Not making it available in the way the consumer wants could be viewed very similarly to restraint of trade. In business, if I want to buy a product, and I can't get it directly from the manufacturer, it's perfectly reasonable to find another source.
Very similarly, Red Box said to the movie studios something like "We don't care if you won't sell us movies at the same time you sell it to stores, because we'll just buy it from them (who wouldn't be willing to sell massive amounts of DVD's besides the movie studios?) and you can't stop us." Legally the studios don't have to sell the product to anyone they don't want to have it, but they cannot stop them from getting it somewhere else, that's restraint of trade.
This Game of Thrones discussion is very similar, the product is available in all different ways, but the manufacturer won't sell it to me in the way I want, so, I'll find it somewhere else, and it just so happens that its free! and in a more convenient format - just the way I like it! And if the manufacturer wants to stop that, it sounds like that should be considered restraint of trade.
This goes very well with what I just wrote about over at Step2. This guy should have his own website where he sells a few things like t-shirts or whatever it is a bumper sticker with a song lyric on it, where anyone of his fans can go and actually support him. We all know where to download the music for free (which he wants us to do) and some of us that do so would love to pay him, we just don't have any opportunity (as from the sound of the article, the songs he wants you to download aren't available for sale yet). If i went and downloaded the songs and liked them and wanted to support him, it sounds like my only option is to wait till Sony releases something and pay them, but I don't want Sony to profit because I don't think they deserve it - I want to pay the artist directly, but he can't sell me the songs because Sony owns them.
As a huge manga/anime fan I know first hand how horribly the industry has failed, while the fans have kept the industry thriving by doing for free what people would have paid for had the content providers gotten there first (or within a reasonable amount of time).
There are a few shows I've been watching, which are hit mega popular shows, such as Naruto Shippudden and Bleach, that have been ongoing for many years now, that have only recently within the last year provided translations in a timely manner.
Not only that, but even now that I have a legit source, I've grown to like the fansubs better, they provide better translations, and I don't have to stream the damn show (which gets rough for popular shows that are released only on the internet, server goes down as soon as the shows are available). I've also gotten very used to my favorite fan subs over the years and the content providers are gonna have to beat them in order to get me to pay them.
This makes me wonder whether all the problems with the pharma industry started with government regulation.... If it was my business, and the government basically killed my revenue stream in the name of public health I would be quite annoyed.
Whether you like it or not pharma companies and doctors etc are in business to make money. They aren't charities, but the nature of their business makes people think they should be charities - a doctor should be in it to make people healthy, not just to make money right? Wrong.
A doctor's number one concern should be to make money. The means by which he does that should be by making people more healthy.
And we need it to be that way, because nothing else is sustainable... Unfortunately, charities must be funded - usually by businesses.
I'd place a pretty big bet that the pharma companies have produced more to promote public health than charities and the government combined.
Its tough to walk the fine line that the pharma companies are on and we have to remember that when making policies. Its very easy to say hey its good for public health to give drugs away for free. Its hard to be the one who is "against public health" by actually having to make a living by keeping people living! How horrible those companies are - doing everything they can to stay in the business of making people healthier by demanding they be paid!
If you're really concerned about public health you'd be concerned with making sure the pharma companies can stay in business. Just because they're supposed to be keeping us healthy doesn't mean the economics work any differently.
The album living like a Refugee by the Sierra Leone Refugee Allstars says a lot to me about the ability of music to thrive in that environment without strict copyright.
Their ability to compete with Akon is obviously in no way helped by this, they're already touring in America, mostly because people were able to listen to their music in America and make them popular by downloading their albums.
The biggest hurdle in competing with Akon is becoming well known enough to compete with him, not in having the ability to sell songs but in the ability for so many artists to recognize and want to collaborate with talent.
I'm assuming you saw the first episode of the this season of south park a few weeks ago featuring the human cent-iPad. I was very happy as an avid reader of this site and a loyal fan of South Park that the entire plot of the episode was based on the fact that nobody reads itunes EULA.
Basically Steve Jobs wanted to make the most advanced piece of technology possible - an iPad/iPhone that can also read and walk. He sews 3 subjects together from mouth to anus a la The Human Centipede, and attaches an iPhone to the head of the first guy and an iPad on the ass of the last guy.
But still he is unable to get the device to read his EULA.
I guess they must have figured that if no one else is gonna do it, they better do it themselves. And if there's no outside competition, they create competition within the organization in order to increase innovation and redundancy.
I think its brilliant if that is the strategy.
Lets get rid of online gambling... And sell more land to the Native Americans, so they can open up more Casinos. Then instead of people gambling online from the safety of their own homes, they can drive, get incredibly drunk, and establish a single place for all the degenerate gamblers to hang out with each other!
Like doesn't everybody see that now that there is an iPad and such that all the man hours spent doing things the old, slow way, printing and delivering papers and books etc, are a complete waste and now contribute essentially nothing to society? These industries are becoming dead-weight and the quicker they're gone the better.
"In the end... I'm sorta left with the simple question: what kind of system do we have when there's now going to be legal fights over the "Charge!" jingle?"
The same system where nobody is actually allowed to sing "Happy Birthday" because it was bought by Warner even though the Wikipedia entry states the composition and melody were copied from an earlier song. Not only that but the combination of words and melody to make the Happy Birthday Song were printed and likely played in the early 1900's before anybody copyrighted it.