back to article The Pirate Party is the shape of things to come

A clear winner is emerging from the Digital Economy Bill - and it's the UK Pirate Party. The penny only really dropped for me yesterday, after the Open Rights Group's big demonstration at Westminster. "What was all that about, Andrew?" someone asked me in the pub afterwards. He'd been at the Commons for a meeting, and walked …

COMMENTS

This topic is closed for new posts.

Page:

                  1. Steen Hive
                    Flame

                    @AC

                    "I can't tell if you are for or against either of the arguments."

                    Maybe because you are drinking too much beer yourself? :-)

                    Dude, I am against *both* arguments! "You're either with us or agin' us" a quaint concept seemingly prevalent in American culture, and I just don't get it.

                    I am like most people I would expect, not against copyright *per se* because I am not against social-engineering per se, and social-engineering is exactly what copyright law is.

                    However, appreciating the mechanics of a market economy for generating wealth is not the sole province of extremist libertarian loons either.

                    What is happening in this copyright farce, though is that powerful actors - "rights holders" in the market are attempting to use the state to socially-engineer their market to the detriment of consumers, and ultimately to the detriment of actual creators themselves. They want to give imaginary property the same legal status as real property - criminalise what they describe as "stealing" it, and in the process, do away with all that nasty, bothersome "due process" stuff that is enshrined in law for stealing real property, and all the while extending the copyright time-limits for all intents and purposes indefinitely.

                    So. Creator creates something. "Rights holder" pays creator for "rights" - rights holder now has a product that he can sell to people and still possess it *forever*. A perpetual-motion generator of wealth! The ultimate "have-your-cake-and-eat-it" scenario.

                    Now what the fuck do these people think is going to happen if everytime someone creates some imaginary property, property of essentially infinite monetary value is created? What is going to happen to creativity, the elasticity of supply and demand essential to the market? What is going to happen to people's *other* rights?

                    Answers on the back of a postcard to Orlowski's office in Lubjanka.

                    1. Andrew Orlowski (Written by Reg staff)

                      Re: @AC

                      The "deteriment of the creators" :-)

                      Poorer is richer; fewer choices more free. We've been round this house, you don't seem to have a response to it, do you?

                      You dare not ask them, as I suggested, because most creators hearing your argument would rip your head off, then flush the gristly bits down the pan.

                      Repeating your same point endlessly - intermediaries are immoral, we must grab their rights - isn't getting you anywhere. Don't you feel penned-in by the intellectual cul-de-sac you've chosen, yet?

                      1. Steen Hive
                        FAIL

                        @@AC

                        "You dare not ask them, as I suggested, because most creators hearing your argument would rip your head off, then flush the gristly bits down the pan."

                        Not only are you repeatedly exposing yourself as an economics numbskull by apparently suggesting a monopoly on supply improves choices in market ( or being disingenuous and saying fuck the market to support your particular prejudice ), but you have the unmitigated, narcissistic gall to presume to speak for content creators too? Puhlease!

            1. The Other Steve
              FAIL

              Is it now ?

              "a well-documented business inertia in the face of rapidly changing market"

              Then I should like to see the documents, please provide links to source.

              "and the fact that much of the product catalogue is unadulterated shit, "

              According to who ? You or the millions of people that pay money for it ? It doesn't stop having value just because you don't like it.

        1. David Evans

          re: hm

          "It's a choice between rights holders and the general public. The record industry is squeezing money out of consumers and avoids any change that could mean fewer profits. The general public is starting to resist them through mass disobedience."

          Oh yeah, that's what it is, a civil disobedience campaign. Not just downloading stuff because they don't want to pay for it, oh no, of course not, its a moral calling.

          Give me a break. If people really want to protest at the music industry's methods, stop CONSUMING music. If everyone did that for a week, no consumption of music, legal or pirated, didn't even listen to the radio, the music industry would forced to change its ways with no ambiguity and no arguing about whether piracy, cost or general shittiness of product is what's killing music. Of course this will never happen because file sharing has NOTHING to do with protest and everything to do with just wanting free shit. So yes, Freetard is as Freetard does. Proceed with downvotes ACs.

          1. David Barrett

            Exactly!

            I have said it before and I'll say it again.

            We do Not NEED these things, if you disagree with the price don't pay it, don't take it either...

            I think fuel is a bit pricy this week, and I know a lot of that is profit & tax so I'll just fill up and run without paying... It's not going to fly is it?

        2. The Other Steve
          FAIL

          How may I compare thee to a ton of Fail, let me count the ways.

          "It's a choice between rights holders and the general public."

          Fail 1 : Says who ?

          Fail 2 : I, personally, am both a rights holder AND a member of the general public. I fail to see quite how you are able to make the distinction.

          "The record industry is squeezing money out of consumers and avoids any change that could mean fewer profits. "

          Fail 3 : Ah I see, you only mean record companies do you ? It's not even about IP rights as a whole ? Just those ones ?

          Fail 4: Translation "I want cheaper stuff". Just say so, and stop dressing it up in bullshit.

          "The general public is starting to resist them through mass disobedience"

          Fail 5 : No, no they aren't. A couple of dozen surly teenagers with black tape over the faces is not "mass disobedience" it isn't even "disobedience".

          There we go, this fail was sponsored by the number 5.

          1. zasta
            Thumb Down

            Stevie Wonder of FAIL

            "I, personally, am both a rights holder AND a member of the general public. I fail to see quite how you are able to make the distinction."

            You fail indeed. If you are a rights holder, then you are NOT a member of the general public as far as this debate is concerned.

            "Ah I see, you only mean record companies do you ? It's not even about IP rights as a whole ? Just those ones ?"

            Is that the best you can do? Loser.

            "Translation "I want cheaper stuff". Just say so, and stop dressing it up in bullshit."

            That's only a small part of it. I also don't like companies running the country, making laws, suing everyone in their path and enabling idiots like you.

            "No, no they aren't. A couple of dozen surly teenagers with black tape over the faces is not "mass disobedience" it isn't even "disobedience"."

            Aren't you forgetting about the millions of pirates? You know, those you think are out to steal your amazing creations and put them all over the internet for free?

        3. Eddy Ito
          Badgers

          re: hm

          "It's a choice between rights holders and the general public."

          You seem to imply a difference where none exists. It isn't as if the so called "rights holders" have special rights that aren't available to "the general public". You seem to make a distinction between rights based on ease of upkeep and multiplication inasmuch as it is easier to maintain and duplicate a recording than it is to maintain and duplicate a boat. Then again, that partially gets reflected in the purchase price. What seems to be the problem is the recording industry doesn't understand that the value of a CD full of music or a DVD or BD movie is lower than it was even a year ago. If the industries kept pace in pricing and technology, they would probably have better profits from higher sales and happier customers. This all carries through and perhaps paying 40 Megadollars for a leading actor isn't going to remain an option for long but so what, the ego of some of these people could use a working over by badgers' paws.

        4. Anonymous Coward
          FAIL

          No...

          "Isn't it you who keeps calling the pirates "freetards" at every chance?"

          I have not - but for you, I'll willing let go of a good "Freetard"

          "It's a choice between rights holders and the general public. The record industry is squeezing money out of consumers and avoids any change that could mean fewer profits. The general public is starting to resist them through mass disobedience."

          No - you have every right to not buy what I sell. BUT you do not have the right to steal what I have created. If my product is not worthy of your money - I screwed up. But the fact that you are typing on a computer would indicate that you find my product worthy of purchase. I suspect my friends who write code and create medicine also like eating daily. If you want to go cheap and develop the stuff on your own, an engineering PhD takes about 10 years after high school. Then there are the 5 to 10 years of sitting in a piss on position till you finally rise enough to be able to run things on your own. Then each major technology takes 5 to 10 years to fully develop. (Yes 5 to 10 years.) So get cracking - in 30 years you MIGHT just come up with a useable drug to cure one of your diseases. BTW the Record companies are not making very much money.

          FVCKING FREETARD (There - doesn't that feel better.)

          Atlas

          1. Goat Jam
            FAIL

            Atlas Shrugged

            Isn't that name owned by Ayn Rand?

      1. M2Ys4U
        Alert

        "Insults are not an adequate substitute for rational argument."

        If you believe this why do you continue to use the word "freetard" then?

        Hypocrisy aside, this article (admittedly from the '90s, but probably still relevant if artist anecdotes are to be believed) goes into quite a lot of detail as to how and why artists get screwed over by record labels: http://www.negativland.com/albini.html

        Even though it sounds counter-intuitive, it is possible to make money in a market where free is an option. Nobody denies that artists should be compensated for their works, but why should middlemen, and especially middlemen who screw both consumers AND artists, continue to rake it in when their business model is so horrendously flawed?

      2. Andrew Norton
        Coffee/keyboard

        Re: Amazing, comments allowed!

        "No PP has offered a coherent justification for stripping rights from people. Or why creators and businesses should be poorer. Or why we should handicap an important part of our economy."

        I think you've made a rather large assumption. The assumption being that relaxing some restrictions, strips rights from people, and makes businesses poorer, and would handicap the economy.

        Copyrights are a government-granted right that restricts people & businesses from offering products, and thus prevents products from reaching the market, which is a pretty clear 'handicap' to the economy.

        If anything, they're RESTORING the rights to people (and businesses), the rights to copy (if you strip a monopolistic right from one person and give the right to the populace as a whole , such as the right to copy by reducing the term length, you're not stripping the right to copy, you're just stripping the monopoly). They're reducing (not taking) a monopolistic right, that has no worth to the incredible majority of the works and rights holders. How often have you asserted your monopolistic right of copying for the contents of Within these Walls? I know the only work I've participated in, from more than 10 years ago where the copyright has some value to someone, is in the TV work I've done.

        I'd also point out that no organisation has made a coherent justification for increasing enforcement, and the length of those rights. Claims have been made, yes, but coherent arguments, backed by evidence, no. Look at the horrors of UK Music. 133Million albums sold in 2008, against 121Million in 1998. For singles it's 115Million in 08 against 73million a decade earlier (09's figures look even better, but I've not got the raw data yet). This P2P thing needs enforcing, because you know, growth, despite a recession, and despite this 'industry wrecking technology' means we need more, harsher enforcement as it's killing us etc. etc. There's a very good reason hard data is never presented during claims of loss, and the need for more enforcement, - because the data doesn't support it. You know it, and I know it, and the industries know it.

        "In my piece, I've explained how we can get P2P file sharing without anyone being screwed. Now it's your turn."

        You again fixate on an assumption that if a few large companies profit from copyright, and 60Million of us are adversely affected, it's ok, because those few companies are more important. Oh, and could you please detail just exactly WHO all these 'anyone' are that are being 'screwed'.

        To take your arguments, and put them in a historical context, this sort of thing was done before. It was called the locomotive act, and was enacted in 1865. The idea was to restrict a new technology (traction engines) and "to prevent anyone from being screwed over", the anyone in this case being the pre-existing transportation networks. The motivations for the 'red flag' act, were similar to those behind current anti-p2p technology. Protect the incumbent, exaggerate claims of the harm the new technology does, discourage it's adoption; exactly where we are now.

        It's impossible for there to be any change where "without anyone getting screwed", to believe otherwise is... cute. It's always a trade-off. Your solution attempts to keep the status quo but ultimately negatively harms the majority of the population - they get screwed, as proven by the likes of ACS:law, a practice that can and will only increase under your 'solution'. The real solution is to reduce copyright terms. only a minuscule percentage of works that are created each year, are worth anything 10 years later (or even 5). It will however give an economic boost by allowing works to be built on, to be distributed etc. However, at the same time, the revenue span for those 'long-time-earners' will be gone, and something will have to fill it in those companies. That would be *drumroll* NEW works. Incredible, we're talking about injecting new products into the economy. Why, wouldn't that HELP the economy? indeed it would. It would also help development, and progress (via associated technologies like Bullet Time, and the 3D used for Avatar, as an example). As any economist will tell you, stagnation is bad, yet we're moving ever closer to an enforced creative stagnation.

        "'d really caution against making stuff up in areas where it's clear you know very little, such as artist contracts: eg, "Then most aren't so sure."

        Signed such contracts myself, handled many (I used to work at a record label). How about you? (and 'bloke at the pub' doesn't really count)

        "That's a conjecture"

        As far as conjecture goes, isn't that what YOUR 2 page 'article' was?

        (PS, as for 'comments allowed', I was referring to these, usually they're disabled on your posts)

        1. Andrew Orlowski (Written by Reg staff)

          Another Fail.

          "(PS, as for 'comments allowed', I was referring to these, usually they're disabled on your posts)"

          Er, not since last year. A few are closed for reasons I've explained many times. About 25 of my stories are "open" for comments at the moment.

          Can't you get anything right?

        2. The Other Steve
          FAIL

          Failure to communicate

          I still haven't seen you explain anywhere just what all this screwing is that's taking place, or why I should care.

          All I'm getting is basically "I think that some things cost to much, it's just not fair".

          This is your fault, you need to communicate better.

          And as for this tosh :

          ""It's impossible for there to be any change where "without anyone getting screwed", to believe otherwise is... cute. It's always a trade-off."

          This rather indicates that you are immune to the possibility of a win win situation. You will destroy the enemy, there will be no compromise. There must be a loser, and you've chosen who it is. Or rather, you've chosen to fantasise who it is, since none of this will ever come pass.

        3. Anonymous Coward
          FAIL

          Take an Econ class...

          "Copyrights are a government-granted right that restricts people & businesses from offering products, and thus prevents products from reaching the market, which is a pretty clear 'handicap' to the economy."

          No Copyrights and patents are there to get products to the market FASTER.

          From http://www.uwlax.edu/faculty/knowles/eco303/Gallini.pdf

          "The last two decades have also seen important reforms in the U.S. patent system. These changes are widely perceived to have strengthened patent protec- tion, in that patents have become easier to enforce and may be granted for a longer time. The reforms have also extended patent rights to new subject matter, such as genetically engineered life forms and business methods. The purpose of the patent reform was to stimulate innovation in the United States, which was thought to have lagged behind other industrial countries in the 1970s (Meador, 1992). Policies that strengthen and extend patent rights for the purpose of encouraging innovation find support under the conventional view of patents with its well-known public policy tradeoff: Patents provide incentives to research and to disclose information, but at the social costs of reducing the invention’s use during the patent life (Nordhaus, 1969)."

          I will note that the above author is arguing against this proposition - but that is a minority opinion in the journals.

          Atlas

          1. Mephistro
            Pirate

            The title is required...:)

            " ...for the purpose of encouraging innovation..."

            That's the core of the problem. You won't encourage innovation with longer patent or copyright periods. If IP holders can milk their 'products' for, say, thirty years, that also means that other 'creators' won't be able to build upon those new concepts for thirty years. Add to that a crippled patent system where you can patent mostly everything, just by using vague terms in the patent application. Add also the fact that only big companies will have the resources to defend their IP, i.e. a legal department, with several employees reviewing products to see if one of them is included in their patents, and the money needed to challenge a patent with the actual system. Imho the current system is exceedingly good at stifling innovation, and needs to be changed.

            "I will note that the above author is arguing against this proposition - but that is a minority opinion in the journals"

            No wonder. Most journals 'are' IP themselves, and most economists and executives are still struggling to understand the implications of trading with information, with little success it' would seem.

            Now, the West can take three different avenues. They can fix they system to really encourage innovation, they can wait till other countries leave them behind by creating a better system and, finally, they can put pressure on the rest of the world to adopt the same crippled system -ACTA-.

            A short summary of the last paragraph is 'We are screwed!' :(

      3. copsewood
        Pirate

        coherent justification

        The 2 sets of rights being asserted here are not compatible.

        a. The conflict between the free expression right to be able to make fair comment using extracts of work made many years earlier where the rights holders have lost interest and are not contactable (ECHR section 10) but we don't know that for sure, and they could still sue concerns incompatible rights.

        b. The conflict between the right to be able to communicate freely with friends and others without having communications spied upon (ECHR section 8) unless overriding reasons (e.g. national security) are at stake and justify surveillance, versus copyright holders claimed rights to be able to control all distribution of work concerns incompatible rights.

        Legislators have to compromise between incompatible rights asserted by different political interests. This, Mr Orlowski, is what politics is about: who gets what, when and how often. The UK Pirate Party may well be less mature in the presentation of their politics than their Swedish counterparts, but this fact doesn't make the core values behind their arguments any less legitimate. It can take a single issue party to force major parties to stop being one sided on such issues, e.g. because conventional publishers can swing many votes and have failed to present the side of this debate which doesn't suit their interests.

        As to how content creators should get paid, that seems obvious. If a clothes shop plays music they are making money from it and have to pay a license to copyright holders for public performance. When non-profit making distribution is made legal, the ISP industry and vendors of blank media will be making money from customers' distribution of content and should, like the clothes shop playing music, have to pay for licenses which can be justified on grounds of sales commissions. Without the content, it seems clear that less bandwidth and blank media would be sold.

        1. Andrew Orlowski (Written by Reg staff)

          Re: coherent justification

          "When non-profit making distribution is made legal"

          Licensing that exclusive right is best done voluntarily, by the rightsholders themselves, I think you would agree.

          1. copsewood
            Stop

            copyrights don't trump the ECHR

            "Licensing that exclusive right is best done voluntarily, by the rightsholders themselves, I think you would agree."

            I don't. You, Andrew, are arguing as if rights never change, never come into conflict with other rights, and exist independently of politically-motivated lawmaking. You need to learn some history. A claimed right which conflicts with more fundamental rights has to be negotiated through the political process or will be challenged through use of political process, as the activities of the UK and other Pirate Parties demonstrate.

            1. Andrew Orlowski (Written by Reg staff)

              Re: copyrights don't trump the ECHR

              "Licensing that exclusive right is best done voluntarily, by the rightsholders themselves, I think you would agree." I don't.

              Ah, so you advocate stripping rights from people with creative talent.

              What a bitter man you are!

              The longer the thread goes on, the more apparent it is that spite and jealousy are the main motivations here.

              1. copsewood
                Pirate

                Welcome back to the UK ?

                "Ah, so you advocate stripping rights from people with creative talent.What a bitter man you are!"

                The history of your nation's constitution started, I seem to recall, with the stripping of property rights from the British crown in 1776 ? So to apply your arguments to your own history, this history of political right stripping makes any sense of US national pride a matter of spite, bitterness and jealousy ? Andrew, the more I manage to wind you up, the funnier you sound. Besides, I'm not sure we would want all those Americans taking up seats in our Parliament, so good riddance !

                1. Andrew Orlowski (Written by Reg staff)

                  Re: Welcome back to the UK ?

                  Oh dear.

                  I'll leave you to figure out the quite major error in your latest emission from the Shed.

                  What a good job you don't work in (say) higher education. ;-)

  1. Anonymous Coward
    Stop

    Too much power

    Like all systems where a company, cartel, political party, government in general or even individual gain too much power, abuses take place. As the old saying goes. Power corrupts etc.

    We are in the situation where we have a two party system, voted on by seats rather than majority vote.

    This has led to the system stagnating. It is no longer a true democracy. It it a two (Not even three) vote system where you get to choose between two bad apples. They are both as corrupt as the other. They both push through similar agendas but pretend to differentiate themselves from one another and argue moot points across the bar.

    They are both in the pockets of other interested parties with big coffers and only when they are outed via media spotlight do we get to witness their transgressions (Expenses anyone?).

    This has to stop. Big brother is steadfastly moving forward in our lifetimes. Like any period where a large, abusive political force is in power it is time to strike the drum and revolt!

    The pirate party may not be the force required to push these bears outta their chairs but it's a good start. We need someone else other than the fundies like the BNP and UKIP (or woe betide the greenies) to kick this system up it's collective backside.

    Extreme views they may have. If they gain any footing in parliament then I doubt their ideals will stay as they are. But at least we will have some movement instead of the stagnant residing bodies of the current parties.

    It's not about anarchy or freetards or copyrights et al.

    It's about making real change to our countries future and pulling it back from the brink of a disaster.

    1. Andrew Orlowski (Written by Reg staff)

      Re: Too much power

      Rants like this must be theraputic for the keyboard-basher making them, but they don't seem to be designed to convince anyone outside the Garden Shed. Quite a few objections to the program have been raised by me and here in the Comments, but I can't see anyone setting out the case.

      Just a lot of repetition of entitlements. Maybe Pirate Party politics is about pressing the doorbell and then running away, really fast?

      1. Steven Knox
        Thumb Up

        "Insults are not an adequate substitute for rational argument."

        "Rants like this must be theraputic for the keyboard-basher making them, but they don't seem to be designed to convince anyone outside the Garden Shed."

    2. The Other Steve
      Thumb Up

      That is feed line number 465 ...

      "This has to stop. Big brother is steadfastly moving forward in our lifetimes. Like any period where a large, abusive political force is in power it is time to strike the drum and revolt!"

      The Pirate Party are pretty revolting, all right.

      Walked straight into that one.

  2. poikes
    Pint

    Perhaps you should read this Andrew...

    ...it is more eloquent than I can put it, but makes the point perfectly. It's not a 'rant' and contains no 'spite', just a sensible argument for why rushing this bill through is not good for the consumer from Consumer Focus... you might find it harder to spout bile and stereotypes about them and call it journalism.

    http://www.consumerfocus.org.uk/assets/1/files/2010/02/Consumer-Focus-Digital-Economy-Bill-briefing.pdf

    Beer because the pub is where I'm off to next, with my girlfriend, and I was at the protest.

    1. The Other Steve
      Pint

      ORLY

      "Beer because the pub is where I'm off to next, with my girlfriend, and I was at the protest."

      Don't forget your fake ID.

  3. poikes

    Perhaps you should read this Andrew...

    I'd be interested to hear you take it apart. Bit harder to spit bile at a consumer organisation. Especially when you can resort to picking on their hairstyles or clothes to score points.

    http://www.consumerfocus.org.uk/assets/1/files/2010/02/Consumer-Focus-Digital-Economy-Bill-briefing.pdf

  4. Oninoshiko
    Stop

    Extremes on both sides

    Andrew, you said: "No PP has offered a coherent justification for stripping rights from people. Or why creators and businesses should be poorer. Or why we should handicap an important part of our economy." While I am not a PPUKer, I'll bite. The following is baised on something I wrote targeting USAians, asking them to use their process to deal with this issue:

    'I assert that the public domain is what is at the greatest risk, it's already been eroding faster then Niagara Falls, and it's important. It's vitally important. It's what allows us to do new animated versions of "Macbeth." Imagine trying to track down the successors-in-intrest to Shakespeare (or did Francis Bacon write them?), Homer, or Aesop. let's look at how our art would be different if our modern "in perpetuity" copyright law applied to the works we take for granted as being public domain. Disney would not exist: "Pinocchio" (1940) (based on "The Adventures of Pinocchio" (1883) by Carlo Collod), "Cinderella" (1950) (was based on a folk tale published in "The Pentamerone" (1664) (also in "Mother Goose Tales" (1697) and "Grimm's Fairy Tales" (1812))), "Alice in Wonderland" (1951) (from "Alice's Adventures in Wonderland" (1865) by Rev. Charles Lutwidge Dodgson (aka Lewis Carrol)), "The Jungle Book" (1967) (based VARY loosely on "The Jungle Book" (1894) by Rudyard Kipling). That is a lot of things from my childhood that would be gone.'

    PPUK is silly, no doubt about that, but I think the group is more about getting people to think about it then actually getting elected. Also they probibly need to learn that copyrights, trademarks and patents are completely different.

    Yes, 10 yrs on a copyright is just rediculous, but so is the modern "in perpetuity" copyright concept. pesonally I think around 50-60 years is a good length for copyrights, possibly involving a renewal in that period.

    For me, this isn't about P2P. P2P isn't ilegal AFAIK, some uses of it may be, but that is another matter entirely. It's kind of like claiming cars are ilegal because you aren't allowed to run red lights. I have put things on P2P networks, as well as downloaded them, but these where either orignal works, or ones that I had the permission of the creator of the work, so no laws were broken.

    1. Duke

      10 year copyright duration

      "Yes, 10 yrs on a copyright is just ridiculous"

      Why?

      When copyright was first created it was decided that 14 years was a sensible length. This was back when merely copying a work could take days and distributing it across a country and around the world could take weeks or months. Now content can be transmitted around the world (or even into space) near-instantly.

      1. Oninoshiko
        Boffin

        Why I think 10 years is silly

        "When copyright was first created it was decided that 14 years was a sensible length."

        Actually, you are incorrect, in the "Copyright Act of 1709." 28 years was a sensible number, requireing one renewal after 14. (I did mention having atleast one renewal)

        "This was back when merely copying a work could take days and distributing it across a country and around the world could take weeks or months."

        Worldwide distribution would be months, just at sea, but it is a non-sequitor anyway because the orignal copyright laws only delt with domestic copying. Once your work left your own country, the copyright disappeared. It wasn't until 1887 that the Berne Convention took affect for anyone (let alone most-everyone, as is the case now).

        "Now content can be transmitted around the world (or even into space) near-instantly."

        Transmission time over the interwebs is completely irrelevant. If I am an author I still have to send the final manuscript to a publisher at (which point it is fixed to media, so if we are not going to require registration, we sould start counting) who then has to do a production run, now these stacks of books get put in ISO containers and loaded up on big ships which meander to the ports. Just the time at sea will likely exceed a week. Then the product has to move via land baised transit to reginal distributors before finally going from there to booksellers.

        Because we are able to move many goods, not just books, or even just MY book through this system at any one time it is highly effecent over-all, but not partiularly fast. We have economics of scale kicking in at almost every level: the printing press/bindry, the port, the container ship, freight trains. Now it is in the stores, the publisher and I get to start recuping our costs, paying for the editor, the people running the presses, those operating the binding equipment, the transportation costs. That's an awful lot of £9.99 paperbacks I have sell now (and remember, the bookseller is going to take their cut from that too).

        I, for one, am not willing to give up real books. when I read for enjoyment, I want to enjoy it. I want to be able to turn the pages. I am also not willing to pay the costs for lower-scale more local production.

        Most authors are not going to author if they are not making a reasonable income. Many authors take years to write a manuscript. Joanne Murray's fist manuscript took 5 years. Ray Bradbury took 6 years from the short story he based it on to the first publication of "Fahrenheit 451, " it took 8 years to bring Orson Scott Card's "Ender's Game" from a short-story to novel, and Nancy Kress 2 to take "Beggers in Spain" from a novella to a full novel.This is not an insignificant chunk of these people's lives, and I think 50 years, is a reasonable period for them to try and earn their living from it, with a check at 25 to see if they really still care.

        (I will admit to only haveing read 1/2 of these, but I leave as an exersise to the reader which 1/2 that is)

        1. zasta

          Yup

          Wikipedia on Statute of Anne: "The 14 year copyright term could be renewed for another 14 if the author was still alive after the first term expired."

          Fair and reasonable. Shame we let the content companies screw with our laws.

    2. Andrew Orlowski (Written by Reg staff)

      Re: Extremes on both sides

      Yep. But it's the bit that's new that's worth protecting.

      (The "Disney wouldn't exist" argument fails hard. Without those works, Disney would have chosen some other stories to work with - Greek, probably. And if they were any good, your childhood would have been just as populated with nice musical animations. You need to be sharper than simply recycling passages from your copy of Lessig for Dummies here. )

      1. zasta

        No...

        Try to picture a world where the public domain has been completely decimated..

        For example, imagine that our 150-year copyrights have somehow been extended to 2000 years.

        Now, that's just silly, isn't it? Or, is it?

      2. Oninoshiko
        Headmaster

        Please sir, avoid argumentum ad hominem like in your last sentance.

        I agree with you that new works are worth protecting. I am one of the people who thinks it's important that authors actually have the chance to make some money on their work, but it's a balencing act, eventually works do need to be able to be aknowladged as part of our culture.

        I do wonder if you actually read my post. I beleave Aesop and Homer where both greek. Because you obviously failed to comprhend the point, I will try to simplify it for you even more: "If all works created had fallen under the modern concept of perpetual copyright vast swaths of art would not have been possible." To clarify for you "perpetual" means "never ending." I assure you there are more examples of this then our modatrix will let me post, including productions of and based on the works of greek playwrites and artists.

        Now the opinion that was excerpted from was (as I noted in the post) originally directed as USAians, who have an establised track record of perptual copyright, but do you really think Blighty is any better? Before you answer, may I remind you that Copyright, Desgns and Patents Act of 1988 extended the copyright to 50 years past the death of the author, then in 1995 it was extended to 70 years past the death of the author, worded such that it actually pulled works out of the public domain that where already there (not even the USAians have pulled THAT one)

        1. John I'm only dancing
          Flame

          A simple solution

          Copyright should only belong to the author and should last only until the time of their demise. When they pop off the mortal coil, that is when the work, in whatever field, wether that is music, film apps, whatever, should then become royalty free and in the public domain.

          That way, only the creator benefits. Companies worldwide should be prohibited from holding copyright, unless they are the actual authors of said work.

          1. Andrew Orlowski (Written by Reg staff)

            Re: A simple solution

            That's very authoritarian.

            A creator can assign his or her rights if they find it worthwhile. They can assign them all to the Public Domain. Or they can assign some to an intermediary, who can go off and realise the rightful value of the work, and so they can concentrate on their art.

            Why not chop their arms and legs off, while you're at it? That would stop 'em walking about too. We sure as hell don't need walking artists, musicians, etc...

            1. John I'm only dancing
              WTF?

              @ Andrew

              Authoritarian, yes, fair yes.

              As a working journalist, and a one time freelance, I'm sick and tired of copyright grabs by all and sundry. I was also in a band, which put out an album with all our own tracks, bar one. We did the right thing and got permission to cover the song from the right's holder, which happened to be the creators (ie the band).

              If the author wishes to create a work and make it rights free, then that is their prerogative, if they wish to assign their rights to a third party, that too is their prerogative, but a starting point, my suggestion still stands up. Until the creator assigns the rights, the copyright exists with them until death, whether that is the day after or 60 years in the future.

              I never suggested the hard line you appear to have assumed, but the creator of any work, should be the one to benefit from it, not some faceless company.

              And yes, I do support openness.

              1. Andrew Orlowski (Written by Reg staff)

                Re: @ Andrew

                "I never suggested the hard line you appear to have assumed, but the creator of any work, should be the one to benefit from it, not some faceless company."

                Did you really mean that literally?

                The inability to assign copyright to an intermediary is a very hard line indeed - it rips whole chunks out of the economy. In music, it would mean (literally) no managers, no performing rights societies to negotiate on their behalf with broadcasters, no publishers, no labels.

                If you simply meant the "creator should get a better deal" then we're in agreement.

                1. Griffith Engen

                  FAIL

                  "The inability to assign copyright to an intermediary is a very hard line indeed"

                  How about licensing the copyright, but not signing it away? Isn't that what the Featured Artists Coalition is campaigning for -- giving power to the artists, not the publishers?

          2. Oninoshiko

            Re: a simple solution

            While on some levels I do like this, there is a small problems with it, namely works that are of multiple authorship. While establishing an author for a book or sheet-music is easy, who would own the latest album by the current hot band (who I know nothing about)? songs on it are written by various members of the band (in some cases multiple), the recording is done by a tech (tweaking balance, under direction of a producer). cover-art is someone else. what spacific individual owns it?

            How about a video game? You have 5 charictor modelers, 7 texture artists, 3 level modelers, 8 programmers, 20 Q/A staff, 5 group managers, 2 writers, 2 producers. Which one is the owns the copyright?

            Corperate ownership of copyrights, in the case of large-scale projects, is the only thing that really makes any sense.

    3. Anonymous Coward
      Alien

      @Oninoshiko

      Wow - an attempt at a reasonable argument.

      OK I'll bite. Copyright into perpetuity is stupid (in my mind) - as is a very short limit. The question(s) that should be asked is at what length does society benefit most. By this, I mean, what length creates the condition under which society gets the maximum creation of new knowledge. Too short and people will not create new things - it not worth the time. Too long and you cut off all new derivative works.

      Patents seem to work at about the 20 year mark. Here one wants to get derivative works to market at a reasonably fast pace. Noting that R&D for a major change takes about 5 to 10 years - this would give the original inventor about 10 to 15 years of true sales. The next change will take another 5 to 10 years anyway - so you are giving the inventor clear market for about as long as it takes to create a large scale change. Technology, e.g. patents, usually only have a limited number of viable methods - so a long patent block blocks all development by others.

      Copyright is a bit different game. Here, the next step in prose/music/etc is not specifically reliant on previous prose/music/etc. As such, IP protection of this type does not appreciably slow future works. Additionally, we do have ways to make use of protected works to create derivative works. An example is sampling of music to create new musical works. Additionally, story authors are able to make use plot devices in new books with no issues. This would imply that copyrights can be longer - at no harm to society. This would imply that there is significant latitude in setting the length of copyright. I would suggest that we, as a society, are doing an experiment to find the longest reasonable time.... We will know the answer in 50 or so years.

      Atlas

      1. The Other Steve

        Only, not

        Hate to pull you up for what was an otherwise pretty coherent post, but fairness compels me to point out :

        "so a long patent block blocks all development by others."

        It is quite possible to licence patents, tech companies do it all the time, often they will cross licence. Money changes hands, or rights to tech are exchanged.

        So it isn't quite that black and white.

  5. Giles Jones Gold badge

    Pirate party represents the people?

    Given how most politicians seem to be in the pockets of big business, it's refreshing to see a party that represents the people and may finally restore some balance.

    If things carry on the way they are then people won't be able to look at someone else's newspaper, "they should buy their own copy" will be the cries from the publishing firms.

    I'm amazed that renting DVDs and Blu-ray isn't illegal yet.

  6. Orclev
    Dead Vulture

    Apparently adult discourse is too much for el reg

    [snip - off-topic]

    Copyright, is a monopoly (in theory a temporary one, increasingly less so) given to an individual (and thanks to the magic of corporations, companies) on the duplication and distribution of a work. In a free market, monopolies are bad because they distort the market, and hence they are generally regulated against. Things that are trivial to duplicate tend to have no value in a true free market because anyone that wants them can obtain them easily. Certain kinds of easily duplicated items, such as music, art, books, and now programs, however greatly benefit society, and thus need to have some non-zero value in order to encourage their production. On the other hand, it does not benefit society to have these resources locked up in perpetuity as the advancement of the mediums depends on being able to build on prior work (classic case of don't re-invent the wheel). Due to this inherit conflict between creating a monopoly in order to provide an otherwise non-valuable work with value, and the damage to society that a monopoly causes, a compromise was reached in the creation of temporary copyrights, and the establishment of a set of exemptions to said copyrights (fair use doctrine).

    Over the years the length of copyright terms have been steadily increased, the scope of what can be copyrighted has increased, and the exemptions to copyright have slowly been eroded. Now we find ourselves so far removed from the original purpose of copyright that people don't even realize copyright was originally envisioned as a temporary right, and instead seem to believe it was created as a permanent monopoly. We have in fact come so far, that those who would attempt to push us back towards (and in some cases past) the original intent of copyright are treated as if they are hurting society rather than helping it. Yes, the monopolies will suffer somewhat at the reductions in copyright, but they were never intended to have profited so greatly from it in the first place, and more to the point the rest of society will benefit.

    To be clear, I'm not advocating abolishment of copyright, and from what I've seen neither is the Pirate Party. Rather I'm advocating for a return to the original intent of copyright for the betterment of society at large, even if it means a reduction in profits for copyright holders. Even a reduction of copyright to 30 years would go a long way towards re-establishing a balance between copyright holders and society, although quite a bit of reform will also be necessary to restore the fair use and privacy rights that have also been eroded as well.

    Lets see if you can respond to this without resorting to straw-man arguments, or ad hominem attacks, as you have to most of the other commenter's.

    1. Andrew Orlowski (Written by Reg staff)

      That sounds familiar

      This Sixth Form cut-and-paste stuff really isn't helping you. You've arrived late, and missed the discussion. I'll recap for your benefit:

      My way means nobody needs to lose out, lose rights or choices or access to markets. Your means a lot of people do lose out. You need to justify both morally and economically.

      The Ladybird Book of Lessig will not be of much use to you here. Nor will nostalgia for pre-industrial Feudalism. Off you go.

      1. Griffith Engen
        FAIL

        Typical response

        "I have no real arguments, therefore your opinion is irrelevant"

      2. Orclev
        FAIL

        Not sure why I bother at this point

        Well, lets just go through these point by point shall we?

        "This Sixth Form cut-and-paste stuff really isn't helping you. You've arrived late, and missed the discussion. I'll recap for your benefit:"

        This is irrelevant and is pretty typical of the sort of sniping you tend to do. But regardless, no, I didn't arrive late, I in fact have a post on page one (possibly page two now with all the replies) of this discussion, and in fact the post you're responding to would have been much earlier in the conversation but got rejected by the mods the first time around.

        "My way means nobody needs to lose out, lose rights or choices or access to markets."

        No in fact it doesn't, and you just saying so doesn't make it so. You propose that they create some legal file sharing services, which, they in fact have. They do OK, but not terribly well for a variety of reasons, most notably that people don't want to have to pay to share, rather they would rather pay to own, such as in the wildly popular iTunes market. Essentially your argument is that if they make legal P2P services (they have), then piracy will go away (it hasn't), and everyone will be happy (no one is). There are a variety of ways that have been proposed to deal with this, none of them particularly good. There's the route the music and movie industries are currently pursuing which is to in essence make non-authorized file sharing services illegal, never mind the fact that there's lots of things such services are used for on a regular basis that have nothing at all to do with violating copyright. Another tactic such organizations are pursuing is attempting to pawn off enforcement on ISPs, but that doesn't really deal with the problem, it just shifts who has to pay the fees off on an innocent third party. There's also the option being toyed with by a variety of nations including I believe Canada, which is to levy some sort of music tax on everyone and then divide the proceeds among the artists, never mind how exactly an equitable arrangement on how to divide those assets is supposed to be arrived at, or the fact that such a tax by its vary nature is unfair to consumers who may or may not be interested in listening to said artists.

        "Your [way] means a lot of people do lose out."

        The copyright holders on the whole will not be affected by a reduction of copyright length. Very little profit is ever seen by works older than 10 years, let alone 30. Some companies would be suffer more than others, such as Disney who derives a not inconsiderable portion of their income from artificially restricting the availability of their older movies thereby creating artificially low supply (which of course drives up demand, and in turn leads to higher perceived value). The music industry might also suffer somewhat although probably not in the way you imagine. Assuming for now a 10 year copyright, what it would do is demonstrate the true value of a CD. That is, because anyone could distribute a CD containing works older than 10 years, it would be a race to the bottom, and therefor the company that could produce a good quality CD (and associated packaging) for the cheapest price would be the most successful. I'd guesstimate that you could probably accomplish such for a few dollars including distribution costs to get it to the stores. Such a situation would lead to shelves on which the latest CDs would be sitting around at the current $10 to $15 a piece, along side much older CDs at $2 to $5. Such a situation would probably lead many to wonder why exactly it is that they should pay $10 for a CD, when clearly it's only costing the CD producer something less than ~$3 to produce the CD. Even in such a situation however I think most people would still be willing to pay the $10 assuming it was a band they actually care about, particularly if they knew a significant portion of that ~$7 markup was going to the band and not the distributor.

        "You need to justify both morally and economically."

        I don't really, but I think I have anyway.

        "The Ladybird Book of Lessig will not be of much use to you here. Nor will nostalgia for pre-industrial Feudalism. Off you go."

        More irrelevant sniping. I find it particularly hilarious that you invoke feudalism in this case, as you're position is closer to feudalism. Feudalism was all about maintaining a monopoly on land ownership, and you're in favor of maintaining a monopoly on content distribution.

Page:

This topic is closed for new posts.

Other stories you might like