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<title>Techdirt. Stories filed under &quot;myth&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;myth&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 23 Dec 2011 17:37:31 PST</pubDate>
<title>The Myth That SOPA &#038; PIPA Will Stop Infringement By 'Educating' The Public</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111220/04083317141/myth-that-sopa-pipa-will-stop-infringement-educating-public.shtml</link>
<guid>http://www.techdirt.com/articles/20111220/04083317141/myth-that-sopa-pipa-will-stop-infringement-educating-public.shtml</guid>
<description><![CDATA[ One of the key arguments we've heard about SOPA and PIPA in defending the fact that dedicated infringers will always find their way around the blocks to continue infringing, is that it's really intended as an "educational" mechanism, based on the assumption that people going to certain "rogue sites" don't know they're rogue -- but with a big DOJ banner, perhaps they'll be educated.  This has never made much sense, frankly.  The entertainment industry has been betting its legacy business model for quite some time on the myth that all it takes is a little "education" to fix things.  Multiple studies have shown that nothing is further from the truth.  People who infringe know they're infringing.  And they still do it.  Education won't make a lick of difference.
<br /><br />
DNS expert Paul Vixie is <a href="http://www.circleid.com/posts/20111219_myth_of_the_unintended_infringer_in_sopa_and_pipa" target="_blank">debunking this myth even further</a>, by separating people into two groups: intended infringers (those who know what they're doing breaks the law, but are still going to do it) and "unintented infringers" who don't realize they're breaking the law.  As he notes, SOPA/PIPA are completely useless against the intended infringers, since they'll always find easy ways around the blocks.  So what about the unintended infringers?  Well, he points to a recent <a href="http://www.cisco.com/en/US/solutions/ns341/ns525/ns537/ns705/ns1120/2011-CCWTR-Chapter-3-Press-Release.pdf">study of college students</a>, about their views on following internet policies.  And the short summary is that they all break the policies anyway, for a variety of reasons -- with a big reason being that, even if it's against "policy" they just don't believe they're really doing anything wrong.
<br /><br />
As Vixie notes, "from a high level policy perspective... we really can put "unintended infringer" into the "myth" category."  Kids aren't lacking in education or morals or anything like that.  They just don't see what's so wrong about accessing what the technology allows access to.  If the industry hadn't wasted so many years and so much money on legal tricks and lobbying for stricter copyright laws, and instead invested that money and effort into providing better legitimate and licensed services, those kids would have gladly jumped to those offerings.  But the industry decided to go in the other direction...<br /><br /><a href="http://www.techdirt.com/articles/20111220/04083317141/myth-that-sopa-pipa-will-stop-infringement-educating-public.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111220/04083317141/myth-that-sopa-pipa-will-stop-infringement-educating-public.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111220/04083317141/myth-that-sopa-pipa-will-stop-infringement-educating-public.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>educating-them-how-to-avoid-domestic-DNS</slash:department>
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<pubDate>Tue, 26 Jul 2011 10:23:43 PDT</pubDate>
<title>Getting Past The Myth That Copyright Is Needed To Produce Content</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110725/11554415241/getting-past-myth-that-copyright-is-needed-to-produce-content.shtml</link>
<guid>http://www.techdirt.com/articles/20110725/11554415241/getting-past-myth-that-copyright-is-needed-to-produce-content.shtml</guid>
<description><![CDATA[ <a href="https://twitter.com/#!/glynmoody/statuses/95554485262356480" target="_blank">Glyn Moody</a> points us to an excellent article at Eurozine, by Felix Stalder, about the myths of copyright today and how weaker copyright <a href="http://www.eurozine.com/articles/2011-07-01-stalder-en.html" target="_blank">actually can increase cultural output</a>.  It starts out by showing that the standard claims behind copyright are simply not true.  It's based on an assumption, implicit (and sometimes explicit) in almost all pro-copyright arguments, that copyright is <i>the sole source</i> of income for content creators.  But this is false.
<blockquote><i>
This simple assumption, however, is incorrect. First, copyright as the basis of artists' income is just one of many cultural economic models, namely that in which the "first copy" receives substantial investment that has then to be recouped (and more) through the sale of specific usage rights (licenses) to the users of further copies. This model is by no means applied across all domains of culture and, even where it is, it generates extremely unequal incomes. By and large, copyright-centered business models generate blockbuster economies, in which very few people earn very substantial incomes while the great majority of producers receive little to nothing for their work.  Thus, the argument that copyright generated income works well only for a few, highly visible artists and their supporting industries. 
</i></blockquote>
This is a point we've discussed before, but which often gets ignored.  When you look at the historical evidence of monopolies, you see the same thing.  While it can create a few giant businesses, it actually harms the wider market, decreases competition, and cuts out any chance of a "middle class" in the market.  It's entirely "go big or go home."  Culturally, we may be losing out in such a market, because your choices become limited mainly to the major blockbuster artists.  If you remove, or weaken, copyright laws, you open up the opportunity for <i>many more</i> artists to make a good living by employing other business models.
<br><Br>
The article notes that, in fact, copyright "is simply not very relevant for many forms of cultural production."  And for many areas of content, weak copyright protection likely increases output, because it lowers the "cost" of the raw materials (other parts of culture).  But, on top of that, weaker copyright opens up all sorts of new opportunities.  The article discusses things like YouTube's setup for monetizing videos, which simply creates tremendous new opportunities to make money where none would have been made before.
<blockquote><i>
Given that most independent videos on YouTube would have received no revenue at all under the old copyright regime, the important thing to recognise is that it is possible to gain some revenue by providing free access to one's material. A such, it represents a functioning, if limited, commercial opportunity enabled by a weak copyright environment. 
</i></blockquote>
It also discusses totally new opportunities, like Flattr (of which we are a happy user -- which we'll be discussing more about soon) and Kickstarter.  Basically, into the void new and interesting business models emerge (as some of us at Techdirt have been predicting for over a decade).  And the nice thing about those new business models is that they rely less on <i>gatekeepers</i> and more on people to support what they like, with more of the money going directly to the content creators.  It may not create the same blockbusters (and even that I'm not sure I believe), but it creates a much wider spectrum of people who can make a good living.  All in all, a great article.<br /><br /><a href="http://www.techdirt.com/articles/20110725/11554415241/getting-past-myth-that-copyright-is-needed-to-produce-content.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110725/11554415241/getting-past-myth-that-copyright-is-needed-to-produce-content.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110725/11554415241/getting-past-myth-that-copyright-is-needed-to-produce-content.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>simply-not-true</slash:department>
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<pubDate>Wed, 12 Nov 2008 15:15:00 PST</pubDate>
<title>Microsoft Employee Admits That Patent Disclosure Is A Myth</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081107/0135002767.shtml</link>
<guid>http://www.techdirt.com/articles/20081107/0135002767.shtml</guid>
<description><![CDATA[ Defenders of the patent system quite frequently point out that one of the main benefits (some claim the <i>only</i> benefit) of the patent system is "disclosure."  That is, because the patent system requires you to disclose your patent, the patent system is quite helpful in spreading ideas.  This is a myth that's <a href="http://www.techdirt.com/articles/20070321/021508.shtml">easily debunked</a> on a few points.  First, it only really makes sense to get patent protection if you know the idea will get disclosed or figured out anyway.  In those cases, the disclosure via the patent system is meaningless, since the info would have gotten out anyway.  Second, these days, thanks to "willful infringement" tripling the damages you pay, many corporations tell employees <i>not</i> to look at relevant patents, as it only opens up more liability.  Third, many patent lawyers are taught to write claims that are as broad and vague as possible while still getting approved.  This way, the patent can be construed to cover much more than the actual invention.
<br /><br />
Now, <a href="http://yro.slashdot.org/article.pl?sid=08/11/06/1852234&#038;from=rss">Slashdot</a> points us to a Microsoft employee admitting that looking at patents is a total waste because they <a href="http://blogs.msdn.com/eric_brechner/archive/2008/11/01/nihilism-and-other-innovation-poison.aspx" target="_new">never actually disclose anything useful</a>:
<blockquote><i>
When using existing libraries, services, tools, and methods from outside Microsoft, we must be respectful of licenses, copyrights, and patents. Generally, you want to carefully research licenses and copyrights (your contact in Legal and Corporate Affairs can help), and never search, view, or speculate about patents. I was confused by this guidance till I wrote and reviewed one of my own patents. The legal claims section -- the only section that counts -- was indecipherable by anyone but a patent attorney. Ignorance is bliss and strongly recommended when it comes to patents.
</i></blockquote>
Of course, technically, a patent is supposed to be written so that someone skilled in the art can replicate the invention from the patent alone.  But, when even patent holders can't understand their own patents, it's quite clear that reality doesn't match up with the theory here.  So, the next time you hear a patent system defender claiming the importance of disclosure, it might be worth pointing out that one of the biggest patent holding companies in the world instructs its own employees to ignore patents, because you can't actually learn anything from them in the first place.<br /><br /><a href="http://www.techdirt.com/articles/20081107/0135002767.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081107/0135002767.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081107/0135002767.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-here-we-go-again</slash:department>
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