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Every argument against copyright infringement assumes there is some evil destitute world on the other side of having it in place.

We have never in the modern age in any modern first world country ever had an extended time WITHOUT copyright to see what would happen. Everyone just assumes every artist, developer, and investor would disappear overnight and everyone would turn to stone as content is freely distributed.

Or maybe we would just go massive kickstarter style (with some kind of contract guarantees unlike the current system) where the funds people have pay people to make the stuff they want, which is then free for everyone to consume since it is free to reproduce.

It is broken to control content at the distribution level when distribution and replication cost nothing. A really, really import thing to consider - the people who consume currently copyrighted material do not have infinite funds to consume. They spend their disposable income on limited selections of copyrighted materials. If they didn't have to pay for them, but knew their funds were needed to see that future works were created, they would not go buy 15 cars over 3 years and have nothing to watch on tv, they would give money to the shows and artists they like.

There MIGHT be a slight recession if that happened though, because without the "need" to pay for the things people want, they might take the time to pay off massive debts they have or get a savings buffer. But they could already do that, they just don't have the self restraint to. And if feeding off the inability of people to manage their own lives effectively is the only way for MAFIAA affiliates to stay in business, perhaps they should fail.

At that, why don't they fail? Of all the industries, film has been subject to upheaval approximately never. For the last century the big 5 have been established and held their power base with an iron grip. Independent film is nothing compared to them, indie games vs publishers is not even close to as bad as that situation. The major movie studios have no competition to theaters besides outside media forces but never to competitive "startups" because they control the market.



Or maybe we would just go massive kickstarter style (with some kind of contract guarantees unlike the current system) where the funds people have pay people to make the stuff they want, which is then free for everyone to consume since it is free to reproduce.

The Kickstarter model works fantastically well for creative people that already have a following/track record.For someone trying to connect with an audience the first time, not so much.

At that, why don't they fail? Of all the industries, film has been subject to upheaval approximately never. For the last century the big 5 have been established and held their power base with an iron grip. Independent film is nothing compared to them, indie games vs publishers is not even close to as bad as that situation. The major movie studios have no competition to theaters besides outside media forces but never to competitive "startups" because they control the market.

Not so: the biggest jolt to the industry was antitrust regulation in the 1940s, as discussed here - though paradoxically, in a way that's vaguely supportive of censorship: http://mises.org/freemarket_detail.aspx?control=178


The Kickstarter model works fantastically well for creative people that already have a following/track record. For someone trying to connect with an audience the first time, not so much.

The restrictive copyright model works fantastically well for creative people that already have a following/track record. For someone trying to connect with an audience the first time, not so much. Even the few musicians who hit it big with a debut album have actually worked very hard beforehand to persuade a record label to sign them, with very little reward.


Not necessarily true. The label era was dominated by intermediaries (managers, A&R specialists), but those intermediaries were constantly in search of new bands to promote. Many musicians (authors, filmmakers, your_medium_here) don't necessarily have the skills or desire to become experts in publishing and distribution, and the breakdown of existing models also means the breakdown of cross-subsidization for less commercially oriented acts. There are pros and cons to both models; I'm just objecting to the idea that the new publishing landscape is in all ways better than the old.


"don't necessarily have the skills or desire to become experts in publishing and distribution,"

They don't have to be experts, they just have to be good enough. If the decision is 100% of profits goto a label or 30% go to Apple if I just learn how to use iTunes, I think they'll choose iTunes...

Publishing means to make public and that isn't anything special any more, it's been commoditized.


> The Kickstarter model works fantastically well for creative people that already have a following/track record.For someone trying to connect with an audience the first time, not so much.

I call bogus. I've only funded a single Kickstarter project, but it was a completely unknown musician I discovered while browsing Kickstarter. There's no way I'm unique in this.


I doubt anybody expects artists would dissappear overnight. People just think it's fair to reward creators for the entertainment value they provided, and unfair to rip it off without paying a dime. And copyright is the best, simplest way to protect fairness in this regard.

Not everything has to be 'for the greater good' or for the 'long term benefit of the new age economy' or whatever in order for people to support it.


> Not everything has to be 'for the greater good' or for the 'long term benefit of the new age economy' or whatever in order for people to support it.

Are you saying people who defend copyright. Conciously are only being fair to a small subset of the population. But unfair to the majority. And a net loss to humanity. And still they defend copyright?

I don't think so. It seems to me, those who defend copyright have the opinion that copyright is a net benefit to humanity. After all pros and cons are summed. Which I strongly disagree.


You could see a lot of laws that way.

The point is that it isn't necessarily favoritism as anybody could create copyrighted works so I wouldn't see it as 'unfair' unless you had to apply to the government for copyright or something like that.

Besides copyright is a net benefit if it helps intellectual property get produced.

I am not arguing that IP would not get produced if it were not for copyright as that is clearly not true. However I'm not sure it is to everyones benefit if creatives had to work 8 hours a day at 7/11 and then only produce on nights/weekends or that they had to hope for some kind of handout (which could well just be companies wanting to advertise or politicians wanting to create propaganda).


A lot of the people (me included) defend copyright because it's a net benefit to the individual, and a fair benefit too (not unfair to anyone).

Whether it's a net benefit to humanity, however you measure that, is neither here nor there. It probably is, but those are not the grounds we're arguing on.

It's sort of like defending privacy. You don't defend it cause of some net benefit to humanity. Who knows, maybe the world would be happier if there were no secrets. You defend privacy because it's fair on an individual level.


I'm concerned about individual rights too. In fact, it's my concern for individual rights that leads me to reject overly restrictive copyright, (among other things). I find these rights to be valuable: freedom of speech, freedom of creativity, and property rights. (To be clear, by property, I do not include imaginary property like copyright.)

Why shouldn't I be able to make back-up copies of the DVDs that are bought with good money? Why should the descendants of Tolkien be able to censor any works of art that includes hobbits? Why should Time Warner be able to censor me from singing happy birthday in public? Why should Google be blocked from bringing out-of-print books to the public? Once a work is published, I don't see why an author should be able to control what's no longer theirs, any more that I would expect a plumber to dictate what I'm allowed to do with the plumbing in my house. Both plumbers and artists labour, and they deserve rewards for their labour, but they do not deserve the right to control my use of what I have purchased from them.

For me, the right of sharing culture is a given, and the right to restrict other people from sharing culture is at best a necessary evil.


Why shouldn't anyone be able to download the game some indie studio bet the farm on and is selling DRM-free for $20, and play it for free?

There's a difference between sharing culture and outright ripping people off; if you think this should be prohibited, you aren't really categorically against copyright, only its current implementation.


You need to take that in perspective. Someone legally purchased the game, and then shared it with someone else. It is the exact same thing people would do with cassette taps 2 decades ago, when the RIAA decried mix tapes would kill music. 2 decades later, that industry is bigger than ever.

The difference is that one cassette is much more expensive than 15 megabytes of magnetic storage, and the gas to go from a friends house to let you copy their tape is much more expensive than the electricity and internet bills to transfer the data.

But it is such a common misconception that it is stealing - it is duplicating bits of data on magnetic storage that, by nature of the physical properties of the device, are extremely easy to replicate.

Yes, it is "hard" to understand the concept that once released, the content is no longer under the control of the creator. But defying the physics of physical storage only causes what we have now - big corporate lobbies are pushing to destroy all personal privacy to make sure no one uses the inherent properties of the technology developed in ways they don't desire.

And that will destroy the internet and society at large if left unchecked. You can't take away personal privacy and expect anything less than collapse. The only solution is to accept the reality that digital content is infinitely reproducible for free, and go from there. The old brick and mortar model just does not work.


Nobody gives two hoots about backing up DVDs, singing happy birthday, or painting Hobbits.


I do.


I meant nobody cares to prosecute copyright for trivial, personal activities like making backup copies or fan art, so it's quite disingenuous to continually bring them up when the topic of piracy/file-sharing arises.


> We have never in the modern age in any modern first world country ever had an extended time WITHOUT copyright to see what would happen.

That's not an argument against copyright, really. As empiricists, we should be automatically skeptical of any social change that hasn't been tested or observed before, since we can't meaningfully predict its results.

The fact remains that while it may be unenforceable to use copyrights to restrict personal use of content, commercial use is a totally different animal. This includes things like film screenings in a commercial cinema, live musical performances, broadcasting, adaptation to other media, and use in advertising. It's not hard to imagine a future where content creators compete to emphasize these over merely selling copies of their work.

> Of all the industries, film has been subject to upheaval approximately never.

Not true. Television and VCR's were major upheavals comparable to the impact of the internet today.


> Not true. Television and VCR's were major upheavals comparable to the impact of the internet today.

And they fought both as if the world would end and, when they failed, they got wonderful profits from both.

What they can't stand is another player controlling distribution channels. They realize they are not in the content creation business - they distribute content.


The problem with kickstarter style (under those conditions) is that if you wait long enough you will get it all for free anyway. Unless you have large amounts of money to donate it would be very difficult to get the snowball moving.

For example if you saw something with a $100,000,000 target and $0 in donations, if all you could afford was $20 would you bother to put that in?

Also people are often quite bad at knowing exactly what they want. Let's assume that the iPhone had been a kickstarter project, I'm not sure how much the initial development costs were (for the software part at least) but I'm really not sure whether they would have raised it by just asking people if they wanted a phone with a touchscreen.


> For example if you saw something with a $100,000,000 target and $0 in donations, if all you could afford was $20 would you bother to put that in?

Given that, inherent to the way kickstarter works, it wouldn't actually cost you money unless the target was met, of course I would.




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