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Viacom Wants Industry Wide Copyright Filter 248
slashqwerty writes "Unsatisfied with the proprietary copyright filter Google recently unveiled, Viacom CEO Philippe Dauman has called for an industry standard to filter copyrighted material. Mr. Dauman has the backing of Microsoft, Disney, and Universal. 'They reflect the fact that there ought to be a filtering system in place on the part of technology companies,' he noted. 'Most responsible companies have followed that path. What no one wants is a proprietary system that benefits one company. It is a big drain to a company like ours to have to deal with incompatible systems.' How would an industry standard impact freedom of speech and in particular censorship on the internet? How would it affect small, independent web sites?"
Youtube (Score:5, Insightful)
Almost every link to a video worth watching(with the rare educational exception) leads to "This video has been removed due to...."
Control is controlled by the need to control. The content providers will shoot themselves in the feet so many times that they won't have a leg to stand on.
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Re:Youtube (Score:5, Insightful)
Lets remove all pirated content everywhere.
No more illicit MS Windows, no more photoshop, no more movies, no more music.
Let them go out of business when they realise word of mouth is 99% of the battle.
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Re:Youtube (Score:5, Informative)
No. Not by a long shot.
You will find that MANY pirated copies of windows (at least in the western hemisphere) are 'justified' in terms of I pirated XP because my last computer had OEM XP, it died, and the system restore disk wouldn't work on my new PC. Technically that is an infringing copy, as OEM versions are non-transferable to new units.
You will also find boatloads of people with XP Pro that 'upgraded' from their XP Home, and wouldn't pay the ridiculous retail upgrade price from one to the other. You'll also find people with an infringing copy of XP Home or Pro installed because the PC originally came with 98, 2000 or god forbid, ME.
I'd say its true that most of boxes out there are backed by a legit windows license, but most are not the version/edition that they are licensed for.
Yeah, there's people that have OEM Pro and installed VLK or MSDN edition to avoid activation hassles. (I myself was on an infringing VLK edition for a while, because my 'legit' was an original retail upgrade, while the VLK was a full version SP2... so it was FAR less hassle (no disk flipping, no activation, and hours of patches avoided.) When genuine advantage came out and got in my face and I got tired of hacking around it I reverted to the legit copy. Wasted half a day. (I couldn't just change the key because it rejected my legit original upgrade key.)
But in my experience that's a distinct minority, most people with XP Pro VLK/MSDN didn't actually have a legit version of XP Pro. They had a legit version of Windows XP Home, or an older version of windows... but not XP Pro.
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Also, remember that the upgrade copy will ask for the CD of the original OEM copy. God forbid you lose THAT.
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WRONG
This just isn't true, and the result of Microsoft v. Zamos demonstrates that even Microsoft knows this isn't true.
Novell v. Network Trade Center 25 F. Supp. 2d 1218 (C.D. Utah 1997) ruled that the purchaser is an "owner" by way of sale, "... and is entitled to the use and enjoyment of the software with the same rights as exist in the purchase of any other good. Said software transactions do not merely constitute the sale of a license to use the software.
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Still wrong: Vault v. Quaid, 847 F.2d 255 (5th Cir. 1988) says that the EULA isn't valid.
And I can modify their software to function correctly, see Galoob v. Nintendo, 780 F. Supp 1283 (N.D. Cal. 1991)
TiVO has nothing to do with this. You said that "OEM versions are non-transferable to new
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Content providers do not need the likes of YouTube etc to survive, however the adverse is not true, YouTube does not exist without content providers.
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And you don't see a fatal flaw in your reasoning ?
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> stand on.
Control is controlled by the copyright owners. They own the copyright, so they have the moral and often the legal right to control access to the material. If Google wants to pay billions for a method of distributing copyrighted material then it has to enter into a contract with the copyright owners, otherwise it might prove to be something of a
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I own this world. I put a flag in my backyard. Now I have the moral right to control access to it. I don't like what you're saying to people. Get off my planet.
What makes your statement more true than mine?
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Which gets to the really relevant question. What is in it for the rest of us if we enforce the arbitrary copying rules that you like so much, and are we REALLY on your side at all, or have we just not quite woken up enough to realize that we have a choice about it.
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The correct tone for a creator to have when discussing the continuation of copyright is that of a salesman attempting to pitch the advantages. Not one of moral outrage.
The correct approach is to have a clear idea as to precisely what it is that you as a creator are hoping to get by perpetuating copyright. Security, reputation, etc.
Then you should use a little humility and be ready to consider that there might be ways you could get what you want through different means that h
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That's half of it, actually. The other objective of copyright law is to have as little or no copyright law as possible, on the grounds that it is in the public interest for works to be free to use and disseminate in any manner, without permission, and without cost.
So it's not good eno
Moral? (Score:2)
As to the idea that professionals make stuff that is good, my counterexamples are "American I
Re:Youtube (Score:5, Insightful)
I can tolerate copyright on utilitarian grounds, but it is basically amoral, and if not that, then immoral.
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What's the point? (Score:2, Insightful)
Heck, if you don't even get a preview/prelisten of the movies/songs you are interested in in the first place, how do you know whether you'll want to buy them later? And they still wonder why their revenue is on the decline?
These guys should get a clue from RadioHead.
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What next? Sue movie theaters for displaying trailers of films you didn't pay to see in the first place?
Wha? I don't get this "next step" of yours. If a theater was showing trailers without permission you can bet your ass there'd be trouble. However movie theaters don['t do that. Instead they get paid to show the ads. This makes no sense.
Heck, if you don't even get a preview/prelisten of the movies/songs you are interested in in the first place, how do you know whether you'll want to buy them later? And they still wonder why their revenue is on the decline?
These guys should get a clue from RadioHead.
Exactly. The free market decides who wins and loses. If society rules this filter too draconian they'll move to content that isn't protected by the filter.
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Why? Simple - inertia. Same as with Windows, people hate it but they just got used to it. It's too hard to change the habits.
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If you grab the album of bit torrent you can do as you please, listen to it decide what you feel its worth with no obligation to buy. Having got it from bit torrent you haven't cost RadioHead anything.
In fact you might even be helping to raise interest in this album and you may decide it's worth paying for and do so.
Well why bother doing that? Pure self interest if people don't buy it, then there is little incentive for them to do the same with their ne
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Man, I'm going to have to start calling you free-market-sees-all-knows-all guys a bunch of religious nuts from now on.
If they had a working filter and people were circumventing it, the RIAA/MPAA would definitely try to make it a legal requirement to be used everywhere. You must fight politically for your freedoms or lose them.
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actually, to be precise, people who don't use it will be ruled "negligent" and fined or arrested for aiding copyright infringment: this is great since there will be no need to involve democratic representatives and pay their usual "consulting fees"
You misunderstand. There is content all [webscription.net] over [reallifecomics.com] the [digitaltrouble.com] internet [swreality.net] that wouldn't be protected by this filter. Anyone could easily move to these content producers and enjoy their work and support them in not being overprotective with their copyright.
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If the MAFIAA get their way, linux will be verboten and only systems with inherent copyright enforcement mechanisms will be considered legally acceptable. It isn't about the content, it's about 100% deployment of the "filter" aka DRM systems that will be a drag on us all.
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Given that everything you create is copyrighted (including things explicitly written for display on the web), not displaying anything copyrighted would basically mean completely emptying the web. Yes, this post is copyrighted (through the simple fact that I wrote it just now), and therefore disallowing any copyrighted stuff on the net would mean it couldn't be displayed.
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They don't want a filter on every copyrighted document. They want a system which allows them to declare which files are published in violation of their copyright, and they want it to be a standardized (and automated) system so that they don't have to look for contact information,
Will such a filter system also allow 'Joe Public' who has uploaded his photos or videos to police the copyright in his works? Or, as usual, will it only be the large traditional 'media' corporations whose copyright will be 'protected' by these automatic measures?
It shouldn't (Score:2, Redundant)
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They could also get the providers to force web sites to run the filtering software or not allow them access the the internet. This would have major freedom of speech implications and would mo
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Oh no, it won't be in either. It'll be in the computer's hardware (BIOS?) and will be required to be active for the programs that the OS is able to run to function. I have mentioned before that we will come to a time where the Internet as we know it will no longer exist in the way we see it now. There will be the "Trusted Computing" Internet where these low-jacked computers will co
Re:It shouldn't (Score:5, Insightful)
Actually, this sort of thing happened back in the 1980s, when we had a lot of commercial networks, controlled by the corporations, each one in use by only a small set of corporate customers. Then news got out about this other network called the "Internet", built on government projects by a flock of "hackers", and not controlled by anyone.
It's pretty clear which one people decided to use.
So now the corporate world is hard at work bringing the Internet to heel, with strict corporate controls on what you and I can see or do. If they succeed, your scenario will happen once again. And as the Internet becomes as unusable as all those other networks back in the 1980s, people will slowly move to the network that actually works.
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After all, people SHOULDN'T be providing copyrighted content except under fair use laws.
This view is all well and good, but (1) fair use is not a right backed by a law, it's a doctrine (it's essentially a recognized loophole or accepted defense), and (2) the four factors governing what is fair use and what is not fair use are purposely vague, so as to require a reasonable legal debate (read: lawsuit) of each and every instance of purported fair/unfair usage of copyrighted content. Fair Use cannot be encoded into a machine.
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See http://www.copyright.gov/fls/fl102.html/ [copyright.gov] :
"This doctrine has been codified in section 107 of the copyright law."
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The right is the right of free speech/press, and there is a statute regarding fair use at 17 USC 107 (though it remains a judicial doctrine, which does have the force of law in our common law system).
Fair Use cannot be encoded into a machine.
Quite true. Even the courts often have difficulty with it.
These people are scumbag. (Score:2)
What I must ask, where are efforts to fight these people? Do you realize these people hate the Internet? They will stop at nothing to dismantle the Internet.
So don't buy their crap (Score:2)
You are paying them. You are supporting them. You are encouraging them. You are to blame.
You want to stop them?
Stop watching their films. Stop reading their newspapers and magazines. Stop watching their TV shows. Stop listening to their music. Boycott them.
If you're not willing to do that, well you can go fuck off, I'm not interested in what you have to say.
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Disaster strikes (Score:4, Funny)
TWW
Hey, while we are at it..... (Score:2)
While we are at it, it's high time that flying ponies were standardized across all little girl's bedrooms. There is absolutely no reason why some of them should be pink, while others are purple an
Idiotic ideas like this... (Score:2)
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It's all a big joke (Score:5, Funny)
It will read like this:
Your Rights Online: [slashdot.org] MPAA admit that everything they have said for the last 5 years has been a practical joke
Posted by kdawson on Tuesday Cantrembember 75th @ 27:00
from the i-knew-it department
Anonymous Coward writes:
"The lawsuits, the absurd DRM, the crazy "the entire industry is going to collapse" rhetoric - we never believed any of this crap", said a spokesman. "What actually happened was someone suggested that perhaps we could somehow start announcing these ridiculous ideas, record the reaction then release it as a movie. Kind of like The Truman Show [imdb.com], only much much bigger."
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Now you've done it... (Score:2)
Not that we'll notice, what with all of those flying pigs and all, but still.
Oh hi Microsoft, fancy meeting you here. (Score:2)
Media companies want it both ways... (Score:4, Interesting)
Viacom says "we believe in following the consumers". The real quote was "We believe in following the consumers as long as it pleases us. Otherwise fuck the consumers."
Economics 101 (Score:3, Interesting)
This is because of the asymmetric costs. A false positive will cost them nothing, but the poster will get zapped. Indeed blockingd free content will serve the industry quite nicely.
There are >50 content formats, and new ones keep appearing. If the "standard" filter cannot read them, then the obvious thing to do is ban them.
You've now established a monopoly where only "approved" formats are allowed.
Even if it is an open standard, who writes the filter for new formats ? More importantly, who pays ?
It is also an arms race, and I think we can be clear that the "standard" filter will not be open source.
DRM attracts crackers in direct proportion to it's success. Many crackers may not be fans of economics, but their goals are easily modelled in economic terms.
They want to take out the "big beast" current filters are small, unsucessful critters.
Cracking the industry standard media filter will be more of a coup than breaking WEP, and thus inevitably be swamped.
Also, an entertaining technical/legal point is so many site use Linux so the GPL may get involved.
Just pull the plug (Score:2)
Okay, so
what a Microsoft tool (Score:2)
I think what's really going on here is that Microsoft is egging on Viacom to gain an advantage for themselves.
Give them the filter (Score:5, Interesting)
Content Filters & Trusted Computing (Score:2, Insightful)
And I want free naked women, Viacom! (Score:2)
He doesn't have a clue....what he is wanting. (Score:2, Insightful)
The moment anything is published it is copyrighted. Its about prior art, establishing it.
The only way to fulfill what he wants is to take down the whole world wide internet.
Considering everything is copyrighted. The real question is: when are such people going to
get a clue that what they want is simple not going to happen. Not everyone wants to constrain
their works
A clue that its getting time for fundamental changes in the way we live and exchange value?
If the wo
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The moment anything is published it is copyrighted. Its about prior art, establishing it.
No, the moment any copyrightable work is created, it is copyrighted. Publication is no longer a factor, though it really ought to be as it is extremely wasteful to have unpublished copyrighted works. (A modicum of protection for a work which is created, unpublished, but which is soon going to be published is tolerable, as we don't really want to encourage piracy of manuscript
Skip TFA (Score:4, Interesting)
Considering who's on the press release - NBC Universal, Disney, Viacom, Fox, Microsoft, MySpace, Dailymotion (who?), veoh (who??) - the proposed principles are actually fairly balanced. They mention fair use four times, including a statement that "When sending notices and making claims of infringement, Copyright Owners should accommodate fair use" and "If the UGC Service is able to identify specific links that solely direct users to particular non-infringing content on such [piracy-oriented] sites, the UGC Service may allow those links while blocking all other links" and even "If a UGC Service adheres to all of these Principles in good faith, the Copyright Owner should not assert a claim of copyright infringement against such UGC Service with respect to infringing user-uploaded content that might remain on the UGC Service despite such adherence to these Principles."
It's worth reading the whole principles statement. I'm sure there are things that could be tweaked, but there are no major outrages that jump out at me; I'm actually kinda impressed.
confused desires (Score:4, Funny)
He seems to be confusing "responsible" with "threatened."
Proposed Copyright Standard (Score:5, Informative)
How about we suggest the following standard:
1. the © character (Unicode 00A9, or decimal 251), followed by
2. the date of the copyright, followed by
3. the name of the copyright holder, optionally followed by
4. an email or web address to contact the copyright holder
I've heard that a system similar to this (but lacking part 4.) is already in use in some publications.
Such a copyright standard would make it easy to use hundreds (or thousands) of programs that already exist to filter copyrighted material and determine what to do with it.
Think anyone would go for it?
Maybe we should write up an RFC
Re:Proposed Copyright Standard (Score:4, Funny)
Architecture is a Useful Art.
Brittney Spears is Not.
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Architecture is a Useful Art.
Brittney Spears is Not.
You've got that backwards, actually. Patents deal with the useful arts, while copyrights deal with science. Remember, the Constitution was written in the late 18th century, and the English language is one which changes quite a lot. In the English of the da
I give up. (Score:2)
I think I'm just going to swear off of music and video all together and find other uses for my time. I'm serious. I've already canceled the cable TV.
The day a copyright ID system is created... (Score:2)
It's only about 10 times easier if the system is well understood and published.
I have a very hard time believing that an uncrackable system like this is even theoretically possible. Anything even remotely good would have to be some kind of sophisticated computer vision system, that could automatically identify the face of say Steven Colbert. Even the good face identifications have large amounts of fals
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There are important lessons here (Score:2)
Incompatible systems. Hmm...I wonder if the fine gentleman from Viacom also understands how big of a drain all these incompatible DRM systems, some with rootkits, are to their consumers. Probably not.
imeem.com + filtering + ad revshare = profit (Score:3, Interesting)
And what will this ... (Score:2)
Since All You Have To Do... (Score:2)
If anything, this would make encryption much more wide-spread among savvy users.
1 DRM System (Score:2)
One DRM system to protect them all.
And only one DRM system afterwards to break-through.
This might not be as bad as it sounds. They're outnumbered a million crackers to one DRM system.
He sounds like RMS... well, almost! (Score:2)
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Frankly, they need less of a say about what goes on online, not more. The internet was never designed to be their bitch where people can only do what the various media and entertainment companies want.
Nice strawman. However if the entertainment and media companies decided that people couldn't post on any forums except their own, they wouldn't be able to stop us. All their doing is controlling a small portion of people's activities based on copyright law which the constitution gives Congress the ability to create. In my opinion the law is currently unconstitutional but I'd rather see people work towards copyright reform rather then create an anarchist society where people do whatever they want. It certai
on anarchy (Score:2)
Please, get a clue and stop spreading the FUD about anarchists.
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Essentially you are arguing that you have some abstract right to make a living from your creative works. If I can't make enough money at something I feel like doing, why is it that I can't demand laws to keep cash flowing in my direction? Maybe I do
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I want to make a living filing bug reports for Debian, posting on slashdot, and doing other things I do in the normal course of my day. Why should I be forced to get a second job because I have no hope of making a living from my work that others clearly enjoy?
Fortunately here at the USofA you have the ability to try. In a society where there is no copyright protection you don't have the ability to try.
If I can't make enough money at something I feel like doing, why is it that I can't demand laws to keep cash flowing in my direction?
You seem to misunderstand copyright law. A copyright holder can't demand cash keep flowing to him, he can only demand that for a limited number of years he have a monopoly on publishing his work as granted by the Constitution. Piracy is, funnily enough, unconstitutional.
Why is it that making music is?
Because the constitution says it is, and we as a society also say it is. It is believed that
Re:on anarchy (Score:5, Insightful)
The current duration of copyright is effectively infinite, and will be extended as necessary by the likes of Disney. You can no longer use the "limited duration" of copyright in any rational discourse on this subject. Also, since you brought up the Constitution, I feel compelled to point out that the Founders did not intend copyright to provide an unlimited cash flow to content creators. They certainly did not intend it to have the dramatic negative effects that modern copyright law is having on the whole of our society. No sir. The intent was to enrich the public domain, so that all can benefit from the creative minds among us.
So, copyright holders got a limited time to make a buck: the presumption (and it was only a presumption) was that potential remuneration was required to encourage the production of such works. The fact that you believe that to be true has little to do with the primary function of American copyright, which was to make more creative works available to all. Jefferson himself considered copyright to be a loan from the public domain! Ideas and creative works were never meant to be kept under private control indefinitely, yet that is precisely what has happened. It's my belief that we would be far better off abolishing copyright completely rather than maintain the current state of affairs. Modern copyright is diametrically opposed in purpose and effect to what the Founders wanted: a vibrant public domain that enriches us all.
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Re:on anarchy (Score:4, Insightful)
You seem to think copyright protection should be a given. Why shouldn't there be some sort of legal protection to allow me to at least try to make money off of filing bug reports? I'm sure you know that most musicians don't make money off of copyright, but from performances. Most musicians really don't need copyright to make money. Radiohead's recent album might as well be public domain for all intents and purposes since they are giving it away to anyone who asks for it, and they've made about $6,000,000. They've got a better than 0% chance. I hope that dada21 is reading this so that he can put his word in. I believe he is working on music production for artists that don't utilize copyright. AFAIK, his artist partners are making money w/o the benefit of copyright. Which...the only reason why he'd want the monopoly is to keep cash flowing to him.
Piracy is not unconstiutional. Piracy is spelled out in Article 1, Section 8:
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; So congress can define and punish piracy, but it doesn't have to. Getting back on topic:
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
Congress has the power to establish copyrights and patents, but it is not commanded to do so. Famously, Thomas Jefferson was very much against copyrights. In any case, the Constitution restricts the government, not people, so the Constitution cannot declare the actions of a private citizen to be repugnant to itself. What you mean to say copyright infringement is illegal under current law. The constitution singles out only authors and inventors. I am an author of this post, but I have no possibility of making any money from it even if it was copyrighted*. Copyright as a means to try to make profit off of one's works isn't as important as you think it is. And judging from the amount of people my age (early-to-mid 20s) who download music illegally, your argument that society supports copyright is suspect.
When all is said and done you believe that people who make creative works should be allowed to try to make a profit from them. That is fine, but you believe they are entitled to special rights to that effect which allow them to be paid again and again for work they've already done. No other profession I'm aware of allows for such special rights. I don't get royalty checks for my previous consulting gig, even though they are still using the systems I set up for them. Why authors and inventors should get a special pass, I don't know.
*All my posts are public domain.
** I support a limited copyright as intended by the founders. A copyright that has the goal of enriching the public domain. I believe a term of approximately 10 years with an optional 5 year extension to be optimal.
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I guess simply, those who pirate your works are violating your wishes to be paid for the property you are selling. The pirates are breaking the state of anarchy.
However, the issue of digital content is bigger than this. What about the people who would not pay for your work anyway, and only download it because they can (which I believe is most people) ? What kind of ethic is it to hoard something that is infinitely reproducible, denying it from those that simply can no
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However, the issue of digital content is bigger than this. What about the people who would not pay for your work anyway, and only download it because they can (which I believe is most people) ? What kind of ethic is it to hoard something that is infinitely reproducible, denying it from those that simply can not make the money to pay?
This is where the "anarchist" ideal seems to break down. Whose desire is more important? A difficult question.
You may suffer, but many others benefit. Not ideal, you lose in this situation. Perhaps we can be more holistic in our analysis - how can we setup a system where people have food on the table, a roof over their head and be able to work on the art/craft of their choice....and give it to the world for free if its digital.
It would/should be based on how many different people access the content (download it in the case of internet based content). As if a person was only provided enough to eat and sleep, why shouldn't that person have the ability to own a television? Or have broadband internet? Or have the ability to live in a life of luxury? In the current market we allow people the opportunity to have these things,
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Here's another spin (Score:3, Interesting)
What does the tech industry get out of it?
The ability to willingly limit what can be posted on their website for the price of no longer having to manually stop their users from breaking the law.
how long until our good buddies at the justice department start to demand that other filters be put into place besides copyright ones?
That's irrelevant. What matters is how long until we get
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No the copyright holders want to get compensation for people accessing their content as the United States Constitution allows them to.
You have noticed the kinds of laws that they lobby for, right? Since when do they give a damn what the Constitution says?
I'm also open to suggestions on how to do this, although one thing I'm doing is voting the next election. Will you at least do that much?
I vote, but there's not much chance of that making a difference. They've got the congressional districts so rigged that it's usually a foregone conclusion as to who is going to win. You can vote for the president, but the only people that get to discuss copyright law with the president's people are the ones that shell out the money to get the attention. They tell congress that the s
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No.
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Hold on a minute. Isn't *all* content copyright protected?
No.
The anon is mostly correct. It's not all, but it's so close as to make no difference.
I mean everything that gets written down, recorded, or whatever, is instantly protected.
Under current copyright law, just about everything is instantly under copyright. This comment is copyrighted to me the instant I hit "submit" and "publish" it.
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Re:Might not be such a bad thing.SOUND EXCHANGE (Score:2)
Never forget Sound Exchange, who feels they own your music whenever it's broadcast in order to collect royalt