On Wed, 2 Feb 2005 13:48:25 -0800, Brad Templeton <[EMAIL PROTECTED]> wrote: > On Wed, Feb 02, 2005 at 04:01:42PM -0500, Donavan Stanley wrote: > > On Wed, 2 Feb 2005 10:32:12 -0800, Brad Templeton > > <[EMAIL PROTECTED]> wrote: > > > But the paranoid are clever, and good at the game. For example, I recall > > > seing a quote that because of fear of lawsuits, MythTV would probably > > > never incorporate the sort of features that really raise the wrath of > > > the MPAA, like filesharing gateways. > > > > It's not simply fear of lawsuits that prevents the core developers > > from implementing such features or accepting patches that implment > > such features. It's the fact that we're aware of the difference > > between right and wrong, legal and illegal. There are a LOT of cool > > things one could do if Myth were P2P enabled, however few of them are > > legal so we choose to do the right thing and not implement P2P. > > Well, this is the can of worms. Should we not make a useful technology > because some of the users will use it for ill? What number of users > makes the difference? A few users? Most of the users? Almost all of > the users? The law has forbidden it when it's all of the users (ie. > the technology has no other purpose than breaking the law) but the > supreme court has said that as long as there are significant legit > uses, the technology can be built. They are reviewing that doctrine > this year, we're parties to the case. > > You're asking however a slightly different question, which is what > do you _want_ to create, as opposed to what's legal to build, and the > answer can indeed be different, but it's not easy. > > And no question in some places, they make the decision based on fear > or pressure, which is exactly why the studios sued Replay over their > commercial skip, to create such fear. And why we countersued the studios > to get a declaration that the users were not criminals for using such > products. > > Would you have written bittorrent? Clearly BT is being used for distributing > infringing works but it's also the best way to get new linux ISOs and > is growing as a method of distributing things like independent films. > > I myself would also not feel motivated to build a tool that became > almost entirely a platform for piracy. > > But there are many compelling applications that I could see wanting to > create. The use of bittorrent is, as I already noted, being seen as > a way to bypass the networks in order to distribute independent film > and video. An application that let people, from their set-top-box, > select openly distributable independent videos and then downloaded them > efficiently could change the very nature of television distribution. > By this I mean, if your neighbour next-door has the video, you get it > from them rather than a central server. > > Indeed, I have described a vision on my web site I call poor man's video > on demand, which could replace the existing TV distribution infrastructure > of cable TV and satellite, using only slower (1 megabit connections) today. > It's based on the idea that we don't care as much as they think about > getting our video now-now-now. We are quiety happy -- as Mythtv and > even Netflix show -- to select a video and then have it show up days > later to watch it. > > This would be really interesting, and could even support paying for content > to support an industry. But it could also be a platform for copyright > infringement. So how do you decide? > > > _______________________________________________ > mythtv-users mailing list > [email protected] > http://mythtv.org/cgi-bin/mailman/listinfo/mythtv-users > > > >So how do you decide?
Very interesting points. For me, my decision is always on what gives me the most control. It's not about keeping television producers in business. Nor is it about worrying how to best compensate the creators of intellectual property. People will always innovate and create works for free or near-free. Do I think that making sure creators receive some compensation is generally a good thing? Absolutely. Do I think I should work my TV/music habits in such a way that this is always insured? Absolutely not. Those who create, produce and own much of the legal fiction known as intellectual property in this country do not serve to look out for my interest (the FOSS movement withstanding). Myself and those other consumers who know that it is ok to record a TV show and skip commercials are the only ones who I feel have my interests at heart. The potentially glorious copyright system in the US, which in all my studies I have found was originally set up to FIRST get ideas and works available to the public, and THEN to compensate their creators, has become so bastardized that I can't trust the government or the courts to protect my rights as a consumer (yes, Fair Use is a right - at least until March). We have let copyright holders create a system where being in constant, covert competition with the powers that be is the only way to induce innovation (this has been true of player pianos, radio, cable television, vcrs, etc...). Too often, we can't even do so for fear of being sued/jailed for our actions. Do I give two shits if NBC/CBS/HBO/[WHATEVER NETWORK] is in business next year? No. If they go off the air, there are more than enough companies willing to step up, take over their airwaves, and try to run on a business model that the public could find more palatable. And, before someone says "You don't have to buy/watch it if you don't want to follow the rules,"...you're wrong. I've already give up a lot in money and property to these content producers (free access to public airwaves/spectrum, use of public right-of-ways for cable and phone lines, discounted postage for newspapers via 2nd class mail that I have to subsidize, free use of the government to patrol piracy and theft of their goods, etc...), and asking that I be able to look out for my own interestes and enjoy content in the manner and format I choose is not asking too much. Copyright was designed to be (and should always remain) leaky, not tight.
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