It could also result in far more draconian DRM, as that would be the only way left to protect your work.
Now drastically lowering the time of copyright might be well worth it, something in the realm of 20 years should be enough. As copyright needs to get back to a point where things you consumed in your lifetime, make it into the public domain in your lifetime.
There is no way to protect video, audio or text from being copied. DRM just prevents low effort consumer copying.
Or more practically, just look at cinemas. They already film the audience to prevent filming and with great success. While you still get illegal copies of a movie easily, it's only extremely low quality smartphone rubbish. The high quality piracy videos only shows up months later once the films hit streaming services or Bluray.
And all of that is just current tech, lets assume VR will become a success in the future. Now you have a device on your head that tracks every little one of your moves, including things like heart rate and eye-tracking. Furthermore, what streams to you isn't an easily ripable 2D copy of the movie, but the 3D view of sitting in a cinema. Good luck trying to rip that. And of course tamper proof hardware is a thing as well, so any attempt at opening it up will automatically self destruct it and phone home that you tampered with it.
Other than that, all DRM does it makes it harder, not impossible, to copy.
So, "you are being watched as you watch". Not by an uncaring attendant, but by some actively processing automation.
I think you've identified pretty much the only way (that I can think of, anyway). If you surveil all consumers and instantly arrest them the moment they make a copy, mission accomplished.
Short of that, though, as long as the data is being presented out in the open (light waves, sound waves, text), it's going to be possible to "rip" it.
You may see lower revenues, but how much cost is currently poured into resolving licensing / investing in DRM / etc, all for works to be pirated anyway?
So, when you have good content with reasonable prices, people also come and buy.
Also, there are some eBooks in Kobo store devoid of any DRM. So, publishers are not forced to use DRM on Kobo, as well.
God no. Right now, we'd be getting remakes from every piece of pop-culture that was semi-popular in the 80s-2002 time frame. Not just movies, but TV series, books, theatre, musicals, ...
Sure, copyright should be shortened, but I don't begrudge (eg.) a one hit winner making money off their hit decades layer. Life of artist is reasonable, I think. They take a gamble on a profession with risky pay-out; if it works out at least once for them, let them reap the benefits.
That's exactly what we are getting right now though. Looking at the top ten of the box office right now, only three are not part of an existing franchise. Three of them are reboots of 80s movies, four if you count comic books. Large IP holders recognize under the current system, it is much more profitable to exploit their existing IP than to come up with new concepts. If the copyright terms were significantly shorter, the pressure to be original would be far higher.
We are getting these things anyway, except that the originals are far less accessible than they should be. Entertainment trends are cyclical.
Put differently: we'd be inundated with much worse schlock than we get now.
It's not the job of copyright to allow people to get lazy or companies profiting forever from the rights they bought. The goal should be to encourage original works and current copyright isn't very good at doing so.
Also it's not like the author would go completely penniless here. Just because everybody can make a StarWars doesn't mean there won't still be a George Lucas approved canon-StarWars. Slapping the authors name on your product to declare it the "Read Thing™" might still be worth a bit and might frankly be better than today's sequels that happen completely without any of the original creators being involved.
Should I be disallowed to commercialise it?
I partly get where you stand but if I was in a society that you seem to endorse my first question would be, other than for the love of doing it, why sink so much effort into a thing only to get nothing back. It almost is the opposite of a meritocracy.
Note that if you don't defend it in court, our justice system thinks it is less valueable to protect. Which in itself is kind of ridiculous.
Also, right to commercialization has nothing to do with intellectual property.
There's always someone who just has to spread the despair and helplessness. Every bloody time. Tell me, in what way does this add to the discussion? I wish there was a ban on these kind of comments.
> right to commercialization has nothing to do with intellectual property.
I don't understand. If I don't own it I can't market it, right?
It you only want answers you like go talk to a mirror. The way this adds to the discussion should be pretty obvious, but let me spill it out: If one of the main arguments for IP is wrong it's costs/benefits have to be reevaluated.
IOW he didn't say what you claim. Plus he gave no way forward to achieve his goals, and am I not in any position right now to Bring Down The Man, much as The Man may need it, so it was just a hopeless valueless post.
As such, I would say what they said is absolutely what I claimed. I just explained it in plainer terms and without requiring you to (re)read the rest of the thread.
Edit: The fact that you summarised "this system must be destroyed" as "hopeless" says something about your own fundamental hopelessness and despair. Which you kind of ironically attributed to someone else.
I don't agree, just the excessive enforcement of it may well be.
> The fact that you summarised "this system must be destroyed" as "hopeless" says something
No. What I said was:
> hopeless valueless post.
The post was valueless because it gives no direction, no means. And I detest such posts because they offer nothing useful. They are unconstructive. Hence are valueless.
ONLY private persons should own patents, and it should be illegal even for employers or institutions (academic, research) to own patents of people employed to do research. At most companies and istitutions should be allowed to add a clause of "perpetual-free-usage of any patents of employees resulting from direct work" - but an employee or group-of-employees holdig a patent should still be able to license it to other companies too. If businesses are hurt, that's GOOD, most should not exist as coagulated entities.
We're not gonna have proper freedom preserving capitalism ultil we properly decentralize: we all work like swarms of 1-person-companies / solopreneurs contracting between eachother. (No, not the gig-economy, in that distopia we're all still slaves that can't band together to fight the masters.) Legislation will automatically have to be refacored to make this work. With some exceptions, only human individuals should hold most property, not companies and not institutions. Groups/collectives only when the group members directly worked together and know eachother.
And Intellectual Property would just "click in" in in such context. IP sounds hellish and disfunctional because our own practically techno-communist society (yeah, even USA is practically "communist" nowadays in a way - newsflash: "the reds" have won! even the f symbolism is there, "the red pill" is the good one now... all's backwards) is messed up. It makes perfect sense in a hyper-decentralized hyper-individualistic REALLY democratic and REALLY capitalist society.
Of course I like to be credited for my work — but some fan adding my work to a pirate page would not be a concern but rather a bit flattering. What would anger me would be someone claiming credit for themselves, some rich company taking the material without paying me, things of that sort.
Nothing wrong with expecting to get paid for your work. If as a consumer you don’t want to pay, stick to open source and freely licensed media.
There are quite some hoops small self publishers have to jump through to get their music sold in a way it can actually interfere with the big corps in that space. These hoops are all there to make the market entrance harder, they are not there to protect artists.
No one said anything about disallowing you from doing anything.
>my first question would be, other than for the love of doing it, why sink so much effort into a thing only to get nothing back.
Is it wise to sink your time into something you don't really like doing?
or it might. Your own answer acknowledges that with the 'might'. So yes, you measure the odds then throw the dice.
I believe you are mis-phrasing the question. What you're actually asking is:
> Should the state criminalize and punish people who make copies of my work, to facilitate my commercial activity with it?
And our answer is "No".
You can go ahead and engage in whatever commercial activity you like, based on open access to your work.
Overheard from an IP lawyer I stood near to once - something about f/oss software being incorporated into commercial products being a big issue (for the free stuff, not the company doing the 'stealing' of it). Your view?
the licences are being ignored. It's what she said.
You:
> This is the exact reason why copyleft licenses are important: you can reuse (A)GPL content, but if you do so the result must be given back to the community
Me: the frigging licences are being ignored. Giving back to the community is not happening. Code is being stolen. Are you trying to ignore what's being said?
Without copyright this situation is a lot more equalized as now you can have people make modified versions of macOS and redistribute those legally - yes, not having source access makes that more difficult, but not impossible and even if you did need the source, it only has to leak once.
Welcome to free software. :)
If you had to "pay back significantly" to use it, it would not be "free software".
It's regrettable, but it's the price of freedom. Whether that's worth it is subjective. Stallman's answer to this was the GPL. (I bet Apple wouldn't've touched BSD if it was GPL'd.) Newer, hybrid license have also emerged (like the MPL) that attempt to strike a better balance between freedom and back-contributions.
Can I freely use your toilet then? your electricity? You pay for the plumber, why don't you pay for entertainment?
Scientific knowledge must be open, but most copyrighted work is entertainment.
No because once you used them I don't have them anymore. There's a reason IP has different rules than physical property.
> You pay for the plumber, why don't you pay for entertainment?
Ok, that's a more appropriate analogy, but then again, should my plumber get a recurring fee for the work they already did, when I use the faucet to give drinks to my friends?
I mean entering your house, doing my business in your toilet and leave. I won't take your toilet with me, I'll come back when I need it again.
> when I use the faucet to give drinks to my friends?
But your friends all have their own house with their own plumbing they paid him for, so he can continue making a living from his craft. Writing a book takes months or years, not 2 hours like repairing a toilet, so of course the author needs to ask for money from everyone who wants to access it.
We're moving the goalpost here. And we're still talking about physical property (or possession) vs. intellectual property. I suggest we stop with that line of reasoning/metaphor.
> But your friends all have their own house with their own plumbing they paid him for, so he can continue making a living from his craft.
Again, the metaphor does not hold. Such a situation only means that the plumber is the only plumber in town. If we have multiple plumbers (so we can stick to the metaphor) my plumber can't forbid me to use my plumbing for certain uses (like watering my plants or offering water to my friends for free or for a fee).
> Writing a book takes months or years, not 2 hours like repairing a toilet, so of course the author needs to ask for money from everyone who wants to access it.
So it's just a quantitative difference? I can pay 1 cent per 1000 toilet flushes then. Seems fair.
My point is, I think these kind of metaphors don't work here precisely because intellectual work is its own thing.
If your use of my toilet doesn't affect me in anyway then I don't see why I should have a problem with that. If we are talking about you stinking up the place, using all my toilet paper and blocking the john whenever I need to go then we are talking about something very different from "IP".
You can freely use the design of my toilet, certainly.
> You pay for the plumber, why don't you pay for entertainment?
I pay for physical objects that are made for me, like books; and I pay when people come play their music (even if payment is not mandatory).
But TBH - I don't think that's the appropriate moral basis for things. For example, we don't pay for the huge amount of work our parents do for us; nor for the not-for-profit activities we often rely on etc. I would much rather support a non-exchange-based social arrangement.
EDIT: ach, didn't read your post propely - first line says " I'm also write technical writing (including academic publications)" so you have a strong position to hold your view - sorry
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So did JK Rowling. So what's the difference?
I'm all for finding ways to reward people for creating things but that should not include restricting what others can create.
Plus fixing the plumbing usually only needs to be done infrequently, whereas a book is read in a comparatively short time, so from that point of view a consumer would also be willing (and able) to spend more per plumbing fix than per book.
So consequently you need some sort of arrangements that allow for splitting the necessary payment to the author up across multiple people and/or over time.
Additionally, artists often speculatively create works without knowing for sure whether the public will take any interest in their work, or not. Copyright certainly has its faults, but it does cater for precisely that scenario by ensuring that you can insist on getting paid afterwards if people enjoy and want access to your work, and you don't need to acquire all the necessary funding up front. If you can't come up with enough money, you can even "just" invest your spare time instead and still get paid back if the work turns out be successful.
Plumbers on the other hand I assume rarely have the desire to speculatively fix up other people's plumbing and then hope to get paid afterwards if they did a good job.
Rewarding artists after they've already produced the artistic work if they're successful also makes sense in that the quality of artistic output can vary, and so there's a bigger risk of disappointment if you need to pay far in advance, before the work has possibly even been produced.
And because the quality of an artistic work is also very much a subjective matter, it'd also be much more difficult getting your money back in that case, whereas plumbing can mostly be judged according to much more objective standards, so getting your money back – through the legal system if required - is again a more tenable affair.
Of course the existence of Kickstarter and the like or even just plain old pre-orders show that to some extent people are willing to take that risk of paying in advance, but whether that would be enough if it was the only reasonable source of funding for artistic works? It'd also mean that if you can't convince people to pay you in advance (and good luck with that if you're some unknown newcomer), then good luck getting any more money afterwards, even if the book/… then turns out to be wildly popular afterwards.
ofc not
but since noone can ever prove that his was the first incarnation of an idea, nobody can be criminalized for also doing things in a certain way.
the concept of protecting invention for some time to facilitate reward is not without merit, but the implementation of IP law and practise has gone so far astray that it's overdue to rethink the whole thing.
With grammar like that, it's probably just as well.
Writing is hard work. Writing books and getting them technically correct is expensive. This is very short-sighted.
the system around intellectual property has some issues but some form of protection / ownership needs to be there.
if you had your wish and the concept of IP was treated as shunned and taboo you would quickly live in a world with vastly diminished amount and quality of art, science and technology.
But it is also use to protect unique creator revenue and encourage to create more.
If you ask where the fine line should be I have no immediate answer, but abolishing intellectual property rights just like enforcing them at all costs doesn't seem to be the optimal course of action to me.
And this arguably should be extended to tangible assets as well - I like Singapore model where housing property is sold for specific timeframe. It simplifies a lot of redevelopment.
We tend to think of ownership as in absolute owning of an asset for indefinite time. For a lot of things in Singapore you can ownership (i.e. own it) in that sense, but after sone time you have either to return it or stop using (rendering it useless). This applies to assets like homes, cars, etc.
If it’s not feasible to enforce those policies, government just imposes hefty tax on assets, ensuring you extract (or contribute) sufficient added value from asset.
This thinking is an artifact of an economic system so dependent on scarcity for its motivation that it is now generating most of the scarcity in the world.
We now have the technology for creative implementations of "From each according to its ability, to each according to its needs". Just keep track of how much each thing is used, and reward creators from a corporate-tax-funded pool. Every for-profit entity contributes proportionally to its profit, and can use any idea for free.
1. there is some legitimate issue
2. people protest (peacefully)
3. a provocateur does something over the top (violence, absurd statements like "defund the police")
4. legitimate protesters are discredited because of 3.Otherwise, I am having a really hard time understanding how can you suggest that I don't own the book I spend a *decade* to write. It is just as mine as the car you drive is yours.
To tighten regulations around intellectual property to make sure that it is not abused - sure.
To ban? Obviously never.
Anyway, "intellectual property" has proven to be a driver of quality, as the earned money gives liberty and time for the creators. I don't see how this is a bad thing. Sure, there are warts in the system and we should get rid of them, but not by removing the whole good side.
In that sense, these piracy sites are acting like global public libraries open to everybody with an internet connection.
At the same time, I feel the authors, researchers, editors, and other support staff that gift the world with knowledge should be rewarded for their effort.
It'd be great if there's an honor system that enables readers around the world to pay them some amount to show gratitude.
The current system is of two extremes -- either first pay the price set by the publisher to even browse a book (and that price is ridiculously high in underdeveloped countries), or get the full book without paying anything.
There should be a spectrum of rental and gratitude amounts in between. The publishers themselves can together set up such an online library to make it all legal. Not only will they help humanity, but they'll also get some of the revenue they're currently missing out on. A balance seems to have been struck in the music business with most of it being legal and accessible nowadays. They should do it for books too.
Also, the information about nuclear, chemical and bio weapons should be accessible to everyone. Preferably as DIY recipes, that you can follow at home.
If a regular citizen can get his hands on tools/materials to make things like that, you are screwed sooner or later.
But we live in an infant society, with many grown ups acting like spoilt childrens, saying “I want to get that fancy FAANG job, I want to be wealthy, and I expect to do it copy-pasting others people knowledge and infringing IP, but if someone else begs to differ I start whining”