From fork-admin@xent.com Mon Aug 26 20:25:36 2002 Return-Path: Delivered-To: yyyy@localhost.netnoteinc.com Received: from localhost (localhost [127.0.0.1]) by phobos.labs.netnoteinc.com (Postfix) with ESMTP id BD71C43F9B for ; Mon, 26 Aug 2002 15:25:35 -0400 (EDT) Received: from phobos [127.0.0.1] by localhost with IMAP (fetchmail-5.9.0) for jm@localhost (single-drop); Mon, 26 Aug 2002 20:25:35 +0100 (IST) Received: from xent.com ([64.161.22.236]) by dogma.slashnull.org (8.11.6/8.11.6) with ESMTP id g7QJPhZ06227 for ; Mon, 26 Aug 2002 20:25:44 +0100 Received: from lair.xent.com (localhost [127.0.0.1]) by xent.com (Postfix) with ESMTP id B6855294162; Mon, 26 Aug 2002 12:23:08 -0700 (PDT) Delivered-To: fork@example.com Received: from jamesr.best.vwh.net (jamesr.best.vwh.net [192.220.76.165]) by xent.com (Postfix) with SMTP id 245A8294139 for ; Mon, 26 Aug 2002 12:22:56 -0700 (PDT) Received: (qmail 11661 invoked by uid 19621); 26 Aug 2002 19:24:22 -0000 Received: from unknown (HELO avalon) ([64.125.200.18]) (envelope-sender ) by 192.220.76.165 (qmail-ldap-1.03) with SMTP for ; 26 Aug 2002 19:24:22 -0000 Subject: Re: The GOv gets tough on Net Users.....er Pirates.. From: James Rogers To: fork@example.com In-Reply-To: <5.1.1.6.0.20020826113243.034de5d0@techdirt.com> References: <5.1.1.6.0.20020826113243.034de5d0@techdirt.com> Content-Type: text/plain Content-Transfer-Encoding: 7bit X-Mailer: Evolution/1.0.2-5mdk Message-Id: <1030390769.2768.141.camel@avalon> MIME-Version: 1.0 Sender: fork-admin@xent.com Errors-To: fork-admin@xent.com X-Beenthere: fork@example.com X-Mailman-Version: 2.0.11 Precedence: bulk List-Help: List-Post: List-Subscribe: , List-Id: Friends of Rohit Khare List-Unsubscribe: , List-Archive: Date: 26 Aug 2002 12:39:29 -0700 X-Pyzor: Reported 0 times. X-Spam-Status: No, hits=-7.1 required=7.0 tests=IN_REP_TO,KNOWN_MAILING_LIST,QUOTED_EMAIL_TEXT,REFERENCES, SPAM_PHRASE_01_02 version=2.40-cvs X-Spam-Level: On Mon, 2002-08-26 at 11:41, Mike Masnick wrote: > > In which world are we talking about? That may be true for the first sale, > but once something is out in the world, the "creator" loses control... If I > buy a chair you built, and then decide to give it away to my neighbor, by > you're definition, he just stole from you. There are specific statutory exemptions to the "first sale" principle of fair use in the US. For example, audio recordings have such an exemption (dating from the early '80s IIRC), which is why you can't (legally) be in the business of renting audio CDs; the creators can control what you do with it after they've sold it to you. Certain industries would like to extend similar exemptions to other products -- there is no theoretical limit to what Congress could revoke such privileges on. > Access to free stuff often helps to sell other stuff. Just because you > (and the entertainment industry, it seems) can't be creative enough to come > up with a business model to leverage free stuff into paid stuff... don't > take it out on the rest of us. The problem with the entertainment industry is that they engage in business and pricing tactics that make anything Microsoft was ever accused of pale in comparison. If they can't figure out how to make money doing something, they'll actually burn money to make sure no "industry outsider" can either for all intents and purposes; control is more important than maximizing profit as long as they can make a profit. They don't need your carrot, so they only engage in reasonable business behavior when you are carrying a very large stick, and few people swing a stick large enough. They are being chronically "investigated" by the DoJ for anti-trust, collusion, and similar activities, but that is mostly just for show. Which isn't to say that the entertainment industry won't fall victim to its own stupidity, but their ability to do arbitrary and capricious price manipulation with impunity is going to make it a slow decline. -James Rogers jamesr@best.com http://xent.com/mailman/listinfo/fork