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story category Copyright Laws in the 21st Century
Where will the lines get drawn?
(old news - 03:11PM Sunday Dec 30 2007)
tags: legal · Video · Fileswapping · business
Yesterday we saw that the RIAA lawsuit against an individual who copied legally-downloaded music onto his computer sparked a lot of conversation. This is just one example of how interested people are in the topic of how copyright laws apply to the changing technology in our modern world. The fact of the matter is that there’s a gap between the laws that are on the books and the reality of life today. The courts are having to play catch-up with copyright lawsuits such as this one.

And of course it’s not just music technology that causes this issue to come up. An article on Shelly Palmer Media brings up the question of how the use of television recording technology like Slingbox (recently acquired by Echostar) could end up coming under the same type of fire. The legal issues here are murky at best but the article’s author brings up some points about recording technology and the definition of “rebroadcasting” (which is a legal violation) that offer some food for thought.

In related news, those people who use torrent sites for file sharing can get a heads-up on which ones are good by checking out the top ten list put out by Torrent Freak this week.

Related:
  1. MPAA: Piracy Costs 140k Jobs Per Year
  2. 16 Million Americans Pirated A Film Last Month
  3. TorrentSpy Calls It Quits
  4. Amazon Pirate Firefox Plugin Was Art Project
  5. Cable Industry: Shucks, Guess Nobody Wants CableCARDs
  6. Barry Manilow Highlights 'Three Strikes' Law Stupidity
  7. British Cops, Spies Oppose 'Three Strikes'
  8. Will 'Three Strikes' Come To The United States?
Forums » Copyright Laws in the 21st Century
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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

join:2005-07-22
Tempe, AZ
·Cox HSI
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Re: Another issue that needs fixing DMCA

said by SkyBlue See Profile :

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
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Grand Forks Afb, ND
·Midcontinent Commu..

Re: Another issue that needs fixing DMCA

said by amigo_boy See Profile :

said by SkyBlue See Profile :

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...
--
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SkyBlue

join:2007-03-31

said by amigo_boy See Profile :

said by SkyBlue See Profile :

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

join:2007-03-20
Pensacola, FL
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said by SkyBlue See Profile :

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."
--
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SkyBlue

join:2007-03-31


1 edit

Re: Another issue that needs fixing DMCA

said by supergirl See Profile :

said by SkyBlue See Profile :

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 See Profile :

said by supergirl See Profile :

said by SkyBlue See Profile :

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
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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.
--
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kba4

join:2001-10-23
Canton, OH
·RoadRunner Cable

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.
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n1zuk
My wood is stacked
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join:2001-10-24
South Burlington, VT
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Re: broadcast?

said by kba4 See Profile :

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.
I must agree with you here. If I were to put an antenna on top of my house, convert the 300 ohm output to 75 ohms, run it through an amplifier, out to a coax cable, and connect it to my TV set (which converts the radio frequency modulated signal into light and audio frequency modulated signal), how is that much different than the standard Slingbox technology? It is just a 21st century solution, replacing Ethernet (and fiber) for coax and twin lead, and covering (potentially) a greater distance.

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bear73
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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
Premium
join:2005-01-03
·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.

GOLFnSUN
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ

In defense of copyright laws

Good article defending copyright laws:
»libertariannation.org/a/f44h2.html

amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

Re: In defense of copyright laws

said by GOLFnSUN See Profile :

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 See Profile :

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: "It’s not the things you don’t know that get you, it’s the things you know that just aren’t 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

join:2005-07-22
Tempe, AZ
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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

@sbcglobal.net

Re: In defense of copyright laws

said by amigo_boy See Profile :

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 See Profile :

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

join:2005-07-22
Tempe, AZ
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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

@sbcglobal.net

Re: In defense of copyright laws

said by amigo_boy See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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.

amigo_boy

join:2005-07-22
Tempe, AZ
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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

@sbcglobal.net

Re: In defense of copyright laws

said by amigo_boy See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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.

amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

Isn't that apples and oranges?
It's the same principle: the protection of private property.

said by amigo_boy See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

"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 See Profile :

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

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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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 See Profile :

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 the money and resources they can bring to bear are going to be much less than if they "hire" the government to be a bully on their behalf.

The point I'm making is that under that current system, there's much less of an incentive for groups like the RIAA/MPAA to change. All they need to do is hire a few lobbyists and they can get their way.

said by DSL Oberst See Profile :

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?
Is the US still occupying Iraq illegally because we are so concerned with the "civil liberties" of the Iraqis? Don't make me laugh.

The government gives consideration to civil liberties whenever is suits them to do so. But with the passage of legislation like the Military Commissions Act, there is absolutely *nothing* to stop the government from taking away our civil liberties whenever they happen to feel like it.

My point is that with the resources that the government has at its disposal, (because they have the ability to confiscate wealth, i.e. "tax" people) they are far more able to take our civil liberties away than a private entity is. A private entity is going to have significantly less resources at its disposal.

said by DSL Oberst See Profile :

Or corporations, who are classified as amoral sociopaths on the DSM-IV when you preform a psychological profile on their actions?
And what happens when a government has a psychological profile applied to it? The last time I looked, governments were perfectly willing to lie, loot, and kill. Please take a closer look at our foreign policy if your think this is not so.

Is the behavior of the US in Iraq that of an upright, responsible person? Or of an amoral sociopath?

It seems to me you're attributing to government a conscience that it has never demonstrated it has. Governments, like corporations, act entirely in their own self-interest.

said by DSL Oberst See Profile :

*shrugs* Me, I'll take the former and not the latter.
Well, that's your own choice. But please let's not pretend that governments occupy any sort of moral high ground when they clearly don't.

said by Oh boy Amigo :

Because governments, after all, cannot create wealth: they can only confiscate it.
said by DSL Oberst See Profile :

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.
I'm afraid you're missing my point here.

There's no doubt that the US government can "make a profit." What I'm trying to draw your attention to is just how such a profit is made.

In the private sector, I am given a choice as to whether or not I purchase a given good. If a company puts out a product and no one chooses to buy it, that company won't be around for long.

The government, on the other hand, exists solely by extracting taxes from the population (i.e. confiscating wealth). This is something that companies in the private sector simply cannot do. IOW: the government can offer whatever goods and services it wants, and charge whatever price it wants for those goods and services. The "consumers" of government are not given a choice: regardless of how much taxes increase, or how shoddy the services that the government offers might be, they are not given a choice as to whether or not they will pay those taxes or partake of the services "offered" to them: they'll do it or else.

Besides which, if a government were truly a "business" as you claim, it would be subject to going *out* of business, the same as any profit-making company in the private sector. Instead, they merely increase taxes (or increase taxes via the "back door" method of inflation, i.e. printing more money to pay for their spending).

But if you look at how Congress spends money (they always spend more than they have) or how the Pentagon fails to pass audits (it has never passed a single audit, ever: look it up) then you'll realize that comparing the government to a business is a false comparison: if any private company performed as badly as the government does, it would have gone under long ago.

And yet, no matter how much they screw up, you and I are always billed for the government's mistakes via taxes. Taxes which are in *no way* voluntary.

Now do you see the difference?

said by DSL Oberst See Profile :

Your truism is not universal and assumes no government has ever made a profit anywhere at any time.
My truism is entirely universal because no government has ever made a "profit" by any other means than the confiscation of wealth from its citizens.

Again, I am unable to refuse to be billed for ("taxed" for) the goods and services that my government offers, regardless of how inferior they are, or how inefficiently and wastefully they are produced. This is not true in the private sector: if I don't like what a company is doing, I don't have to give them my money.

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?
said by DSL Oberst See Profile :

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?
I suppose I'll have to like it, won't I? Especially since there is nothing to protect me from the government gettting out of hand.

My point is that both governments and corporations act in their own self-interests, not in yours and mine. The difference is that private entities are limited in the resources they can gather because they have to convince people that giving them their hard-earned money is worth their while.

The government, on the other hand, is able to confiscate wealth from me (i.e. steal my money) entirely due to their ability to tax. And the taxation continues no matter what they do.

If the government were truly full of "idealists," then it would give the ability to withhold my money based on its performance. The fact that I have to give them my money regardless of how badly they perform tells you just how "idealistic" they aren't.

KrK
Heavy Artillery For The Little Guy
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Tulsa, OK
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There's plenty of organizations and money and power fighting to "Defend" (expand) copyright laws to draconian reaches. Where's some help on the other side, to defend Consumers and societies Fair Usage rights.

Guess it's easier to pass laws saying you will take people's money and rights by force than pass a law that grants inroads to the public good.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

toavaisch

@qwest.net

The biggest difference between free-market contract law and current patent law is that, in the free market, anyone who comes up with an invention independently would have the right to use it, sell it, or give it away just as the original inventor had the right to do.

What is missing here is that under patent law as currently written the inventor "owns the idea" and no one else may use anything like it, even when the second person comes up with the idea completely independently and the application of the idea by the second person is by a greatly improved method. Under current law the improvement may not be used or marketed because the first person to the patent office "OWNS THE IDEA". Also note that the idea belongs not to the person who had it first, but to the person who files first.

Ownership of ideas is not only bad in theory, it is simply not possible. Short of murder, no one has the ability to stop someone else from thinking.

The Constitution clearly states that copyrights and patents are to be for "LIMITED TIMES". In keeping with this Constitutional limitation, it would be reasonable to allow copyright or patent to restrict the sale of copies of the product until the originator has had a reasonable time to recover developmental costs and place the idea or product into production and attempt to sell it.

Failure to attempt development or marketing MUST place the idea into the Public Domain. In any event the time limit must be no more than five (5) years at which time the idea is placed into the Public Domain. Copyrights and patents must not be allowed to stifle inventions and progress.

"All we need to know to justify farmer Demeter's decision is that he acted within his rights, committed no crimes, and is entitled to his property."

This statement is completely wrong. If the imaginary Farmer Demeter, has made no attempt to market his idea and is using it only to stop others from developing the same idea, which they arrived at independently, then Farmer Demeter's actions are opposition to progress and are harmful to society and therefore immoral. This is the action taken by those currently known as "Patent Trolls". These are people who buy patents and sit on them waiting for someone to develop the idea and market it and then sue the developer for "royalties". The action of such parasites is completely immoral and should never be supported.

By assigning the characteristics of real physical property to ideas, those who support so called "Intellectual Property Rights" are denying the right to develop his idea to another who also had the same idea. Patents and Copyrights must be applied ONLY to real physical objects which can be seen and handled and MUST be time limited.
Anomaly95

join:2005-12-11
Phoenix, AZ

Re: Copyright Laws in the 21st Century

Unfortunately, I don't see copyright law being changed anytime soon. Or if it does, it'll be in favor of the **AA's.

Of course, most of this is the **AA's doing. They have armies of lobbyists.

mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY

1 edit

Re: Copyright Laws in the 21st Century

The lobbyists should be deported and have their US citizenship revoked until 2021.
scooper

join:2000-07-11
Youngsville, NC

Re: Copyright Laws in the 21st Century

said by mrchris See Profile :

The lobbyists should be deported and have their US citizenship revoked until 2021.
Make that 2121 and I could agree with you...
floydb_1982

join:2004-08-25
Kent, WA

I don't understand

If all your doing is coping the audio CD's you own on to your computer but not sharing online then how can the RIAA possible going after in court for that. That's crazy. The RIAA has gone mad with power.

bear73
Metnav... Fly The Unfriendly Skies
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Grand Forks Afb, ND
·Midcontinent Commu..

Re: I don't understand

said by floydb_1982 See Profile :

...The RIAA has gone mad with power.
Precisely!!!
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attsbcisgay

join:2003-03-18
Beverly Hills, CA

Re: I don't understand

said by bear73 See Profile :

said by floydb_1982 See Profile :

...The RIAA has gone mad with power.
Precisely!!!
Its a psychological war
your fear is their strength
which will give them power to give away your freedom to share.
we're like a child
its a ghost, its coming after ya so we run under the bed and hope it doesn't come after us.
operation paper tiger?
russotto

join:2000-10-05
Collegeville, PA

"Update" nothing.

At this point, the only "update" of copyright laws I wouldn't suspect would just tighten the screws would be along the lines of

Title 17 of the United States Code is hereby repealed. The United States hereby withdraws from the Berne Convention on Copyrights and the World Intellectual Property Organization.

Anything else will simply be more of the same -- more control for scumbags, at the expense of everyone else, in the guise of "updating" laws.
K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
·RoadRunner Cable

Hang on, folks

Yes, this is widely reported across the 'net.

No such claim by the RIAA appears in any filing I can find.

Here is the current RIAA filing before the court. The complaint is that he was sharing files using KaZaa, not that he copied CD's to his hard drive.

»www.ilrweb.com/viewILRPDF.asp?fi···talBrief

See 7 replies to this post

major marco
Res Firma Mitescere Nescit
Premium
join:2003-02-13
Stepford, CA
clubs:

Infringement Nation

Ars Technica sums up the problem fairly concisely here and here. Anyone interested in copyright beyond the usual infotainment soundbyte can read more here. It is an outstanding piece well worth the read.
--
The Toll

Let's Go Flyers!
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
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Re: Infringement Nation

Good article by Tehranian. (At first I thought he was talking about inhabitants of Tehran. THAT was a little confusing. ) However, it only points out that copyright infringements happen, technically, all the time. I don't see any proposed solutions. I wonder if he's not just in the "radically scale back or eliminate copyrights" crowd and is using this as a stalking horse to poison the well against the copyright owners. Or maybe he's not and I'm just paranoid.

The second link to the Ars Technica "story" is just an editorial, not actual information. It's pretty useless to someone who actually wants to understand the situation vs. someone who wants to simply sway your point of view.

major marco
Res Firma Mitescere Nescit
Premium
join:2003-02-13
Stepford, CA
clubs:

Re: Infringement Nation

said by MyDogHsFleas See Profile :

[...] I wonder if he's not just in the "radically scale back or eliminate copyrights" crowd and is using this as a stalking horse to poison the well against the copyright owners. Or maybe he's not and I'm just paranoid.
Or you could just be drinking the kool aide way too long.

said by MyDogHsFleas See Profile :

The second link to the Ars Technica "story" is just an editorial, not actual information. It's pretty useless to someone who actually wants to understand the situation vs. someone who wants to simply sway your point of view.
Disagree. It doesn't sway any point other than to underscore the level of ridulousness copyright is becoming. Since when does copyright outweigh crime. Has Congre$$ solved all of society's problems up to and including a crumbling infrastructure that we can now focus on strictly copyright issues to the exclusion of everything else?
--
The Toll

Let's Go Flyers!
floydb_1982

join:2004-08-25
Kent, WA

You gatta read this

»www.boycott-riaa.com/facts/truth
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX

Re: You gatta read this

I can't

it gives

Lost connection to MySQL server during query
We are currently performing maintenance, please come back later.

redxii
too big to fail
Premium,Mod
join:2001-02-26
Texas

1 edit

Sharing the files

Isn't that how the person was caught? But that don't give the *AA the right to set arbitrarily high "damages" per song and perhaps the artist not getting one cent of that.

koam
Pink Pecker
Premium
join:2000-08-16
East Puddle
clubs:

huh?

Overall, incoherent.

And Slingbox is a recording technology?

BF69

join:2004-07-28
Camden, TN

Copyright laws have been messed up for a long time

In the last few years Congress entended copyright form 75 to 95 years. What a joke. No doubt before 2022 Disney will bribe Congress into extending it to 120 years. 75 years was too long. That's was never the founding father intentions. In fact I remember that orignally patents and copyright were only good for 14 years. Now maybe that's too short, but there has to be a REASONBLE middle ground.

Should I REALLY need permission to use a cartoon character or song not seen or heard the 1930's? I think that 50 years is more than long enough to make money from something. If you can't make money in 50 years get into another line of business.

Pirate515
Premium
join:2001-01-22
Brooklyn, NY

Re: Copyright laws have been messed up for a long time

said by BF69 See Profile :

In fact I remember that originally patents and copyrights were only good for 14 years. Now maybe that's too short, but there has to be a REASONABLE middle ground.
This still applies to patents. I think the correct term is 17 years. If you remember it, at around the turn of the century the price of a VCR has dramatically dropped. One of the reasons for that was the fact that JVC's patent on VHS has expired and manufacturers could continue making them without having to pay royalties to JVC. The other reason for the price drop was of course the increasing popularity of the DVD.

I do agree that the copyright term is way too long and something needs to be done about it.
--
Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill...
attsbcisgay

join:2003-03-18
Beverly Hills, CA

Re: Copyright laws have been messed up for a long time

I ask that ya ignore the news as it is a complete farce
You don't have to read it...
We need to be cooperative and be social
Don't let these injustice conartist manipulate ya with fictionist sue propaganda.

Richard B
Fur It Up

join:2007-06-22
Portland, OR
·Comcast

Lack of Morality is The Issue

»pogue.blogs.nytimes.com/2007/12/···orality/

David Pogue has hit the nail on the head even through he may not be aware of it.

The Copyright is not the problem is the utter lack of morality. There was a time Thou Shalt Not Steal meant something. Unfortunately my generation, the boomers, fought to drive it out of the community and heart of this generation. I am afraid they had succeeded.
zod5000

join:2003-10-21
Edmonton, AB
·TELUS
·TekSavvy Solutions..

Re: Lack of Morality is The Issue

depends on what you consider to be just. Is it really that immortal that humans as a majority don't feel bad stealing from those way richer then are?

Maybe its immoral for an organization to make all that money and whord a disproportionate amount of wealth.

SRFireside

join:2001-01-19
Houston, TX

Copyright law IS the problem. The original intent of copyright law was to give artists exclusive right to their works for a limited time so that they won't be exploited by those who wish to make money from their works. The artist who would create the work would be assured of two things: 1) They would always get royalties from the sale of their works and 2) always get credit for creating said work.

Current copyright law has distorted just about every reason the law was created in the first place. First off artists no longer own their works for a limited time and then the work is given to the public. They own their works for life plus another 75 years (so royalties go to their estates). Also stipulations in copyright law now make it to where record labels can have artists sign away their copyrights to the company, thus killing the whole exploitation protection that made copyright law necessary in the first place.

People sharing copyrighted works without making a profit was never the intended target of copyright law. Too many changes have been made to the law and now it is a corporate supported distortion of it's original concept. Art was meant to be shared. Copyright law was made to ensure we had enough art to share.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
That's true. These media companies and industry organizations have zero morals whatsoever, and precious few ethics. All they worship is the Almighty Dollar.
attsbcisgay

join:2003-03-18
Beverly Hills, CA

Re: Lack of Morality is The Issue

said by KrK See Profile :

That's true. These media companies and industry organizations have zero morals whatsoever, and precious few ethics. All they worship is the Almighty Dollar.
All they care is control and domination of your freedom. Money is a form of control.
lgamer

join:2004-08-16
Louisville, KY

RIAA trying to hold on

The movie music industries for years had a monopoly on what we could listen to and/view. Now that technology has arrived that they believe cuts into their profits, they want to sue people who cannot afford to fight them in a long court battle.

I can remember buying Cd's only to get home and find there was one maybe two songs I really wanted to hear. Even though I paid full price for a sub-par product, I had no choice if I wanted to get the songs I liked.

The RIAA wasn't rushing to refund a portion of the money I'd spent for literally buying a crappy cd full of basement songs !

Now that technology has allowed people to get songs they want to hear as opposed to buying whole Cd's with garbage, the RIAA is up in a roar !
zod5000

join:2003-10-21
Edmonton, AB
·TELUS
·TekSavvy Solutions..

make punishment fit the crime.

So someone steals a song and they owe hundreds of thousand of dollars or jail time?

On a grand scale of crimes.. it ranks pretty low, i put it right beside shoplifting. Maybe they should make the punishment fit the crime. You get less for white collar crime etc...

BF69

join:2004-07-28
Camden, TN

Re: make punishment fit the crime.

said by zod5000 See Profile :

So someone steals a song and they owe hundreds of thousand of dollars or jail time?

On a grand scale of crimes.. it ranks pretty low, i put it right beside shoplifting. Maybe they should make the punishment fit the crime. You get less for white collar crime etc...
Most of these people are stealing HUNDREDS if not THOUSANDS of songs. Trust me if I walked out of Wal-Mart with a 1000 CDs I would get charged with grand theft.

How about you give them a choice? Jail or banning from the internet and computers. Some sex offenders get banned from the internet or computers and some other have their computer activity monitored. How about that choice? How many would choose jail instead? I'd say 99%.

Can't do the time don't do the crime. If you're so poor you can't afford music then perhaps music shouldn't be a priority in your life. And really if you can afford a computer and Internet access you can afford to pay for your music.

Fact is working one 8 hour shift per week at Burger King for minimum wage after taxes would yield enough cash to pay for 1800 songs. So if you really want music that badly you'd get a 1 day week job at Burger King if your 5 day a week job at KFC isn't enough.

SkyBlue

join:2007-03-31

Re: make punishment fit the crime.

said by BF69 See Profile :

said by zod5000 See Profile :

So someone steals a song and they owe hundreds of thousand of dollars or jail time?

On a grand scale of crimes.. it ranks pretty low, i put it right beside shoplifting. Maybe they should make the punishment fit the crime. You get less for white collar crime etc...
Most of these people are stealing HUNDREDS if not THOUSANDS of songs.

Fact is working one 8 hour shift per week at Burger King for minimum wage after taxes would yield enough cash to pay for 1800 songs. So if you really want music that badly you'd get a 1 day week job at Burger King if your 5 day a week job at KFC isn't enough.
I think the fact of the matter is not if you can buy a CD rather if you buy a CD, you should be able to put it on your computer or mp3 player ie.. ipod or what ever device you desire.

You bought the CD which means you have SOLE rights to use your music for your personal use. Not the use of others.

You should be able to play it anyway you want.

If we can only listen to it in a cd player,
then the next step the RIAA is going to take is ,
we wont be able to play the music in our car with the windows down because someone else might hear the music.

And that would violate the law so RIAA thinks.

That's what this is all working up to. Have to tighten the rope to keep people hooked on music like a drug and then pay through the nose just like a drug to hear it once your hooked.

Now the question is does it get that far or when does this anti-trust stop.

BF69

join:2004-07-28
Camden, TN

Re: make punishment fit the crime.

said by SkyBlue See Profile :

said by BF69 See Profile :

said by zod5000 See Profile :

So someone steals a song and they owe hundreds of thousand of dollars or jail time?

On a grand scale of crimes.. it ranks pretty low, i put it right beside shoplifting. Maybe they should make the punishment fit the crime. You get less for white collar crime etc...
Most of these people are stealing HUNDREDS if not THOUSANDS of songs.

Fact is working one 8 hour shift per week at Burger King for minimum wage after taxes would yield enough cash to pay for 1800 songs. So if you really want music that badly you'd get a 1 day week job at Burger King if your 5 day a week job at KFC isn't enough.
I think the fact of the matter is not if you can buy a CD rather if you buy a CD, you should be able to put it on your computer or mp3 player ie.. ipod or what ever device you desire.

You bought the CD which means you have SOLE rights to use your music for your personal use. Not the use of others.

You should be able to play it anyway you want.

If we can only listen to it in a cd player,
then the next step the RIAA is going to take is ,
we wont be able to play the music in our car with the windows down because someone else might hear the music.

And that would violate the law so RIAA thinks.

That's what this is all working up to. Have to tighten the rope to keep people hooked on music like a drug and then pay through the nose just like a drug to hear it once your hooked.

Now the question is does it get that far or when does this anti-trust stop.
Try reading the actual post I was responding too before commenting.

"So someone steals a song and they owe hundreds of thousand of dollars or jail time?"

Last time I checked STEAL is not the same as BUY.

SRFireside

join:2001-01-19
Houston, TX

Re: make punishment fit the crime.

Problem here is theft of physical property didn't occur. Only thing that was taken is what can be called intellectual property (and technically that isn't taken either, but in terms of copyright law that's the best that can be come up with), which should be a whole different category than theft. With theft (and the loss of physical property) money was lost while copying music doesn't deprive the copyright holder of any funds other than the unquantifiable "potential loss" that the RIAA loves to point out.

This is why grand theft shouldn't apply to the downloader of a lot of music as opposed to someone taking a crate of CDs from Best Buy. It's ludicrous that the RIAA puts such harsh penalties on what they consider the potential of sharing a song when they can't put out any hard numbers on such a loss.

The music industry is losing sales simply because a CD (or download) is not priced attractively. When you go to a store and compare the prices that $16 CD with just a few tracks of music released years ago doesn't compare to that $10 special edition movie DVD that was released a few years ago too. Then you have video games, which many offer 20-50+ hours of playtime as opposed to an hour of just listening to music.

The music industry is not keeping up with the times. Their strategy is to keep the status quo, which is exactly what is killing them right now.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
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said by BF69 See Profile :

Most of these people are stealing HUNDREDS if not THOUSANDS of songs. Trust me if I walked out of Wal-Mart with a 1000 CDs I would get charged with grand theft.
The difference is nothing was taken. No harm was done, no damage created. Therefore = No punishment warranted.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

In the immediate future...

... The laws will continue to become more draconian. Punishments will continue to increase. More and more restrictions and controls will be placed into effect. More and more regular people's activities will be rendered illegal.

KFMDSOE

@rr.com


from:
SRFireside See Profile

Encouraging creativeness

said by someone :
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.
I fail to see how eternal copyright protection encourages being creative. What incentive is there to create something new if you can milk an old creation indefinitely? The knowledge that your rights will expire eventually should encourage creating additional works. As it is, the laws encourage only initial creativeness. After the first success only greed, not need would ever encourage additional works. Which is why so many "copyright holders" are drawing salaries, not direct benefits of their work.

See 6 replies to this post
id_deleted

join:2003-05-01
Salt Lake City, UT

4 edits

Less talk, more action.

All this talk and complaining might be better focused on actually doing something about legislation that is being voted on NOW. The EFF is a good source for information on the latest RIAA attacks on our freedom.

bicphone

@wideopenwest.com

yep

i wonder how many more dumbed down one sided cartoon ads are going to be made next year
Forums » Copyright Laws in the 21st Centurypage: 1 · 2


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