Re: Why this is an impossible request from the court
Good post. If it is the case that we're getting to the stage where Apple are winning on a microscopic warfare front, to the point where a simple 4-digit pin will do, for all practical purposes this would suffice for security in itself.
Who needs copyright law when you can design device-unique combined hardware/softwa-*cough*- Digital Rights Management that makes the copying of flash data exponentially hard? Apple seems to be able to stop the copying process so well with natural scarcity as it is that they don't even need copyright law! I guess the FBI will be joining forces with the EFF to condemn DRM then.
Anyway, I wouldn't want to be one of those Apple programmers. One slip-up, one bug, one wrong library, and you face possible federal prosecution for triggering the self-erase function.
What would be hilarious is if they unlock the phone only to find third-party advanced RSA encryption on the phone without any private prime-number keys - the only location being inside the criminal's mind, memorised using mnemonics. Because after all that is the only way you can guarantee (for now) that nobody will ever crack your messages.
"There is nothing a new copyright holder can do to stop that."
You've said all I could say.
Copyright is unenforcable. You cannot stop unauthorised copies when it is ultimately everybody else's decision as to whether copies exist or not. Copyright law gets zero credit for the funding of creative artists, because such a law cannot possibly "deter" or otherwise socially condition society into paying for work.
It's not enforcable, as you've said. And considering these specific photos, why would you want it to be?
I have a question: if Digital Rights Management really can achieve that magical ability to prevent games from ever being copied without authorisation, why would games companies need copyright law whatsoever?
The answer is that they need copyright law to prevent games from being copied without authorisation.
In other words, you can have either copyright law or Digital Rights Management. But if want to have both, you'll just look silly.
I never did agree that there is such a thing as a "false consciousness" conspiracy. Google don't "brainwash" any more than NBC or Fox News, because the inherent problem of any stupidity is the stupidity of the people themselves.
Chomsky is overrated, putting it mildly.
"It reflects poorly however on Google because their results are more of a popularity contest rather than an attempt to get you the best results."
Your obscure definition of "best results" proves exactly my point. Who is to say your "best results" are any more appropriate than anyone else's "best results"? You want to be the puppeteer to pull the very strings you deplore.
It's the same mentality that is currently coming from here in the UK in regards to Leveson, in regards to Scottish nats lashing at the BBC for "bias", in regards to GamerGate thinking the approprate response to SJWs thinking gaming media is biased against their interests is to say gaming journalism is biased against THEIR interests, Corbynistas claiming every media criticism is a "smear", and now (predictably, as Google is naturally a target for conspiracists) that Google is the big, evil, moustached organisation pulling all the strings of our collective brainwashed unconscious or something.
Well this issue is all well and good and everything, but shouldn't we be screaming about the blatant LotR copyright infringement going on right now?! And the infringment of the photographer of Erdogan?!!?
Stop violating identity rights of creative work! Stop infringing on freedoms!! You freedom hater you!
A "digital version of fiat currency" would be if the Federal Reserve accepted JPEG dollars, which only they are allowed to print, as legal tender. But policing people from making forgeries of the JPEG dollars would fail spectacularly, and such a silly idea would very quickly fall apart in society.
But for some reason we all fall for a delusion that is something very similar. Ask yourself: what else is a system involving failed attempts at artificial scarcity, where you choose who is and who is not allowed to make copies in order to give the "money" value, where not just JPEG is legal tender but ANYTHING with the dollar sign on it is legal tender, yet is collectively, religiously believed by many to be a workable way of protecting property rights?
Start asking more copyright economists this question and see if you can get any good rebuttals.
It's not fiat, because you can't just print a new BitCoin whenever you please. It's much more like a gold standard, where BitCoins need a lot of work to mine before you can circulate new ones, like gold.
Okay I'll take the opposition view here: I don't think BitCoin should be banned but, I do think it is doomed as an idea.
I think a few folk here interested in economics will know what I mean why I use the word "utopia" to describe the gold standard as the basis of your currency. It may stop state artificial-inflation of the money thus stopping the arguably unjust deprivation of folk's value of the dollar (though maybe just if you consider it taxation..), but it cannot keep up with the fluctuations of outside markets, additional markets, assumes there is enough gold to go around, and all the usual arguments as to why the gold standard is just a libertarian dream, nothing more.
And what is BitCoin if it is not another attempt at a gold standard? The giveaway is in the language when they are talked about as things that can be "mined", things that are naturally scarce, things that are difficult to move around! (Assume your customer has a computer + ISP, and assume that the peer-to-peer technology won't slow right down overtime...) But here's the hard truth: we need fiat money, otherwise we become defenseless against the problems that come from capitalism since there's no way to recirculate the money where it's really needed. Sure it means that you can take value from others just by printing the stuff, but it does mean a democracy has options to try to mend it's economic troubles in a more practical way (e.g. sub-prime mortgage crashes) without being severely lagged by the harder limitations of gold.
If this is an incorrect interpretation I'd like to hear why.
My views on this have evolved a bit: I don't think the solution to piracy is to offer more legitimate service on demand. For one thing it's a bit utopian to expect such services to always be ready at the whim for consumers (servers crash, need upgrading, traffic peaks etc), and if you have an audience that must have their demands met instantaneously, with no degree of patience whatsoever, it only takes the slightest thing to throw their patience off and go for a pirated option.
The issue of "solving piracy" in a copyright legal system is too shallow a debate for me. I want the more radical option of acknowledging that copyright is a stupid idea to begin with, and get rid of it altogether.
I have a couple of metaphors to best compare copyright with to show it's unenforcability. The first one is that of a currency. Copyright is for all intents and purposes a currency (not backed by any standard like gold) because you are making copies of something of artificial value and forbidding anyone else from making a copy without your permission, with the intent of giving value to something originally not of material value through social conditioning.
The trouble is that we all know why a system of currency where "anything with a dollar sign on it counts as a dollar and only we, the US state, may make copies of that dollar" would not work as a system of money, while "anything with hard-to-copy special paper with special printed markings and authentication strips that can only be uniquely created by us the US state may be made with our permission, whilst anyone else attempting it will be caught rather easily, counts as a dollar" would work, as it evidently does. Try protecting your dollar forgeries through copyright legislation instead of fraudulent currency legislation, and change your definition of dollar to "a copyright of the dollar symbol" to see how far under that would get you the country.
Monopoly money is used as a tool of ridicule against a politician's financial policies for precisely this reason: everybody knows that it would be horrendous to circulate Monopoly money as your attempt at a state currency. Yet, because Monopoly money is copyrighted, in theory this should work and should be enforceable as a tradable commodity. But we all know how easily we could cheat such a system. Not even Ron Paul would use such a system of evading state-controlled-and-inflated money.
The second metaphor to describe copyright's uselessness is this: memes. Richard Dawkins coined the word to describe a cultural unit that replicates similar to genes on a Darwinian level, to show that Darwinian evolution happens in other areas. It is more than a metaphor, because all language, ideology, tradecraft and tradition can be described as things that have passed on down the generations.
Memes spread from person to person through copying. Let me reiterate: copying. What the copyright advocates claim is rather extraordinary. They believe not only that can control this replication process, but that they can forbid everyone else from doing so if they choose. So that Darwinian evolution only applies in this little bubble they've set themselves. As if they can predict the course of cultural evolution their art will take and know what steps will be needed to put a stop to it. As we all know, copyrighted material can manifest as viral form and not just digitally, and in doing so they take the form of memes. The Bible is one of the oldest memes/collection of memes in the world, but the Catholic Church could not stop the Reformation, which need I remind you all was pushed forward by unauthorised copying of the holy book that church wanted to forbid at all costs.
I don't really need the internet to show why the attempt to restrict and/or control memes will not go the way you intend. You cannot stop folk passing on art to next-door neighbours/friends who haven't paid for it for example. You can't stop the art's mutation into something else (stupidly called "recoding" in some copyright circles that want a put a stop to it, for unrelated reasons of artist "identity" as property), because nobody can claim to stop a genetic mutation let alone a memetic one.
I once heard someone say on forums/boards like this the following: "Intellectual property is all in the mind" and I thought it was very good at honing in on what I'm meaning here.
If you get past this mentality and see it for the doomed, incompetent policy that it is, you can look to the paywalls that work and guarantee the artist real property powers to set whatever price he/she wants for work. The assurance contract economies are the greatest functional alternatives precisely because it sees the value in the work done to do the art, not the intangible end-product which is de facto worth Monopoly money. "I will only do this work if I receive $100,000 in payment" interferes with no freedoms and does not have this contradiction of labour/property that copyright seems to have. Freedom of creativity and ability to protect property (strictly should be called worker's rights) are all protected with this simple request, where the $100,000 must be met by the other end of the market who have an interest in seeing the art: the audience.
Which is why Kickstarter and Patreon are the real revolutionaries here, not Netflix, Spotify or iTunes. The latter have to push their costs to zero as much as they can to satisfy a crowd with no responsibilities to pay the artist under copyright. But with crowdfunding - specifically assurance contract economies - where the art is forbidden from being released at all until the artist is paid up, it makes piracy truly impossible and therefore it becomes the only way to really make piracy stop. This way the audience must pay in order to get any art at all, and at the whim set by the artist. And you have a functioning free market where the artist can set the prices, make the profits, and not deliver the art if the audience isn't meeting their dues. Trading your physical work done for the collective payment of the audience functions as a market. Just look to tickets, subscriptions, pre-orders etc to see assurance contracts in action.
That to me is a far greater method of making creativity work that has some real force behind it. Not this silly game where you're chasing everybody around the world for Monopoly money forgeries.
Some comments on here right now remind me of the sort of people who throw lawsuit papers at cosplayers as they walk into anime conventions because they think they're justified in fighting a system where convention holders profit without artists' permission for have characters cosplayed.
Yeah, that does happen, but so what? The world doesn't revolve around artists. I know that's a little hard for morons to grasp. Especially when they're trying to sue innocent fans for thought-crime.
Gonna go after deviantArt next? Is there no low to which you will not sink?
"Over the last three years, Prime Video has become an important part of Prime," Amazon said in the e-mail. "It’s important that the streaming media players we sell interact well with Prime Video in order to avoid customer confusion."
Re: But you're okay with Facebook's arbitrary insane pages of unfounded legalese that says it can grab any and all content it hosts?
It would help if Facebook did not have a copyright to take from the users to begin with. It is because of the copyright philosophy that you support that Facebook are able to have power over others like this.
So you can certainly bet that I am anti-copyright.