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  SkyBlue
join:2007-03-31 | Another issue that needs fixing DMCA Good information.
This needs to be addressed its gone to far.
Riaa is going nuts.
Thanks for the top 10 list of torrents. | |
|  |  amigo_boy
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| Re: Another issue that needs fixing DMCA said by SkyBlue :This needs to be addressed its gone to far. IMO, it will never be addressed unless affects more people (generating more grass-roots activism or civil disobedience). I don't think most people care about the origins of copyright or the balance it was intended to strike between facilitating a market (through social, public law) and recompensing society as the ultimate property owner (through Public Domain).
If the vast majority don't see a value from Public Domain, there will be little political influence (as corporations and special interest groups representing artists lobby for the value they see in the other side of the equation).
I think that's the challenge. How to make the vast disinterested aware of the issues in terms they can understand.
Mark | |
|  |  |   bear73 Metnav... Fly The Unfriendly Skies Premium join:2001-06-09 Grand Forks Afb, ND
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| Re: Another issue that needs fixing DMCA said by amigo_boy :said by SkyBlue :This needs to be addressed its gone to far. IMO, it will never be addressed unless affects more people (generating more grass-roots activism or civil disobedience). I don't think most people care about the origins of copyright or the balance it was intended to strike between facilitating a market (through social, public law) and recompensing society as the ultimate property owner (through Public Domain). If the vast majority don't see a value from Public Domain, there will be little political influence (as corporations and special interest groups representing artists lobby for the value they see in the other side of the equation). I think that's the challenge. How to make the vast disinterested aware of the issues in terms they can understand. Mark ya hit that one in hte bullseye... -- If ya gotta go, Go with a SMILE! | |
|  |  |   SkyBlue
join:2007-03-31
| said by amigo_boy :said by SkyBlue :This needs to be addressed its gone to far. IMO, it will never be addressed unless affects more people (generating more grass-roots activism or civil disobedience). I don't think most people care about the origins of copyright or the balance it was intended to strike between facilitating a market (through social, public law) and recompensing society as the ultimate property owner (through Public Domain). If the vast majority don't see a value from Public Domain, there will be little political influence (as corporations and special interest groups representing artists lobby for the value they see in the other side of the equation). I think that's the challenge. How to make the vast disinterested aware of the issues in terms they can understand. Mark So there is your challenge for you. Start a special interest group and call it for the people and explain how it effects the average person in the long term.
Just like tobacco. Long term effects of second hand smoke.
Well long term effects from long term exposure to RIAA and the DMCA can cause certain cancer that is linked to your rights and priviledges as a citizen.
You get the idea. You seem to have a good idea. Now is your chance take advantage of it your freedom of speech. Tell others  | |
|  |   supergirl
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| said by SkyBlue :Good information. This needs to be addressed its gone to far. Riaa is going nuts. Thanks for the top 10 list of torrents. Actually, the MPAA are like the Klingons, about to be out of existence and to technology resistance is futile.
More Stupid RIAA News (all fake but could happen)
-RIAA sues George W. Bush of Crawford, TX for illegally downloading Celine Dion songs to his computer then to his iPod. After the RIAA found out he was the President of the United States and the U.S. AG cited "Executive Privilege", the RIAA dropped the case.
-RIAA sues dying man of cancer in hospital for $100,000 for ripping CDs to a laptop owned by the hospital. "It's not his laptop nor his CDs. Just because he's dying of cancer, THE LAW IS THE LAW!!!" said Ira Schwartz.
-RIAA sues U.S. Soldiers for recording an event at the USO. The soldiers, most missing a limb from Iraq, were stunned at the lawsuit. Dick Cheney took the two RIAA lawyers hunting and they haven't been heard from since.
-RIAA plants "fake" students at Universities to catch Illegal Downloaders. University of Chicago was none too happy and had all 4 "students" arrested for trespassing, violating the Computer Fraud & Abuse Act for using college computers illegally, and one for impersonating a University Police Officer.
-RIAA sues Chinese Citizens for a collective $100 billion. In turn, the Chinese release their entire catalog of music online for anyone to download worldwide except Britney Spears since, as China's President said, "She's a bad role model for kids and so is her sister." -- Saving the world keeps me busy. However, I find Earth very primitive from my home planet of Krypton. -Supergirl | |
|  |  |   SkyBlue
join:2007-03-31
edit: December 31st, @02:10PM
| Re: Another issue that needs fixing DMCA said by supergirl :said by SkyBlue :Good information. This needs to be addressed its gone to far. Riaa is going nuts. Thanks for the top 10 list of torrents. Actually, the MPAA are like the Klingons, about to be out of existence and to technology resistance is futile. More Stupid RIAA News (all fake but could happen) -RIAA sues George W. Bush of Crawford, TX for illegally downloading Celine Dion songs to his computer then to his iPod. After the RIAA found out he was the President of the United States and the U.S. AG cited "Executive Privilege", the RIAA dropped the case. -RIAA sues dying man of cancer in hospital for $100,000 for ripping CDs to a laptop owned by the hospital. "It's not his laptop nor his CDs. Just because he's dying of cancer, THE LAW IS THE LAW!!!" said Ira Schwartz. -RIAA sues U.S. Soldiers for recording an event at the USO. The soldiers, most missing a limb from Iraq, were stunned at the lawsuit. Dick Cheney took the two RIAA lawyers hunting and they haven't been heard from since. -RIAA plants "fake" students at Universities to catch Illegal Downloaders. University of Chicago was none too happy and had all 4 "students" arrested for trespassing, violating the Computer Fraud & Abuse Act for using college computers illegally, and one for impersonating a University Police Officer. -RIAA sues Chinese Citizens for a collective $100 billion. In turn, the Chinese release their entire catalog of music online for anyone to download worldwide except Britney Spears since, as China's President said, "She's a bad role model for kids and so is her sister." True very true.
That scenerio Just goes to show you how far RIAA is going to go to terrorize people even on there death bed.
RIAA is not big brother and should be ignored at all costs. As long as your nose is clean they are full of it. | |
|  |  |  |  attsbcisgay
join:2003-03-18 Beverly Hills, CA
| Re: Another issue that needs fixing DMCA
said by SkyBlue :said by supergirl :said by SkyBlue :Good information. This needs to be addressed its gone to far. Riaa is going nuts. Thanks for the top 10 list of torrents. Actually, the MPAA are like the Klingons, about to be out of existence and to technology resistance is futile. More Stupid RIAA News (all fake but could happen) -RIAA sues George W. Bush of Crawford, TX for illegally downloading Celine Dion songs to his computer then to his iPod. After the RIAA found out he was the President of the United States and the U.S. AG cited "Executive Privilege", the RIAA dropped the case. -RIAA sues dying man of cancer in hospital for $100,000 for ripping CDs to a laptop owned by the hospital. "It's not his laptop nor his CDs. Just because he's dying of cancer, THE LAW IS THE LAW!!!" said Ira Schwartz. -RIAA sues U.S. Soldiers for recording an event at the USO. The soldiers, most missing a limb from Iraq, were stunned at the lawsuit. Dick Cheney took the two RIAA lawyers hunting and they haven't been heard from since. -RIAA plants "fake" students at Universities to catch Illegal Downloaders. University of Chicago was none too happy and had all 4 "students" arrested for trespassing, violating the Computer Fraud & Abuse Act for using college computers illegally, and one for impersonating a University Police Officer. -RIAA sues Chinese Citizens for a collective $100 billion. In turn, the Chinese release their entire catalog of music online for anyone to download worldwide except Britney Spears since, as China's President said, "She's a bad role model for kids and so is her sister." True very true. That scenerio Just goes to show you how far RIAA is going to go to terrorize people even on there death bed. RIAA is not big brother and should be ignored at all costs. As long as your nose is clean they are full of it. Like I said it is just scare tactics Trumatize based all lies none truth. | |
|   BAF Baffles Premium join:2004-02-22 South Glens Falls, NY clubs:
| Slingbox Slingbox isn't a recording technology (like a DVR). They had planned a sling & catch recording/rewind/whatever feature, but that never came to the light of day.
Slingbox IS a re-broadcaster, but it doesn't record. -- BAF - BAFServ.com Webhosting | |
|   kba4
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| broadcast? I'm pretty sure that the term 'broadcast' refers to the ability to send the multimedia content to a wide group of 'receivers', not simply to transmit highly compressed versions of content between a private connection (or even over the Internet) between One' hosting and client PC. Also consider the time in which the laws were written, this was a time when the best a broadcaster could do was construct a high antenna and invest lots of money into their 'station'... PC's and broadband weren't even a fantasy at that time. -- illegal wars, prisoners with no trials, and state controlled media. welcome to the land of the free! | |
|  |  |  |   bear73 Metnav... Fly The Unfriendly Skies Premium join:2001-06-09 Grand Forks Afb, ND
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| hence the reason it all needs to be re-assesed and U-Maine has begun allowing law students to defend fellow students against RIAA and MPAA. The law students are closer to the technology and have a (presumed) better understanding of it. -- If ya gotta go, Go with a SMILE! | |
|  |   PolarBear The bear formerly known as aaron8301
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·CableOne
| I also agree with kba4 and n1zuk. You are still only using the output of one receiver (cable box, sat receiver, whatever) to watch TV with.
I can take the coax output from my DTV receiver, run it through a splitter, and send that signal to two TVs at the same time. THAT'S legal. So why can't I take that output and send it over the internet to another TV, instead of over coax? All it is is a different transport medium. I can still only watch one channel at a time, just in a different location, just like if I split the coax to two TVs. | |
|  |  |  amigo_boy
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| Re: In defense of copyright laws said by TK Junk Mail :libertarian nation It loses a lot of credibility claiming a bias toward libertarianism. The article's premise is that contracts and licenses are an option. Like so many things in libertarianism, they're not realistic.
Let's say someone writes a book and sells it to me with conditions stipulated in a contract (initial each paragraph, etc.). I give the book to you. You digitize it and put it online. Free for all to use. You're not guilty of breach of contract because you're not a party to the contract. You're not obligated to say how you obtained the book. Therefore, it would never come back to me as breaching the contract.
This is the reason societies implemented social moderations to private, common-law property transfers hundreds of years ago. They realized there was no good way to encourage creative people to create without a universal, public limitation on property transfer. It was recognized that society benefits when creative people create. Therefore they were given "limited monopolies" on their works.
The problem is that today we've lost sight of society's role in facilitating a market that would not exist in a purely libertarian/anarchic/free-market world. Artists and publishers have been given an almost complete monopoly. Society benefits very little for its role in facilitating this market.
Maybe the solution is indeed to revert to contracts. Artists and publishers would realize very quickly how dependent they are upon society for their trade. Maybe they'd settle for more "fair use" and shorter durations.
Mark | |
|  |  |   smashed potatoes
@sbcglobal.net
| Re: In defense of copyright laws said by amigo_boy :The problem is that today we've lost sight of society's role in facilitating a market that would not exist in a purely libertarian/anarchic/free-market world. What is it about people and their understanding of libertarianism where libertarianism is, somehow, equated with a loss of property rights? Oh, and equating Libertarianism and anarchy is flat-out wrong as they are two different things.
Can you do me a favor and please read up on what libertarianism actually is before you go around creating the impression that it's not about protecting private property rights? Libertarians are probably the staunchest advocates of private property you can hope to find because they realize that property rights are the basis of society.
And as far as your charge of libertarianism being "unrealistic," I think you'll find that the world already works largely according to libertarian principles. The government cannot reasonably be expected to be everywhere at once using force and coercion to uphold peoples' "rights," which means that if most transactions weren't conducted on a peaceful basis where both parties perceived a benefit, society would quickly break down.
Remember: "Its not the things you dont know that get you, its the things you know that just arent so. | |
|  |  |  |   SRFireside
join:2001-01-19 Houston, TX | Re: In defense of copyright laws The post was about the articles view on copyright, which is unrealistic. | |
|  |  |  |  amigo_boy
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| said by smashed potatoes :
What is it about people and their understanding of libertarianism where libertarianism is, somehow, equated with a loss of property rights?
I don't equate it with a loss of property rights. I equate it to simplistic notions that our markets aren't heavily socialized, and should be. Libertarianism is a contradiction. Demanding that everything must be based on the non-coercion rule, and then sidestepping how that would work in reality (or, that it means *all* of our socialized markets must revert back to the bad old days).
The article on copyright is a good example, saying private contracts would suffice -- but leaving out the details concerning reality which I described (or, saying the copyright symbol would still be used, but glossing over how this would be a social creation, with all the "some win, some lose" problems that come with social moderation of markets.).
said by smashed potatoes :
Oh, and equating Libertarianism and anarchy is flat-out wrong as they are two different things.
If libertarianism is taken to it's logical, "principled" conclusion, it is anarchy. There is no way to adhere to the "no coercion" rule without leading to the ultimate coercion: The social contract which we're each born into, and cannot opt out of. From there it's a matter of degrees (from public roads, to food and drug quality laws).
Some libertarians are pragmatic, accepting that the "non-coercion" principle can't be taken literally. But, that makes them just like everyone else: Debating which forms of coercion are good. It also makes them a bit hypocritical because everyone else isn't claiming to stand on moral high-ground, speaking in absolutes, taking advantage of a great deal of social coercion -- while talking like it's evil.
said by smashed potatoes :
And as far as your charge of libertarianism being "unrealistic," I think you'll find that the world already works largely according to libertarian principles. ... which means that if most transactions weren't conducted on a peaceful basis where both parties perceived a benefit, society would quickly break down. This is like saying Stalin kissed his wife, therefore he was a loving person. It ignores *everything else* about libertarianism. Everything about our world considered mainstream, but which conflicts with libertarianism's simplistic non-coercion principle.
If libertarians want to accept all the realistic coercion the world has come to accept and enjoy (for stable, predictable markets, etc.) that's fine. But, they shouldn't be talking like they stand for something different.
Heck, even Ayn Rand (inspiration for the modern libertarian movement) criticized the creation of the Libertarian Party. Even she knew her own absolutist rhetoric had no place in reality.
Mark | |
|  |  |  |  |   libert
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| Re: In defense of copyright laws said by amigo_boy :said by smashed potatoes :
Oh, and equating Libertarianism and anarchy is flat-out wrong as they are two different things. If libertarianism is taken to it's logical, "principled" conclusion, it is anarchy. There is no way to adhere to the "no coercion" rule without leading to the ultimate coercion: Libertarianism does indeed acknowledge that contracts have to be enforceable. So please stop claiming that Libertarians do not believe in coercion in any and all circumstances. If you and I sign a contract, and you break the terms of the contract, then there has to be a way that you are penalized for doing so. And Libertarianism does allow for this. The difference being that rather than contracts being enforced through the "public" courts and the "public" cops, they would be enforced through private arbitration and private enforcement firms.
But the mechanism for enforcement is still there.
Again, and for the final time, libertarians acknowlege that property rights are the basis of society. Please stop claiming that the "logical 'principled' conclusion" of libertarianism is anarchy. It isn't. That's a "conclusion" that you, and you alone, are drawing.
said by amigo_boy :The social contract which we're each born into, and cannot opt out of. From there it's a matter of degrees (from public roads, to food and drug quality laws). One of the important attributes of a contract is that the duration of that contract is defined. Telling me that I have, somehow, agreed to a "social contract" that I have no hope of opting out of, ever, means that it is *not* a valid contract.
Contracts also have penalties for nonperformance. Telling me that I'm co-party to a "social contract" without defining what the penalties are for non-performance (yes, on both sides) doesn't sound like a contract to me.
If you want to charge me for, say, the use of a particular road, fine: tell me what the price is and I'll see if I care to meet it to have the use of that road. But please don't tell me I have an "obligation" to pay for roads that I don't use and have no intention of using because that's absurd.
I'm familiar with the old "we're all in a social contract" argument and, no, it doesn't bear up to close scrutiny. True contracts have carefully (not vaguely) defined terms and conditions that this so-called "social contract" always mysteriously seems to lack.
At any rate, it's obvious that you're defining "libertarianism" in a self-serving way to mean what you want it to mean. Again, I invite you to look into what libertarianism actually is before you make any further claims as to what libertarians believe. | |
|  |  |  |  |  |  amigo_boy
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| Re: In defense of copyright laws said by libert :
please stop claiming that Libertarians do not believe in coercion in any and all circumstances. If you and I sign a contract, and you break the terms of the contract, then there has to be a way that you are penalized for doing so. You're reading more into what I said than I actually did say. Libertarians believe all contracts must be private ones. That way it's not coercive, rather than, say, public law and the social contract (which we were born into, and can't opt out of) which copyright is based upon.
said by libert :
Please stop claiming that the "logical 'principled' conclusion" of libertarianism is anarchy. It isn't. Further in your reply you admit that the social contract is a form of coercion. I.e., it should be optional for each and every person. That sounds a lot like anarchy (as I originally said.).
Also, I'd like you to respond to how copyright would be replaced in a non-coercive (private-contract) world of libertarianism. As I mentioned a few posts ago, private contracts won't serve the purpose because, if I sign the contract and give the book (for example) to a friend who copies and distributes it, that person can't be affected because they weren't a party to the contract. You'd never know I breached my contract because the person I gave the book to isn't obligated to inform you where they obtained it (not being a party to our contract).
I'm just taking you at your own word. Earlier in your reply you described private contracts resolved not through "public courts and cops" but private arbitration, etc. How in the world would you ever obtain effective transfer of intellectual property under such a system?
This is the point where pragmatic libertarians will jump in and say "copyright is a valid use of government." At that point the purists shut up because they like to talk about how things should work rather than how they will work. They'll never have to explain how "copyright is a valid use of government" leads back to copyright's origins: The social contract. You can't have copyright without the coercive social contract. The purists get off easy because they don't have to explain how you can have a little, without a lot. They'll continue to complain that everyone else is coercive, while trumpeting a smug, unrealistic, if not incoherent belief system.
Any Rand knew her ramblings were unrealistic. That's why she opposed the creation of the Libertarian political party. But, she continued publishing her ramblings. I guess there was good money in it. Making her an entertainer, more than anything else.
Mark | |
|  |  |  |  |  |  |   Oh boy Amigo
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| Re: In defense of copyright laws said by amigo_boy :This is the point where pragmatic libertarians will jump in and say "copyright is a valid use of government." At that point the purists shut up because they like to talk about how things should work rather than how they will work. You're acting as though if the government isn't around to enforce contracts that they won't be enforced.
Do you know what a collection agency is? It's a privately run firm that enforces contracts. And there's no reason why a private entity cannot be set up to enforce copyright laws which are, after all, an extension of property laws.
said by amigo_boy : They'll never have to explain how "copyright is a valid use of government" leads back to copyright's origins: The social contract. Governments are all about using force and coercion to gain a particular end.
When you say that "Copyright is a valid use of government" it parses out to mean "copyright is something which force and coercion should be used to enforce."
Fair enough. But why would you claim that governments have a monopoly on force and coercion? Are there no private firms that use force and coercion to obtain a desired result? There are.
said by amigo_boy :You can't have copyright without the coercive social contract. There you go with your "social contract" again. True, you can't have property laws (such as copyright) without an enforcement mechanism. But the fallacy you're guilty of is pretending that only the government can enforce property rights.
And that just isn't so. Collection agencies enforce property rights all the time.
said by amigo_boy :The purists get off easy because they don't have to explain how you can have a little, without a lot. Can we agree that enforcing property rights takes time and money? And that private firms (yes, even big ones) have a finite supply of money? And that the supply of money they have available is limited because private firms have to offer goods and services that people want and are willing to pay for?
The problem with using the government as an enforcement mechanism as part of your so-called "social contract" is that governments aren't limited in the money they can spend: they can simply confiscate more wealth from society under the guise of "needing it" to keep society going.
Because governments, after all, cannot create wealth: they can only confiscate it.
said by amigo_boy :They'll continue to complain that everyone else is coercive, while trumpeting a smug, unrealistic, if not incoherent belief system. You know, you've really given me a laugh there. Just what is it about our current political system that isn't "smug and unrealistic" if not "incoherent?"
Just because it's currently grinding away doesn't mean it has the ability to do so forever. I don't suppose you've looked at our national deficit lately, have you?
Statists often claim that the government is there to help "protect us" from rapacious corporations. But what happens when these very same "rapacious corporations" team up with the government to write laws?
Well, you have what we have now. And who, exactly, is going to protect us from the government?
said by amigo_boy :Any Rand knew her ramblings were unrealistic. That's why she opposed the creation of the Libertarian political party. She opposed the creation of the Libertarian Party because she realized that by creating a politicial party, you're agreeing to take part in the same Statist games that everyone else is currently taking part in.
IOW: you're agreeing to play a game where the rules have been pre-determined by others, which means the outcomes aren't going to be all that surprising.
said by amigo_boy : But, she continued publishing her ramblings. I guess there was good money in it. Perhaps there was. And perhaps her "ramblings" weren't as bad as you make them out to be? I say this because people don't tend to spend money on things they don't value.
Perhaps people bought what she wrote because they felt she was saying something they wanted to hear?
said by amigo_boy :Making her an entertainer, more than anything else. So you claim. Want to know what's really entertaining?
People who claim that our current political system, with its endless wars, deficits, total corruption and lies, is the only one that works. And that anything else is just "untenable."
At any rate, you were right all along, and I was wrong for thinking ever thinking that the "social contract" concept is a complete farce. I know when I'm beaten. | |
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| Re: In defense of copyright laws said by Oh boy Amigo :
Do you know what a collection agency is? It's a privately run firm that enforces contracts. And there's no reason why a private entity cannot be set up to enforce copyright laws which are, after all, an extension of property laws. Again, you didn't answer the question. If I enter into a contract with you to buy your book, and give the book to HCT who digitizes it and puts it on the web, how would a private arbiter (similar to) a collection agency have any relationship with HCT?
For the rest of your response, it doesn't seem you're willing to have a reasoned and thoughtful dialog. You're just changing topics and "trying to make it work." I see this a lot with libertarians. That's why it always seems ironic to me that libertarians call themselves "objectivists" but can't deal with libertarianism objectively. It's more like a religion to them.
Mark | |
|  |  |  |  |  |  |  |  |   The statist Quo
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| Re: In defense of copyright laws said by amigo_boy :Again, you didn't answer the question. If I enter into a contract with you to buy your book, and give the book to HCT who digitizes it and puts it on the web, how would a private arbiter (similar to) a collection agency have any relationship with HCT? So if I hire a private security firm, and someone breaks into my house, (violating my property rights) the security firm can't do anything about the break-in because the burglar never explicitly signed a contract to stay out of my house?
Come on, man.
In the scenario you described, the person who digitizes the book and puts it online is violating the property rights of the author because he is, in effect, making the book widely available to the public without any additional compensation being paid to the author of the book.
The fact that the collection agency (or copyright enforcement firm in this particular case) doesn't have a contract (or "relationship" if you prefer) with HCT is neither here not there. The author sees his book online when he did not give permission for it to be on there. How is this any different from, say, having my car stolen and then seeing it on a local used car lot? The used car dealer doesn't have an existing relationship with me, but there's no reason I cannot engage a private firm to help me get my car back, is there?
said by amigo_boy :For the rest of your response, it doesn't seem you're willing to have a reasoned and thoughtful dialog. I'm sorry if my response disappointed you, but I did the best I could.
said by amigo_boy :You're just changing topics and "trying to make it work." Whatever you say. I merely pointed out that the effectiveness of law (any law) hinges on the enforcement mechanism. And went on to tell you that private firms can act as enforcement mechanisms just as effectively (if not more so) than so-called "public" law enforcement agencies can. This may help to explain the existence of private security firms: they exist because property owners know perfectly well that the cops are not always going to be around to keep them from being ripped off.
You keep deflecting the issue by claiming that as a property holder, I have to have a contract with each and every person who could possibly rip me off. And as I've pointed out above, that just isn't so. I'm not interested in signing a "social contract" with everyone, only in protecting my own property from outside aggression. And private firms can help me attain that goal.
said by amigo_boy :I see this a lot with libertarians. That's why it always seems ironic to me that libertarians call themselves "objectivists" but can't deal with libertarianism objectively. It's more like a religion to them. That's funny, because I notice that statists display similar symptoms when people challenge their beloved status quo by pointing out that private entites are perfectly capable of fulfilling functions that they claim "only" their publicly-funded entities can.
But statism, it seems, is also a religion as well as a political outlook. | |
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| Re: In defense of copyright laws said by The statist Quo :
In the scenario you described, the person who digitizes the book and puts it online is violating the property rights of the author because he is, in effect, making the book widely available to the public without any additional compensation being paid to the author of the book. What's the basis for "violating the property rights of the author?" Will it be product of public (criminal) law describing it as "grand theft?" If so, then we're not talking about private contracts any longer. We're back to "public courts and cops" (which were originally denigrated in this thread).
And that leads us back to the social contract as the basis for both. Thus, libertarianism relies, at some point, on the very coercion it claims can be done away with (but is a little lacking when it comes down to the details).
said by The statist Quo :
How is this any different from, say, having my car stolen and then seeing it on a local used car lot? The used car dealer doesn't have an existing relationship with me, but there's no reason I cannot engage a private firm to help me get my car back, is there? Isn't that apples and oranges? 1) In the case of a car, it's identifiable as just one car, not one of a million books you sell to a million people. 2) If you use a contract to limit the property transfer (let someone have partial ownership) of the car, and the contracted party breaches the contract, giving the car to someone outside the contract, you can track it back to that person because it's one identifiable car. 3) You would rely upon DMV (a public institution) and state statues (public law) to retain title/ownership to the car. (Once again, back to the necessity of the social contract to make your argument work.).
said by The statist Quo :
And went on to tell you that private firms can act as enforcement mechanisms just as effectively (if not more so) You went on to *aver* to private firms as enforcement mechanisms. But, you haven't discussed how *everyone* would be parties to the jurisdiction of a particular private firm. All you've done is *aver* to how, today, using a basis in public law, public institutions, and "public courts and cops" a private firm can make things right.
What you haven't done is explain how private firms would have this far-reaching, universal jurisdiction in the *absence of* public law (the social contract).
Mark | |
|  |  |  |  |  |  |  |  |  |   Amigo Boys Amigo
@sbcglobal.net
| Re: In defense of copyright laws said by amigo_boy :What's the basis for "violating the property rights of the author?" Making the works of the author available free of charge? Does that not strike you as a violation of ones property?
I see where you're going with this: you're claiming that without that "social contract" you constantly refer to that there's no basis for law.
What you're not acknowledging is that many of the laws we have are simply codifications of existing practices. Stealing, for example, is wrong, and the law reflects that. The law is, after all, simply a codification of common practices. If it would make you feel better that a private firm do the codifying (rather than the government) I'm sure that could be arranged.
When a book is sold, there's no reason a EULA (or other agreement) cannot be a part of the sales process. So that when an end user is purchasing a book, they're agreeing to employ that book for personal use, and not to share it with other people "via electronic means."
For example, during liquidation sales, it's not uncommon for verbiage to appear on the sales receipt that says "all sales final, no returns." This, again, is an agreement between the buyer and the seller and has nothing to do with "social contracts."
said by amigo_boy :Will it be product of public (criminal) law describing it as "grand theft?" If so, then we're not talking about private contracts any longer. We're back to "public courts and cops" (which were originally denigrated in this thread). Why are we no longer talking about private contracts?
When I buy something with a EULA, I am, in fact, entering into an agreement between myself and the seller as to how that product will be used. Is this not a private contract?
said by amigo_boy :And that leads us back to the social contract as the basis for both. Sorry, but a EULA is not a "social contract" by any stretch of the imagination. It's an agreement between the seller and the purchaser.
If the purchaser breaks the agreement, the seller has to seek relief. You seem to be claiming that public courts are the only way to resolve disputes, but that isn't so. Private arbitration also plays a role in resolving disputes.
said by amigo_boy :Thus, libertarianism relies, at some point, on the very coercion it claims can be done away with (but is a little lacking when it comes down to the details). I've already explained to you, very carefully, that under libertarianism contracts are indeed enforceable.
So: the seller of the book goes to an arbitrator to seek relief. Arbitrator decides that the EULA has been violated and that the seller is entitled to damages. It's then up to the seller to collect those damages.
said by The statist Quo :
How is this any different from, say, having my car stolen and then seeing it on a local used car lot? The used car dealer doesn't have an existing relationship with me, but there's no reason I cannot engage a private firm to help me get my car back, is there? said by amigo_boy :Isn't that apples and oranges? It's the same principle: the protection of private property.
said by amigo_boy :1) In the case of a car, it's identifiable as just one car, not one of a million books you sell to a million people. So, for example, RIAA has to determine where, exactly, a copy of their music came from before they can prosecute someone for making it publicly available online? No, they don't: they only have to demonstrate that a violation of property rights has occurred.
said by amigo_boy :2) If you use a contract to limit the property transfer (let someone have partial ownership) of the car, and the contracted party breaches the contract, giving the car to someone outside the contract, you can track it back to that person because it's one identifiable car. Again, in the case of a book, I only have to prove that I am the author of the book and that it's being online is a violation of my property rights (per the EULA). You seem to be obsessed with me being able to determine where, exactly, the copy came from and that's irrelevant to my case. I only have to prove that my property is being misused, then go after the person who posted it online. Where they obtained the copy that they posted online has no bearing on this.
I furnished the example of someone breaking into my home, despite my employing a private security firm. The fact that the burglar is not a party to the agreement between myself and the security firm doesn't mean that they can't act to prevent him from taking my property (or to recover it if it is stolen).
said by amigo_boy :3) You would rely upon DMV (a public institution) and state statues (public law) to retain title/ownership to the car. (Once again, back to the necessity of the social contract to make your argument work.). So if the DMV stopped performing its function tomorrow, there would be no incentive for a private firm (or firms) to step in and take over the function of keeping track of who owns what car?
I would think that that would be a very lucrative business proposition.
My credit history, (and yours, too) is managed by private firms, not public institutions. If there's a strong incentive to keep track of how trustworthy people are, it's not much of a stretch to say that there's also a strong incentive to keep track of who owns what car for ownership purposes. If I drive a Mustang, for example, I'd hardly want a Yugo owner to conduct his own "trade-in" programme, would I?
said by amigo_boy :You went on to *aver* to private firms as enforcement mechanisms. But, you haven't discussed how *everyone* would be parties to the jurisdiction of a particular private firm. How, exactly, is everyone "subject" to the jurisdiction of the government right now? Has everyone (you, me, our neighbors, etc.) spontaneously agreed to let the government decide all of our issues for us? No.
We're parties to the jurisdiction of the government because if we fail to obey a particular edict or ruling, people with guns will show up to enforce it. Sorry to put things so bluntly, but that's how governments work: if you don't do as you're told, (say, pay your taxes) then people with guns will show up to make sure that you comply.
said by amigo_boy : All you've done is *aver* to how, today, using a basis in public law, Would you like to have a private firm codify the law for you? There's no reason that cannot be done. The law is, after all, about documenting common practice and keeping a record of that. And private firms are perfectly capable of keeping records.
said by amigo_boy :public institutions, and Is arbitration (what the courts do) something that only "public institutions" are capable of? I don't think so. Last time I looked, there were private arbitration firms.
And how is it that these firms exist? Because the court system is expensive and may not move quickly enough to resolve disputes. Hence the emergence of private arbitration.
If I write in an arbitration clause into the EULA for my book, is that part of the "social contract" you keep referring to? I think not, because that agreement is between you, the buyer, and me, the seller.
said by amigo_boy :"public courts and cops" a private firm can make things right. Apparently, private firms can indeed "make things right." If this were not so, why would the arbitration business exist?
said by amigo_boy :What you haven't done is explain how private firms would have this far-reaching, universal jurisdiction in the *absence of* public law (the social contract). How is it that this "social contract" you speak of is enforced? By the use of force and coercion (people with guns).
Again, Libertarians have never claimed that force and coercion are never necessary. In the case of enforcing a contract, they might well be.
But it's not clear to my why someone like you would feel that the government is, somehow, more trustworthy than a private firm when it comes to enforcing contracts. Or to be more precise, wielding the sort of force necessary to enforce contracts (i.e. people with guns).
While private firms may certainly act in their own best interests, does our government not act in its own best interests?
I'm curious what you might have to say about the War on Drugs and what part of the "social contract" that drug users and sellers are violating by peacefully selling and using them. | |
|  |  |  |  |  |  |  |  |  |  amigo_boy
join:2005-07-22 Tempe, AZ
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| Re: In defense of copyright laws said by Amigo Boys Amigo :
If I write in an arbitration clause into the EULA for my book, is that part of the "social contract" you keep referring to? I think not, because that agreement is between you, the buyer, and me, the seller. You keep dodging the issue. If I enter into a private contract with you to buy your book, and then give the book to someone else, they are not a party to that contract. Now you're talking about putting a universal contract (EULA) into the book that would bind everyone.
The only way that can be made enforceable against everyone is through public law or court precedent(recognizing that EULAs are a valid contract, even when they've been torn from the book and the individual wasn't aware a EULA existed). Public law and court precedent is a product of the social contract.
You keep saying that a private organization can essentially "codify law" (to get around the difficulty of being dependent upon what libertarians call the coercion of the social contract). But, if the person I give the book to didn't subscribe to the private organization, what would make them subject to the private organization's rules?
That's the disconnect I don't see you addressing. You're skirting around this "scope of authority," while alluding to how things work today (based entirely upon what libertarians call the undesireability of the social contract).
Somehow you're saying compulsion (at the social level) wouldn't exist. But, you can't explain how the person I gave the book to would be under the jurisdiction of the private company who "codifies the law." When we reach this point you aver to current practices which are dependent upon the unwritten and non-optional (therefore rejected by libertarians) social contract (such as, "if someone steals my car, I can't do something about it?").
This is typical libertarian behavior. It's a religion. Not objectivity.
Mark | |
|  |  |  |  |  |  |  |  |  |   Paq1c
@sbcglobal.net
| Re: In defense of copyright laws said by amigo_boy :You keep saying that a private organization can essentially "codify law" (to get around the difficulty of being dependent upon what libertarians call the coercion of the social contract). But, if the person I give the book to didn't subscribe to the private organization, what would make them subject to the private organization's rules? The same thing that makes them subject to the "rules" (laws) of so-called public institutions: the use of force.
For example: if I break a so-called "public" law that I am not aware existed, I am still subject to fines and penalties, yes? But what is it, ultimately, that compels me to pay the fines and/or submit myself to any penalties? The use of force on behalf of the "court" in question, be it publicly funded or privately funded.
This is why enforcing International copyright law in, say, China, is so difficult: it's a matter of convincing the Chinese government to employ the use of force in order to shut pirates down. But if there's nothing in it for the Chinese government, what incentive do they have to enforce that law?
said by amigo_boy :That's the disconnect I don't see you addressing. You're skirting around this "scope of authority," while alluding to how things work today (based entirely upon what libertarians call the undesireability of the social contract). I don't know how I can make this any more plain: governments rely on the use of force to make the law stick. If a government is not able to project sufficient force, then a law is not enforceable.
We see this in a very real and meaningful way whenever there is large scale civil disorder: In the LA riots and in the aftermath of Hurricane Katrina, there was no "law and order" in those areas apart from what people could make for themselves.
And the reason being, of course, is that the ability to enforce laws is directly related to the ability to use force to make the law in question stick.
said by amigo_boy :Somehow you're saying compulsion (at the social level) wouldn't exist. No, I'm not making that claim at all.
*Some* compulsion does exist at the social level. If I, say, turn my front lawn into a dump, chance are very good I'm going to become unpopular with my neighbors. Which, in turn, might well mean that when I need their help with something, that help is not going to be made available to me. And living in a neighborhood where no one else will talk to you is probably not a comfortable way to live.
But ultimately, if I decide that I want to turn my front yard into a sewage treatment plant, the only thing that's going to prevent me from doing so is the use of force.
I, personally, may believe that my front yard is mine to do with what I wish. And that is so up to a certain point (i.e. my freedom does not infringe on the freedom of others).
But when push comes to shove it is, ultimately, the use of force is what will decide the issue.
said by amigo_boy :But, you can't explain how the person I gave the book to would be under the jurisdiction of the private company who "codifies the law." When we reach this point you aver to current practices which are dependent upon the unwritten and non-optional (therefore rejected by libertarians) social contract (such as, "if someone steals my car, I can't do something about it?"). The "current practices" you speak of rely on the use of force to make them work.
The reason why you can go around claiming that your so-called "social contract" is non-optional is because the government has the guns (i.e. the "authority") to make people do what they want. And this is always an uncomfortable home truth for statists: what govenments do has a lot less to do with "right" and "wrong" and a lot *more* to do with what they can get away with (i.e. assert their authority, even when there is no moral basis for them to do so).
I don't think it's a stretch to say that what I do in my living room is my own personal business. Provided, of course, that I'm not harming anyone else in the course of what I am doing.
However, because of the government's new definition of right and wrong, what I do in my living room is now considered *their* business. And regardless of how unreasonable their assertion is, the "law" that they declare I must obey is entirely enforceable because they have the ability to shove a gun in my face and make me take them seriously.
My point in saying all this is that you seem to believe that without the government, all hell will break loose. But my point is that having a "government" around to enforce your beloved "social contract" is no guarantee against chaos either. Our War on Drugs has been going on for 35 years and doesn't make a lick of sense more than it did on Day One.
But it can and will continue to go on because our government can "make it stick," not because there's any benefit to society at large for the continuance of the drug war.
said by amigo_boy :This is typical libertarian behavior. It's a religion. Not objectivity. I see: if I believe strongly in things being done a certain way, I'm a member of a religion? I don't know about that one.
Because if that's the case, you seem to belong to the "religion" of Statism yourself. I hope you're not under the illusion that when you make the case for the existence of the State that you're being "objective" because that's far from the case. | |
|  |  |  |  |  |  |  |  DSL Oberst
join:2001-11-29
| said by Oh boy Amigo :
Do you know what a collection agency is? It's a privately run firm that enforces contracts. And there's no reason why a private entity cannot be set up to enforce copyright laws which are, after all, an extension of property laws. The private entities you refer to would be organizations like the RIAA and the MPAA. Those organizations act as collection agencies for existing private firms; what you're suggesting would thus create a no different situation than what we have now.
It comes down to something very simple; who do you want to have in charge of the collection teams? The government, in which at least some pretense is given to civil liberties? Or corporations, who are classified as amoral sociopaths on the DSM-IV when you preform a psychological profile on their actions? *shrugs* Me, I'll take the former and not the latter.
said by Oh boy Amigo :
Because governments, after all, cannot create wealth: they can only confiscate it. That is a false statement. A government, being a form of business entity in the business of running a nation, does have the ability to make a profit. Many governments do. Your truism is not universal and assumes no government has ever made a profit anywhere at any time.
said by Oh boy Amigo :
But what happens when these very same "rapacious corporations" team up with the government to write laws?
Well, you have what we have now. And who, exactly, is going to protect us from the government? You are incorrect in this assumption, but only slightly so. I shall correct your misconception.
The 'rapacious corporations' have not 'teamed up' with government; government is their antithesis. Instead, the current robber barons have bought the government, corrupting it from its original function. It's the backlash of the progressives of the 1920s.
What you are experiencing right now is not an evil government, but a corrupt government bought and paid for by rapacious corporations. You are currently experiencing life as the corporations will it, not the government or idealists within/without it. So how do you like it? | |
|  |  |  |  |  |  |  |  |   meepmeep
@sbcglobal.net
| Re: In defense of copyright laws said by DSL Oberst :said by Oh boy Amigo :
Do you know what a collection agency is? It's a privately run firm that enforces contracts. And there's no reason why a private entity cannot be set up to enforce copyright laws which are, after all, an extension of property laws. The private entities you refer to would be organizations like the RIAA and the MPAA. Those organizations act as collection agencies for existing private firms; what you're suggesting would thus create a no different situation than what we have now. You're missing the key difference: with the way things work now, the RIAA and the MPAA are exerting force through the use of the public court system. IOW: their use of the government to get their way multiplies their power immeasurably.
If, on the other hand, they had to go around enforcing the law themselves they are going to be much more limited in what they can do. Because t |
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