99words ([info]99words) wrote,

COPYRIGHT


I love music, movies, and books. I also love technology. I want to use technology to deliver the media I love anywhere, anywhen, with anyone.

This is fair use: I bought it, let me use it. I will tell all my friends about my favorite music. I might play it for them or even give them a digital version of a song. This is evangelism, not theft. This is advertising you cannot buy.

Restrictive copyright is like a vegetarian knife. You bought the knife, but if you cut meat with it, we'll sue you. Excuse me? Let's think again.

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  • 49 comments

[info]fontosaurus

January 31 2006, 20:42:23 UTC 6 years ago

FUCKING BRILLIANT.

Anonymous

June 27 2008, 19:13:41 UTC 3 years ago

SzjNZzWkHKb

nWiirF fv9db5dgbn3207vybfv5

Anonymous

3 years ago

Anonymous

3 years ago

Anonymous

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Anonymous

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3 years ago

Anonymous

January 31 2006, 21:23:18 UTC 6 years ago

99

Giving the song YOU bought to someone else means THEY won't buy it.This means the person who created the music/video/etc
is screwed out of the money. What's fair about that?

Use it all you want. You bought it. That's fair, but just
like any other product creators want to be paid. That's fair also.

[info]pavel_lishin

January 31 2006, 21:24:56 UTC 6 years ago

Re: 99

Doesn't necessarily follow. If you download a few samples of a song, you might want to buy the whole CD, or all of that artist's works. Or you might go to their concert, or buy a shirt, etc.

[info]99words

January 31 2006, 21:28:53 UTC 6 years ago

Re: 99

Commercial radio is predicated on the idea of giving people free music in the hopes they will buy it. It has worked for years and continues to work. I'm a songwrtiter who wants to be paid for his work, but I am releasing my next EP under Creative Commons licensing. At least I walk my talk.

Sharing (as opposed to wholesale piracy) is good for artists and their bank accounts, I think. The media loves to get "buzz" around a project. SHaring creates buzz.

Anonymous

6 years ago

Anonymous

6 years ago

[info]angeliwoqu

3 years ago

Anonymous

6 years ago

Anonymous

6 years ago

[info]ritapasor

3 years ago

[info]vakfike5

3 years ago

Anonymous

January 31 2006, 22:04:56 UTC 6 years ago

Wow -- how could anyone NOT see the logic of comparing a CREATED WORK OF ART to a KNIFE???? Yes, a song that's the product of a professional writer and recorded by professional musicians is EXACTLY like a mass-produced utensil. What a BRILLIANT analogy!!!

[info]silas216

January 31 2006, 22:21:46 UTC 6 years ago

Given what usually passes for popular music (and artists, for that matter)these days, that analogy is even more spot on than you realize.

Anonymous

6 years ago

Anonymous

6 years ago

[info]silas216

6 years ago

Anonymous

January 31 2006, 22:25:27 UTC 6 years ago

It's still use of a work that you bought,


and it's an analogy than anyone can understand.
Point One: CD copies of an album are cheap for labels to make.
Point Two: Have you seen the craftsmanship in a really good knife?
Ask a chef or an outdoors enthusiast sometime. A Swiss army knife is a design classic on its own.

[info]99words

January 31 2006, 22:30:20 UTC 6 years ago

you call that a knife?

My original essay was limited to 99 words. it was meant to make a point, but had severe limitations on explaining all the points it made.

Here's a game: take any two objects -- a song and a knife, for instance. Think of three ways they are the same, then three ways they are different. or 12. or 200.

There are many ways the analogy breaks down. Partly becasue giving someone a song is like making a copy of the knife. But the point I was going for is ownership versus licensing.

A knife is *owned*. You can cut anything with it, including yourself. Today, music is *licensed*, and the licensing is increasingly restrictive. In fact, today's DRM removes fair use that has already been tested and approved in the courts in the contexts of cassette tapes and VHS. I'm no legal expert, but my understanding is that platform-switching for portability (taping your vinyl so you can play it in the car) or even for limited non-commercial sharing (making mix tapes for your friends; loaning someone a copy of the show you taped) is already approved.

But the spectre of near-perfect unlimited digital copies has the industry scared, and they are trying to plug all the holes. The difference between sharing and piracy is like the difference between privacy and deceit. It is a matter of degree and of judgement.

Rant off. What else you got?

Anonymous

6 years ago

Anonymous

6 years ago

Anonymous

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Anonymous

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Anonymous

January 31 2006, 23:31:11 UTC 6 years ago

Creative Commons

Is this work under a creative commons license?

[info]99words

February 1 2006, 04:32:44 UTC 6 years ago

Re: Creative Commons

Yes.

This work is licensed under the Creative Commons Attribution-NonCommercial 2.5 License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/2.5/

[info]tauceti

6 years ago

[info]g3k

February 1 2006, 01:51:28 UTC 6 years ago

Hey, BoingBoing people: if you're going to comment, at least bother to sign up for an account so it doesn't look like you're arguing with yourself while wearing an Internet Ski Mask.

For the record, this is pure brilliance.

Anonymous

February 1 2006, 14:32:51 UTC 6 years ago

Damn. If that's "pure" brilliance, I'd HATE to see impure brilliance.

Anonymous

6 years ago

Anonymous

February 1 2006, 19:05:30 UTC 6 years ago

Um, No.

"Restrictive copyright is like a vegetarian knife. You bought the knife, but if you cut meat with it, we'll sue you."

Is this supposed to be an example of sophisticated thinking? In fact, it's not even thinking. Try this: "Restrictive copyright is like a vegetarian knife. You bought the knife, but if you [PUT IT IN A STAR-TREK REPLICATOR AND MAKE FIFTY FREE COPIES OF IT AND GIVE IT TO ALL OF YOUR FRIENDS TO CUT] meat with it, we'll sue you."

"But we're really not stealing the knives," you say, "because our friends will be sure to pay for the exact same knife just because they like it so much. I promise they will. Honestly."

That's such total self-serving bullshit, and deep down inside you all know it is. My friend gives me a free MP3 collection, and so I promise to go out of my way to track down the artists and pay them for it? Who are you fooling?!

It's so obvious to everyone but you that want you really want is to steal. Plain and simple. You think that you're so respectable, but in fact, you're like a little four-year-old who, when caught with his arm buried in the cookie jar and his mouth full of crumbs, says with the straightest, most earnest face, "No, I'm not taking any cookies, Mom. Honest."

The ability of self-serving people to rationalize and deceive themselves into moral respectability is just stunning to behold.

[info]99words

February 1 2006, 20:48:34 UTC 6 years ago

Re: Um, No.

My essay defends fair use, not indiscriminate file sharing. I agree with you -- sharing my entire .mp3 collection on a P2P system is not fair use, even if I legally purchased every CD for which I have an mp3. By the same token, having a collection of 5000 mp3s from 2000 albums I have not purchased is not fair use. It's theft, and I do neither of those things.

To quote my own self: "This is fair use: I *bought* it, let me use it." Fair use includes the right to move my purchased media between platforms/formats for my personal use. There is also established legal and cultural precedent for limited individual not-for-profit sharing.

One of the reasons this issue is so murky is that in an effort to stop rampant wholesale piracy and file sharing (which I agree is bad for artists and record companies), the industry is throwing out the fair use baby with the piracy bathwater. I don't want to lose my baby, even if the water is dirty.

I am a semi-pro unsigned singer-songwriter-producer with a self-released CD. What I want more than anything is to be paid for my music so I can quit my day job. I know exactly how much skill, effort and investment it takes to write a song, perform it, record it, press it, and distribute it. That skill and effort deserved to be compensated.

So no, I don't believe in free cookies for everyone. I make cookies and want somebody to buy mine.

Peace, y'all.

Anonymous

February 1 2006, 20:58:08 UTC 6 years ago

Re: Um, No.

Problem is, it can go both ways. While the knife analogy is not that good since I can't give away the knife and still have it, there are reasons to object to not being able to make a copy for yourself.

Let's face it: "I might play it for them or even give them a digital version of a song." means someone can and will give several "friends" the whole CD. OTOH, if it gets to where I buy a CD but I'm afraid to play it on my laptop for fear of rootkits installing themselves, or not being able to make a CD from other CDs to listen in my car, then there's a problem.

That's why this is such a hard problem, and not the black-and-white thing that those on either side would have you believe. Simultaneously defending against outright theft while allowing honest consumers to use things freely is, so far, impossible.

[info]ninevolttoys

February 1 2006, 19:06:38 UTC 6 years ago

missing the point

It never ceases to amaze me how people tend to obscure the point of a discussion with grammatical and stylistic objections. If you don't understand the analogy, ask for clarification. If you understand the analogy, your objections are just so many mental gymnastics aimed at inflating your own ego.

The key to DRM and all it's tributary issues has to do with profit. If you make a copy of music and give it to a friend, that's word of mouth advertising, a boon to any business whether we're talking about original content creation or knives. If, on the other hand, you SELL the copy to a friend, you've stepped over the line.

Record companies are in business, they exist to make a profit. Any moves they make are toward that end. What sticks in my craw (yes i said it) is the use of the relatively new word in the content industry: repurposing

In other words, "Can we get consumers to pay for the exact same thing again by inventing a new way to play it"?

We buy CD's for only one purpose, to hear music. Most people really don't care how the music is produced/distributed/played. In the age of digital recording and storage, we are paying for a particular arrangement of bits, not the process of recording those bits. Every EULA we agree to should give us the right to use those digits in any form they take without having to pay for the same ARRANGEMENT every time a huge electronics company finds a new way to record/distribute that arrangement.

My 2 cents....and my first ever posting....be gentle with me.

Anonymous

February 1 2006, 21:48:31 UTC 6 years ago

Re: missing the point

I now own 6 Dave Matthews CDs that I never would have bought before Matthews himself released Lillywhite Sessions because his producer refused. A friend gave me a copy of the free CD, I listened, then bought everything I could find by this guy.
That's what sharing does. Sure, there are people who overdo it, and I respect the corporate position when they go after Napster, et al, in an effort to stop the flood of freebies. But when the RIAA sues grandmothers and children for having stuff on their hard drives in shared folders, that's inane and guaranteed to fuel the fire rather than extinguish it.
Sharing generally benefits the artist in the long run, and if the corporate mofos in the industry would back off and cut retail prices a bit, they'd find it benefits them in the long run too. The harder they clamp down, the slipperier it will get.

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January 22 2007, 00:39:08 UTC 5 years ago

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January 21 2011, 18:51:59 UTC 1 year ago

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February 2 2011, 13:00:56 UTC 1 year ago

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