But then as part of the agreement to play that bands music, wouldn't you (as the venue) put it into some sort of contractual arrangement that gives you the right to play that bands music (in the specified venue) for an extended time? i.e. many years. Therefore if you have a pre-existing contract that allowed you that artists music for 10 years, then it doesn't matter if that artist joins some organisation like the PPCA 2 years later. And hopefully as the venue operator you'd always be on the lookout for new such artists/agreements, so that once the 10 year license is up you should already have lined up (if not already started using and been gradually reducing artist 1's playtime) a replacement set of music.
"This presupposes the purpose of copyright is to foster innovation as the primary, perhaps exclusive, goal. "
Based on the Copyright Clause of the US constitution (Article I, Section 8, Clause 8 ):
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
then I'd suggest that the presupposition you mention above is indeed accurate.
Not knowing the full details, but how long did the case go on for and how many people were involved?
Could have a law firm with 4-10 lawyers working on the case for 3-4 years, plus their expenses (travel, expert witnesses, etc etc).
Let's say 8 laywers working on average each 15 hours/week over 4 years. 15*8*52*4 = ~25000 hours. Which gives $440/hour average. Some of those could be partners ($600+ hour) or more junior lawyers ($150/hour). This doesn't even cover expenses such as travel, hotel bills, expert witnesses, document discovery, 3rd party investigators (PI's, expert witnesses, researchers) and so on. Which would probably bring the average down from $440/hour to closer to $300/hour. Of course, the actual lawyer themselves don't see that hourly figure, as the firm takes a cut of that so the lawyer would probably be lucky to see 1/2 that hourly rate. Still pretty excessive tho. But I wouldn't be complaining if someone would pay me $200-$300/hour, hell, I'd be happy with $100
Of course, if this was a 2 man law firm that worked on this for 2 years, then $11mill is a tad excessive ;)
but rather a global rule set that makes it possible for people in different countries to interact with each other without issues, in a reliable and standardized manner.
And how is TCP/IP different from this? You know, the international standard outlined in several RFCs.
Instead of my telephone number being +61 8 1234 5678 it could now be 192.168.1.10:5000.
But that code exists in the first place because those who contribute to it contribute under the expectations that its terms will be followed. Otherwise that code may not even exist and those who stay away from it won't be able to contribute to it regardless.
I think you are missig the point entirely.
Many of the regular contributors to a project do so because they want to, not because they are forced to. And if the 'forced' cotribution requirement was removed, those people would still be contributing.
For example, lets say OGRE has 10000 users of the software. Say there are 50 regular cotributors, and anoher 250 occasional contibutors. Of those, 30 regular do so because they 'have' to, and 150 of the occasional also only do it beause they 'have' to.
If we remove the forced contribution, make it entirely vountary, and due to that OGRE now has 100000 users of that software. Well, we have now lost the 30 forced regular and 150 forced occasional contributors. But now we have increased by 10 times (the article points out that the percentages are fairly constant), no, lets be pessimistic and say a 10x increase in users only triples our voluntary contributors, well we now ave 60 regular and 300 occasional contributors. So we've gained 40 regular voluntary contributors and lost 30 forced ones for a net gain of 10 regular contributors. That's an overall plus isn't it?
Sure, you now have a huge numer of freeloaders. But whats better? is 100 @ 100% return better or worse than 1000000 @ 1% return?
I may be wrong, but i thought the point of civil proceedings was compensation. Isn't punishment the responsibility of criminal courts? As such, punishment is not a factor in the amount awarded.
At least one of the electric car owners notes that he approached the city about getting a license, but he was denied ... the loophole is that the regulations only apply to hired transportation. If the transportation itself is "free" then there are no regulations.
At least one of the electric car owners notes that he approached the city about getting a license, but he was denied ... the loophole is that the regulations only apply to hired transportation. If the transportation itself is "free" then there are no regulations.
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Re: (as Eldakka)
But then as part of the agreement to play that bands music, wouldn't you (as the venue) put it into some sort of contractual arrangement that gives you the right to play that bands music (in the specified venue) for an extended time? i.e. many years. Therefore if you have a pre-existing contract that allowed you that artists music for 10 years, then it doesn't matter if that artist joins some organisation like the PPCA 2 years later. And hopefully as the venue operator you'd always be on the lookout for new such artists/agreements, so that once the 10 year license is up you should already have lined up (if not already started using and been gradually reducing artist 1's playtime) a replacement set of music.
Re: (as Eldakka)
Based on the Copyright Clause of the US constitution (Article I, Section 8, Clause 8 ):
then I'd suggest that the presupposition you mention above is indeed accurate.
Re: (as Eldakka)
Not knowing the full details, but how long did the case go on for and how many people were involved?
Could have a law firm with 4-10 lawyers working on the case for 3-4 years, plus their expenses (travel, expert witnesses, etc etc).
Let's say 8 laywers working on average each 15 hours/week over 4 years. 15*8*52*4 = ~25000 hours. Which gives $440/hour average. Some of those could be partners ($600+ hour) or more junior lawyers ($150/hour). This doesn't even cover expenses such as travel, hotel bills, expert witnesses, document discovery, 3rd party investigators (PI's, expert witnesses, researchers) and so on. Which would probably bring the average down from $440/hour to closer to $300/hour. Of course, the actual lawyer themselves don't see that hourly figure, as the firm takes a cut of that so the lawyer would probably be lucky to see 1/2 that hourly rate. Still pretty excessive tho. But I wouldn't be complaining if someone would pay me $200-$300/hour, hell, I'd be happy with $100
Of course, if this was a 2 man law firm that worked on this for 2 years, then $11mill is a tad excessive ;)
Re: Re: Re: (as Eldakka)
And how is TCP/IP different from this? You know, the international standard outlined in several RFCs.
Instead of my telephone number being +61 8 1234 5678 it could now be 192.168.1.10:5000.
Re: Re: Re: This Article is Nonsense (as Eldakka)
I think you are missig the point entirely.
Many of the regular contributors to a project do so because they want to, not because they are forced to. And if the 'forced' cotribution requirement was removed, those people would still be contributing.
For example, lets say OGRE has 10000 users of the software. Say there are 50 regular cotributors, and anoher 250 occasional contibutors. Of those, 30 regular do so because they 'have' to, and 150 of the occasional also only do it beause they 'have' to.
If we remove the forced contribution, make it entirely vountary, and due to that OGRE now has 100000 users of that software. Well, we have now lost the 30 forced regular and 150 forced occasional contributors. But now we have increased by 10 times (the article points out that the percentages are fairly constant), no, lets be pessimistic and say a 10x increase in users only triples our voluntary contributors, well we now ave 60 regular and 300 occasional contributors. So we've gained 40 regular voluntary contributors and lost 30 forced ones for a net gain of 10 regular contributors. That's an overall plus isn't it?
Sure, you now have a huge numer of freeloaders. But whats better? is 100 @ 100% return better or worse than 1000000 @ 1% return?
Re: (as Eldakka)
Which makes the lawyer more money?
then dealing with the responses and and further letters and other fallout?
Answer that question and I think you'll have why so many bogus DMCA takedowns get sent out.
Re: (as Eldakka)
What publisher? where can I get these? ;)
Re: (as Eldakka)
You are basing the fact that they have a sense of humour and named their site humoursly as proof that they are immoral/criminals?
I've known builers who have a sense of humour and named their building company "bodgy" or words to that effect, because they have a sense of humour.
I know someone who named a business "beaver", and they aren't talking about the animal. Doea it make them porn obsessed?
Re: Re: Re: Re: Size of the Settlement was Punitive? (as Eldakka)
I may be wrong, but i thought the point of civil proceedings was compensation. Isn't punishment the responsibility of criminal courts? As such, punishment is not a factor in the amount awarded.
Re: (as Eldakka)
the article addressed this:
i.e. you don't need a taxicab license.
Re: (as Eldakka)
I think the article already covered this aspect: