On Sat, 2004-01-24 at 10:30, Ross Werner wrote:
> On Fri, 23 Jan 2004, District Webmaster wrote:
> 
> > Just because Mozart could transcribe a symphony after hearing it doesn't
> > mean he did it, then went on to perfrom the work without the author's
> > permission.
> 
> Actually, I remember hearing a story along the same lines, where some 
> composer had a top-secret symphony that he would only play at certain 
> times/places, and Mozart somehow got a ticket and copied the whole 
> symphony and, thereafter, played it without the original author's 
> permission. (And, actually, copying of whole themes and ideas was rampant 
> throughout classical music ... should Mozart's descendants have received 
> royalties every time someone plays a Variation on his Theme? After all, if 
> he _created_ the theme, to take his _creation_ (which /somebody/ has to 
> own, right?) without permission would be morally and ethically wrong, 
> isn't that the argument?)

The story of Mozart memorizing the music and then reproducing it is a
very interesting story indeed, because like today's struggle against
control and oppression by corporations who control information, in
Mozart's time the exact same thing was happening vis a vie the Church
and information pertaining to worship.  You see the secret music that
Mozart copied illegally was a liturgical piece of music that the Pope
kept as his personal music, only to be played in the Vatican at certain
times for the Pope and invited guests.  Then, as now, this piece of
music was strictly purely for the purpose of ego and pride.  Mozart
heard it as a young boy and pirated the score (again using the analog
hole -- his mind).  Since then we, hundreds of years later, have been
blessed to have this music "liberated" and now available and motifs and
themes that run through many different "derivative" works such as hymns
(not necessarily LDS) and other symphonic works.

This leads me to another point that there's no such thing as original
intellectual property.  Besides the fact that all knowledge and ideas
belong solely to God, sometimes several people can arrive at the same
"innovation" independently and even at the same time.  Furthermore, like
a perl script, there does not exist an original idea in the strictest
sense.  Everything is a derivative of something else.  Whether we
realize it or not, we are constantly absorbing thoughts and ideas from
those around us (and they from others) and often our flashes of insight
come to our minds that are inspired by the work and influence of
others.  And I would argue this is a good thing.

Finally, DRM is hardly a new idea, and the whole idea of controlling
knowledge for profit goes back hundreds of years.  During the oppressive
years of the Dark Ages, Latin liturgies combined with church clergy were
combined to be a very real form of DRM on sacred knowledge.  You could
go to church and hear the word (as presented by the church), but you
were restricted from any further manipulation of the data.  Copying was
restricted (mainly because you lacked the key to decrypt it) and
education in Latin language was restricted according to class and social
status.  In fact some of the Reformers paid with their lives for
breaking the DRM on the scriptures and redistributing it in unencumbered
form.

 Ultimately such greed and control on the part of the church caused
their control to collapse when people finally unified against it in the
years leading up to the Renaissance and the Enlightenment.  

Also coming to mind are the craft guilds of centuries past that strove
to keep knowledge secret and restricted to the detriment of most of
society.

While there are many who will argue that modern DRM can hardly be
considered to be a religious issue (indeed the latest songs from the
RIAA can really be described as garbae), when I look back over history
and see the effects of such things, I have to really wonder if anything
is not to be taken in a spiritual or religious light.  And I have to
conclude that as a God-believing, religious person (apparently not the
same type of practicing Mormon as Darl McBride), I have to oppose DRM
and IP oppression as a matter of principle.  That means I fully support
copyright laws (fighting to return them to states or normalcy), and the
principles of honesty and decency, and expect others to also.  

Michael



> 
>   ~ross
-- 
Michael Torrie <[EMAIL PROTECTED]>

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