Re: Intellectual property (was: owner_id_build vs. copyprevention_bit)

2002-10-06 Thread MJ Ray

Dennis McCunney [EMAIL PROTECTED] wrote:
 It's not entirely a myth, unfortunately.

Show me the numbers.  Real numbers, not the abstract estimates of publishers
associations.  Find a particular piece of restricted work and detect a
disturbance in the sales series at the point where an illegally derestricted
electronic version hit the net.

[...]
 But in the case of Baen (and other success stories for the freely shared
 model) one important bit of my argument is common: the creators _gave
 permission_ for it to happen.  It was done with thier knowledge and consent.

Indeed.  My point is that content creators will do well to authorise their
fans to promote them to their friends in this way.  If they don't, they are
ultimately harming their own revenue and playing into the hands of the large
corporations.

Breaking a law is breaking a law, even if it is unjust.  It should not be
taken lightly, but this is an illegality that should not even exist. 
Creators, help yourselves by inviting others to help themselves!

MJR

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Re: Intellectual property (was: owner_id_build vs. copyprevention_bit)

2002-10-06 Thread Terence Tan

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This is my first and probably my last word on the subject.

On Saturday, Oct 5, 2002, at 18:56 Australia/Canberra, MJ Ray wrote:

 Why does an artist want to cooperate with large corporations and make
 criminals out of people who appreciate their work?  It doesn't grow 
 their
 audience and just leaves people feeling bad...

Well, I think that authors should be allowed to do what they like. If 
they want to sell through a large corporation and alienate their 
audiences, let them. If they want to give their work away freely, let 
them. Asking why they want to co-operate with big business is beside 
the point; if they want to, then it's not our place to stop them.

This is why I disagree with the GPL as well as any DRM schemes, because 
it forces authors down a certain path. Especially if the entire world 
uses DRM, and you can't choose a different way to release your work... 
or especially if the entire world is comprised of GPL-licenced 
software. (And may I be damned for saying that.)

  -Terence Tan


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Re: Intellectual property (was: owner_id_build vs. copyprevention_bit)

2002-10-06 Thread MJ Ray

Terence Tan [EMAIL PROTECTED] wrote:
 This is why I disagree with the GPL as well as any DRM schemes, because 
 it forces authors down a certain path.  [...]

You misunderstand the GPL's effect on author's rights.  The GPL is only
concerned with guaranteeing all future users the same rights as the original
users.  Please go read the GPL FAQ on the gnu.org site, but feel free to
email me off-list if you can't see why you're wrong.

MJR

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Re: Intellectual property (was: owner_id_build vs. copyprevention_bit)

2002-10-05 Thread MJ Ray

Dennis McCunney [EMAIL PROTECTED] wrote:
 But most of the folks I know at the moment are writers, artists, and
 musicians trying to make a living out of what is essentially intellectual
 property, who are _directly_ hurt by unrestricted sharing of thier
 copyrighted work.  I'm not concerned about loss of revenue by large
 corporations.  I _am_ concerend about the welfare of my friends.

This is an old myth peddled by the people who make money from restricting
sharing of creative works.  In the DRM world, the people who make the most
money are the gatekeepers, the large corporations.

Why does an artist want to cooperate with large corporations and make
criminals out of people who appreciate their work?  It doesn't grow their
audience and just leaves people feeling bad.  Experiences of authors who
*welcome* their works being shared are documented in articles such as
http://www.baen.com/library/palaver6.htm (OK, so that's a widget frosting or
related services model, but it still shows what a good way it is to become
known.  There are probably others, but that was the first I grabbed from my
bookmarks).

Personally, I'd go further and start looking for a way to provide work as
copyleft, but then you knew that anyway.  I'm concerned about the welfare of
*all* my friends, but both producers and consumers.

MJR

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RE: Intellectual property (was: owner_id_build vs. copyprevention_bit)

2002-10-05 Thread Dennis McCunney

 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED]]On Behalf Of MJ Ray
 Sent: Saturday, October 05, 2002 4:56 AM
 To: [EMAIL PROTECTED]
 Subject: Re: Intellectual property (was: owner_id_build vs.
 copyprevention_bit)


 Dennis McCunney [EMAIL PROTECTED] wrote:
  But most of the folks I know at the moment are writers, artists, and
  musicians trying to make a living out of what is essentially
intellectual
  property, who are _directly_ hurt by unrestricted sharing of thier
  copyrighted work.  I'm not concerned about loss of revenue by large
  corporations.  I _am_ concerend about the welfare of my friends.

 This is an old myth peddled by the people who make money from
 restricting sharing of creative works.  In the DRM world, the people
 who make the mostmoney are the gatekeepers, the large corporations.

It's not entirely a myth, unfortunately.

 Why does an artist want to cooperate with large corporations and make
 criminals out of people who appreciate their work?  It doesn't grow their
 audience and just leaves people feeling bad.  Experiences of authors who
 *welcome* their works being shared are documented in articles such as
 http://www.baen.com/library/palaver6.htm (OK, so that's a widget frosting
 or related services model, but it still shows what a good way it is to
 become known.  There are probably others, but that was the first I
 grabbed from my bookmarks).

Sure.  I'm familiar with this, I have Baen's site bookmarked, know various
of the folks at Baen, and probably (without having looked at the URL) know
some of the folks quoted.  Baen credits the website with thier metamorphosis
into a hard cover publisher, as the downloads spur demand for the author's
books.  (As it happens, SF/Fantasy is the bulk of my fiction reading, and
over the years I've met many of the folks who write, illustrate, and edit
it.)

And Janis Ian has a nice piece on her website making similar points, which
got her a prompt response from the RIAA asking to talk. :)

But in the case of Baen (and other success stories for the freely shared
model) one important bit of my argument is common: the creators _gave
permission_ for it to happen.  It was done with thier knowledge and consent.

My gripe is with _unauthorized_ sharing, not with sharing at all.  If you,
as an author, explicity allow and encourage sharing under a copyleft or
similar structure, I'll happily share it with folks I believe might be
interested.  If you _don't_ explicityly allow it, it's questionable, to put
it mildly, for me to share it anyway.

 Personally, I'd go further and start looking for a way to
 provide work as copyleft, but then you knew that anyway.  I'm concerned
about
 the welfare of *all* my friends, but both producers and consumers.

Agreed.

 MJR
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Dennis

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RE: Intellectual property (was: owner_id_build vs. copyprevention_bit)

2002-10-04 Thread Dennis McCunney



 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED]]On Behalf Of Michael
 Nordstrom
 Sent: Tuesday, October 01, 2002 3:56 AM
 To: [EMAIL PROTECTED]
 Subject: OT: Intellectual property (was: owner_id_build vs.
 copyprevention_bit)


 On Mon, Sep 30, 2002, Dennis McCunney wrote:

  Intellectual property is _property_, just as material objects are.
  Redistribution of copyrighted intellectual property with the express
  permission of the rights holder is _theft_, pure and simple.

 s/with/without/ (although I don't agree that it is property nor
  theft to redistribute it:)

Agreed on the correction of with to without.  That was what I menat to
say in the first place.  As for the other part...

 You make the same mistake as the last time we discussed a similar
 subject (on plucker-list), i.e. the assumption that the rest of
 the world == USA ;-)

No, I don't.  The US is a signatory to the Berne Copyright Convention.  I
believe your country is too.  What varies is what is considered
infringement.

 In my country you are allowed to make copies of intellectual work
 for family members and *friends*.

What you refer to would come under the heading of Fair Use over here.  The
sticky part comes when you try to define what a reasonable number of
friends may be.  The entire world won't pass muster.  Nor will The
entire country.

 In USA you seem to have a long history of passing laws that protects
 the revenue for some companies; in the rest of the world we usually
 also take into consideration how we can balance the rights of both
 sides (i.e. in this case the copyright holders and the users).

Let me put it this way.  Suppose you write prose instead of code.  In
particular, suppose you write books, and sell these books to publishers.
Suppose that electronic format editions of your books are released, which
can be purchased for a fee from the publisher and downloaded by the reader
to read on whatever device the format is for (like, say, a PalmOS based
PDA).  Further suppose that someone with a rather liberal idea of family
and friends posts copies of your books to places like binary newsgroups and
makes them available by FTP.  People grab the free version instead of paying
for a liscensed copy.

Not only does your publisher lose potential revenue on this -- _you_ do too.
And since you are like the vast majority of writers, you are lucky if you
_can_ make a living writing, so _any_ lost sales will hurt.  Lose enough
sales and your publiaher may decline to publish your next book because your
sales aren't high enough to make it worth publishing you.

Wouldn't you be at least a _little_ annoyed at widespread copying and
sharing of your work, without even being asked how you felt about it?

I _don't_ like a lot of what is happening re intellectiual property in the
US.  I'm opposed to software patents, for example, and appalled by the
efforts of folks like Disney to indefinitely extend copyrights on stuff they
have.

But most of the folks I know at the moment are writers, artists, and
musicians trying to make a living out of what is essentially intellectual
property, who are _directly_ hurt by unrestricted sharing of thier
copyrighted work.  I'm not concerned about loss of revenue by large
corporations.  I _am_ concerend about the welfare of my friends.

 /Mike
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Dennis

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