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  #44   Report Post  
JoVee
 
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U-CDK_CHARLES\Charles at "Charles wrote on 7/18/04 7:46
PM:

I for one am reasonably certain that record companies will eventually
figure out a way to make money online, and that none will begrudge them
their profit. I think we're in a transitional time where they came late
to the party and are playing catchup.


this has always bugged me no end, the 'industry' spent the last 10 years
working through severe contract rewriting, marketting conversions, getting
their not-insignificant catalogues converted, and trying to deal with
runaway theft simultaneously. They were on the curve and what is the REAL
issue is that the impatient children-of-all-ages decided that since there
weren't any new Miatas being foisted on them for $2k at their local 7-11
then they'd just haul on over to the Dealership at 3am and drive one off the
lot. IN this case the kiddies' perception that there's some 'catchup'
happening is merely their immersion in Veruca Salt Syndrome.


--
John I-22
(that's 'I' for Initial...)
Recognising what's NOT worth your time, THAT'S the key.
--

  #45   Report Post  
Ryan Mitchley
 
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J well, rather than (for the umpletyteenth time over the last 5 years)
J AGAIN just whining about how the locks the owners are forced to place on
J their wares are 'annoying' to customers... when, since these clueless
J spoiled, self-indulgent self-deluded children ages 10-50+ are publicly
J supported by ersatz lip-service from newspapers radio net and tv
J 'journalists' who steadfastly refuse to use the word 'property theft'
J instead of 'file sharing' every time it comes up, does the movement
J start to make brain-dead blindered self-eviscerating theft uncool?

Actually, there is a significant amount of non-trivial discussion as to
whether intellectual property should be accorded the same treatment as, for
example, land. There are credible arguments that it shouldn't.

Download and read: http://www.free-culture.cc/freeculture.pdf

Besides, "file sharing" is most certainly != "property theft" in general
(the broader possibilities of accessible, efficient file sharing go way
beyond IP theft). Attempts to obfuscate and denigrate the phrase are not
helpful to anyone.

Ryan





  #46   Report Post  
U-CDK_CHARLES\\Charles
 
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On Mon, 19 Jul 2004 15:20:01 GMT, JoVee wrote:
U-CDK_CHARLES\Charles at "Charles wrote on 7/18/04 7:46
PM:

I for one am reasonably certain that record companies will eventually
figure out a way to make money online, and that none will begrudge them
their profit. I think we're in a transitional time where they came late
to the party and are playing catchup.


this has always bugged me no end, the 'industry' spent the last 10 years
working through severe contract rewriting, marketting conversions, getting
their not-insignificant catalogues converted, and trying to deal with
runaway theft simultaneously. They were on the curve and what is the REAL
issue is that the impatient children-of-all-ages decided that since there
weren't any new Miatas being foisted on them for $2k at their local 7-11
then they'd just haul on over to the Dealership at 3am and drive one off the
lot. IN this case the kiddies' perception that there's some 'catchup'
happening is merely their immersion in Veruca Salt Syndrome.


Perhaps.

Seems to me that the Majors stopped selling singles just in time to be
burned by downloads.

If they'd been there FIRST with inexpensive high-quality music--even
if the downloads were locked, Napster wouldn't have happened--why bother
with "low-quality free" when you can get "high quality cheap"?

I'm also not certain that the numbers support the notion that CD sales
ebbed and flowed in response to ANYTHING aside from the state of the
economy and the amount of disposable income in the hands of the target
markets, despite considerable spin from both ends.

Back when I was choir directing, sheet music companies were having a
similar problem. I'd call them:

"Hey, I'd like to buy 25 copies."

"I'm sorry, that's out of print."

"How much for repro rights for 25 copies?"

"I'm sorry, we don't sell reproduction rights. Perhaps if you call all
our dealers, someone will have it in stock . . ." (no one did btw)

I'm telling them, "I have $50 to spend in YOUR catalog" and they said
"No thank you???" What kind of a business plan is THAT?

Well, NOW they've FINALLY figured out that "shipping" a PDF costs them
next to nothing and that most choir directors are happy to comply with a
"30 copy license" just as we were happy to comply with 30 physical
copies.

We'll see what happens. I think at this point the majors are going to
have to add more value--better quality, guaranteed up-compatibility to
new devices, They're smart, they'll think of something--than people can
get for free.

The film companies, otoh, still seem to be married to the business plan of
shipping 100lb crates of film around that encourages bootlegging in
foreign countries. The gripping hand is that I'm not certain if digital
distribution, local printing, and simultaneous rollout is ever going to
be a substitute for "Tom Cruise at the Sydney Premier"

  #47   Report Post  
Ryan Mitchley
 
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J They were on the curve and what is
J the REAL issue is that the impatient children-of-all-ages decided that
J since there weren't any new Miatas being foisted on them for $2k at
J their local 7-11 then they'd just haul on over to the Dealership at 3am
J and drive one off the lot.

Comparing sharing of music files to theft of tangible property is a tenuous,
although understandable, simplification.

It is not always so easy to prove consequential loss to the owner of the
content in the case of easily copyable media. There are numerous gray areas.

If I play one of my CD's to a friend, is that theft?
What if he travels overseas and I email him a clip?
What if I email him one complete song?
What if he decides that he hates the song and would never buy the CD,
anyway?
What if he likes the song and decides to buy the CD?
In which of these cases is the content owner deprived of income or property?

Even if you think that you have non-fuzzy answers to these questions,
realise that there are others who could probably come up with justifiably
different answers. It really isn't as black & white as theft of tangible
property.

Emotionally biased simplifications do not help the debate at all.

Ryan


  #48   Report Post  
Richard Crowley
 
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"Ryan Mitchley" wrote in message
...
J They were on the curve and what is
J the REAL issue is that the impatient children-of-all-ages decided that
J since there weren't any new Miatas being foisted on them for $2k at
J their local 7-11 then they'd just haul on over to the Dealership at

3am
J and drive one off the lot.

Comparing sharing of music files to theft of tangible property is a

tenuous,
although understandable, simplification.

It is not always so easy to prove consequential loss to the owner of the
content in the case of easily copyable media. There are numerous gray

areas.

If I play one of my CD's to a friend, is that theft?
What if he travels overseas and I email him a clip?
What if I email him one complete song?
What if he decides that he hates the song and would never buy the CD,
anyway?
What if he likes the song and decides to buy the CD?
In which of these cases is the content owner deprived of income or

property?

Even if you think that you have non-fuzzy answers to these questions,


Some of us don't find the laws anywhere near as fuzzy as you seem to.
Have you visited your optometrist lately? :-)

realise that there are others who could probably come up with justifiably
different answers.


Hence the reason for published laws to which we consent as
part of the price of living in a civilized society.

It really isn't as black & white as theft of tangible property.

Emotionally biased simplifications do not help the debate at all.


Nor do fuzzy "free-love, flower-power, socialisim for the masses"
arguments. Some of us have lived through the horrors of such
anarchy and we will be suffering the aftereffects for several more
generations.


  #49   Report Post  
hank alrich
 
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U-CDK_CHARLES\Charles wrote:

If they'd been there FIRST with inexpensive high-quality music--even
if the downloads were locked, Napster wouldn't have happened--why bother
with "low-quality free" when you can get "high quality cheap"?


They had these things called "contracts" with the artists and until
those were reconfigured the labels hadn't the right to offer music
online.

--
ha
  #50   Report Post  
Ryan Mitchley
 
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RC Some of us don't find the laws anywhere near as fuzzy as you seem to.
RC Have you visited your optometrist lately? :-)

Why do we need judges or juries at all, for that matter . . . Let's set up
an AI expert system to rule.

The legal system is, and will always be, subject to social pressure and
change. Laws are of human origin and were not handed to us carved in stone
(in contrast to the Ten Commandments, of course :-) ). If you believe
otherwise, then we have too little common ground to continue this debate,
really . . .

Grossly simplifying my arguments does not give the impression of a well
thought out opinion, by the way.

Ryan




  #51   Report Post  
Ben Bradley
 
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On Mon, 19 Jul 2004 17:32:45 +0200, "Ryan Mitchley"
wrote:


J well, rather than (for the umpletyteenth time over the last 5 years)
J AGAIN just whining about how the locks the owners are forced to place on
J their wares are 'annoying' to customers... when, since these clueless
J spoiled, self-indulgent self-deluded children ages 10-50+ are publicly
J supported by ersatz lip-service from newspapers radio net and tv
J 'journalists' who steadfastly refuse to use the word 'property theft'
J instead of 'file sharing' every time it comes up, does the movement
J start to make brain-dead blindered self-eviscerating theft uncool?

Actually, there is a significant amount of non-trivial discussion as to
whether intellectual property should be accorded the same treatment as, for
example, land. There are credible arguments that it shouldn't.


Great. Take the arguments to the public and Congress, and get the
laws changed.

Download and read: http://www.free-culture.cc/freeculture.pdf


I'll have to read that someday.

Besides, "file sharing" is most certainly != "property theft" in general
(the broader possibilities of accessible, efficient file sharing go way
beyond IP theft). Attempts to obfuscate and denigrate the phrase are not
helpful to anyone.


I certainly see your point that p2p file sharing CAN BE used for
legitimate sharing of files with the creators' permissions, but FTP
and webpages are good, longer-established ways of doing the same
thing, and these are usually the ways such files are put on the
internet by their creators. I've heard of cases where musicians put
their own mp3 recordings on p2p networks for promotion and they DO
find new fans this way, but this surely is a small minority of the p2p
traffic.
File sharing programs were specifically designed so that those
writing the programs don't have direct responsibility or knowledge of
the files that users share wink wink nudge nudge, unlike a website
host who might be held liable for illegal files, and thus has a strong
incentive to keep such files off the host systems. It's not that p2p
networks "just happen" to have their majority use being that of
illegal file swapping, they were DESIGNED for that purpose.
If you want a good system for bandwidth-sharing as well as file
sharing, check out BitTorrent. It has, as far as I can see, all the
advantages of distributed bandwidth that P2P has, with the single
disadvantage (for illegal files) of the first copy of the file having
to be hosted on an FTP or HTTP/website.

Ryan


  #52   Report Post  
Ryan Mitchley
 
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Hi Ben

BB Great. Take the arguments to the public and Congress, and get the
BB laws changed.

Well, firstly, I'm in South Africa :-)

Secondly, this is just fine *as long as* the general populace are well
informed and aware of the broader implications in good time, care
sufficiently to make the effort (again, in good time) and do not have any
less motivating power than, for example, big businesses (who certainly *are*
aware of the broader implications, think ahead and are sufficiently
motivated and powerful to look after their own interests).

I wouldn't like to come across as some kind of conspiracy theorist, but the
fact is that any solution that is actually effective to curb piracy is
hugely likely to impact on fundamental rights (whatever those are) and
freedoms. There is also the danger of empowering and creating momentum for
exploitative business models (from the point of view of the
consumer/customer). I wish as much as anyone that there were well accepted
and easy solutions.

Alternative business models (especially) and consumer education, while
possibly limp-wristed, are far less likely to cause long term damage.

Ryan


  #54   Report Post  
Geoff Wood
 
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JoVee wrote:
Geoff Wood at -nospam wrote on 7/17/04 7:36 PM:

I have purchased both Nora Jones CDs that contain some sort of copy
protection. I would have bought them is they hadn't been protected.

I am ****ed off that I am prevented from excercised my FAIR USE of
this product by making digital copies of selected tracks on my own
private-use compilation CDs that I make for (primarily) in-car use.


'fair use'.. damn what a screwed-up term.
SUPPPOSED to mean that you can use excerpts as quotes and references
without being called a thief.
Now it's a blunderbuss implying we all have some real 'right' to make
as many different copies of something as we just wannagottahave.
If I want a second hammer, or need 2 3/4" wrenches for a task, I gots
to buy 'em y'know...



Fair Use is a pretty well understood and legally definined.

Sony / Sonic Foundry have a reasonable and rational approach to licensing
of their media software. As legal holder of a user licence for several
items of their software, I can install it (and register i) on several
different computers, as loonmg as only one instance is being used at a time.

If I have legally purchased a CD, I cannot see where the harm is in having
access to the music in different formats an configurations, as long as I am
only listening to it one instance at a time. Can you point out how a
compilatiion CD of purchased music disadvantages an artist or record
company, and how this is different to a cassette of the same ?

geoff


  #55   Report Post  
Lars Farm
 
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JoVee wrote:

Geoff Wood at -nospam wrote on 7/17/04 7:36 PM:

I have purchased both Nora Jones CDs that contain some sort of copy
protection. I would have bought them is they hadn't been protected.

I am ****ed off that I am prevented from excercised my FAIR USE of this
product by making digital copies of selected tracks on my own private-use
compilation CDs that I make for (primarily) in-car use.


'fair use'.. damn what a screwed-up term.
SUPPPOSED to mean that you can use excerpts as quotes and references without
being called a thief.
Now it's a blunderbuss implying we all have some real 'right' to make as
many different copies of something as we just wannagottahave.
If I want a second hammer, or need 2 3/4" wrenches for a task, I gots to buy
'em y'know...


There's a difference. You actually buy the hammer. The thing is yours.
The seller places no restrictions on its use what so ever. You buy the
CD which is just the medium for what you pay, the music. You do not buy
the music. You only pay for the right to use it. Some one else still
owns the music (whoever holds the commercial part ot its copyright). So,
music can not be compared to a hammer or any other physical thing that
you will actually own.

That said, I feell very much like GW above. If I paid for the right to
listen to the music, then I should be able to do so through whatever
equipment I choose. Connected in whatever kind of playback chain I
prefer when listening. It could be today CD - cheap receiver -
speakers or tomorrow CD - separate preamp - power amp - speakers or
.... or ... or perhaps next week CD - hard disc - sound card - hifi -
speakers or last week CD - hard disc - CDR - car audio or ... you get
the idea. The channel is mine and I should be able to play music the CD
carries and that I paid for through any of my channels whenever I so
choose. Any restriction in this respect is something that reduces the
value of the product and that of course makes me less inclined to buy
the product.

sincerely
Lars

--
lars farm //
http://www.farm.se


  #56   Report Post  
JoVee
 
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Geoff Wood at -nospam wrote on 7/19/04 4:26 PM:

JoVee wrote:
Geoff Wood at
-nospam wrote on 7/17/04 7:36 PM:

I have purchased both Nora Jones CDs that contain some sort of copy
protection. I would have bought them is they hadn't been protected.

I am ****ed off that I am prevented from excercised my FAIR USE of
this product by making digital copies of selected tracks on my own
private-use compilation CDs that I make for (primarily) in-car use.


'fair use'.. damn what a screwed-up term.
SUPPPOSED to mean that you can use excerpts as quotes and references
without being called a thief.
Now it's a blunderbuss implying we all have some real 'right' to make
as many different copies of something as we just wannagottahave.
If I want a second hammer, or need 2 3/4" wrenches for a task, I gots
to buy 'em y'know...


Do you have a separate wrench for each nut ?


No geoff... just that when I buy ONE, i don;t have some free-ticket for as
many more of that same one as I feel I wanna have when I wanna have em. If I
LOSE one or BREAK one I gotta BUY one again cause what i BOUGHT was the
WRENCH. You want a block-o-steel? that's cheap. You want a fin tool? You pay
for the steel, the concept/invention of a particular DESIGN as well as some
level of quality in the reproduction. If SEARS or MAC knew you could just
pop a load of cow**** in the ol Transmogrifier and copy their precision
tools, you KNOW they'd charge a WHOLE lot more for the first one off the
line knowing that everybody'd be copyin' them givin them away... but that's
a few years down the line... we gotta solve the INVENTION and then the
massive amounts of CHEAP POWER that'd make that possible... but the CONCEPT
is exactly the same... as it is for your JOB.
We're gonna wake up or there's goung to be a REEEEEAL interesting 'economy'.

--
John I-22
(that's 'I' for Initial...)
Recognising what's NOT worth your time, THAT'S the key.
--

  #57   Report Post  
JoVee
 
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Geoff Wood at -nospam wrote on 7/19/04 4:33 PM:

JoVee wrote:
Geoff Wood at
-nospam wrote on 7/17/04 7:36 PM:

I have purchased both Nora Jones CDs that contain some sort of copy
protection. I would have bought them is they hadn't been protected.

I am ****ed off that I am prevented from excercised my FAIR USE of
this product by making digital copies of selected tracks on my own
private-use compilation CDs that I make for (primarily) in-car use.


'fair use'.. damn what a screwed-up term.
SUPPPOSED to mean that you can use excerpts as quotes and references
without being called a thief.
Now it's a blunderbuss implying we all have some real 'right' to make
as many different copies of something as we just wannagottahave.
If I want a second hammer, or need 2 3/4" wrenches for a task, I gots
to buy 'em y'know...



Fair Use is a pretty well understood and legally definined.


as long as you keep STRINGLY in mind at all times where the 'legally
defined' walks completely out of the realm of sensibility due to the law
trying lamely to put toothpaste back in a tube.


Sony / Sonic Foundry have a reasonable and rational approach to licensing
of their media software. As legal holder of a user licence for several
items of their software, I can install it (and register i) on several
different computers, as loonmg as only one instance is being used at a time.


BINGO!!!
keep that in mind

If I have legally purchased a CD, I cannot see where the harm is in having
access to the music in different formats an configurations, as long as I am
only listening to it one instance at a time.


and thereby we walk into the odd and amazing realm of TRUST...
There isn't a law on the books that shouldn't be repealed if we use that
logic. It's a wonderfull, optimistic pollyannaish approach.
If only the world were thus.

Can you point out how a
compilatiion CD of purchased music disadvantages an artist or record
company, and how this is different to a cassette of the same ?


Don't follow you.. rephrase..?

We're talking the dissolution of the idea of IP here.
Not much out there for sale that isn;t IP at base...
--
John I-22
(that's 'I' for Initial...)
Recognising what's NOT worth your time, THAT'S the key.
--

  #58   Report Post  
JoVee
 
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Lars Farm at wrote on 7/19/04 4:48 PM:

JoVee wrote:
'fair use'.. damn what a screwed-up term.
SUPPPOSED to mean that you can use excerpts as quotes and references without
being called a thief.
Now it's a blunderbuss implying we all have some real 'right' to make as
many different copies of something as we just wannagottahave.
If I want a second hammer, or need 2 3/4" wrenches for a task, I gots to buy
'em y'know...


There's a difference. You actually buy the hammer. The thing is yours.
The seller places no restrictions on its use what so ever. You buy the
CD which is just the medium for what you pay, the music. You do not buy
the music. You only pay for the right to use it. Some one else still
owns the music (whoever holds the commercial part ot its copyright). So,
music can not be compared to a hammer or any other physical thing that
you will actually own.


So you're saying I can take a Makita, copy it and sell it or give copies
away?


That said, I feel very much like GW above. If I paid for the right to
listen to the music, then I should be able to do so through whatever
equipment I choose.


interesting.
A single copy of something is of exactly equal value to you as a dozen
different copies of something?


... Any restriction in this respect is something that reduces the
value of the product and that of course makes me less inclined to buy
the product.


Ah, now I see, you expect to recieve unrestricted-use rights when you
purchase anything. Seems to me that should cost more.

--
John I-22
(that's 'I' for Initial...)
Recognising what's NOT worth your time, THAT'S the key.
--

  #59   Report Post  
DrBoom
 
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(Mike Rivers) wrote in message
news:znr1090182132k@trad...
In article 94
writes:

[...]

That's probably true, but with all those tiny USB equipped MP3
players, more and more ordinary consumers are copying their CDs
in a computer.


Hey! I've done that! Acutally that's probably legal under the
provisions of the Home Recording Act.


Format and time shifting are both fair use activities, despite the
best efforts of the RIAA and MPAA. DVD encryption brought the DMCA
into the equation, but that's another discussion.

The trick here (and I have no idea how it could be accomplished)
would be to create an MP3 that would only play in that player, or
wouldn't go OUT the USB port as a file - sort of like that trick
that the Sony Minidisk players do. Unfortunately that also
prevents you from transferring an origianal recording out the USB
port - small problem for the creative people, no big deal for
most users.


Any such effort is doomed to failure. Analog transfers will always
be there as a last resort: others in this newsgroup have quite
correctly pointed out that it only takes one or two people to
record, encode, and post to the p2p networks for the cat to be out
of the bag.

The solution doesn't lie in crippling the hardware (like with the
new MiniDisc) or in draconian legislation. All they have to do is
make a product that _people_with_money_to_spend_ want to buy.

Also, to answer your question a little further up this thread: if I
wasn't boycotting members of the RIAA, I would absolutely care if
there was copy protection on a CD that would prevent me from
putting the music on my iPod or my jukebox. Millions of other MP3
player owners (like yourself, presumably) care, too.

Cheers,
-DrBoom
  #60   Report Post  
Jonas Eckerman
 
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(Mike Rivers) wrote in news:znr1090182132k@trad:

That's probably true, but with all those tiny USB equipped MP3
players, more and more ordinary consumers are copying their CDs in a
computer.


Hey! I've done that! Acutally that's probably legal under the
provisions of the Home Recording Act.


It's certainly legal here in Sweden, but what your oddball DMCA would say
about it is something I'm happily unaware about. :-)

The trick here (and I have no idea how it could be accomplished) would
be to create an MP3 that would only play in that player, or wouldn't
go OUT the USB port as a file


That's what a lot of DRM schemes are trying to do. Make it so you can copy
music to the device, but not from teh device to someone else or to the
computer.

A brittish company recently publicised plans to manufacture and sell an MP3
player with a fingerprint reader that would encode the fingerprint in the
audio files so that they can only be played when the person with the right
finger is present. (Noone else really believes anyone will buy this
though.)

Of course, this kind of stuff is 100% dependant on manufacturers of both
hard- and software to actually implement the schemes. Wich in turn is
dependant on economics. With a multitude of MP3 players that allow copying
any way you want, how many units of a much more limited device do you think
you could sell?

Unfortunately that also prevents you from
transferring an origianal recording out the USB port - small problem
for the creative people, no big deal for most users.


Yeah, that can be a problem. What about legally downloadable music files
that the artists themselves put on the web for example?

I've encountered a similar problem, but in another area.

I created a bunch of fonts (for two fantasy worlds). These fonts are
freeware (created by me, one set for my own original world, and one set
with the permission of the owners of the commercial roleplaying setting
they are for). Anyone can download them legally.

I also wanted to let anyone use them as embedded fonts in web-pages. I
downloaded Microsoft's package for creating embedded fonts of this type,
and found that I hade to specify all the web sites that they should be
usuable in. There was no way I could just make these fonts free to use for
any site.

I wrote to Microsoft and explained that I was trying to make a freely
usuable package of fonts that were my own original creations, but they just
said that the technology simply didn't support that.

Kind of ****ed me off for a while. It's my work so I should decide wether
it's freely distributable or not, and Microsoft shouldn't have anything to
say about that.

No real biggie though. I can still distribute the standard TrueType fonts,
and if someone want's to embed them they'll have to find Microsofts package
themselves and learn how to use it. (I was trying to spare people from
having to do that.)

/Jonas


  #61   Report Post  
Mike Rivers
 
Posts: n/a
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In article writes:

It is not always so easy to prove consequential loss to the owner of the
content in the case of easily copyable media. There are numerous gray areas.


The first thing we need to do is stop using the word "theft" and start
saying "violate the copyright law." Because it IS a law. But then
"theft" is so much easier to type and gets people more excited.

If I play one of my CD's to a friend, is that theft?


No. It's what CDs are meant for.

What if he travels overseas and I email him a clip?


Probably (assuming you're talking about a portion of a song). You'd be
violating the law in your country, but it may not be against the law
where he is to possess that clip.

What if I email him one complete song?


Same

What if he decides that he hates the song and would never buy the CD,
anyway?


It doesn't matter. If you steal a car and decide you don't like it and
bring it back, if you're caught, you're still guilty of breaking a
law.

What if he likes the song and decides to buy the CD?


You should get a sales commission from the record company. Send 'em a
bill.

In which of these cases is the content owner deprived of income or property?


In any instance where there would be payment to the owner. If the only
way to hear the music if it wasn't given in violation of the law was
to buy the CD, then that's a loss to the owner. Unless the listener
decides that he won't bother listening to that CD, not even once, not
even one song, not even a fragment.

Even if you think that you have non-fuzzy answers to these questions,
realise that there are others who could probably come up with justifiably
different answers.


There are those who can justify their answers to themselves. But that
isn't what makes the law.


--
I'm really Mike Rivers )
However, until the spam goes away or Hell freezes over,
lots of IP addresses are blocked from this system. If
you e-mail me and it bounces, use your secret decoder ring
and reach me he double-m-eleven-double-zero at yahoo
  #62   Report Post  
Lars Farm
 
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JoVee wrote:

So you're saying I can take a Makita, copy it and sell it or give copies
away?


I said no such thing. I said that once bought *I* can use it as I please
without restrictions. This is not the same with music. I don't buy
music. I buy the right to use it and the more restricted this licence is
the less its value. English is a forreign language, so if you find my
use of English language insufficient then perhaps you'd prefer to
continue in Swedish?

interesting. A single copy of something is of exactly equal value to you
as a dozen different copies of something?


It's still just one copy. It's not the CD, its' the music. The music is
there when played. There is only one of me so there can at any given
playback only be one copy.

Lars


--
lars farm // http://www.farm.se
  #63   Report Post  
Ryan Mitchley
 
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MR I'm not estimating the difficulty at all. Some very difficult things
MR have been accomplished in my lifetime, and if those who claim they are
MR losing money can see a benefit to preventing that by making
MR "unofficial" exchange of music difficult, they'll do it. If they
MR don't, that means they've decided that it will cost them less to let
MR it go than to fix it.

Firstly, anything that actually is capable of producing audio at some point
is *going* to be defeatable, and easily at that. Technical means are a waste
of time and money, and the sooner we all wake up to that, the better. They
really will only pass down a cost to the consumer without giving anything in
return (because they *will* be defetable, I guarantee).

Secondly, anything that would really able to guarantee proper "Digital
Rights Management" is going to introduce a whole lot of other nasties to the
consumer, on a variety of levels and in yet undreamed of ways. If you want
examples, I'll be happy to provide, but I really don't have time right now.

?? But, fundamentally, I object to being the paying schmuck ending up
?? with an inferior product.

MR If my intent is to put it in a CD player and listen to the music, the
MR only way it could be "inferior" (excepting the crappy music or
MR engineering of course) is if a protection scheme somehow changed the
MR audio I was hearing.

?? Do you really feel happy that the CD's you buy are X times
?? more likely to fail from dust, scratches, etc....?

MR X-times more than what (or when)? Has manufacturing gone down scale?

Are you just playing at idiocy or what? The Macrovision scheme, amongst
others, deliberately inserts errors into the data stream, and relies on the
player to correct them. There is a limited amount of redundancy built into
the digital audio data on the CD, and these schemes unquestionably reduce
it. In a strict mathematical sense, these particular copy protection schemes
make a CD with the protection X (where X is a real value greater than one)
times more likely to play back with errors than one without.

Ryan


  #65   Report Post  
Lorin David Schultz
 
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"Mike Rivers" wrote in message
news:znr1090093257k@trad...

Someone will probably actually even BUY the CD. Will it be you?




Probably me. I don't download or otherwise illegally acquire the music
I want. I buy CDs. Thing is, it's impractical for me to carry around
dozens of CDs when I'm on the go (more than dozens if you apply the
"only one or two 'hits' per disc" rule). To overcome that I rip them to
my laptop, which I have to carry anyway.

The courts have said it's okay for me to do that. I can still dub copy
protected discs rather than rip them, but it bugs me that I'd have to.
Setting levels and splitting files and editing in and out points and
such -- I have to do that **** all day at work, I sure as hell don't
want to spend my off time doing it! g

After having to deal with a totally seized, locked-up Mac at work caused
by trying to perform legitimate operations with insidiously "protected"
discs, I've adopted a "just say no" policy on copy protected discs.

--
"It CAN'T be too loud... some of the red lights aren't even on yet!"
- Lorin David Schultz
in the control room
making even bad news sound good

(Remove spamblock to reply)




  #66   Report Post  
Mike Rivers
 
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In article writes:

Firstly, anything that actually is capable of producing audio at some point
is *going* to be defeatable, and easily at that. Technical means are a waste
of time and money, and the sooner we all wake up to that, the better.


You're imagining an iron-clad absoulutely undefeatable system. I'm
thinking about something that will deter some people and swing them
toward paying for what they should pay for. I don't have my free
ProTools system yet, but I'll bet if I wanted it badly enough, I could
have it.

Secondly, anything that would really able to guarantee proper "Digital
Rights Management" is going to introduce a whole lot of other nasties to the
consumer, on a variety of levels and in yet undreamed of ways.


Those can be fixed if it's important enough to fix them in order for
the system to be acceptable, or at least non-intrusive for the
majority. While EVERYONE has the RIGHT to listen to music, that's the
only right they have. If it's possible to listen to it in a proscribed
way that's reasonable to most, that should be the only obligation of
the provider. I don't believe that most people _only_ play CDs on
their computers, and that if it was too inconvenient to transfer them
to something they could play in the car or while jogging, they'd
listen to the radio instead.

If you had only two choices, which would you prefer - paying $1 more
for every CD you bought (emphasis on YOU BOUGHT) or buying a $29 boom
box to put in your computer room for playing CDs?

If you want
examples, I'll be happy to provide, but I really don't have time right now.


Not necessary. You'd only provide examples that support your point
anyway.

Are you just playing at idiocy or what? The Macrovision scheme, amongst
others, deliberately inserts errors into the data stream, and relies on the
player to correct them.


I'm not playing the idiot. I don't know enough about eithe rthe
Macrovision system or how error correction/concealment works to
predict its effect on the robustness of the playback under normal
conditions. Educate me with facts, not your conjectures.

When proper listening tests are conducted, then and only then will you
have evidence to support your claim.

--
I'm really Mike Rivers )
However, until the spam goes away or Hell freezes over,
lots of IP addresses are blocked from this system. If
you e-mail me and it bounces, use your secret decoder ring
and reach me he double-m-eleven-double-zero at yahoo
  #67   Report Post  
Mike Rivers
 
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In article writes:

MR Probably (assuming you're talking about a portion of a song). You'd be
MR violating the law in your country, but it may not be against the law
MR where he is to possess that clip.

Actually, I believe you could be wrong if one could argue fair use (in terms
of quotation and reference). It makes for a non-trivial case, anyway - which
was exactly my point. It's NOT as defined as it is for tangible property.


Fair use is pretty well defined. But individual cases are individual
cases. If a clip is used in a lecture (even an on-line lecture) I
suspect that it would fall under "fair use." If it was for marketing
purposes, while it may not fall under fair use, it would proably be
allowed by the owner. If it was for entertainment, that's not fair
use.

It's easy to come up a boatload of corner cases that demonstrate very easily
that it's NOT as easy to resolve as for concrete objects.


Of course not, but only blatent violations are prosecuted, and when
those go to court, they're usually resolved peacefully, though someone
ends up paying. But the courts don't want 500,000 cases a month where
someone owes someone else a dollar.

This is a legal nightmare to prove. Why not give the benefit of the doubt to
the potential customer instead of instituting a barage of expensive
protection schemes and unenforcable laws that, if actually effective (the
key phrase), are more than likely to infringe severely on personal rights
and freedoms.


That's what we have always had, and the "potential customer" has
abused it. Perhaps he doesn't really have all of those "personal
rights and freedoms" when it comes to intellectual property after all.


--
I'm really Mike Rivers )
However, until the spam goes away or Hell freezes over,
lots of IP addresses are blocked from this system. If
you e-mail me and it bounces, use your secret decoder ring
and reach me he double-m-eleven-double-zero at yahoo
  #69   Report Post  
Lars Farm
 
Posts: n/a
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Mike Rivers wrote:

Sometimes in solving one problem, another one is caused. Every get a
software upgrade that didn't do that to you?


Yes, and sometimes the cure is worse than what it is supposed to cure.
Every license restriction is also something that lessens the value of
the license. Possibly so that it isn't worth paying for.

There could be other reasons for the music industry crisis. It could
have to do with content rather than package. If it becomes more industry
than art then buyers might not find it worth buying. It becomes a
comodity, worth little, rather than something important, worth much. And
that line of thought has nothing to do with mpeg 1 layer 3 or music
download...

sincerely
Lars


--
lars farm // http://www.farm.se
  #71   Report Post  
Ryan Mitchley
 
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MR You're imagining an iron-clad absoulutely undefeatable system. I'm
MR thinking about something that will deter some people and swing them
MR toward paying for what they should pay for.

Again, I repeat, this is not feasible. The moment *one* person has cracked
the scheme, the knowledge, tools and software will become available all over
the world in a very short space of time. There will be no deterrent power.
This deterrent argument is way past its usefulness . . . such systems are
only going to provide (temporary) irritation and raise prices. The DVD
region encoding scheme has only been a nuisance to me, since I *do* order
DVD's from around the world, yet I have never struggled particularly to
defeat it (living in a region 2 country). It usually raises its ugly head
when changing or re-installing software . . . certainly no deterrent, but
definitely an irritation. I would imagine that producing identical
region-free discs all around the world could certainly have saved on costs.

?? Secondly, anything that would really able to guarantee proper "Digital
?? Rights Management" is going to introduce a whole lot of other nasties
?? to the consumer, on a variety of levels and in yet undreamed of ways.

MR Those can be fixed if it's important enough to fix them in order for
MR the system to be acceptable, or at least non-intrusive for the
MR majority. While EVERYONE has the RIGHT to listen to music, that's the
MR only right they have. If it's possible to listen to it in a proscribed
MR way that's reasonable to most, that should be the only obligation of
MR the provider. I don't believe that most people _only_ play CDs on
MR their computers, and that if it was too inconvenient to transfer them
MR to something they could play in the car or while jogging, they'd
MR listen to the radio instead.

You are missing the point that a combination of legislation (especially) and
technical refinements (if feasible) are going to impact people's lives in
way more areas than the music that they listen to. I will give a couple of
examples that could be relevant to the media industry, but the applications
across the board are staggering:

Welcome to the DRM age, an age whe
1) Those pictures you took on your Nikon camera can't be uploaded to your
MSN website, at least without paying a (small, of course) licensing fee to
Microsoft. Sony cameras are not subject to the same limitation, since they
have several agreements and "mutual understandings" in place with Microsoft.
2) The Cubase sessions you've just mixed can't be mastered by your favourite
engineer using ProTools, since the mixes are encrypted and Steinberg have
not yet provided the conversion software. You could, of course, import the
mixes into Wavelab and master.
3) Every time you transfer data from your Panasonic camcorder to your Mac
Adobe video editing suite, an automatic "codec licensing fee" is deducted
electronically from your bank account.
4) The key mappings and program setup data from that patch you created on
your sampler a year ago are encrypted, and you have no way of importing them
into the (competitor's) sampler that you just bought. [This is actually what
is *already* happening with one company's product - it could be Halion, but
don't quote me on that]

The combination of legislation and DRM technology will empower the dominant
industry players to further their domination, notwithstanding minor
considerations such as product quality and ethical business practices. You
could hope that market forces would correct the situation, but there have
been several instances in which the market forces have operated over hugely
long time periods, and have basically been ineffective from the consumer's
point of view.

MR Not necessary. You'd only provide examples that support your point
MR anyway.

Yes, I usually provide examples that support my point. Other examples would
be meaningless . . . no?

MR I'm not playing the idiot. I don't know enough about eithe rthe
MR Macrovision system or how error correction/concealment works to
MR predict its effect on the robustness of the playback under normal
MR conditions. Educate me with facts, not your conjectures.

Parity and data redundancy have been around for decades, and the principles
are not particularly hard. I would suggest that a professional engineer of
any kind should really be quite familiar with the concepts. It doesn't take
much thought, though, to realise that the data recoverability must be quite
significantly compromised in this particular case to thwart the low level
correction abilities of a typical PC CD-ROM.

MR When proper listening tests are conducted, then and only then will you
MR have evidence to support your claim.

"Mr Rivers, we have put an el-cheapo Korean replacement part into your BMW.
But don't worry - just take it for a drive, and I'm sure you won't notice
the difference."

Ryan


  #72   Report Post  
Ryan Mitchley
 
Posts: n/a
Default



MR That's what we have always had, and the "potential customer" has
MR abused it. Perhaps he doesn't really have all of those "personal
MR rights and freedoms" when it comes to intellectual property after all.

Again, download and read: http://www.free-culture.cc/freeculture.pdf

And see my other reply, below.

Ryan


  #73   Report Post  
Andrea
 
Posts: n/a
Default

"Ryan Mitchley" wrote in message m...
J well, rather than (for the umpletyteenth time over the last 5 years)
J AGAIN just whining about how the locks the owners are forced to place on
J their wares are 'annoying' to customers... when, since these clueless
J spoiled, self-indulgent self-deluded children ages 10-50+ are publicly
J supported by ersatz lip-service from newspapers radio net and tv
J 'journalists' who steadfastly refuse to use the word 'property theft'
J instead of 'file sharing' every time it comes up, does the movement
J start to make brain-dead blindered self-eviscerating theft uncool?

Actually, there is a significant amount of non-trivial discussion as to
whether intellectual property should be accorded the same treatment as, for
example, land. There are credible arguments that it shouldn't.

Download and read: http://www.free-culture.cc/freeculture.pdf

Besides, "file sharing" is most certainly != "property theft" in general
(the broader possibilities of accessible, efficient file sharing go way
beyond IP theft). Attempts to obfuscate and denigrate the phrase are not
helpful to anyone.

Ryan


I wouldn't worry too much about if DRM works or it makes people mad,
what everyone should really worry about are Submarine Claims to
intellectual property by DRM companies.

At what stage in the process is the DRM added to the recording? Is it
on the delivered master? Is it on the materials sent and broadcast on
radio,and TV,cleared to resample by other artists as a derrivative?

In the future DRM companies could make claims to 50% of the royalties
from the song recording and broadcast,even if it is just digital bits
or white noise in the recording, even if they do not intend to act
now, they can wait until a large number of companies have adopted
thier DRM to the sound recording then pounce with a huge demand for
royalties.
Andrea
  #75   Report Post  
Lorin David Schultz
 
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"Mike Rivers" wrote in message
news:znr1090328863k@trad...

What's the compelling reason to carry your own music wherever you go?




Um, enjoyment/entertainment. The same reasons I am compelled to
*purchase* said music in the first place. Is the concept peculiar
somehow?

--
"It CAN'T be too loud... some of the red lights aren't even on yet!"
- Lorin David Schultz
in the control room
making even bad news sound good

(Remove spamblock to reply)




  #76   Report Post  
Mike Rivers
 
Posts: n/a
Default


In article writes:

Again, I repeat, this is not feasible. The moment *one* person has cracked
the scheme, the knowledge, tools and software will become available all over
the world in a very short space of time.


Not necessarily. Suppose you told me the eight steps that I had to
take on my PC to defeat the copy protection, and I have a Mac. I'm not
going to buy a PC to copy CDs.

And if you told me that a ripped copy was available from a certain
download location, I might just not be into doing that. While I
recognize that there are some people who will jump through many hoops
to get something for nothing (or even offer something so that others
can get it for nothing) and some will actually enjoy doing it, the
more complicated it is, the more people will drop out of that club.

You are missing the point that a combination of legislation (especially) and
technical refinements (if feasible) are going to impact people's lives in
way more areas than the music that they listen to.


I'm not missing that you're stating that, I just don't believe it's
going to be a big problem for the majority. For a small group, yes,
but we don't make laws to please everybody. If the CDs I buy get
cheaper because a few more people who decide it's too much trouble to
get them for free start paying for them, that's good for me, and for
everyone else who buys CDs.

If my CDs are unsatisfactory, this is something that I can take up
with the makers once I determine that this is the case.

I will give a couple of examples


You just couldn't resist, could you? g

Welcome to the DRM age, an age whe
1) Those pictures you took on your Nikon camera can't be uploaded to your
MSN website, at least without paying a (small, of course) licensing fee to
Microsoft. Sony cameras are not subject to the same limitation, since they
have several agreements and "mutual understandings" in place with Microsoft.


However, the Sony camera costs more than the Nikon because they had to
pay Microsoft for the privilige of letting their customers upload to
the web site. (OK, so most Sony cameras don't cost more than Nikons,
but let's say we're comparing them feature for feature).

2) The Cubase sessions you've just mixed can't be mastered by your favourite
engineer using ProTools, since the mixes are encrypted and Steinberg have
not yet provided the conversion software. You could, of course, import the
mixes into Wavelab and master.


It wasn't until Mackie came up with a $400 software upgrade that I
could export my Mackie HDR24/96 recordings to ProTools. And until
fairly recently you couldn't control ProTools with third party
controllers. And if I want to use a high class A/D converter to get
into ProTools, I have to buy at least a Digidesign digital I/O box. I
can't run the ProTools software without at least some of their
hardware, even if I'm not going to actually use it.

But all it takes is money changing hands and the system opens up.

3) Every time you transfer data from your Panasonic camcorder to your Mac
Adobe video editing suite, an automatic "codec licensing fee" is deducted
electronically from your bank account.


Every time you buy a cassette (or an audio CD, if anyone buys those
any more, or a Minidisk), an "artist royalty fee" is deducted frmo
your wallet. ****es you off in concept, but it doesn't break the bank.
It's a cost of doing business (or having fun).

4) The key mappings and program setup data from that patch you created on
your sampler a year ago are encrypted, and you have no way of importing them
into the (competitor's) sampler that you just bought.


There's lots of proprietary hardware that doesn't talk to hardware
that functions similarly. Rubber Chicken Software had a good business
going for a while selling reverse-engineered "bridges" between
samplers.

The combination of legislation and DRM technology will empower the dominant
industry players to further their domination, notwithstanding minor
considerations such as product quality and ethical business practices. You
could hope that market forces would correct the situation, but there have
been several instances in which the market forces have operated over hugely
long time periods, and have basically been ineffective from the consumer's
point of view.


The more things change, the more they stay the same. Intellectual
property law changes very slowly, as does the average person's
understanding of it. Technology changes much faster. If the laws kept
up with technology, they'd be changing too fast for the courts to keep
up.

Parity and data redundancy have been around for decades, and the principles
are not particularly hard. I would suggest that a professional engineer of
any kind should really be quite familiar with the concepts. It doesn't take
much thought, though, to realise that the data recoverability must be quite
significantly compromised in this particular case to thwart the low level
correction abilities of a typical PC CD-ROM.


Perhaps a typical CD-ROM, but a pressed CD is quite robust. Probalby
fewer errors, so correction isn't as much of a problem. I would
presume that the designers of such a copy deterrent system would
understand how much 'error headroom' a typical CD has and would stay
within that budget. They don't want 50% of the CDs they sell to come
back. I think you're making assumptions and accusations without
actually looking very deeply into the work that these people have
done, or are planning to do. I don't know the company or their
reputation, but I know the CD industry and I know that they wouldn't
do something totally stupid.

"Mr Rivers, we have put an el-cheapo Korean replacement part into your BMW.
But don't worry - just take it for a drive, and I'm sure you won't notice
the difference."


With certain parts, I'm sure I wouldn't notice the difference.
Besides, I have a Lexus.

--
I'm really Mike Rivers )
However, until the spam goes away or Hell freezes over,
lots of IP addresses are blocked from this system. If
you e-mail me and it bounces, use your secret decoder ring
and reach me he double-m-eleven-double-zero at yahoo
  #78   Report Post  
Scott Dorsey
 
Posts: n/a
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Lorin David Schultz wrote:
"Mike Rivers" wrote in message
news:znr1090328863k@trad...

What's the compelling reason to carry your own music wherever you go?


Um, enjoyment/entertainment. The same reasons I am compelled to
*purchase* said music in the first place. Is the concept peculiar
somehow?


See, I find it distracting. I want to _listen_ to music, and having
music around that I can't listen to (because I have to do something
else) is annoying.
--scott


--
"C'est un Nagra. C'est suisse, et tres, tres precis."
  #80   Report Post  
DrBoom
 
Posts: n/a
Default

Not picking on you, Mike -- we just happen to disagree. :-)

(Mike Rivers) wrote in message
news:znr1090354449k@trad...

[...]

There's lots of proprietary hardware that doesn't talk to
hardware that functions similarly. Rubber Chicken Software had a
good business going for a while selling reverse-engineered
"bridges" between samplers.


One problem: the DMCA makes this kind of reverse engineering
illegal if it circumvents "security measures".

[...]

The more things change, the more they stay the same. Intellectual
property law changes very slowly, as does the average person's
understanding of it. Technology changes much faster. If the laws
kept up with technology, they'd be changing too fast for the
courts to keep up.


Sorry, I don't buy this.

So-called intellectual property legislation has changed more in the
past twenty or tweny-five years than in the previous hundred fifty.
If anything, is it ahead of the curve and should slow the hell down.

We've had two extensions to the copyright term, codification of the
Berne Convention into U.S. law, introduction of software and
business process patents, the DMCA ... the list goes on, and is
likely to get longer soon.

The disgusting thing is that it's all driven by greedy *******s who
want to *take* from the public domain, but never put anything back.

Go read MacAulay's speeches on the subject if you haven't already.
Talk to some intellectual property lawyers. Most will tell you that
our current system is ****ty for everything but their billable hours.

-DrBoom
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