Mike Masnick loves to cheer when artists make less money.
You know the real irony in all of this? Because of ASCAP's collusion with the major publishers, artists ended up getting a lower rate than they would have otherwise.
Before the majors started whining, Pandora had already made a "handshake deal" with ASCAP, which was for a higher rate than the one that they eventually got. Because of their collusion with the labels who were (illegally) making direct deals, Pandora had to go to rate court, which issued the current rate.
Also, I notice that you ignore the fact that terrestrial radio stations pay less than Pandora - for the same service: non-interactive streaming over the Internet. (That's why Pandora is buying a radio station, a move that has just gotten approved: they want the same RMLC rates that ASCAP gives to terrestrial radio.)
So, if you want to know who to blame for the lower rates - it's ASCAP and the major publishers.
Of course, ASCAP, the publishers and the labels have been lobbying quite hard to get the DOJ and/or Congress to throw out the consent decree altogether, so that they can go back to colluding in this matter to try to jack up rates. Expect those efforts to expand even more given this ruling.
It only implies something is not there if you begin with the definition that "property" refers only to tangible, rivalrous things.
The key word here is not "intangible," it is rivalrous. You know how everyone can tell? Because "tangible" was not even mentioned in the article, and was entirely a creation of your own. Way to argue against straw men.
"Property," in the broader sense--the sense that those who consider IP to be P use it--simply refers to the bundle of intangible rights one has in a given thing.
No. "Property" refers only to the thing. "Property rights" refers to the bundle of intangible rights that one has in that given thing. That's kind of the point.
The company owns the IP. It has intangible rights in the underlying intangible things.
No. It has intangible rights in the underlying tangible things. This is black-letter law: a work must be fixed before it has any copyright protections.
He has not stolen the physical copies, which are not IP, but he has stolen the IP.
No, he absolutely has not. In order to "steal" the IP, he would have to posess the exclusive rights that are granted to copyright holders in 17 USC 106. This is not debatable: The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud. In order to "steal" someone's IP, you must "assume physical control over the copyright" or "wholly deprive its owner of its use."
For example, a company that takes open-source software and locks it up under their own copyright absolutely is "stealing" the IP. A publisher who forces an author to assign their IP in order to get published could be said to be "stealing" the IP (though you have to examine how much of a choice the author has). But a pirate who downloads something from The Pirate Bay absolutely is not stealing anyone's IP.
The idea that trying to make broken internet technologies should be "front and center" of technology companies' thinking bespeaks a complete contempt for their users.
It bespeaks a complete contempt for more than that. In fact, it goes against the very idea of free speech and an open society.
Imagine, for example, if he had claimed that stopping "terrorists" from exploiting the news should be "front and center" of the New York Times editorial staff. I think even he would see that this would lead to blatant censorship.
What Indiana's law did, in its original form, was offer business entities the same right to expose their opinions in the same way.
As much as I agree with the spirit of this article, this statement is way off the mark.
What Indiana's law allowed was not simply "exposing their opinions."
It was the legal right to discriminate against others based on those opinions. This is fundamentally different than reacting to a Yelp! review (or whatever).
It would be a completely different story if Indiana businesses were, for example, prevented from posting their disapproval of same-sex marriages. It would be very different if they were simply allowed to fire people for posting their opinions of same-sex marriage that was different from the company's opinion (though I would definitely not approve of that, either). It is also very different from the (already-controversial) wedding photographer incident from a few years back. That case was about allowing the religious freedom of bigots to choose their clients. This will open the door for much worse forms of bigotry.
I actually grew up in Indiana. I am ashamed of this whole thing. I hope that people realize that lots and lots of folks in Indiana do not agree with this.
The Anarchist Cookbook is hilariously bad at nearly everything it explains.
A long time ago, when the controversy about the book was still new, someone published an article detailing many of the things that were wrong in it.
The author of that article actually thought that the book was so bad, it might have been written by an "agent provocateur" so that potential bomb-makers would blow themselves up. (Obviously, the author was no stranger to conspiracy theories.)
it has been found guilty of its employees driving around neighborhoods breaking into computer systems remotely and stealing data, passwords etc..??
If you're referring to the whole Street View thing from 2010, that never happened. Google did not break into computer systems remotely (everything was broadcast to the public), and did not steal data, passwords, etc. (they only collected a minuscule amount of data from each public WiFi router).
Here's what happened:
Nine days ago [May 5, 2010] the data protection authority (DPA) in Hamburg, Germany asked to audit the WiFi data that our Street View cars collect for use in location-based products like Google Maps for mobile, which enables people to find local restaurants or get directions. His request prompted us to re-examine everything we have been collecting, and during our review we discovered that a statement made in a blog post on April 27 was incorrect.
In that blog post, and in a technical note sent to data protection authorities the same day, we said that while Google did collect publicly broadcast SSID information (the WiFi network name) and MAC addresses (the unique number given to a device like a WiFi router) using Street View cars, we did not collect payload data (information sent over the network). But it’s now clear that we have been mistakenly collecting samples of payload data from open (i.e. non-password-protected) WiFi networks, even though we never used that data in any Google products.
However, we will typically have collected only fragments of payload data because: our cars are on the move; someone would need to be using the network as a car passed by; and our in-car WiFi equipment automatically changes channels roughly five times a second. In addition, we did not collect information traveling over secure, password-protected WiFi networks.
So how did this happen? Quite simply, it was a mistake. In 2006 an engineer working on an experimental WiFi project wrote a piece of code that sampled all categories of publicly broadcast WiFi data. A year later, when our mobile team started a project to collect basic WiFi network data like SSID information and MAC addresses using Google’s Street View cars, they included that code in their software - although the project leaders did not want, and had no intention of using, payload data.
This is not even remotely as unethical as bribing a U.S. Attorney General to go after a corporation, primarily because you're against an open Internet. It's not even remotely as unethical or illegal as that same Attorney General trampling all over the First Amendment and due process to do so.
I know you want to paint your masters as the good guys, and Google as mustache-twirling evil villains, but it just ain't so.
A "spin" on Pandora is not comparable to anything on radio.
You're absolutely correct about this. However, the rates that LAB (and the Broadcast Law Blog) are quoting are all rates for Internet streams. They are paid to the artists and copyright holders, not songwriters; they are the royalties that terrestrial radio stations don't pay at all.
This makes LAB's argument even less persuasive, since the amount paid to these people by "other forms of radio" is zero.
Some other details that LAB (intentionally?) left out:
Broadcasters who are streaming their programming on the Internet pay lower per performance royalties than webcasters paying the statutory rate in the first years of the 5 year period, but higher rates at the end of the period. (See a summary of the Broadcaster royalty agreement here). "Pureplay" webcasters, like Pandora, pay significantly lower per performance royalties than either broadcasters or those paying under the statutory rate, but are required to pay a minimum fee of 25% of the gross revenue of their entire business – ruling out these lower rates as an option for any service that has lines of business other than webcasting.
Emphasis in original.
Note the detail about the minimum 25% rate. This is about five times higher than terrestrial radio stations pay to songwriters.
Also make sure you read another article that LAB posted in another comment:
For example, AM/FM paid him $1,373.78 for 18,797 spins. That’s 7.3 cents per spin. If only 10,000 listeners heard each spin, terrestrial radio is in fact paying just half the songwriter fee Pandora paid him per listener. And of course it’s likely to have been far more than 10,000 – even the intentionally miniscule South Dakota radio station Pandora just bought manages to average 18,000 listeners.
I know I'm late to the party, but I was doing some research about this, and I wanted to point this out.
the NY Times revealed that a Hollywood front group, the Digital Consumer's Alliance, which is funded by the movie studios, hired Moore as a lobbyist.
It's actually the Digital Citizens Alliance, not the Digital Consumer's Alliance. They are the same folks who released the ridiculously biased "studies," "Good Money Gone Bad" and "Behind The Cyberlocker Door."
The MPAA paid state AGs to investigate Google. If that is legal, isn't the exact opposite, Google paying state AGs to not be investigated, also legal?
While I'm sure that was (as least partially) sarcastic, this is oftentimes how politics works at the national level.
That's part of why the copyright hearings are all about "Silicon Valley vs. Big Media" (and neither the public, nor actual artists, are involved at all). Both have skin in the game, and both are heavily funded.
So, the Senate announces some possible legal changes, and hold committee meetings and hearings. The "big money" guys are invited. Both sides dump lots of lobbying money into whichever Senators are part of the committee, and whichever side pays the most, is the one whose talking points are repeated verbatim by the Senator in the meetings.
In the end, little if anything is done, and nothing changes. Nothing, that is, except the Senators' pocketbooks.