Let me get this straight, price and value are different but value affects demand which affects price? So in effect, value affects price. So they aren't as different as you make them out to be.
Yea, something may be priced lower than its value, but usually the price will rise to match its value. Basically this argument is just splitting hairs.
It is also used to argue that stealing music is ok but that is another issue.
I'd agree that the surveys were very likely worded badly like that. Even among the large group of non-techies among my family and friends that I help out, I don't think a single one has ever actually bought anything from a spam.
Honestly, the most accurate way to gauge this would probably be just to ask whether they've ever enlarged their penis. ^_^
All intellectual property should be treated as real property. The problem is that no IP-promoters actually want that. They want to have the same legal powers you have to *defend* property, but otherwise want it to still work like something completely different.
If IP was just P like anything else, then this whole copying problem would just disappear. I, an artist, sell you, the consumer, some music. You, the consumer, now own that music, and can do whatever you want with it, just as you could with any other object I sold you.
This even clears up the issue of 'stealing' IP! If I have a song worked out in my journals that I haven't released yet or shown to anybody not contractually obligated to keep it secret, but somehow the lyric sheets end up on the internet, that's stealing. Someone has violated my right to privacy and taken my intellectual property without permission, which is straight-up theft.
The problem is that nearly all IP-as-property advocates want the second scenario to apply even when you have voluntarily sold or given your IP to another party. That's not how property works, people!
The funny thing is that the best way to make IP act as real property right now is to public domain it.
You repeatedly state that ebay shouldn't be liable for counterfeits on the site, but it is ebay that created the environment that makes them liable. They set a precedent years ago by pulling auctions from the site that did not comply with certain laws...that was their first mistake.
By doing so, they admitted that they were liable for those listings, or at least aware of them and their illegality. ...and chose to take some responsibility for policing the site against such listings. Then they began restricting what could and couldn't be listed in certain states and countries based on national and state laws...another step in implicating themselves in all future cases of illegal listings.
Knowing your site, property, business etc. is used as a place to conduct illegal activity may not in itself necessarily imply liability. But, eBay actions to try and prevent the crimes on the site certainly starts to imply that they are liable. Add the fact that ebay continues to make tens of millions of dollars from counterfeit listings, Paypal scams, and other rip-offs and suddenly they look a whole lot liable.
I never really looked into the value of the DS memory cards - I thought they were just for playing ROMs. Carrying around all my games on one card sounds *awesome*, though. Looks like I know what my next game purchase will be now. ^_^ Thanks, Nintendo!
"The Secret" is a way of organizing your thoughts. No magic, no mystical stuff. Its very simple: When you think positive, your mind is clearer and it functions better. Period. You can believe all the hype and crap you want, but if you follow what they tell you in the Secret "write your goals down, visualize them, believe in yourself, don't let negativety tear you down, blah blah blah" your mind will simply function better, nothing will "magically" happen, but you WILL make better decisions and will live a whole lot more of a stress free life. Its not rocket science people for god's sake! its just the same old "self help" stuff repackaged!
And if that helps people, then why not?
The difference is somewhat technical, but important.
When IE (or most any browser) takes you to a search page after you type in a non-existent address, that's purely an action on the *browser's* part. It *tries* to go to the page, receives a 404 error, then instead puts you on a new page. It knows that the original request failed, though. (The normal 'page not found' error also works exactly like this, except that the page it sends you to is stored on your computer rather than being somewhere else out on the net.)
On the other hand, what Rogers and some other ISPs are doing is redirecting you on the *server's* side, so that the browser never knows that it tried to access a bad address. Specifically, the error code that the browser is supposed to receive (404) never gets sent.
There's a third similar thing that can happen, actually. Individual sites can specify that 404 errors should bring up a specific page of their own (rather than the browser-specific page-not-found page). This can even be an ad-laden search page, just like what Rogers is doing. However, this practice *still* returns the proper error code as well, so that services which depend on that code to know that a link is bad will still work correctly.
Permeating the city with garbage smells isn't a necessary part of the infrastructure. It's simply that no one has felt it worth it to fix the issue - dealing with some bad smells once a week is cheaper than fixing it.
Same with inhaling exhaust when walking on the sidewalk - it's not necessary, it's just that nobody wants to spend the money and effort to fix it.
Spam can be solved in the same way, with money and effort. There are actually some very good ways to completely throttle spam that aren't very expensive or difficult, it's just that nobody's bothered to set them up yet, as they need network effects before they become really usable.
As a songwriter, I'm not sold on this idea. Just because the band I was in stopped gigging (and selling CDs) five years ago, why should I lose the rights to the songs I wrote?
Along with that I don't want the expense of renewing such rights every five years.
I don't understand why copyright should ever expire, except perhaps upon the death of the creators.
Um, that would not work at all. A lot of spam is sent from bot-nets and zombie computers. So, you want to charge the average Joe for every email his trojan-infected computer sends? Plus, even if it is a company sending it out, how do you enforce a fee on a foreign company, which is the other major source for spam?
now though,so many people,companies can send out a million or more spam e-mails at one time that i believe the only way to protect us all from inbox's with 200 spam emails everyday is to limit the amount of emails a person or company can send in a given time.if you exceed that # of e-mails, then you would have to pay the government a fee for every e-mail.i mean #'s like the average person or even small business owner would send in a month. maybe 50,000 emails and after that even a penny an email would stop these companies that send out millions of spam emails daily.i left my yahoo box unattended for 5 days and had to delete over 1000 spam emails 25 at a time.do the math of how long it took me.spam has become a plague to us average users.
To work as a contractor or work under a contract is a form of Work for Hire, In California for example the person or business who hire's then owns the property, physical or intellectual. Because the negotiation is handled upfront all party agree prior to any product or payment taking place.
your can't really compare a contract or work for hire with copyright in this case.
What should people "with sense" who have Mac computers use instead of Limewire? Thanks for your expertise.
I suspect that were this entire enterprise not underpinned and compelled by the greatest industrial looting in business history, it might be regarded differently. As it is, the pirates have little to blame but themselves. Stop buying and an industry fades.
Instead, they are 1) hurting artists far worse than any industry ever did, 2) creating the climate wherein the laws will virtually institutionalize these industries and worst of all 3) setting the stage for future ISP taxes that will cycle back to the industries, removing all risk and any future need for investment or innovation.
And the legacy of online piracy will be an online police state, because piracy gave the governments of the world little choice.
Normally, I'd be horrified. Under these cowardly and loathsome conditions created by the filesharers themselves, I'm okay with this now.
...
Hope you're happy with your petabyte of contraband. You traded your liberty for it.
Other people have hit this comment already, but I feel it bears extra emphasis.
This still seems to me like an admission that content creators need to just deal with a shitty reality: no one will pay you solely for your content anymore.
Behind this is still the unstated implication that content, in and of itself, isn't worth paying for, and neither is the work that goes into its creation. Whether people are admitting that or not.
I'm not sure you actually understand your own position, edjay.
You started by sarcastically suggesting that Mike should create a copyrighted work and give it away for free (implying that Mike wouldn't, because he uses copyright to make money like all the musicians).
It was then pointed out that the very blog post you are commenting on is a copyrighted work given away for free. Mike practices exactly what he preaches - he gives away an infinite good (copies of his posts over the internet) for free, and uses them as advertising for his main business, the TIC. Even within the TIC he sticks to his guns, as he allows the people who commission him to do whatever they want with the information he provides them, even give it away to other people.
I mean, if you want to change your position now, you can, but it's pretty clear that your original post was a stunningly stupid comment. Even your changed position isn't very intelligent, as Mike has never advocated copyright infringement on the part of the users (as he says over and over and over again), but rather implores the *artists* to free their copyrights and use the infinite goods for their own benefit.
Heh, I'll try to answer for Mike. I've been following his words on this sort of thing for some time. Let his own words be definitive, of course.
1) Of course they should have the potential. As long as your business isn't illegal or something similar, you should always have the potential to succeed. Of course, potential doesn't put food in your mouth, if you waste it.
2) Yes; ethically, you should support those who make things you find worthwhile. Note, though, that I don't believe ethics requires you to support them financially in the manner or degree to which *they* request - if someone said they deserved $1000 from everyone who listened to their music, I'd rightfully tell them to fuck off.
3) Not that it *should* (that's an ethical imperative), but that it *will*. The cost of any good drops to the cost of producing it over time, as people learn how to undercut their competitors and still make money. When something is free to produce, then, the price will generally drop to free as well. One can still try to charge, but there is no guarantee that people will want to pay when they have other providers all around giving away something similar. One can see this operating in the music market right now - iTunes kicked things off with $.99 downloads, but newer legal offerings are charging less than that just because they can. It's not a loss leader, because the price isn't below cost - they can just operate at a lower margin.
4) When you say 'a work of art... as itself', what exactly are you referring to? With something like a painting, the original is certainly a scarce good - by definition, there's only one. Physical reproductions are scarce, because they cost money to make. The actual content is infinite, because you can reproduce it for (effectively) free. It seems like you're trying to refer to the abstract concept of the artwork, which isn't an actual thing that can be sold.
This hypothetical of yours changes everything. Why do Mike and the others here at Techdirt advocate giving music away for free and making it up elsewhere? Because piracy exists, or more specifically, because the technology that enables piracy exists.
Business models don't exist in a vacuum. If there were no cars, the buggy whip industry would probably still be a decent place for a young person to work in. However, they do, and so it isn't.
Same with music (and other industries, of course). High bandwidth and easy filesharing change the shape of the marketplace such that giving things away for free is a good idea (if you don't, it's going to happen anyway). If you eliminate this, you basically just rewind the industry 15 years or so, when CDs were still the best bet.
Well, almost. You have the right to do what you wish with things that are sold or freely given to you, unless you agree to special terms limiting your freedoms in a formal contract. Shrinkwrapped EULAs don't count, and luckily the courts are starting to realize this.
When I am sold a CD, I own it. I won't buy a plastic disc for $14.99, as I can get several hundred for that price. If I'm paying that sort of money, it's for the content. I'm buying the music. If the artist wishes to attempt to engage me in a formal contract whereby I limit my rights to redistribute my property after I buy it, they are free to, but I'm free to refuse as well. Luckily, I've never had any of them do that. All I ever see are transparent attempts to try to ram a contract down my throat by stealth via EULAs.
In the meantime, I will take my (intellectual) property as my own, and do what property law has always allowed me to do with my own property - share it with others.
Gmail's had it for a bit
Gmail added a feature similar to Outlook's a while back in their 'experimental' settings. Hit the "Take a Break" button, and your entire gmail window gets grayed out and unusable, with a timer counting down for 15 minutes before it lets you in again.