artists and business' alike.
Does that percentage account for people who own the songs they are downloading in some other media format?
Does that percetage account for people who tried to download a song but got a RIAA-hijacked song instead?
What a waste of resources. They are playing at a very losing game. Before Napster there was always IRC, usenet, and FTP -- those are still there. After Napster came Morpheus/Grokster, which may/may not be left alive. But already the file sharing community has moved past into DirectConnect hubs, bit torrent, private WASTE networks, etc. Why do they even bother anymore?
It should be pointed out, in the slashdot quote, that Mark is speaking about Post-Production (video) studios.
Let me tell you, recording studios (audio) don't want anything to do with the ridiculous shenanigans record labels and the like are pulling on their customers.
As the middle man in the path between musician and record label, its a tough place to be, but when you consider the creativity involved in a studio, you understand that studio ownership isn't always about money. Money's tough, yes, but we don't care whom it comes from. It could be from a band, the band's parents, their recording contract/label, etc. Doesn't matter. We're here for the music...
Yesterday I was discussing this case with a friend who is a VP at a major broadcast media company based out of Indianapolis. His perspective on the case was chilling:
Peer to Peer has the potential to eventually make it possible for individuals to run their own broadcast media because it makes the cost of bandwidth trivial. We could be put out of business by hundreds of people running media outlets out of their basements.
This whole battle never made sense until he explained the major media perpective - they are very afraid of what happens when you are able to bake yur own shows and then stream or podcast them. Right now, most individuals can't afford the bandwidth... but as the newer P2Ps become more popular... the cost of the bandwidth isn't the issue any more. And when anyone can crank out a program... at decent quality... it becomes very hard for large corporations to compete successfully.
I just can't see how this is a bad thing. If I want to make shows in my basement, and distribute them via the internet, it is none of the big media's business or concern. Last time I checked, they did not have the exclusive right to be the sole broadcasters and media content creators in America. Let's be honest here, shows like Wayne's World or Mr. Rodger's Neighborhood are quite doable for next to no budget in a basement scenario. Their fears are quite justified.
What, are we on the side of stealing? I thought we just wanted legit uses of technology to not get banned because they're used by some people for theft?
You sold it to me. Cope. You're a competent human being, right? Figure it out before the sale. What happens if I share it? Adjust the sale amount and the medium properly. When the sale amount becomes too large or the medium requires a proprietary player then we'll start to see just how important your product is. Maybe it'll be humbling for you. Again. Cope.
You sold it to me. Cope. You're a competent human being, right? Figure it out before the sale.
Are you telling me I shouldn't sell my music, because someone who bought it might share it?
What happens if I share it?
If I find it out, I'll hit you several times with a large iron bar and leave you lying in a puddle of your own blood and my urine.
Adjust the sale amount and the medium properly. When the sale amount becomes too large or the medium requires a proprietary player then we'll start to see just h
Are you telling me I shouldn't sell my music, because someone who bought it might share it?
I'm telling you this is a big world. It's a live at your own risk world. Every other business in the world has considerations about marketing and ensuring product longevity and the vast majority do so without resorting to harassing the customers or coming up with legal schemes. What makes your business so special that you don't have to cope with reality?
How am I supposed to compete with someone giving away copies of my work for free?
You can't. Just like the rest of us who get downsized or outsourced you'll have to pick up the pieces and find something else.
you speak of taking away my rights to my work
You have a right to work just like anyone else who finds themself in the unemployment line. Start pounding pavement. A tip: No one will hire you if you're still whining about the unfairness of the world. It's a fact of life and the time of the medi
You have a right to work just like anyone else who finds themself in the unemployment line.
What I meant is no one can force me to work for free.
No one's rights are being stomped except for the right of a consumer to own a product they bought.
Yes they are. I should be the only person allowed to decide who gets to copy the music I've made (=duplicat the results of my work). And it so happens that I choose to only allow those who pay me for the work that I've put into it to do so. By stating that I shou
What I meant is no one can force me to work for free
This is true. But just like anyone else who makes an easily copied product, be it lemonade, bread, or toothpicks: You accept all risk if someone else makes and distributes your product better than you do. It is you who is responsible for safeguarding your supply lines, your distribution centers, and your customer base up to the point of sale. Legal harassment after the point of sale is not acceptable.
My kid is starving, and you feel that it's somehow your god-given right to share my work with others. Why the hell should I give a damn about your rights, then? Being "a citizen" doesn't give you more rights than "a citizen working for a record company", or does it?
Please stop pissing in the gene pool.
Don't worry, I won't be having any more kids. You see, I have trouble feeding the current one, because for
Are you saying that people who steal content shouldn't be punished? I disagree with the systems we have in place to sell music, tv shows, and movies (Not so much movies) but that still doesn't make it right to take the content. I hate the RIAA as much as the next guy but in some sense they do have grounds to sue people.
Can you imagine what would happen to Mark if they said he disagreed with the law suits?
Can you imagine what would happen to Mark if they said he disagreed with the law suits?
Well I think that the RIAA is making a big mistake with the lawsuits. While they have legal standing to sue and this is the appropriate legal tool, one has to wonder why companies would sue customers en masse. Such behavior is the acme of arrogance, thinking they is above the necessity of building sympathy and goodwill from a customer base.
Just because it is a bad idea doesn't mean one has to morally oppose it. The market is more than capable of handling this arrogant behavior.
I don't think he's on our side... Take a look at this comment:
[comment about MC not having a problem about individual file-sharers being sued]
He's not on your side. He's not trying to make sharing copyrighted content legal. However, if you'd read down a little further, you would find that he is after something much more important:
MC: [snip] Peer-to-peer has been around for about 20 years. I remember selling Artisoft software on LANs way back when and offering various applications that allowed for sharing of files and content of all types across those networks. Peer-to-peer isn't new. It's just that the music industry recently decided to be litigious about it. Just because the RIAA doesn't like an application and its uses 20 years later doesn't mean they should be able to stop any and all implementations of it.
So far as I'm concerned, MC is right on the money. The problem with what is going on isn't that copyright violation should be protected; the problem is that the baby is getting thrown out with the bathwater.
I don't think he's on our side... Take a look at this comment:
MC: I have no problem with it at all. If you steal, you are wrong. You should have to deal with the consequences. We have plenty of laws on the book to make sure that happens.
Judging from your comments, I would say that you're not on OUR SIDE. You're only on YOUR SIDE. You're on the side of unfettered theft of other people's hard work and original ideas. You're chillin' with the credit card thieves. The ones that use their knowledge to steal. There is no justification for immoral behavior, digital or analog.
This is exactly what is ruining it for the rest of us.
The true push for computing, the real game that is going on is to make sure that computers and computing can evolve, and that the ideas of programming like P2P don't become outlawed. This is the true manner of what big thinkers like Cuban are trying to prevent the small thinking, greedy minds from doing with the law. Cuban is trying to make sure that it isn't illegal to own a type of computer program, or format, or using a computing style is outlawed. Code is just thoughts and actions expressed in numbers, just like sheet music is just dots that represent sounds and ideas. Let's not let code become thoughtcrime, shall we?
A beautiful world where a man can text message Natalie Portman for a date is is the dream of all geeks. A better, cleaner, more transparent environment for all people to use the computers that make their lives better. Computers aren't out there so that you can be the petulant IT guy in some cube farm and lord over them with your 1337 MCSE Haxor Skillz. Computers are tools. You should have the heart of a teacher instead of the justifications of a thief, or the arrogance of a petulant child.
It is the promise of fairness and openness, what all of us, computing for all citizens, and the real advances that it makes will advance greatly. Let's make sure that jackass CEOs don't take away the ability to restrict our imagination that turns into code. The benefits are obvious and proven:
Look at Linux... look at all of the good that it has done to keep players in the software game honest. Look at the little villages that can't afford expensive computers, but can now get E-mail and news from the outside world. Look at all of the great advances that a couple of computer geeks have done for the way people communicate and live their daily lives. A lot of great ideas were taken, FOR FREE, from Linux and are used every day. It is getting better, and it is moving faster. Linux wasn't illegal, it wasn't stealing anything. It was a great idea that flourished, and it flourished because the environment was open for change.
Look at our culture, can anyone see that the entire "design culture" that corporations around the world are scrambling to get to is not directly influenced by coding, computers, and IT techs?
What if people said that Linux was illegal because people could use the program to steal credit card numbers? What happens to all of the future advances? I don't ever look forward to a day where the police kick down my door because I am not on a "trusted computing" format and could be doing wrong.
If people like you insist that open and blatant theft is what all of this computing revolution thingee was about, and that not paying people for services is what all of the people who wired their first boards together with a soldering iron was about, then hell, count me out. I got into computing as a hobby because I could do things with it, and the circle of digital friends I got from it I couldn't find in a million years in the big blue sandbox. I get to have great, mind blowing "P2P" conversation with people every night ALL OVER THE WORLD. Yes, I could use it as a tool to put the one over on someone else. But really, is that what it is all about?
You, my friend, are confused, and are not on our side. You're on the side of
A person has the right to distribute their own work under whatever license or terms that they feel they should do it. And its YOUR JOB to respect this.
GPL was specificly designed to allow redistibution/open source and to enforce it. That is the heart of the Linux.
People release music and shows under the creative common license which allows redistribution. They want people to benifit from their work without cost restrictions.
If YOU ____ over Microsoft's copyrights, then what is their to stop Microsoft from ____ing over Linux developer's copyrights and incorporate it closed source into their own software?
Don't be naive. The number of lower employees that MS middle managers and upper managers have screwed over to get where they are is just the way things work. The number of smaller companies that MS has bought out or openly crushed with superior resources or a quicker route through the copyright/patent office
You're on the side of unfettered theft of other people's hard work and original ideas
Please step away from the soap box and take your pouting someplace else.
Reality: If you don't want someone to share something then don't give it to them.
If that means you can't Get Rich Quick then find a better business model or cope.
It's impossible to steal an idea. You can't rip it out of someone's head. It's possible to extort hard work or ideas from someone in a fashion similar to indentured servitude (eg. empl
Therein lies the problem.. Are all the hundreds of millions people on P2P your friends?
I see nothing wrong with a few copies between friends. But when over two thirds of current network traffic is people sharing stuff, I think it takes a tremendously selfish person to not see anything wrong with it.
when over two thirds of current network traffic is people sharing stuff, I think it takes a tremendously selfish person to not see anything wrong with it
Is there something inherently wrong with sharing? What did I miss.
As for intellectual property: If it were really that valuable and that important it would be safeguarded before being released. If it were really that valuable and that important it wouldn't be sold to any teenager with $15.
I don't put my best code on open display at a large venue. W
Is there something inherently wrong with sharing? What did I miss.
That 90 % of what is being shared is done so without permission and therefore illegally. (Or your head up your ass, whichever you find more appropriate.)
If it were really that valuable and that important it would be safeguarded before being released. If it were really that valuable and that important it wouldn't be sold to any teenager with $15.
As you seem to have the answer to everything, I'd like to hear your take on this.
I spend a modest $10,000 to record an album, and sell it on the Internet for $5 per copy. It's selling pretty nicely, about 50 copies per day, until someone shares it on a P2P. The word goes out and sales go to a sudden halt, and now I'm selling a copy per week as the sharers in P2P grow at a good rate. I lost a whole lot of money.
The severity of the situation which you've described is completely hypothetical and composed of conjecture. P2P is not a secret so yes, you are a moron if you don't consider the possible effects of P2P ahead of time. No sea captain could ever claim that the world owed him a ship and a crew if he was sacked by a storm--it's one of the risks of being a sea captain. Cope. Nor have I yet seen a blog where an artist could say "we released this album and then watc
The severity of the situation which you've described is completely hypothetical and composed of conjecture.
I've been somehow involved in the music business for the past 20 years. I know what I'm talking about. A lot of artists stay quiet about the P2P because they don't want to advertise that their album is there, simple as that. And they also don't want to engage in discussions such as this.
You did not have proper advertising or distribution planned before you released the product.
That may be true but coming up with a hypothetical and improbable sad story situation to justify your concept of ownership isn't proving it.
In other words, you are speaking out of your ass about things you have no clue about
Allow me to sum up the reality of IP: Once you sell something quit trying to pretend you still own it. The IP age is over. The IP age should never have been started. If you want your IP for yourself then keep it to yourself. If you want to share i
Therein lies the problem.. Are all the hundreds of millions people on P2P your friends? I see nothing wrong with a few copies between friends.
I'm not friends with hundreds of millions of people. But I'm friends with dozens, and if I share with them, and they share with their friends, and they share with their friends... The actual result is pretty much the same as when we skip the intermediaries. Particularly since there were intermediaries before too (do you have X? No, but ask Y, he might...)
Well, I have the standard issues with the concept of copyright violation as "stealing," but I don't have any innate problem with the idea of copyright violators being civilly prosecuted for such violations of civil rights.
I do have some problems with fairly recent changes to the law and its perception (such as civil rights violations as criminal theft of property) which broadens what is protected, for how long it is protected, what may be done to protect it, criminalizes violations and makes abhorent mean
Gelf magazine. Like an adult Gelfling, from The Dark Crystal. It's the magazine for those with the essence of life. Why they are covering it is beyond me.
Well if you read his blog entry covered on/. here: http://yro.slashdot.org/article.pl?sid=05/03/27/14 11245&tid=98 [slashdot.org] you'll know that he owns alot of digital content. If MGM wins this case they could potentially shut down a valuable means for him to get that content to his customers.
Mark Cuban is one of the more fascinating personality studies of the past decade. He's very shrewd and is an incredibly smart businessman, but he's also very impulsive, as you would know if you've ever seen him courtside when the Mavericks aren't getting calls on a particular night. After catching some criticism for saying he wouldn't hire a particular set of NBA referees to work at a Dairy Queen, he himself worked the counter at a Dairy Queen for an afternoon to benefit charity. He does have business reasons for this, but he also could be doing this because he feels it's the right thing to do (like when he lambastes the refs on his blog, or refusing to trade Nowitzki for Shaq). He made his money from technology so he understands it very well, so he definitely understands the implications and importance of this case. I applaud him for this as he's taking a stand for a reason other than trying to get David Stern cheesed off.
Maybe that's something for you to think about. Perhaps these "plutocrats" aren't always the terrible people that some stereotype them to be. Just food for thought.:)
you need to learn some history....past AND present.
Just ONE example: 18 THOUSAND Americans die every year because they lack access to basic healthcare. And why is it that they have no basic healthcare? All the other western nations do? Because plutocrats and corporations pay off the politicians so that they can continue to extort obscene profits from us for healthcare. I call that murder, organized crime. And I think that they ought to hang for it. I'm just saying', is all....
they can continue to extort obscene profits from us for healthcare
Continuing on that thought...
There are about 3 major insurance companies in the world. Those three have dozens of subsidiaries. Those dozen subsidiaries have hundreds, maybe thousands, of corporations. What this means, however, is that the effect on profit margin anywhere can and will be compensated anywhere else. Consider the late 90s and into early 2000 when the bust happened. Those businesses were insured. Some investors, usually
Who? (Score:2, Funny)
Re:Who? (Score:5, Funny)
He's obviously the guy who invented the cigar.
Re:Who? (Score:5, Informative)
Mark Cuban was one of the few dot-com millionaires smart enough to cash in his chips and leave the table before the bust.
He went on to buy the Dallas Mavericks and make a big jackass of himself ever since, but the sort of jackass who is fun to have around at a party.
He has been fined by the NBA for unsportmanlike conduct more than any other owner... probably more than any team owner in the history of sports.
He recently produced a "reality TV" program which was sort of a low-rent version of the Apprentice, in which he gave a million dollars away, making the contestants do really stupid shit and eliminating the losers on the basis of his own fickle whims.
Re:Who? (Score:2)
They seem to disagree (Score:3, Interesting)
GM: Does the Betamax precedent apply to the Grokster case, even though people are using digital technology like Grokster to amass libraries, not just to tape shows and enhance viewing convenience?
MC: Yes. People amassed libraries on tape as well. You can pick up any movie-collector mag and see the ads to buy a VHS or DVD of any TV show ever made. That's a big library, and those ads have been there for at least 10 years. The industry doesn't care.
Quoted from the a lawyer for MGM on Channle One today:
Betamax doesn't apply here.
Hmm I suppose that's for the courts to decide.
Re:They seem to disagree (Score:5, Funny)
Have to account for the lawyer spin..
Rather... (Score:5, Insightful)
Re:Rather... (Score:2)
Re:Rather... (Score:2)
legitimate uses of P2P (Score:5, Insightful)
It's too bad that P2P has been hit with both the stigma and the legal assault resulting from many people's belief that they're entitled to free professionally produced pop music, and free professionally produced porn. If they want some free information, they should make some free information. If they think free music would be cool, they should make some free music. If they think free porn is cool, they could post nude pictures of themselves on their blog.
Meanwhile, there are a lot of possible legitimate uses of P2P technology, but they're not really being taken advantage of because of the stigma. For instance, P2P is probably the logical way to distribute open-source software today, but most people use server-based mechanisms instead.
Not precisely (Score:3, Insightful)
Consider a continuum from a point where there is no possible infringing use of a service to a point where there is not even a pretense of possible noninfringing use (to the extent that the service provider goes out of their way to encourage you to use it for copyright infringement, with everything in between being capable of representation as a point on
Re:Not precisely (Score:2)
You mean like "Rip, Mix, Burn" ?
Or "The killer app for the computer industry is piracy," - Eisner
"That's like selling a crowbar and telling someone to smash, bash and steal," [quote from unamed entertainment industry ].
Make no mistake, even an "intent" ruling is dangerous because intent is difficult to disprove especially if the service/product ends up being used to infringe and
Re:legitimate uses of P2P (Score:2, Offtopic)
as for pictures of me naked, you don't wanna see that, trust me.
At least it sounds like there's some hope that the Supreme Court understands the issues and the potential for stifling new technology by outlawing P2P.
-geekd
Re:legitimate uses of P2P (Score:5, Funny)
Please, don't encourage them.
Re:legitimate uses of P2P (Score:3, Funny)
Re:legitimate uses of P2P (Score:3, Interesting)
"Basically the record industry is trying to outlaw a technology because the technology could be used to commit a crime."
It is MGM vs. Grokster, not "MGM vs. P2P technology." In fact, the recording industry is partnering with Mashboxx [mashboxx.com] and other permission-based P2P platforms. Many Slashdotters like to slippery-slope this into "the record industry hates technology" when indeed they simply hate technology that allows people to get their stuff without paying for it.
You are, of course, correct that P2P i
It is about P2P (Score:2)
Centralized P2P (stupid term anyway) is nothing more than load balancing and pooling of distributed resources. Decentralized P2P is about letting a group of people connect to eachother and do whatever the hell they want (not unlike the Internet model, with Grokster as the ISP, eh?)
Basicly, they're trying to stop a group of people from getting together and doing what they want by banning the locations and the tools, and not the people nor the "contraban
Re:legitimate uses of P2P (Score:2, Interesting)
Grokster summary (Score:2)
Modern altruism (Score:2, Insightful)
Rather than the they're-getting-what's-coming-to-them attitude, though, the question about the RIAA would have been an ideal way of bringing up the possibility of artists' selling songs directly for very little money, still making a lot, and cutting out all of the unnecessary middlemen...
Mark's talks about this issue in his blog (Score:5, Informative)
Mark Cuban's blog. (Score:4, Informative)
P2P is not illegal (Score:2, Interesting)
Targeting idividual users is the only thing that the law really should allow.
I believe our copyright and patent system needs reform, but until that happens stealing copyrighted works is still a punishable offense.
Re:P2P is not illegal (Score:2, Insightful)
The problem is that the people who actually decide whether P2P is illegal or not are totally ignorant to what it really is. All they know is that millions of people are using the technology to "steal" other peoples work.
We need to see more legal uses of P2P technology. Bit-torrent is a great system, but it's been abused. There are plenty of other possible uses for P2P apps (DNS servers that discover peers through P2P lookups; P2P Radio Stations; etc).
If we don't see some blatently legal, popular, and
Re:P2P is not illegal (Score:2)
That's the problem right there: we all agree on the first part, the second part is the crazy part. Copyright infringement shouldn't be a punishable criminal offense, it should be a matter for a civil court. Such a lawsuit should be entirely dependent upon the plaintiff to move the case forward. What we have right now is the state in collusion with corporations for the pr
Re:P2P is not illegal (Score:2)
If it's purely civil what happens when a big corp with deep pockets and TEAMS of laywers on fixed payroll decide to make thier own closed source version of some gpl app owned by one guy who's main job only pays 40k/year and is raising kids.
You got it, the big money wins again.
Not saying criminalizing it is the right answer eigther. But keeping it purely civil doesn't alone balance the scales any, and may make it worse.
Mycroft
Re:P2P is not illegal (Score:2)
I could seriously argue that allowing media executives to live in my nation is compensation enough given the trash which they produce. What gives them the right to harass my citizens with their goons and lawsuits? I don't see the inalienable right to squeeze consumers for every dollar they're worth written down anywhere.
The courts, flatly, should tell the RIAA and anyone else who attempts to peddle IP to cope. Revise the business model, quit whining, face re
Past is prologue (Score:2)
Re:Past is prologue (Score:2, Insightful)
the long view (Score:4, Insightful)
But to the owners of massive amounts of Intellectual Property (like movie studios and record companies), the way people get their music, movies, books, etc should remain the status quo, with minor adjustments to further stop copyright infringment from P2P networks, non-DRMed song files, TV signals with no "broadcast flags," etc.
Imagine what it would be like if we access everything... It would change everything in such big ways, to put it mildly. Science, the arts, research, historical knowledge would be capable of permiating our world in a way they are restrained from doing now.
It is this future that much energy is current being spent to stop. Shame on the narrow-minded! Shame on the selfish! Shame on the short-signted!
Re:the long view (Score:5, Insightful)
Imagine if the UN, individual governments, individual governments controlled by Big Business, and Big Business themselves get to control the global communication network the way they want.
We won't have instant access to anything except what they want us to. Free speech doesn't exist as it's bad for business. Free ideas cannot be distributed as it's bad for business.
Imagine that and remember to vote in the next election and take an active role in pressuring your local representatives to do "The Right Thing".
The courts might be more dangerous (Score:2)
Already we have seen many cases where a court is used to remove information from the public forum. The easiest method to bury something these days is to brand it with the word "hate". Hate-Crime, Hate-Speech, Hate-Etc.
Why businesses would exclude the information is so that they avoid being dragged into court and having even more of their dealings managed by outside forces.
If anything courts and governments are bigger threats to freedom of information because it does not profit them to
Re:the long view (Score:2)
...a decent chance of holding an office if you and others like you actually follow through?
Yes.
Besides, if both other candidates are pro-business, you don't care which one wins anyway, so there's no need to vote for either of them. Remember, in the long run, freedom of speech and information is the most important issue, much moreso than Social Security or Iraq or NASA or whatever. Without free discourse, we have no hope of fixing any
Re:the long view (Score:2)
Thank you for trying to enlighten that person who's feeding the stupid vicious circle that keeps the democan republicrat goons in office.
Mycroft
Re:the long view (Score:2)
Except for the people that have signed away such rights, most people are already free to release what they want to the public domain or some form of copyleft. The thing is, the people that have the talents to produce quality material generally want to use those talents to make money. I don't know if anyone has made money releasing media direct to copyleft and public domain, it is anything b
Re:the long view (Score:3, Insightful)
"How will the Monks make money then?! Answer me that, and I'll entertain your flights of fancy. But first, how, oh how, will the Monks make money?!?"
Looking back and having to do it all over, isn't it absurd to weigh the Monks concerns agains
Re:the long view (Score:2)
AFAIK no one ever denied monks the right to copy books. Something new came along that could do the same thing more efficiently.
With music, however, someone still needs to write, perform and record it. No P2P can remove those expenses from the equation. All those skills require years of education. Just being a serious musician is a full-time job. Now what is
Re:Do they? (Score:2)
We tried that for a few millenia and it didn't work. People started selling other people's work as their own.
people will pay *voluntarily*
I'll applaud the day when car dealers introduce that system. I'm sure it will work.
Re:Do they? (Score:2)
Copyright only works if it achieves it's purpose, that purpose to enrich the public domain with more art and litrature and music and such.
Since such things happened before copyright it therefore follows that copyright is
I see that future too... (Score:3, Insightful)
Copyrigh
Re:I see that future too... (Score:2)
Not shure if what you said has much validity, but you shure said it well. Sounded like the premis to some sci-fi novell.
(consider this a backhanded compliment:)
Mycroft
Re:the long view (Score:2)
that will never happen with the way corporations are acting now, sitting on vast amounts of publications they don't want to publish anymore themselfs.. and are not letting anyone else do it for them either. vast amounts of "intellectual property" are alr
Nashville Copyright Activists (Score:5, Interesting)
I have been required to take music biz and law courses including a Copyright Law course as part of the standard curriculum. Often they will bring in experts and big names in the industry to discuss current topics that matter to the music biz.
One gentleman I met is Michael Harrington. He has been an expert witness in copyright and sampling cases involving the Dixie Chicks, Beastie Boys, 2 Live Crew. He gave a lecture at our school a few months ago about the current state of copyright. I attened the lecture planning on educating him about current technology and how the Internet works (most people in the industry don't have a clue). Come to find out he was already very educated on the subject; he is a member of EFF.
Anyway, check out his bio and an org he is a part of, the Belmont University Copyright Society. He is a very approachable guy and would probably appreciate an e-mail from our fellow
Here are the links:
http://www.belmont.edu/mb/profile.cfm?idno=369 [belmont.edu]
http://www.belmontcopyright.com/ [belmontcopyright.com]
http://www.mtsu.edu/~record/facilities.html [mtsu.edu]
Re:Nashville Copyright Activists (Score:2, Interesting)
Tempest and the tea cup.... (Score:4, Interesting)
Now they are suing people because they are losing their ability to steal from the masses with impunity.
MC is *RIGHT* in his stance, but the RIAA and other deserve the sh*tstorm that they are in. They have been stealing from the masses and the artists for decades.
Digital media has changed the world of content distribution, and the RIAA and Hollywood need to face up to that and get their act straight. Stealing the content from them is not the answer, but if they want to stay in business, they will have to come up with a workable answer, and soon.
Just taking the argument to court does nothing for their cause (witness one SCO effort).
Personally, digital rights is taking the same phuqued up route that patents are going. There is more money spent on protection than there is on innovation and customer satisfaction. To me, I hope they are all undone by 'independants' as MC tried to explain.
Time for the big boys to get with the new game...
Re:Tempest and the tea cup.... (Score:2)
1600 we decide that arists actually own their own creations but that it MUST be in the public domain within a short amount of time.
now - copyright extends to 90 years beyond the death of the author, but is indefinate if produced as a 'work for hire' for a commerial purpose.
Its black and white. What we perceive as 'normal' protection for copyright holders is rediculous. I don't think ANYBODY wants the abolition of creators' rights, but the parent poster knows that while production costs hav
Re:Tempest and the tea cup.... (Score:4, Insightful)
Hey, if a vinyl album cost $12, and a CD costs $15, someone is getting cheated, and we all know that cheating is wrong. If I don't want the jeweled CD case, or the funky CD label, or the funny case artwork... how much is the content really worth? How about letting me download it for $5?
The main point that MC is making is that P2P is not the criminal tool that its being made out to be. Criminals will break copyright law no matter what medium is available. The plain facts are that those instigating the litigation are the ones that are suffering because the general populace is no longer willing to pay over the top costs for content that has not increased in value since the 1600's. At least they claim they are suffering... this has yet to be proven, in court, in fact, in any way at all.
The articles mentioned, and MC's blog make some very good statements about copyright law, and how big business is working hard (using our dollars) to infringe on our rights to use technology.
The underlying theme is who gets the money, and how much, not that artist 'X' is being ripped off or that someone is claiming the content of artist 'X' as their own.
If you and 14 of your friends make a pact to each buy a CD and make copies for each other, then the basic cost of that CD for each of you is about $1.50... or 1/10th of the retail price. This is a breach of the law that cannot practically be prosecuted. Because of technology, the RIAA and others have the opportunity to pick on a small group of individuals who have blatently broken the law. The problem is that they are using this activity to try to bar you and I from using the technology that criminals used, simply because it could happen again.... this is *WAAAAY* wrong.
Remember also that they are not doing this to protect artists... they are doing this to protect their Italian sports cars, plastic surgery, $5 million homes, and all the other stuff that they have bought with the money that they stole from innocent people, ostensibly very young people.
With P2P and other technologies, some artists are finding that %100 of the dollars spent for content they created is being delivered to the artist, and not shared out to oh-so-many middlemen in 'the industry' who suck the value out of everything that the artists do (yes, that was a gratuitous and unfair indictment of several industries on a grand scale... and I'm smiling about it)
The argument, nay.. the fight, is about what technology we can or cannot use and why. MC is right on in this matter. If you want to bring copyrights into this, you also have to look at the value of what is being stolen. Stealing is only stealing when you deprive someone of their property? Someone has to prove that file sharing has hurt the music or motion picture industry before I will believe they are being ripped off by P2P users.
?? Can anyone prove this ????
Meanwhile, all of us have a duty to try to fight the copyright overlords and their hell-bent determination to deprive us of technology.... simply to line their own pockets.
Re:Tempest and the tea cup.... (Score:3, Insightful)
Stole? STOLE? Last I checked, the CEO of Warner Music wasn't climbing through bedroom windows @ 2AM and snatching piggy banks. The company offers a CD at a price. People buy or don't. If they buy, then clearly the CD
He's helping fund the fight (Score:4, Insightful)
I still maintain that he's a megalomaniac who loves attention, but I also have to say I don't mind his efforts on behalf of our side of the issues. Besides, if I had been anywhere near as successful as him during the bubble I would be as bad if not worse (and I trip on my ego daily) - so power to him. Good thing though that he's helping fund, and not actually stepping into court himself to do the arguments.
King Canute comes to mind (Score:5, Interesting)
In this case, once the genie is out of the bottle, you can't stuff it back in. The technology exists to swap files easily and anonymously. If they kill the current P2Ps, someone will come up with the next, harder to kill, iteration. The influence of Uncle Sam is waning and even if they can kill P2P in North America, the rest of the world will go on as if nothing happened. India and China are about to become super powers. Brazil is flexing its muscles. In the long run, the RIAA etc. don't stand a chance of stopping the technology. In ten or fifteen years the Grokster decision won't matter outside of the 'States. Basically, America can adapt to the technology it created or become irrelevant. (Just like George W. said the UN had become.)
Re:King Canute comes to mind (Score:2)
it's just a matter of people starting to use them.. for example, there's bittorrent over i2p(http://www.gotroot.com/article/195 [gotroot.com]). which works, I mean that it really works, the reason why it's not a good alternative for most folks hunting for tv episodes is that there's not enough people on it and sharing. and sure, there's overhead but bandwith is cheap.
when the riaa and mpaa get too hungry with their lawsuits people will be forced to change, so an
RIAA LIES EXPOSE : SALES != "UNITS SHIPPED" (Score:5, Informative)
Well by Sales the Mean "Items Shipped to Stores" !
So all they Really Mean is Stores Stock Less.
In the US Nielsen Ratings are based on "Individual Sales to Customers" so are these REAL sales down?
"Soundscan recorded 146 million CDs sold in Q1 2003, against 160 million in Q1 2004 - an increase of nearly 10%. Figures for Q2, released this summer are expected to show yet another increase. The RIAA, on the other hand, are claiming a 7% decrease in revenue - but that's purely through managing shipments and returns."
Nope, Sales are up !!!
By this more realistic definition Music Sales are up.
=> Therefore if we are to believe the RIAA but use a more realistic definition of sales then
FILE SWAPPING HAS INCREASED POPULAR MUSIC SALES.
Here is a Link with the sources http://digital-lifestyles.info/display_page.asp?s
People listen to more music than they buy.
The More Music People Listen to, the more they buy.
ADD in the spectacular rise of iTunes and Music Sales are through the roof.
File Sharing promotes music and increases sales.
Artists Win, The RIAA, wins, File Swappers Win, P2P wins - Everyone Wins !!!
It is about controlling the means of distribution.
Here is an Very Rigorous Academic Study of File Sharings Effect on Record Sales.
The Conclusion:"File Sharing Has A Negligable Satistical Effect on Sales".
http://www.p2pnet.net/zero/FileSharing_March2004.
Here is A Japanese Study with much the same conclusion.
http://www.iir.hit-u.ac.jp/file/WP05-08tanaka.pdf [hit-u.ac.jp]
So the Lies are exposed, the **AA are just out to keep cartel control, make sure we only watch and buy what they have.
Read How Exhorbitant Liscense Fees for Samples have crippled Modern Music in the excellent fast paced read.
http://kembrew.com/documents/mcleod-freedomofexpr
Freedom Of Expression by Kembrew McLeod also details many other ways in which Irresponsible Litigous Intellectual Property stifles research, innovation, cost millions of lives worldwide due to drug patents and holds back the development of important medicines for breast cancer due to human genome patents.
I think that P2P has revitalised Culture and learning, it has made the world a richer place and everyone has benefited from this, leechers, artists and business' alike.
Where did they get their stats? (Score:4, Interesting)
Does that percentage include traffic to Canadian computers, where such downloads are legal [cippic.ca]?
Does that percentage account for people who own the songs they are downloading in some other media format?
Does that percetage account for people who tried to download a song but got a RIAA-hijacked song instead?
What a waste of resources. They are playing at a very losing game. Before Napster there was always IRC, usenet, and FTP -- those are still there. After Napster came Morpheus/Grokster, which may/may not be left alive. But already the file sharing community has moved past into DirectConnect hubs, bit torrent, private WASTE networks, etc. Why do they even bother anymore?
Re:Where did they get their stats? (Score:2)
They didnt say 90% of file transmitted were copyrighted and transmitted illegaly just that they were copyrighted!.
I take extreme offence to this (Score:3, Interesting)
Let me tell you, recording studios (audio) don't want anything to do with the ridiculous shenanigans record labels and the like are pulling on their customers.
As the middle man in the path between musician and record label, its a tough place to be, but when you consider the creativity involved in a studio, you understand that studio ownership isn't always about money. Money's tough, yes, but we don't care whom it comes from. It could be from a band, the band's parents, their recording contract/label, etc. Doesn't matter. We're here for the music...
This one goes a lot deeper than piracy (Score:4, Interesting)
Peer to Peer has the potential to eventually make it possible for individuals to run their own broadcast media because it makes the cost of bandwidth trivial. We could be put out of business by hundreds of people running media outlets out of their basements.
This whole battle never made sense until he explained the major media perpective - they are very afraid of what happens when you are able to bake yur own shows and then stream or podcast them. Right now, most individuals can't afford the bandwidth... but as the newer P2Ps become more popular... the cost of the bandwidth isn't the issue any more. And when anyone can crank out a program... at decent quality... it becomes very hard for large corporations to compete successfully.
Re:This one goes a lot deeper than piracy (Score:3, Insightful)
I just can't see how this is a bad thing. If I want to make shows in my basement, and distribute them via the internet, it is none of the big media's business or concern. Last time I checked, they did not have the exclusive right to be the sole broadcasters and media content creators in America. Let's be honest here, shows like Wayne's World or Mr. Rodger's Neighborhood are quite doable for next to no budget in a basement scenario. Their fears are quite justified.
Maybe they
Re:I'm gathering up the torches, you get the light (Score:3, Insightful)
Re:I'm gathering up the torches, you get the light (Score:5, Insightful)
Re:I'm gathering up the torches, you get the light (Score:4, Insightful)
Re:I'm gathering up the torches, you get the light (Score:2)
Stealing is wrong.
If you sell something to me, and I share it with my friend, no one has stolen anything.
Splitting hairs by writing volumes of legal jargon about it doesn't change that.
Re:I'm gathering up the torches, you get the light (Score:2)
If you buy one of my albums and share it with 100,000,000 of your friends, and I find out, would you want to meet me in a dark alley?
Re:I'm gathering up the torches, you get the light (Score:2)
You sold it to me. Cope. You're a competent human being, right? Figure it out before the sale. What happens if I share it? Adjust the sale amount and the medium properly. When the sale amount becomes too large or the medium requires a proprietary player then we'll start to see just how important your product is. Maybe it'll be humbling for you. Again. Cope.
Re:I'm gathering up the torches, you get the light (Score:2)
Are you telling me I shouldn't sell my music, because someone who bought it might share it?
What happens if I share it?
If I find it out, I'll hit you several times with a large iron bar and leave you lying in a puddle of your own blood and my urine.
Adjust the sale amount and the medium properly. When the sale amount becomes too large or the medium requires a proprietary player then we'll start to see just h
Re:I'm gathering up the torches, you get the light (Score:2)
I'm telling you this is a big world. It's a live at your own risk world. Every other business in the world has considerations about marketing and ensuring product longevity and the vast majority do so without resorting to harassing the customers or coming up with legal schemes. What makes your business so special that you don't have to cope with reality?
It's fair.
Re:I'm gathering up the torches, you get the light (Score:2)
How am I supposed to compete with someone giving away copies of my work for free?
I speak of fairness, you speak of violence and degradation. Hopefully the laws will quit supporting people of your nature.
No, you speak of taking away my rights to my work. When I speak of violence, I speak of taking away some of yours.
Everyone has to grow up at some point.
I do that by defending my values and views, not
Re:I'm gathering up the torches, you get the light (Score:3, Insightful)
You can't. Just like the rest of us who get downsized or outsourced you'll have to pick up the pieces and find something else.
You have a right to work just like anyone else who finds themself in the unemployment line. Start pounding pavement. A tip: No one will hire you if you're still whining about the unfairness of the world. It's a fact of life and the time of the medi
Re:I'm gathering up the torches, you get the light (Score:2)
What I meant is no one can force me to work for free.
No one's rights are being stomped except for the right of a consumer to own a product they bought.
Yes they are. I should be the only person allowed to decide who gets to copy the music I've made (=duplicat the results of my work). And it so happens that I choose to only allow those who pay me for the work that I've put into it to do so. By stating that I shou
Re:I'm gathering up the torches, you get the light (Score:3, Insightful)
This is true. But just like anyone else who makes an easily copied product, be it lemonade, bread, or toothpicks: You accept all risk if someone else makes and distributes your product better than you do. It is you who is responsible for safeguarding your supply lines, your distribution centers, and your customer base up to the point of sale. Legal harassment after the point of sale is not acceptable.
Re:I'm gathering up the torches, you get the light (Score:2, Troll)
Nothing, apparently.
Ah, so you are a murderer. Self confessed.
My kid is starving, and you feel that it's somehow your god-given right to share my work with others. Why the hell should I give a damn about your rights, then? Being "a citizen" doesn't give you more rights than "a citizen working for a record company", or does it?
Please stop pissing in the gene pool.
Don't worry, I won't be having any more kids. You see, I have trouble feeding the current one, because for
Re:I'm gathering up the torches, you get the light (Score:2)
I have all the reason to believe it didn't lose its value suddenly after P2P music sharing came into existence.
Welcome to real life.
Oh, I get it. Because the world is evil and can never be perfect, we should all be allowed to do whatever we please.
Re:I'm gathering up the torches, you get the light (Score:4, Funny)
Re:I'm gathering up the torches, you get the light (Score:5, Insightful)
Can you imagine what would happen to Mark if they said he disagreed with the law suits?
Well, depends on what you mean by disagree. (Score:4, Interesting)
Well I think that the RIAA is making a big mistake with the lawsuits. While they have legal standing to sue and this is the appropriate legal tool, one has to wonder why companies would sue customers en masse. Such behavior is the acme of arrogance, thinking they is above the necessity of building sympathy and goodwill from a customer base.
Just because it is a bad idea doesn't mean one has to morally oppose it. The market is more than capable of handling this arrogant behavior.
Re:I'm gathering up the torches, you get the light (Score:3, Insightful)
Instead, this "crime" of copyright "theft" is treated almost like a capital crime."
Not even speeders. Go back to it being a civil issue and to having to prove damages.
That will remove a lot of opposition.
Bring the copyright durations in check. (Reduce them drastically.)
That will remove a lot more oppossition.
When you run ads (or any other efforts) trying to "educate" the public on copyright issues, tell the truth and tell both sides. Explain
Re:I'm gathering up the torches, you get the light (Score:5, Insightful)
He's not on your side. He's not trying to make sharing copyrighted content legal. However, if you'd read down a little further, you would find that he is after something much more important:
MC: [snip] Peer-to-peer has been around for about 20 years. I remember selling Artisoft software on LANs way back when and offering various applications that allowed for sharing of files and content of all types across those networks. Peer-to-peer isn't new. It's just that the music industry recently decided to be litigious about it. Just because the RIAA doesn't like an application and its uses 20 years later doesn't mean they should be able to stop any and all implementations of it.So far as I'm concerned, MC is right on the money. The problem with what is going on isn't that copyright violation should be protected; the problem is that the baby is getting thrown out with the bathwater.
Re:I'm gathering up the torches, you get the light (Score:5, Interesting)
I don't think he's on our side... Take a look at this comment:
MC: I have no problem with it at all. If you steal, you are wrong. You should have to deal with the consequences. We have plenty of laws on the book to make sure that happens.
Judging from your comments, I would say that you're not on OUR SIDE. You're only on YOUR SIDE. You're on the side of unfettered theft of other people's hard work and original ideas. You're chillin' with the credit card thieves. The ones that use their knowledge to steal. There is no justification for immoral behavior, digital or analog.
This is exactly what is ruining it for the rest of us.
The true push for computing, the real game that is going on is to make sure that computers and computing can evolve, and that the ideas of programming like P2P don't become outlawed. This is the true manner of what big thinkers like Cuban are trying to prevent the small thinking, greedy minds from doing with the law. Cuban is trying to make sure that it isn't illegal to own a type of computer program, or format, or using a computing style is outlawed. Code is just thoughts and actions expressed in numbers, just like sheet music is just dots that represent sounds and ideas. Let's not let code become thoughtcrime, shall we?
A beautiful world where a man can text message Natalie Portman for a date is is the dream of all geeks. A better, cleaner, more transparent environment for all people to use the computers that make their lives better. Computers aren't out there so that you can be the petulant IT guy in some cube farm and lord over them with your 1337 MCSE Haxor Skillz. Computers are tools. You should have the heart of a teacher instead of the justifications of a thief, or the arrogance of a petulant child.
It is the promise of fairness and openness, what all of us, computing for all citizens, and the real advances that it makes will advance greatly. Let's make sure that jackass CEOs don't take away the ability to restrict our imagination that turns into code. The benefits are obvious and proven:
Look at Linux... look at all of the good that it has done to keep players in the software game honest. Look at the little villages that can't afford expensive computers, but can now get E-mail and news from the outside world. Look at all of the great advances that a couple of computer geeks have done for the way people communicate and live their daily lives. A lot of great ideas were taken, FOR FREE, from Linux and are used every day. It is getting better, and it is moving faster. Linux wasn't illegal, it wasn't stealing anything. It was a great idea that flourished, and it flourished because the environment was open for change.
Look at our culture, can anyone see that the entire "design culture" that corporations around the world are scrambling to get to is not directly influenced by coding, computers, and IT techs?
What if people said that Linux was illegal because people could use the program to steal credit card numbers? What happens to all of the future advances? I don't ever look forward to a day where the police kick down my door because I am not on a "trusted computing" format and could be doing wrong.
If people like you insist that open and blatant theft is what all of this computing revolution thingee was about, and that not paying people for services is what all of the people who wired their first boards together with a soldering iron was about, then hell, count me out. I got into computing as a hobby because I could do things with it, and the circle of digital friends I got from it I couldn't find in a million years in the big blue sandbox. I get to have great, mind blowing "P2P" conversation with people every night ALL OVER THE WORLD. Yes, I could use it as a tool to put the one over on someone else. But really, is that what it is all about?
You, my friend, are confused, and are not on our side. You're on the side of
Re:I'm gathering up the torches, you get the light (Score:3, Insightful)
DO NOT VIOLATE ANOTHER PERSON'S COPYRIGHT!
A person has the right to distribute their own work under whatever license or terms that they feel they should do it. And its YOUR JOB to respect this.
GPL was specificly designed to allow redistibution/open source and to enforce it. That is the heart of the Linux.
People release music and shows under the creative common license which allows redistribution. They want people to benifit from their work without cost restrictions.
If YOU fuck over Micr
Re:I'm gathering up the torches, you get the light (Score:2)
Don't be naive. The number of lower employees that MS middle managers and upper managers have screwed over to get where they are is just the way things work. The number of smaller companies that MS has bought out or openly crushed with superior resources or a quicker route through the copyright/patent office
Re:I'm gathering up the torches, you get the light (Score:2)
Please step away from the soap box and take your pouting someplace else.
Reality: If you don't want someone to share something then don't give it to them.
If that means you can't Get Rich Quick then find a better business model or cope.
It's impossible to steal an idea. You can't rip it out of someone's head. It's possible to extort hard work or ideas from someone in a fashion similar to indentured servitude (eg. empl
Re:I'm gathering up the torches, you get the light (Score:3, Insightful)
Therein lies the problem.. Are all the hundreds of millions people on P2P your friends? I see nothing wrong with a few copies between friends. But when over two thirds of current network traffic is people sharing stuff, I think it takes a tremendously selfish person to not see anything wrong with it.
Re:I'm gathering up the torches, you get the light (Score:2)
Is there something inherently wrong with sharing? What did I miss.
As for intellectual property: If it were really that valuable and that important it would be safeguarded before being released. If it were really that valuable and that important it wouldn't be sold to any teenager with $15.
I don't put my best code on open display at a large venue. W
Re:I'm gathering up the torches, you get the light (Score:2)
That 90 % of what is being shared is done so without permission and therefore illegally. (Or your head up your ass, whichever you find more appropriate.)
If it were really that valuable and that important it would be safeguarded before being released. If it were really that valuable and that important it wouldn't be sold to any teenager with $15.
Why?
Re:I'm gathering up the torches, you get the light (Score:2)
As you seem to have the answer to everything, I'd like to hear your take on this.
I spend a modest $10,000 to record an album, and sell it on the Internet for $5 per copy. It's selling pretty nicely, about 50 copies per day, until someone shares it on a P2P. The word goes out and sales go to a sudden halt, and now I'm selling a copy per week as the sharers in P2P grow at a good rate. I lost a whole lot of money.
What kind of business model do you suggest?
If you have t
Re:I'm gathering up the torches, you get the light (Score:2)
The severity of the situation which you've described is completely hypothetical and composed of conjecture. P2P is not a secret so yes, you are a moron if you don't consider the possible effects of P2P ahead of time. No sea captain could ever claim that the world owed him a ship and a crew if he was sacked by a storm--it's one of the risks of being a sea captain. Cope. Nor have I yet seen a blog where an artist could say "we released this album and then watc
Re:I'm gathering up the torches, you get the light (Score:2)
I've been somehow involved in the music business for the past 20 years. I know what I'm talking about. A lot of artists stay quiet about the P2P because they don't want to advertise that their album is there, simple as that. And they also don't want to engage in discussions such as this.
You did not have proper advertising or distribution planned before you released the product.
There is no such t
Re:I'm gathering up the torches, you get the light (Score:2)
That may be true but coming up with a hypothetical and improbable sad story situation to justify your concept of ownership isn't proving it.
Allow me to sum up the reality of IP: Once you sell something quit trying to pretend you still own it. The IP age is over. The IP age should never have been started. If you want your IP for yourself then keep it to yourself. If you want to share i
Re:I'm gathering up the torches, you get the light (Score:2)
It's not improbable. Spiced up a bit, but by no means uncommon, even.
And I'm not talking about ownership. You brought that up. I'm talking about rights, you know, the vague concept you think doesn't exist.
The IP age is over.
But apparently, the parroting age isn't.
If you want to share it with others then you accept all risk of redistribution.
If you go out, y
To pull a Kevin Bacon... (Score:2)
I'm not friends with hundreds of millions of people. But I'm friends with dozens, and if I share with them, and they share with their friends, and they share with their friends... The actual result is pretty much the same as when we skip the intermediaries. Particularly since there were intermediaries before too (do you have X? No, but ask Y, he might...)
But when
Re:I'm gathering up the torches, you get the light (Score:2)
That may be true, but there are enough people out there that really do think like that to justify my statements.
Re:I'm gathering up the torches, you get the light (Score:2, Insightful)
I do have some problems with fairly recent changes to the law and its perception (such as civil rights violations as criminal theft of property) which broadens what is protected, for how long it is protected, what may be done to protect it, criminalizes violations and makes abhorent mean
Re:Golf Magazine? (Score:5, Funny)
Why they are covering it is beyond me.
Re:Golf Magazine? (Score:5, Funny)
Why they are covering it is beyond me.
The RIAA is secretly run by Skeksis executives.
Re:Golf Magazine? (Score:2)
Re:Golf Magazine? (Score:2, Insightful)
Am I the only one that thought that the female gelfing as hot? I was so geeky at such a young age.
Re:So, what's it to him? (Score:4, Informative)
Re:So, what's it to him? (Score:5, Interesting)
Re:no dangling from gallows! (Score:2)
Re:no dangling from gallows! (Score:2, Interesting)
Just ONE example: 18 THOUSAND Americans die every year because they lack access to basic healthcare. And why is it that they have no basic healthcare? All the other western nations do? Because plutocrats and corporations pay off the politicians so that they can continue to extort obscene profits from us for healthcare. I call that murder, organized crime. And I think that they ought to hang for it. I'm just saying', is all....
Re:no dangling from gallows! (Score:3, Informative)
Continuing on that thought...
There are about 3 major insurance companies in the world. Those three have dozens of subsidiaries. Those dozen subsidiaries have hundreds, maybe thousands, of corporations. What this means, however, is that the effect on profit margin anywhere can and will be compensated anywhere else. Consider the late 90s and into early 2000 when the bust happened. Those businesses were insured. Some investors, usually