I renamed the thread b/c it seems to be morphing

> Date: Mon, 26 May 2003 23:35:18 -0700
> Subject: Re: Alleged piracy
> From: Steve Kidd <[EMAIL PROTECTED]>
> 
> On 5/26/03 1:04 PM, "Bob Wulkowicz" <[EMAIL PROTECTED]> wrote:
> 
>> Concocted laws that benefit the men behind the curtain need to be
>> exposed and dismissed whenever possible. The profit principle has
>> destroyed more than it has benefited; pull the cell phone off your ear
>> and look out the window.
> 

<snip>

> There is no such thing as a natural law, or natural ethic. All laws, and
> I'll use your terminology, are concocted. And for a very specific reason, to
> ease the functioning of society.

I'd say there are differences between laws protecting commercial entities
and those protecting individuals. Unfortunately, laws protecting individuals
are being granted to commercial interests, and, are *trumping* rights and
protections afforded individuals.

This is primarily an American concern, but since we as Canada are loosely an
over-sized American state for the purposes of commerce we are indirectly
affected by their laws and the rights granted to corporations (in preference
of those of individuals) seep into Canada (not to mention corps have all the
benefits of individual rights now but none of the drawbacks (like
citizenship, ability to be incarcerated or suffer similar sanctions for
transgressions, etc.).

> Like many others, you miss the basic point of what copyright laws are for.
> 
> Copyright is not about profit, it's about protecting the right of artists to
> benefit from their work, so they have the means to continue working. It's
> also about ensuring that the artist can control how his or her work is used.

However, US copyright laws have now been perverted to the point of near
uselessness, *primarily* by corporate interests who now hold the bulk of
copyrights anyway.

I have no problem with artists controlling and benefiting from their
creation. Where I draw the line is profiteering or abusing copyright. The
famous example is that of Disney. With excessively long copyrights (as they
exist in the US now) Walt would never have been allowed to massacre Snow
White or any of the other fairy tales that brought him to fame and fortune.
Now, his company has perverted copyright laws further through lobbying of a
corrupt US government.

A copyright is a limited licence for exclusive ownership over a certain
work, in exchange for the right to release it into the public and control
it. However, abuses by copyright holders (corporate or otherwise) have so
weakened the moral standing of this societal agreement that I cannot fault
people (and I might even support them) who wilfully or ignorantly violate
this agreement.

There are numerous other examples of attempts at unreasonable copyright
control. In recent memory, the attempt by movie studios to squash video
before it took off, the DMCA, copyright extension and now the TV networks
war against personal digital video recorders.

These are all examples of abuse of copyright by copyright holders. For a law
to work, you need to have good will on both sides.

I've *never* felt good will from the studios so I feel no good will for
them. If anything, I would work to sabotage them every step of the way (I'm
28 FYI and have been an entertainment consumer since age 12 (1987)). Even in
the early years of CDs I received the message that I was a potential thief
and should not copy CDs to tape (which I happily did, and, for a while also
did with other people's CDs :) :) :)... I don't need to do this anymore b/c
I've amassed the CDs I like).

I and my whole generation grew up with that message -- the entertainment
industry has alienated an entire generation. The anti-MP3 campaign is going
to hurt the industry even more since it's targeting the current youth -- if
we're considered criminals for doing something perfectly normal, then we'd
rather flip you the bird and *sabotage* you than work with you.

Treat a person like an equal and you'll get co-operation, treat them like a
criminal and you'll breed "criminal" behaviour (I guess the Ontario Tories
never learned that lesson <hehehe>).

> For example, if Pres. Bush appropriated an anti-war song and twisted it into
> the theme song for the war on terrorism, don't you think the song writer
> should be able to say "Stop that!" I certainly do.

It depends, if he had the appropriate rights to use it, then he could do so,
even over the objections of the song's creator.

> Yes, large corporations have taken advantage of copyright laws to make huge
> profits, but the solution isn't to say "screw the artists, music should be
> free."

I think it is the solution!!! P2P has changed the face of the continent. The
only way to get rid of it is to shut down the internet, or to wipe out
computers everywhere.

P2P has eliminated the excuse that music companies have had for years for
keeping music prices unreasonably high -- distribution costs are negligible,
choice is a non-issue, media expenses are the concern of the consumer, not
the distributor, etc.

We have seen the "Big 5" get hit with SUCCESSFUL anti-competitive behaviour
suits for price fixing in both the US and the UK. This is an inherently
corrupt industry. If the industry is corrupt and colluding to keep prices
artificially high, then how can you expect "consumers" to behave ethically?

This unfortunately means that artists get caught in the middle, BUT, BUT,
BUT artists are themselves also culpable. They have the choice of not
signing with one of the Big 5, and going with a smaller, but ethically
responsible lable -- I don't feel for them much either. It is the smaller
artists that I do, and I suspect that P2P has done them more good than harm
-- they get exposure by wide-spread swapping of good music. A person finds a
neat track they like and then goes out and buys their whole CD.

Anyway, back to "the solution". I think the attitude "music should be free"
is the solution. In Ontario we have a government who likes to wait until a
crisis hits before it actually does something

<rant>
(it's gutted the education system while at the same time claiming to invest
in it -- and, it doesn't help that society seems to treat teachers both as
some of the most valuable members of society (since they teach our
children), but they also think that teachers should be paid nothing, that
the summer off is unreasonable (never mind that they don't get paid for the
time they don't work in the summer), despite the fact that teachers are more
highly trained than the vast majority of workers out there *and* they work
more than nearly any other profession (what other business gets *over* 6
hours a day of *productive* work out of their employees... a teacher is on
show for 5-6 hours/day *at least*, not counting marking and class prep)).
</rant>

Perhaps we should learn from our politicians. If music swapping reaches
epidemic proportions (it is nowhere close) then the lables might be forced
to develop new and *more reasonable* distribution mechanisms. The technology
has existed for 10 years now yet they haven't come close, even Apple hasn't
got it right yet.

Apple is on the right path, *but* its service is priced too high (given the
quality) to be reasonable -- they're still doing the same thing as the
record cos. Gouging the customer as much as possible while providing a lower
quality product. Compared to the competition, they are providing something
impressive, but given the high cost of the service, they are not where they
should be.

1 USD per *low quality* song is too much. If this were, let's say a 256 Kbps
MP3 (much higher quality than 128 bit AAC) that could be burned to CD, it
might be worth 1 USD. For 128 bit quality I'd be willing to pay 0.25 US.

Anyway, i have better things to do than write rants. Have a good one, Eric.


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