>in this discussion, i will take the side against present copyright law.
>it's like following the laws of the Old testament.
>they were written for a different time in human consciousness.
>brothers and sisters. I bring you the New testament.
>these are just laws. they can be rewritten as we change.
>(look at how we're having this conversation--we're changing)

True. Laws do change, but copyright laws seem to be changing in favor of the 
copyright holders, due most likely to powerful media lobbies that are 
recognizing how technology is making pirating simple. Look at what's going 
on with DRM. There's a lot of money at stake.


> > As for violations, they cannot sue every violator, which is why at some
> > point they are going to have to start making examples of people like the
> > RIAA has/is. They may not sue everyone, but who wants to be one of the 
>ones
> > sued?
>
>huh, weird way to go about it.
>so much fear.

Not really, we can look at everything from traffic tickets to spankings to 
public executions to honor killings and many other horrible activities meant 
to serve as a deterrent to crime. Similar concept. Really, what other choice 
do they have to protect their rights?


> > Because someone spent blood, tears, and money to create it. If it 
>belongs to
> > them, why should you be alowed to take it without permission?
>
>because its part of the culture. TV/music/movies is all around us.
>its in our memory and in our language.
>I speak about the things i see and hear around the water cooler...
>how can you say i cannot use it in my voice which is also audio and
>video on a blog?

You can use your voice and image in a vlog because you have permission. It 
is like taking a camcorder into a movie theatre -- just because you see it 
doesn't mean you can record it and it certainly doesn't mean you can 
distribute it. But you are welcome to talk about it all you want. But just 
because something is in your memory doesn't mean you own it, you only own 
the memory of it. Should I be able to kick the people out of my childhood 
home?



> > Creative Commons is a licensing agreement determined by the creator not 
>by
> > the user. What you are describing seems to take control away from the 
>person
> > who invented/created something.
>
>youve misunderstood me.
>and the point is that creators(big and small) need to move from
>traditional, ineffective copyright law to a more flexible and sane
>system.
>as the creator, you can own the work...but you let people use it under
>certain conditions.
>
>for example, youll let me play with your work for fun...but if i want
>to make money...you get a piece of the action.
>
>why is this important?
>you ever try contacting a major media company to use a video/audio clip?
>its a no go.
>bascially any commercial content will always be off-limits to regular 
>people.
>is this sane?
>like andrew said, dont drive 56 mph.


No, I think I understood you. You are talking about a requirement to allow 
people to use your creation against your will in a way which could impact 
your profits. I would suggest that the current system is sane to the 
copyright holder, but restrictive to the end user. I personally think the 
creator deserves more protection than the user.

You mention using copyrighted material for fun, but giving a cut of profit 
if money is involved. If I stream a movie/show/song for free I make no 
profit, but the users don't have to go buy the material. So, even though I 
made no money the copyright holder lost money.

That's the beauty of the Creative Commons license, if someone wants to give 
away more rights they can, if they don't they don't have to.


> > Ah, but money is the driving force behind many creations. Not everyone
> > creates to get more "play." If someone quits their job and slaves for 
>three
> > months to write  a great novel and then I come along and print the text 
>out
> > and give it to every person in the country is that fair? Hey, just 
>because
> > the author isn't making money and isn't on the bestseller list I am 
>helping
> > him out because now more people can read his book? That doesn't sound 
>like a
> > great deal to me.
>
>lets think this through.
>what i would most likely be playing with is pop-culture...becasue its
>part of our language.
>so its already popular and getting lots of money.
>Coke wants me to wear their t-shirts all the time..."coke, never forget".
>
>if i play with a work of an obscure artist...then im giving him/her 
>exposure.
>and by giving exposure...commercial attention will follow.


Coke want you to wear their shirts, but they -- like most companies -- are 
very protective of their brand and may not appreciate the t-shirt you make. 
Maybe the font is off or the color isn't right or the context isn't how they 
would present their image. Also the t-shirt maker would lose a lot of 
business if everyone could make their own shirts -- shirts he paid Coca-Cola 
for the exclusive rights to make. So now, because we've loosened rights: 
coke loses money they could have made selling rights to print their 
t-shirts, t-shirt maker/seller loses business because there is no need to 
buy the product, and coke loses control over how their product is presented. 
Maybe someone who had coke growing up might make and sell a soda that tastes 
just like it and call it Coca-Cola. If everything can be made into a 
knockoff, aside from the econmic impact, how do you know what you are 
getting?

As for the obscure artist, perhaps he prefers obscurity. If his paintings 
show up on t-shirts and bedsheets and shower curtains people may think he 
sold out and his paintings won't sell as well. Also, what if he worked for 
months at great expense on a piece and then someone modifies it and he 
doesn't like it. Too bad for him? Then the newer version gets modified and 
that gets modified, etc. What if somebody modifies the work to sell a 
product or promote an ideology he doesn't believe in?


> > Again, that isn't to say there aren't good examples, but those seem to 
>be
> > examples where the creator is fine with taking a certain loss by
> > distributing content for free. I can't think of a good example where the
> > creator was against unauthorized use and illegal distribution turned out
> > good for him.
>
>the argument of pirate vs pay is essentially false.
>people "pirate" Brittany Spears.
>Brittany Spears still makes a pile of money.


Let's examine this statement: it is okay to steal from people who we think 
make enough money? So what is the threshold yearly income for that, cause 
I'd like a Jaguar. "Sure, I am taking your car,but it is okay, you still 
make a lot of money"? Maybe someone who makes less than you would like your 
videocamera.


>Traditional media believes that its all or nothing.
>so afraid to let go of their content and let it flow...and probably
>make more money.
>people pay for whats good...and they also try things out for free online.
>
>I "pirate" a copy of Final Cut Pro.
>but i consistently buy macs and all of its products.
>symbiotic relationship.


Sure, but there is an impact: Final Cut Pro doesn't sell as well as 
anticipated, gotta lay people off, next version of Final Cut Pro stinks.

Why should someone give up their rights? It's kind of like money. Let's say 
someone makes $50,000 a year. But there are a lot of people who make less, 
so he is compelled to give his money to whomever wants it. He worked all 
year to make that amount. He went to college to make that amount. He has 
bills to pay with that amount. Is it fair that he should be required to give 
up his money? (this is not an analogy about taxes, I swear!)



> > Creativity is rewarded when the creator gets paid. In the example of the
> > novelist -- what would the incentive be for quitting one's job and 
>slaving
> > for three months on a really great novel if there was no payoff other 
>than
> > the satisfaction of a job well done? That isn't going to pay the bills. 
>So
> > now our writer has positively contributed to the arts and society but 
>winds
> > up homeless because of it.
>
>youre telling me that if i write the bestest book in the world...that,
>except for current copyright law, everyone will "steal" it...and I
>wont make a dime?
>there's no other way?


I was giving an extreme analogy to prove a point. However, current copyright 
law is set up to prevent such theft, while the loosening of restrictions 
could make it permissible.


> > Creativity is helped when there is a return on investment. Also, if you
> > can't steal other people's stuff you'll have to create your own -- which
> > spurs creativity. I would suggest that reusing content chills creativity
> > more.
>
>Mr Walt Disney made his empire on stolen content.
>Sleeping Beauty, Cinderella, Snow White, Pinnochio.....
>its in our genes to reuse whats around us.
>so funny that Disney is the biggest defender of copyright law now.

Disney used stories in the public domain -- which we are all free to do -- , 
but he paid for the painstakingly hand-drawn cells, the songs, the actors, 
the film, the studio, the distribution, the support and administrative 
staff, the scripts, etc. and he took the risk.


>jay


-David




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