The copyright industry should brace itself: the Kim Dotcom saga isn't over
theguardian.com
theguardian.com
-H. L. Mencken
It is a well known problem, but one that you must deal with if you are interested in defending principles that you stand for. The ACLU has defended the KKK in the past. Most recently: https://www.aclu.org/free-speech/aclu-em-defends-kkks-right-...
There's a lot of history that gave kimble his stigma.
(A hilarious take on this are his 'Kimble goes to Monaco' movies (German) [1][2], probably one of the most easily accessible stunts he did back in the days. His Usenet trolling [3] eclipses 4chan and gives an interesting insight in his mind…)
I probably wouldn't like him, but I'm quite fascinated by his lifestyle and ego that at least matches his size.
[1] http://www.youtube.com/watch?v=S5ZBZV8hFb4 [2] http://www.youtube.com/watch?v=dzuGrK-ZFA8 [3] http://babsi.de/KIMBLE.txt
It would be great to see these kinds of repercussions in America when the government oversteps it's bounds.
>Dotcom will launch Baboom! next year... It aims to directly reward artists by paying them when users listen to the songs for free. The price for downloading free music is that users install the "MegaKey", a piece of software which strips out embedded online advertisements in favour of those sold by Dotcom.
The newspapers obviously got pissed :)
Adblock has been able to fly under the radar because it is used by people who sought out a way to block ads, a minority of internet users.
MegaKey replaces ads (something that is more likely to piss off advertisers more than removing ads) as the 'cost' of downloading free music, something many consumers are interested in.
Certainly I can't be compelled to accept whatever unwanted packets someone throws at me just because that someone based their business model on the practice, right?
Yes you can, but we're going to have to fight hard to keep this right. Microsoft's Win7 EULA tried wrest control of your PC; Apple fully control what goes onto your Iphone; and although Android is currently still open, Google's intentions are telegraphed by it's lock down of the ChromeKey.
The same thing is happening to internet access. Legislation is forcing ISPs to control your packets in at least some countries, and unless we fight this it will become more and more pervasive.
I welcome it. The current ad-based economic system is a "stalker economy" that carries an enormous hidden cost that all of society ends up bearing (loss of privacy leads to losses of creativity and stagnation of political reform). The sooner we get the ad middle-men out of the loop, the sooner we can start building services with customers who are people, not corporate advertising budgets.
Advertising has kind of starved out the development of micropayment systems over the last decade, but it looks like bitcoin has a chance at filling that niche.
http://gigaom.com/2013/08/06/can-bitcoin-enable-the-fabled-m...
Next to no artists own the rights to their music. So, there will be no significant catalog on this service unless people falsely claim to be the rights holder (as they do on Grooveshark) and upload the content under DMCA, then start collecting fraudulent checks for the material.
But the main problem is, the kinds of people who will install garbage on their computer in order to get free music are already getting it through Pirate Bay, etc. If I care enough about getting it "legally" through this service, wouldn't I have a problem ripping off the other companies whose sites I browse that depend on the ad revenue I'm now depriving them of? "Hey music lovers - make sure your favorite artists get some hard earned money from their music by taking it away from all those writers, game makers and other people whose products you use!"
Or that morally justification that only allows a rich 12 year old child to listen to music from all around the world, and learn to be a great musician.
Or that morally justification that only allows a rich 12 year old child to watch movies and become a move creator of culture and thus learn from the past.
Or that morally justification that only allows a rich 12 year old child to experience a wide range of video games, so he later get inspired to make new fantastic and wonderful games.
Or that morally justification that only allows a rich 12 year old to use images programs to create images of art, or advanced physic emulators to become the next Einstien.
After all, the creator of copyrighted works need to get paid, and restricting 12 years old in learning is the only moral superior way to force such payments.
Give me a break with the theatrics. You're basically saying "doesn't my extraordinary case justify copyright infringement / theft?"
No, it doesn't.
It justifies you getting off your rear and making resources for 12 year old kids to learn and play and experience FOR FREE. The existence of commercial products doesn't negate free stuff. So why not let the 12 year olds use any of the free and open source and widely available stuff? If you think that the stuff produced for free isn't as good as the copyrighted stuff, isn't that itself a useful observation of the effects of copyright?
Instead of using those 12 year olds as a prop piece for a bad argument, put your money where your mouth is and go out there and produce content for them that will inspire them, without forcing them to break copyright to be inspired.
Instead of using those fixed up back seats as a bad argument in favor of racism, be honest with yourself. You simply want to continue a society that separate one part of society (black, poor, kids), from you (white, rich, old enough to be working with a high paid job).
Btw, I do produce content for free. My tax money however goes to support the restriction of 12 years old who want to learn physics. I think that is not the compromise that copyright is intended to be, or should exist in a moral society.
I also don't think we have can say that violating that right is an act of integrity.
I have to disagree 100%. Once you publish something you lose all effective control over it.
It is only this legal fiction we call copyright that gives copyright owners any sort of control. But even maximalist copyright regimes are full of more holes than swiss cheese - if anything, the more they ratchet up the controls the more people seek out the holes. It is human nature to share knowledge, modern copyright is about fighting human nature and that never works out (c.f. the war on drugs).
> human nature to share knowledge
Oh boy, where do I begin...
1. First of all, [citation needed]. Humans have been exploiting information asymmetry since the dawn of time.
2. It is also "human nature" to want to want to have sex with people one finds attractive. Are rape laws also never going to "work out"?
3. Entertainment counts as "knowledge" now? That's even more of a stretch than calling it "culture"!
No, tangible items are inherently controllable because they are rivalrous and excludable. The law just structures how we deal with those characteristics. For information, copyright attempts to make it rivalrous and excludable, to stuff it into the same box as tangible items when it shares none of the same properties.
1. First of all, [citation needed]. Humans have been exploiting information asymmetry since the dawn of time.
Sure they have, but just because it happens sometimes does not contradict the self-evident fact that people love to share. Next time you send someone a lolcat, remember that.
2. It is also "human nature" to want to want to have sex with people one finds attractive. Are rape laws also never going to "work out"?
Rape, murder, theft, these are all behaviours that are (1) not the common case and (2) inflict harm because the objects of the crimes are essentially rivalrous.
3. Entertainment counts as "knowledge" now? That's even more of a stretch than calling it "culture"!
Arguments about quality of the information are completely orthogonal to the topic. Copyright law does not attempt to discriminate on the quality of the material copyrighted so quality isn't a factor in discussing the merits of copyright law either.
You missed my point. Tangible things are only as inherently controllable as the capacity of the owner to control them. Without "legal fictions", what's to keep someone more capable than you to simply take it from you? After all that's your argument against copyright: people can just take it, so owners have no control. What stops a bully from taking your school lunch?
> Sure they have, but just because it happens sometimes does not contradict the self-evident fact that people love to share.
"Sometimes"?! It happens all the time! It's been happening since the existence of competition over limited resources, even before humans consciously realized knowledge is power! Think of all the "priests" throughout various cultures in history. Think of why encryption exists. Think of why the CIA and NSA exist. Saying something is self-evident doesn't make it so.
>Next time you send someone a lolcat, remember that.
Heh, I don't send lolcats. Guess I'm not human, then :-P
> Rape, murder, theft, these are all behaviours that are (1) not the common case and (2) inflict harm because the objects of the crimes are essentially rivalrous
Wait, by (1) you mean if rape, murder, theft ever become the common case, it will be OK? You know, like when it happens during wars? And (2) what's so rivalrous about sex? You can have sex with multiple people simultaneously, and once somebody has had sex does not mean they cannot have it again. And heck, we have the technology to make it so people don't even remember having sex, so there's no harm done!
But you know what is rivalrous? The food, shelter and clothing creators need to live to create new works.
> Arguments about quality of the information are completely orthogonal to the topic
The characteristics of the information do matter matter in determining what protections are afforded it. Would you share here all your private information, financial accounts, photos, and so on? That's just knowledge after all, and it's human nature to share. Or say you get "doxxed" and it's all out on the Internet, you'd be OK with people sharing it? No? Oh, it's your private information, and suddenly you feel it should not be shared? Thank god for privacy laws but down with copyright laws! Funny how that works.
Laws don't keep people from taking tangible items, they only punish afterwards. The only thing that stops someone from taking something tangible from you is your ability to stop them. Nothing stops someone from making a copy of information they already have.
Think of all the "priests" throughout various cultures in history. Think of why encryption exists. Think of why the CIA and NSA exist.
Secret versus public knowledge. They are two entirely different things. This discussion is about intentionally published knowledge.
Wait, by (1) you mean if rape, murder, theft ever become the common case, it will be OK? You know, like when it happens during wars?
Even during war none of those is the common case. That's why we prosecute people for those crimes in times of war too. If those things actually become the common case, we can cross that bridge when we come it.
But you know what is rivalrous? The food, shelter and clothing creators need to live to create new works.
Yes sir, Mr Valenti!
Would you share here all your private information
Again, secret versus public.
So now all laws are "legal fiction"?
> The only thing that stops someone from taking something tangible from you is your ability to stop them. Nothing stops someone from making a copy of information they already have.
And my point is, your ability to stop them, absent the so-called "legal fictions", is about as weak as a creator having their work ripped off. If you doubt this, ask yourself how many people in the world are more than capable of taking stuff away from you.
> This discussion is about intentionally published knowledge.
Actually, it's about control of information. You don't want your private data published because you fear it may harm you. Creators want to publish their works because they hope to profit from it. If you expect your "rights" to be respected even though little stops people (coughNSAcough) from taking it, why should creators not expect respect for theirs?
Essentially, most works are intentionally published with the expectation that something will be given back in exchange. Otherwise you might as well say people are "intentionally publishing" loaves of bread in supermarkets and you could just take them. (And since about 40% of supermarket perishables are wasted on the shelves anyway, hey, they're only about 60% rivalrous anyway!)
> Even during war none of those is the common case. That's why we prosecute people for those crimes in times of war too.
War is an atrocity precisely because this does become the common case. And that we (make feeble attempts to) prosecute for war crimes means that even then it's not OK.
> Yes sir, Mr Valenti!
I guess that means you think non-consensual sex is perfectly fine!
> Again, secret versus public.
What does that have to do with the "human nature to share"?
If there is one thing anyone else reading along should take away from this discussion, it is that you wrote the above. It perfectly sums up the intellectual rigor of the arguments you've made here. And yes, that statement means I am done wrasslin' with a pig.
I don't steal from my friends, family, coworkers, and strangers.
Is that because of the law, workplace policy, or fear of social retribution and/or ostracism? No. So long as I kept it petty, there is realistically zero chance that I would be caught. It's because I'm not a dick.
Laws don't make us civilized. We have laws because we are civilized.
(Minority psychopaths/sociopaths notwithstanding)
If I'm trying to decide whether to publish something or not, this is not the argument that's going to make me give the green light.
There is an implicit assumption in your position that copyright based compensation is the only method of compensation. It isn't. It wasn't even the dominant method until the last couple of centuries when technology made it feasible. Now that technology has moved on, our economic systems need to keep up.
Oh nonsense. You're ignoring the legal system, which is hilarious, because you're talking about a LEGAL construct.
So yes in your little hypothetical world where copyright exists AND there is no legal system, sure, copyright has no effect and you have no control.
But otherwise, saying "if you publish you lose all control" it's like saying "if you go out in public you lose all control over what happens to you. Mugging... rape... murder... you have zero control".
It ignores the legal system, and your ability to seek punishment or compensation for being wronged under the law.
I don't understand the value of such an asinine hypothetical.
In the real world: you do retain control of what you publish after you publish it.
If you think otherwise: Mickey Mouse would like to have a word with you.
Original poster called it an "an unavoidable fact" - that is a statement far in excess of "there are laws." Given the context is people infringing copyright law, clearly we are talking about the utility of the law in the "real world."
Again, if you think in the real world you lose control, talk to Micky Mouse.
You lose a small amount of control against small, unincorporated actors, but you retain large amounts of control in the markets you operate in, and against any institutional actor at all.
You want to get paid, and you want the governments help to do so. Fine. Make a compromise that benefit both side and do no harm to groups we don't expect to be working at any rate. It should not be such a hard thing.
Just because one do not like the alternative, it doesn't make it any nicer, moral, or right.
If one can not accept that a business model based on restricting 12 year old from learning is wrong, can copyright ever become the compromise between society and the promotion of the Progress of Science and useful Arts that was once promised?
Because enforcing something like "intellectual property" is going to change society a whole lot. The enforcement is going to start with very invasive snooping, and end with stifling most inventions and innovations.
I personally am not willing to go that far. It's pretty clear that right now, "intellectual property" is mainly an instrument of control, to keep incumbent companies in power.
Personally, I don't get a lot out of popular (or really, any other) music. It's fine with me to let the market decide on prices without state enforced monopolies, temporary or otherwise. I believe that there's a whole lot of people who can and will make music and other art even if the state doesn't enforce monopolies for them. Indeed, society might get a lot more music: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1336802
Previously you've argued that the copyright industry actually has the stronger set of morals, and those violating copyright are somehow the "bad guys" in this debate.
Now you're arguing that society is warped and all content is trash ("a Miley Cyrus").
I may be trying to accomplish the impossible by being rational here, but level with me. Why the love for copyright?
I admit that copyright may have a useful purpose. I feel like the usefulness expires about 10 years after the work has been created.
I feel strongly that the current laws and the corporations who largely depend on those laws to make a profit represent a parasite that exploits 12 year olds and other underprivileged people.
You do wonderful analysis of cryptosystems. This isn't much different, right? It can be deconstructed analytically, the problem identified, and at least on a message board the propaganda can be debunked. ("You wouldn't steal a car. Stealing is wrong." Copyright violation IS NOT stealing.)
From reading many of tptacek's comments over the years on HN, I think he sometimes plays devil's advocate to encourage discussion.
Most people if given a chance would to think about the ethical problems of current copyright law, and consider the harmful effect of using government force against children. They would (I think) reason that since we don't allow child labour, children are by definition not allowed to earn the money needed to pay for the learning they yearn for.
Given a chance to vote on it, my guess is that the vote would thus not be in favor of prosecution against children for crimes of learning, nor a duration of +100 years after the authors death. A popularity vote would much more likely (in my opinion) go to something like 10 years and limited copyright enforceability against children. The result would (likely expected) to be decrease piracy levels, create a massive culture explosion of new works, and make the average creator more richer than ever before. A true win, win situation for everyone except Disney.
Very strictly enforcing current laws on copyright would (I think) prohibit a useful world wide web. Are you willing to go that far? If so, how do you propose we implement the enforcement without intruding massively on other, God Given Rights? If not, where and why are you going to draw the line? Because where you draw the line is going to be different than where the MPAA draws the line, and different from where I draw it (I think).
"Charging money for a Miley Cyrus track" is "giving the producers of that content a livelihood". Strict copyright enforcement, especially for digital "intellectual property" is where the warping comes in, especially for very long (infinite?) copyright terms. Also, since the enforcement is done by the state, the cost of strict enforcement takes away from other things the state could do, the "Opportunity Cost", I believe.
Strict enforcement of copyright is going to involve a lot of stuff, beginning with prohibiting open source operating systems. Are you willing to accept that? Why should I be willing to accept that?
Most scientists and artists have probably been inspired and educated by something that also entertained them.
Property rights have a net positive effect, increasing the value property yields.
Copyrights decrease the value these works yield to society.
We have artificial scarcity of copies.
Many people could derive huge benefits (in the case of patented medicines, life!) if we hadn't artificially made the copies and drugs scarce.
Authorship is scarce, but copyrights only indirectly relate to authorship. They are an attempt to encourage authorship by restricting society. However, by banning derivative works, they also reduce authorship. By making copies an artificially scarce resource, they are derpiving society of most of the benefits of authorship.
There are other ways to give incentives for authorship besides depriving society of its benefits. Even if copyrights are applied, their application for hundreds of years is obscene. Empirically, many works of authorship got quite well funded without the support of copyrights.
That's a very short term analysis. Again, drugs don't just drop from the sky. Unless there's an alternative funding model, people copying drugs for free means the firm that did the R&D to make the drug goes bust, and won't invent future drugs that would save even more lives. Until the number of untreatable diseases tends to zero, making sure drug firms survive is a much higher long term priority than saving a few lives now.
>Authorship is scarce, but copyrights only indirectly relate to authorship. They are an attempt to encourage authorship by restricting society.
All laws are restrictions on society.
> However, by banning derivative works, they also reduce authorship.
No, it only bans unlicensed derivative work. See all the recent "Tom Clancy's XYZ" novels, or the new Bourne novels, or the entire plethora of Star Wars novels and animation. If you profit by building on the foundation laid by somebody else, don't they deserve a cut?
And heck, if someone really wants to author unlicensed derivative work, they can post to a fanfic site. If you've ever read fanfic, or heck, any amount of amateur work, you'd realize why any talent that we find worthwhile is so precious and should be nurtured.
> Empirically, many works of authorship got quite well funded without the support of copyrights.
Correct me if I'm wrong, but historically works got funded was through the means of patronship or commissions from rich people. Not a terribly scalable process.
Yes, we apply artificial scarcity to copies because authorship is scarce. But that's the best way we know how -- that's how economics has always worked. But until we've figured out a better way we should not just abandon a model that's worked pretty well so far.
Similarly, copyrights are discouraging authorship as well as encouraging it, and empirical evidence suggests the former factor may very well be stronger than the latter. So we might be paying the huge price of copyright restrictions for negative benefits.
> No, it only bans unlicensed derivative work
Requiring a license negotiation is a barrier so large, that it prevents virtually all derivative works. Most authors do not license any derivative works. Many creators of derivative works do not do so for a profit incentive. The cost of a license deal will often overwhelm the cost of creating the work itself.
In short, copyrights outright ban the vast majority of derivative works.
> Correct me if I'm wrong, but historically works got funded was through the means of patronship or commissions from rich people. Not a terribly scalable process
Not only patronship. British authors did not enjoy copyrights in the early US, so they had struck deals with publishers for right to be the first to publish. They often made more money from these deals than from their copyright-based publishing.
Contemporary authorship of much software is funded without being based on copyrights (A lot of open-source companies).
Other contemporary authorship is funded by academia, and does not depend on copyrights.
The "9/11 commission report" was published without copyrights, and yet the publisher had profited at least millions of dollars from its publication.
> Yes, we apply artificial scarcity to copies because authorship is scarce. But that's the best way we know how -- that's how economics has always worked
Economics had always worked on reducing scarcity, not increasing it.
> But until we've figured out a better way we should not just abandon a model that's worked pretty well so far.
There's no reason at all to believe this system works well, as the empirical evidence suggests otherwise. Consider that if today's copyright laws had existed in the time of Shakespeare, he would not be allowed to author his works without "licensing deals".
If we look at patents. It's working horribly. Literally millions of people are dying of curable diseases. 90% of drug funding comes from government, of which 85% goes to the pockets of the drug firms, and only 15% funds actual research!
Disney.
And yes, my kid also likes Disney cartoons. It's innocent fun. But let's not fall over yourself with praises on the virtues of copyright. All moral justification for it fails in light of the ever expanding copyright terms. End of story.
If Disney and friends can change the deal to suit themselves, why shouldn't every consumer follow suit and make similar self-benefiting changes to the copyright deal and copy/consume Disney material without paying?
If you buy them on DVD or Blu-ray you will be bombarded by advertisements, and they were probably unskippable until Disney added a skip button and called it an invention (AKA "Disney Fast Play").
No advertising, no privacy-destroying user tracking, just cash in trade for a product.
If only that were the case. Does iTunes state in its privacy policy or EULA that purchase and playback tracking data is not recorded or reported to content producers? What about consumer devices (connected Blu-ray players, smart TVs, etc.) that report back to their masters like the recently discovered LG smart TVs?
Ironic, since virtually all of Disney's works are based on public domain works that they themselves would be banned from using if their bought laws had existed then.
A large number of Disney works have been "inspired by" other works. I'd estimate just under half, but this changes with every release. They do seem to be getting more original, but that seems to be mainly due to the Pixar team.
The quote below was from 2002 when there were a total of ~45 Disney animated feature films.
"a total of 28 films that have acknowledged sources outside of The Walt Disney Company itself, more than half of all the movies they've made to date."[1]
There are now around 79 released feature films (Based on http://everything2.com/title/Disney+Animated+Features), of which 34 (to my count) are not original so it looks like they are slowly improving.
Now they just need to stop making multiple sequels for everything...
[1]: http://everything2.com/title/How+many+Disney+movies+are+actu...
Society grants IP rights as an exchange. Exclusive access granted for a period of time to allow people to profit from their work - then it goes public domain so that society is enriched in turn.
Don't take my word for it. Ask a drug-addicted musician if you want chapter and verse on this.
It's a lottery system, basically. A few lucky rock stars cash out. Everyone else doesn't win. And lotteries are also a good way to convince the population to pay more taxes, with the promise that anyone can win, where in reality few people do.
That is only a meaningful statement if you also believe the corollary - the people who aren't cashing out are not talented. And if you believe that then you are in for a really tough life.
Good opener.
He's going to beat the copyright industry with his brains, not his girth.
Blah blah blah, he's fat.
Blah blah blah, music thief.
Blah blah blah, copyright law.
Okay. Yeah, we get it. That's great. We get it. The fat man has a website, and it's very bad. He's a fat, ugly, stinky man. Boo hoo! Make him go away!I'm still not clear on what it is about his website, and all the implicit data transfer it's responsible for, that's so radically different from any other website that hosts massive amounts of any data I want, shared with the world.
Flickr, for example, let's me share Terabytes of data, if I should choose to do so. Why isn't flickr villified like some genocidal dictator?
Mostly because movie studios have more lobbyists and PR flacks than still photographers.
Also, Hollywood does vilify the various other websites. YouTube is an evil pirate website which Viacom has had to sue to vindicate its rights, didn't you know? And a couple of YouTube founders watched a Hollywood movie someone uploaded to YouTube that one time, so therefore Google should have to shut down YouTube and pay a billion dollars.
How can "we" be sure he won't just cave in again?
I say again: Why is this guy more evil than anyone else? Why is he worse than, say, Steve Ballmer? Why is he smeared, but other corporate parasites, not so much?
The point being made is not that we should trust him, but that there's nothing inherently illegal about his new site.
Love (do people love him?) or hate Dotcom, he is an interesting man. Aside from a heart attack, I seem him being a pain in side of the music industry for years to come.
Firstly: his monetization strategy is a browser extension that strips ads out of sites and places his own. This is appalling and I'm shocked the Guardian, a site that undoubtedly relies on internet advertising, doesn't realize that his monetization strategy would prevent even them from monetizing users who used both services.
Getting past the grossly immoral monetization, the article casts the music industry as, once again, some unchanging monolith that refuses to change in light of modern ideas.
Last time I checked, I can buy mp3's one by one, without DRM, and load them on any device I want, from any number of online stores. Last time I checked, I can use Spotify or another service and listen to the vast majority of popular music free with ads, or for $5/mo.
I don't get it, I can go to bandcamp or soundcloud right now and see thousands of indies who aren't signing labels and who are putting their music out there, selling it and giving it away.
It's not 2001 like that article desperately pretends, and our music reality is not what it was. (And if they think Kim or any web music site can upend the entertainment business of nationally popular celebrity/artists, then I charge that they don't even understand the basics of why it's successful).
It's not nice but I think once you send someone some bits, you give up any claim to control what they do with them in the privacy of their own home. Even if they swap out the ads.
In fact I would argue using physical violence (police) to enforce what you deem to be "proper private use" of distributed bits is immoral.
Whether or not what Kim is doing is right or wrong, or if he is a nice person or not is a red herring and is used to deflect people away from the real issue.
This article had so many character assassination elements I would not consider it impartial journalism at all.
Are these claims accurate?
Every request sent to Mega to download a file goes to their servers, which means that they control the code served to your browser. At any time, they could change that code to send them logs of which URLs you request from their service.
Claims that Mega can't access the content of your files are true in only the most superficial sense. If you require secure file storage, Mega is an inappropriate solution.
The claim is not completely false.
[0] http://arstechnica.com/information-technology/2013/11/quantu...