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Copyright, Business And What’s Best For *People*

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It’s Time To Rethink Copyright Law
Michael Arrington

[...] My position is that it’s bad to criminalize natural behavior. And watching a clip of The Office, whether it’s legally on Hulu or illegally on YouTube is natural behavior. The only question is whether or not people are getting sued, or going to jail, for doing it.

It’s time to rethink copyright laws, and it’s time for copyright holders to rethink their business models. The winners won’t be the companies that win or lose billion dollar lawsuits. It’ll be the companies that throw out everything that’s come before, and build new businesses around the natural behavior of people. Remove friction and win.

We’re really trying, Michael.

Image originally uploaded by Kingdom of Awesome

Andrew Keen Draws Out Lawrence Lessig’s Pimp Hand

larry lessig smacks down andrew keen
(shot by Joi)

I’m betting this scene was one of those “wish I was there” moments.

How about a caption contest? Here’s my best shot:

Lessig: You have absolutely no clue how to properly research a thesis and position it within the context of a world bent on taking what is available through the advancement of technology. Millions of people stand on the balls of their feet each day to reach a counter on which our culture leave bits of data dangling for use, whether on purpose or not, and all you can say is that I “laud the appropriation of intellectual property.”

All I have ever espoused for is that our society curbs the availability of “illegal” intellectual property by simultaneous expanding the choice in copyright and the ease in which both creative people and corporations alike can assign such options.

Keen: Heh… he said “balls.”

Feel free to leave your attempt in the comments.

Seriously, folks, we’re two years into this crap that Keen floats as intellectual discourse. Can we please just call a spade a spade (or call an opportunist an opportunist) and move on?

Sweden Isn’t Buying The Cries Of The Copyright Industry

swedish flag...

Political breakthrough for file-sharers in Sweden

[...] “Of course we understand that the record industry opposes the present development because the industry will soon become obsolete”, the politicians wrote. “There will always be forces that want to maintain the status quo profitable to them. When the markets change, these old industries scream to politicians to help them with draconic measures. Should the politicians have agreed to all past demands of the copyright industry we would today have a very poor media landscape with no video recorders, no mp3 players and no online TV.” [...]

We will never experience such enlightenment from politicians in this country.

Trent Reznor: Rebel With A Cause

Rebel with a cause
(originally uploaded by twm1340)

Trent Reznor has been in a fight with the copyright team at Universal over putting up a remix site for his fans to mashup his tunes. Universal’s greatest fear is that people will mix in songs from other artists (and other labels) and that they’d be held liable.

Well, up until last night, the legal monkeys had held him at bay. Today, on his blog, Reznor simply writes:

Sometimes you just have to say… “fuck it.” The remix site is UP! Have fun.

remix.nin.com

This will be interesting.

Now That Health Care Reform And Poverty Are Licked, Our Government Steps Up To Sue 12 Year-Olds For Downloading Justin Timberlake Tracks

unfuckingbelievable
(originally uploaded by lounger)

Senate Bill Would Empower DOJ to File Civil P2P Lawsuits

A bipartisan bill introduced in the U.S. Senate on Wednesday would give the Justice Department the power to pursue civil copyright enforcement actions against individuals who use file-sharing networks. The Intellectual Property Enforcement Act was introduced by Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) and committee member Sen. John Cornyn (R-Texas).

The bill would authorize additional funding to investigate and prosecute intellectual property crimes involving computers and the Internet, and allocate additional funds to the FBI to assign more agents to work on intellectual property crimes; it would also classify both the importation and exportation of pirated works as infringement.

“Copyright infringement silently drains America’s economy and undermines the talent, creativity and initiative that are a great source of strength to our nation,” Sen. Leahy said in a statement.

Similar legislation (also called the “Pirate Act”) has previously cleared the Senate three times, CNET News.com reported, despite contentions from civil liberties advocates and others that the legislation would essentially have the government filing the lawsuits currently being pursued by corporate copyright interests like the Recording Industry Association of America.

“I applaud Senators Leahy and Cornyn’s leadership in working to ensure that adequate resources are available to enforce our nation’s intellectual property laws,” said Motion Picture Association of America chairman and CEO Dan Glickman.

I think I’ve officially seen it all, now.

The head of the MPAA — an outfit whose primary role is to censure artistic vision in order to “protect” the average American — applauds two Senators for pushing legislation through Congress to allocate money straight out of our pockets to police and prosecute his industry’s headaches?

Mr. Glickman, let me be the first to applaud you. Seriously. Way to teach the kids about how capitalism works. At least they’ll have that life lesson in tow as they forgo college to pay into perpetuity for downloading a copy of Rocky IV.

The only good this will do is reinforce the notion that we all need to become greater creators of culture, while only consuming independent goods.

That’s my silver-lining and I’m sticking to it.

UPDATE: Apparently, on the very same day the above legislation was introduced, the Democrats pushed through another bill to extend the Higher Education Act of 1965.

ZDNET
Democrats: Colleges must police copyright, or else

The U.S. House of Representatives bill (PDF), which was introduced late Friday by top Democratic politicians, could give the movie and music industries a new revenue stream by pressuring schools into signing up for monthly subscription services such as Ruckus and Napster. Ruckus is advertising-supported, and Napster charges a monthly fee per student.

The Motion Picture Association of America (MPAA) applauded the proposal, which is embedded in a 747-page spending and financial aid bill. “We very much support the language in the bill, which requires universities to provide evidence that they have a plan for implementing a technology to address illegal file sharing,” said Angela Martinez, a spokeswoman for the MPAA.

According to the bill, if universities did not agree to test “technology-based deterrents to prevent such illegal activity,” all of their students — even ones who don’t own a computer — would lose federal financial aid.

Pulling financial aid from students without computers? Man, that’s low.

“Such an extraordinarily inappropriate and punitive outcome would result in all students on that campus losing their federal financial aid–including Pell grants and student loans that are essential to their ability to attend college, advance their education, and acquire the skills necessary to compete in the 21st-century economy,” a letter from university officials to Congress written on Wednesday said. “Lower-income students, those most in need of federal financial aid, would be harmed most under the entertainment industry’s proposal.”

Check out this move by the lobbyists for the MPAA and RIAA:

The old language over the summer required schools to develop “a plan for implementing a technology-based deterrent to prevent the illegal downloading or peer-to-peer distribution of intellectual property.” The new language requires “a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity.”

In other words, if universities pay large, lump sums for providing campus-wide subscription services for their students to download music and film legally, then the federal government won’t be forced to turn off financial aid.

Of course the cost of these subscriptions will be pushed onto the incoming class of 2010 and beyond in the form of an extra bump to the traditional yearly tuition increase that occurs each year across our land in these fine institutions.

What a racket. Organized crime isn’t this fucking organized.

UPDATE II At least I’m not alone out here:

Larry Lessig: (Re)Creativity

I wonder if we’ll ever recognize how lucky we are to have someone as level-headed and pragmatic like Larry Lessig to champion the read/write culture of our internet. How he thrives against the backdrop of continuous salvo’s fired from both corporations and individuals alike, I’ll never know.

Sick The RIAA ON EMI

So, you know how the RIAA and the majors — Sony BMG, EMI, Universal and Warner — get so righteous about protecting artist’s copyright by going after disabled women and children who download music from the internet without paying, right?

Remember, these are the people who drag their crosses to crucify others — in their words — to prevent “starving artists” from littering the American landscape.

Check out this amazing story of hypocrisy:

robert fripp

Robert Fripp

[...]

We are looking, inter alia, at payment by EMI for illegal out-of-period (post 2003) sales, and returns of unsold CDs. A concern with returns is always that they are not dumped back onto the market by mistake (by mistake, dear reader). We seem to be close to agreement on these two matters, on the basis of our current researches.

The third item for consideration is more difficult: downloads.

After the license expired, King Crimson tracks repeatedly appeared on various download websites licensed from EMI. If this had happened during the license period, it would have been disturbing — even though shit happens and we should have gotten over it! — because EMI never had download rights from us. At the beginning of the license period, there was no such item as downloads; at the end of the period (December 31st. 2003), downloads were clearly an important part of the future. The EMI license was not renewed because we were not willing to approve download rights –- even though they aren’t important! but it’s standard EMI company policy that we have to have them! even though they’re not important! –- because the royalty terms offered sucked (these are current industry standard royalty terms).

[...]

What galls is the cavalier approach to copyright ownership of someone other than EMI. It’s a little too rich to punish punters for illegal downloads of EMI copyright material when EMI are themselves guilty of copyright violation. The response, many months ago, of the EMI lawyer (the one who also said shit happens! get over it) effectively told us I’ve done my best! we’ve told them to take it down! This isn’t quite good enough when making publicly available the copyright material of others. How bad do EMI management systems have to be that the company has no power of control over its licensing to download companies? What checks were made to ensure that EMI had the rights to King Crimson / RF material? What systems did EMI have in place to ensure that all licensees were promptly informed when the license ended? Why did these systems fail in several EMI territories? What did EMI do to ensure their licensees honour the reversions?

[...]

Clearly, EMI as dinosaur doesn’t have a great deal of intelligence; does have a series of system failures to acknowledge, address & accept responsibility for; and compensate those who have been impacted – in this case, Panegyric, KC & DGM.

A general comment on large record companies: inefficiency in departments can rarely be remedied by outside parties who lose because of it. This is a full-time job, is very expensive, a major distraction from the creative life, and almost wholly a negative experience. This is the good news.

The bad news: this is known by the company, and allowed for within its operating structure. That is, efficiency is not seen as being in the direct interest of the record company - because it profits from its carelessness.

[...]

The majors are nothing but suits in corner offices, protecting the world they’ve know, enjoyed and gotten rich from for the past 50 years. Suits don’t care about the music industry; they care about their net worth. They’re not passing a family business down to their kids; they’re making what they can, while they can.

So they screw the very artists who shed the sweat, blood and tears that puts money in their pockets.

Evolve or die means nothing to these fucks, because their souls are already dead.

(via Good Day Sunshine)