135 lines
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135 lines
6.7 KiB
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From fork-admin@xent.com Wed Aug 28 10:50:03 2002
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Tue, 27 Aug 2002 13:49:26 -0400 (EDT)
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To: Mike Masnick <mike@techdirt.com>
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Cc: "Adam L. Beberg" <beberg@mithral.com>, Tom <tomwhore@slack.net>,
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<fork@xent.com>
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Subject: Re: The GOv gets tough on Net Users.....er Pirates..
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References: <Pine.BSO.4.44.0208231900430.16631-100000@crank.slack.net>
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<5.1.1.6.0.20020826113243.034de5d0@techdirt.com>
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From: Gary Lawrence Murphy <garym@canada.com>
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X-Home-Page: http://www.teledyn.com
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Organization: TCI Business Innovation through Open Source Computing
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Date: 27 Aug 2002 13:49:25 -0400
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>>>>> "M" == Mike Masnick <mike@techdirt.com> writes:
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M> In which world are we talking about? That may be true for the
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M> first sale, but once something is out in the world, the
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M> "creator" loses control... If I buy a chair you built, and then
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M> decide to give it away to my neighbor, by you're definition, he
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M> just stole from you.
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I don't endorse the whole RIAA thing, but to be accurate, you would
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have to duplicate the chair so that both you and your neighbour could
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continue to sit down, and yes, I suppose that would be more serious.
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They can sit on /your/ copy, but if you start churning out exact dups
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of a name-brand artifact, people with law degrees start to smell
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money. For example, I could copy a Gibson Guitar /exactly/ so long as
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(a) I don't put Orville's name on the headstock and (b) I license the
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patented bracing methods. If I instead try to sell a homebuilt guitar
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on eBay with "Gibson" written in crayon on the headstock, and then
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claim it is a true Les Paul limited edition, I expect people would get
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upset.
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M> Why is it that people don't understand that giving stuff away
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M> is a perfectly acceptable tactic in capitalist businesses?
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To play the Devil's Advocate here, it's not about giving /stuff/ away,
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it is about granting endless and cascading duplication/distribution
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rights. Even if _I_ only make the copy I give to you, that doesn't
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stop you from making 10000 copies to sell.
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M> Access to free stuff often helps to sell other stuff.
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This is the difficult question: How will they draw the distinction?
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The "other stuff" is just as easy to duplicate as the free stuff.
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This is why MS is hunting people with illegal Windows; it's no harder
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to dup than a Linux CD, only what is there that actually prevents
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people from doing it?
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Personally, I don't think the issue should have anything to do with
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sales or units. The issue is that basic phallacy that says a suit
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should be able to "own" someone else's intellectual property. Sarah
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McLaughlin isn't suing you, it's her label's legal dept because it's
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the label who stands to lose; Sarah's already fat beyond her wildest
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dreams, so a few bucks here or there, or even if the well dried up
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tomorrow, it's not going to really traumatize her (unless she's been
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blazingly stupid with her money)
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But the label ... like Disney and Mickey, they need the cash cow so
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they can keep all sorts of uncreative hangers-on in limos and coke.
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If you thought only Elvis or Brian Jones or Dennis Wilson had problems
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with beautiful-people deadbeat leech "friends" draining their riches,
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think again.
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The problem is really very simple because it is semantic, and until we
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make the semantic flip, it's unsolvable, but like trisecting an angle,
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all it takes is looking at the same situation in a different
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way. Here's the revelation: Elvis never ever made a hit record.
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Elvis didn't make the hits, his /fans/ made the hits. His fans did
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the work cleaning toilets, manning the convenience stores, driving
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milk trucks, sitting at endless office desks, they did the /real/
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labour that paid for every last one of Elvis Presley's pills. All
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Elvis did was sing into a microphone every so often, and pen or
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collect the odd song that all those /people/ liked and wanted as
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something of their own. But it's not _Elvis_ who made them universal
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statements, it is the universe of fans who slurped the songs into
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their own lives, it was pull-technology, not push.
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Therefore the question becomes: how many times must these fans pay
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before they own what they themselves have created? They pay royalties
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for listening to the radio, for blank tapes, for concert tickets, for
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a beer in a bar with a cover band ... they pay over and over and over
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again for the /right/ to make some hack writer's song /their/
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favourite song???? That's where the whole system has been seriously
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warped by the record companies and ad companies reframing it into your
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thinking that it is the Elvis who makes the Elvis. It's not. It's
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the people who make them; the songs are already theirs.
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--
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Gary Lawrence Murphy <garym@teledyn.com> TeleDynamics Communications Inc
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Business Advantage through Community Software : http://www.teledyn.com
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"Computers are useless. They can only give you answers."(Pablo Picasso)
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