Can someone explain how copyright itself is ethical?

Maybe I should explain why it is in itself immoral.

Why do things cost money? What is the purpose of price?
Economics would say "Price is used to distribute scarce resources"
Where a "scarce" resource is one which has a finite limit.
This reflects the fact that if I own a resource, such as a tonne of
coal, no other person can posses that exact same tonne. I can also not
grant someone that tonne of coal and still have it. Not everyone can
have as much coal as they desire as there is not an infinite supply of
coal.

So what happens when I buy something? Well for a tangible good, that
is a scarce resource, I surrender a sum of money, (or an item if we
are using a bartering system), and in return the seller surrenders the
item I am buying, at which point he ceases all ownership of the item.

Is Television and Film content a scarce resource? Well can one person
own the same thing, can it be provided in infinite supply. I shall
look at this from the technical prospective of is it physically
possible, not the legal view point, the legal interference with
markets shall be handled later.
Especially with Digital content the resource is NOT scarce. It can be
duplicated without loss. Files can be transferred unaltered. This is
very useful, if some bits got flipped in your program it could do
weird and even dangerous things.

If we can duplicate the content an infinite amount of times then why
does it require a price? Everyone can posses a copy of the media.

Now what happens why I buy media, I surrender money as before, and now
what does the seller (assuming copyright holder here, they at some
point perform the sale even if only to someone who sells on the item)
surrender? Well they give me  copy of the media, but wait they still
have the original, so they surrender nothing? Even if you take into
account possession of rights (an artificial property and not a natural
one), do they give me the right to copy, relicense, distribute this
item, no they do not (normally), thus they have in fact surrendered
nothing.

The media producers are clearly getting a free lunch here, they can
sell the same thing again and again, never having to give up any of
there own possessions but requiring others to surrender their items in
exchange.

Does this seem moral, equitable or right?

Lets go a little further. We can safely assume that some of this media
content provides pleasure to people or enhances their life in some
way. Now copyright itself provides a way of withholding something that
would improve someones quality of life. Would someone like to justify
why it is acceptable to withhold what something that would improve
someones life when it would cost nothing to grant them it?
The purpose of copyright is to inflict suffering on people by
withholding things from them for no good reason. I thought the human
race had got past the stage where it thought it acceptable to inflict
suffering on people for their own perverse pleasure? evidently not.


Let us not forget that there is no natural need for copyright, we
could function fine without it. It is only through government
legislation that such a thing exists.


I am actually very interested to know the exact figure spent on
iPlayer and DRM, sorry if its already been mentioned I missed the
start of this thread. Has the BBC published this information or do I
need to make an official request under he Freedom Of Information Act.


Can someone at the BBC explain why they chose a one platform approach,
this was never actually covered. A lot was said about the BBC having
their arm forced by rights holders (this I doubt, the BBC is one of
the most powerful broadcasters in the world). Did the rights holders
dictate it must be a Windows only solution? If so could you forward me
a copy of it, I would like to contact my MEP, the European Union
prosecuted Microsoft over media player before didn't they?

So why Platform Specific, the technology exists to write cross
platform applications easily and simple. Has the BBC not heard of Java
or Python? A java Application will generally run unmodified on any OS
as it is run via the Java VM (this is not a full virtual machine like
VMWare by the way). I know this because I have written applications on
Windows and run them on Linux and vice versa, with no changes what so
ever.

As for DRM, well the rights holders are NOT mandating a secure
unbreakable DRM are they? If they are then by using MS DRM you are
violating your agreement, its a software DRM which can be broken. The
operation of an x86 processor is a known quantity, I can examine your
binary code and determine every instruction it is executing. Thus it
must be breakable.

There are even higher level attacks, such as writing a VM which runs
the iPlayer, and instead of sending content to the screen it captures
it in a file.

So seems the DRM scheme need not be secure why can't the BBC generate
a cross platform one, it would tag a few minutes, use XML or
something, simple have tags for what can and can't be done, and dump
the entire content after that. Don't bother with encryption the keys
can't be protected so you are wasting CPU cycles on pointless
operations.

If this is too much effort then I have a rather interesting idea.
Scrap the current Windows iPlayer, (keep the code just in case mind),
and write a new server back end based on open source and BBC created
specs. Release these specs, and setup a small test system with just
the things the BBC own, or things people may want to contribute. Now
let vendors develop their own applications to work with the BBC. The
BBC now can not be blamed for restricting to a given platform as all
vendors had the same ability to implement it, and you could end up
with a much better product as there will be some competition.

Of course for that to work you would need to document your standards
in full, nothing like "use proprietary media format XYZ here" rubbish.

Or are you rights holders requiring to keep secret your implementation?
I was under the impression that breech of confidence law didn't apply
to things that can be reverse engineered, but then IANAL (I am not a
lawyer).

I could have saved you all the money you spent on the client iPlayer
just by doing the above. And it would be a nice test to see who really
cared about user demands and implemented it first. (I'm guessing an
open source one would have been built quite quickly, sourceforge.net
anyone?).

The BBC could even have proposed a standard for this.



Also after watching the Backstage podcast I would like to know more
about the invention of one of the guys on the panel who claimed he had
a computing device that could copy and store content without ever
writing it anywhere, I think this could have a huge impact on the hard
disk industry.

I also like the example of a wax cylinder being completely different
to computing storage, he does know that when he saves something its
stored on a circular disk that normally rotates while heads "write"
data to a given part of the disk?

Sorry for the length of this, but these things needed to be said, and
so I said them.
(Maybe I should have split the email into 3?)

Andy
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