Whoops. Wrong link, again. The Techdirt analysis of Abrams' argument is here:
http://www.techdirt.com/articles/20111111/16242216727/first-amendment-expert-floyd-abrams-admits-sopa-would-censor-protected-speech-thinks-its-okay-collateral-damage.shtml
Actually it was renown First Amendment scholar (and former Solicitor General) Floyd Abrams who Mike maintained "didn't know what he was talking about".
I looked at the Techdirt story about Abrams' SOPA analysis, and nowhere in there does he say that Abrams "didn't know what he was talking about."
On the other hand, he does point this out:
the MPAA is a client of Abrams, as are various other Hollywood trade groups. He didn't write the letter on his own behalf, but was paid by these groups to write the letter. As such, he's speaking as a paid advocate for them, not as an objective independent observer.
I remember when Average Joe attacked Prof. Tribe because he [Tribe] thought SOPA/PROTECT IP violated the First Amendment. What happened to all those personal attacks, Joey? I thought this guy was an idiot since he couldn't match up to your super-awesome understanding of the First Amendment. LOL! ROFLMAO! Classic. Joey thought he understood the doctrine better than Prof. Tribe. That was awesome!
So why do you support such an outcome?
Well, that's AJ for you. It doesn't matter if copyright enforcement actually harms copyright holders, so long as their "rights" aren't "violated."
But then the very article he cites says:
You omitted the two paragraphs following that quote:
Yet the French music business remains deeply troubled. SNEP, a French recording company group, said Friday that industry revenue fell by 6.7 percent in the first quarter of the year. More alarmingly, revenue from digital outlets fell by 5.2 percent ? the first quarterly decline ? though the organization said several special factors played a role in this.
Meanwhile, SNEP said the number of visits to illegal music sites by French Internet users had risen by 7 percent between January 2010 and January 2013, to 10.7 million.
I read this story about five minutes after I saw Julian Assange's statement on the trial. It's definitely worth a read:
http://wikileaks.org/Assange-Statement-on-the-First-Day.html
...I've made a huge mistake.
There was an awesome callback to this at the end of the Maeby episode ("Senoritis").
How was it a stupid analogy?
Perhaps because laws that grant monopolies to special interest groups are nothing like laws that protect the physical well-being of the general public.
Mike was complaining about innovation having to take place within any sort of limitations.
No, he was complaining about "removing efficiency from the system to protect an inefficient, legacy way of doing business." But I guess you can't see the difference.
Mike, OF COURSE, ran away
Well, except for a lengthy and detailed reply to the points you made. Which you completely mischaracterized, then moved the goalposts, as per usual.
Looks like Google is now making money off terrorism:
No, they're not.
Hate speech isn't "terrorism," it's speech. It's bad speech, speech you don't (and shouldn't) like, but speech nonetheless.
And the only thing Google is doing is the same thing it does to all videos on YouTube, regardless of content.
There's an interesting comment on that story:
The ads are automatically added to youtube videos, when you have a certain setting enabled... OR is your point that, you really think we ought to be incensed by the ads more than videos themselves? Why doesn't the Daily Mail campaign for Google & Facebook to remove this racist hatred...Millions would back it in heartbeat!!!
There is no need for a middleman period.
I actually disagree with this.
Certainly, any artist can release their own music and get recognized. But what then? They'll have a lot of things to do, and they won't have time to design and code their own websites, or administer their own mailing lists, or spend hours per day on promotion, or what have you.
The more successful you are, the more you do need "middlemen." For example, Amanda Palmer has at least a dozen full-time employees who do a lot of that work for her.
The big difference is that these "middlemen" are enablers, not gatekeepers. That is the entire problem with the recording industry: they do not see themselves as a service economy, with the artists as clients.
Instead, they view themselves as bosses, and the artists as employees. Their business strategy is to acquire and maintain a monopoly on all music channels, so that artists have no choice but to be their "employees" if they want access to those channels.
That is what is falling apart right now. And about time, too.
Ha ha, that's a perfect satire of the kind of idiots who...
Wait, you were serious?
I actually brought these numbers up in an earlier comment, but Mike wrote me to say he's doing a story on it, so I didn't say anything about it since then.
Now that the story's out...
Everyone who reads this site really should dig into the numbers. I actually spent a fair amount of time doing this, and the numbers are even more interesting than Mike makes them out to be.
For example: Between 1999 and 2002, there was actually an increase in the number of working musicians - from 46,440 to 53,940 (an increase of 7,500 jobs). Interestingly enough, these are the years that Napster was active; employment didn't start declining until after Napster was shut down.
Employment levels would not dip below the 1999 levels until 2010.
It's also interesting to look at they type of people employed by the "Sound Recording Industries." They did employ quite a bit of artists - but they were the type of artists who were graphic designers or illustrators (i.e. people designing advertising).
The sound recording industries have always employed more "suits" (management, business/financial employees, office administrators, etc) than artists. In many years, the number of musicians employed by the sound recording industries was so low, they didn't even report them.
Another interesting trend: it's no secret that the sound recording industries are in a bad way. There was an especially bad decrease in employment between 2008 and 2009. But since that decrease, the number of artists (and most everyone else) has declined, but the number of managers and businessmen has actually increased. Not everyone is equally affected, it seems.
Note: if you do decide to look at the numbers, you have to account for some wackiness at the BLS. "Musicians and Singers" wasn't even an occupational category until 1999.
Also, prior to 2003, the BLS used the SIC Division Structure, which lumped in the music industry into the "Services, not elsewhere classified" category. They switched to the current NAICS system for 2003, so that's as far back as you can go to get data for the sound recording industry specifically.
Just FYI. Or perhaps TMI.
Wouldn't the millions and millions of legitimate notices then, by that same logic, mean that things are tilted in favor of the infringers?
No. That just means that many people use various services to infringe. That isn't going away, no matter how we structure the DMCA.
In a properly balanced system, the DMCA notices would only take down material if the notice wasn't bogus. A notice-notice-takedown system accomplishes that better than the one we have now.
The hydrogen factory, which is powered by gerbils on wheels, the sun, the moon, and breaking wind power.
"It's a go-cart, powered by my own sense of self-satisfaction."
By the way - in 2003, how many of those musicians and singers were employed by "Sound recording industries" (the BLS term for the recording industry)?
880, total, across the entire United States. In other words, at the absolute height of the good ol' days that Lowery loves to pine for, the "old boss" hired less 4% of all working musicians.
So, as long as the "new boss" allowed more than 880 musicians to make a living off of their works, Lowery is totally full of shit.
employment in music is down 45% over the past 10 years.
This is a lie, and it's obvious where you got that lie: a recent Trichordist story (which I won't even dignify with a link).
Here's the truth.
"Musicians and singers" employed as of May 2003: 50,600
Source: http://www.bls.gov/oes/2003/may/oes272042.htm
"Musicians and singers" employed as of May 2012: 42,100
Source: http://www.bls.gov/oes/current/oes272042.htm
Decline: 8,500 jobs - or, a 16.8% reduction from the 2003 levels.
Also, keep in mind that the number of musicians employed from 2001 - 2003 was the highest number of employed musicians in history, so it's a biased comparison. In fact, over 4,000 of the jobs that were around in 2003 were created since 1999 - the year Napster arrived on the scene. Employment would not dip below the 1999 levels until 2009, after the entire economy went into recession.
Don't believe anything you read on the Trichordist site: Lowery is an outright liar.
In fact, just yesterday I submitted a link to Lowery's bullshit story. Who knows if it will get written up.
in order to build up his own credibility for such wacky notions as "give away and pray" and "piracy promotes sales"
...neither of which has ever been endorsed by Techdirt.
You really never get sick of lying, do you?
By the way: the link around "the industry's real end goal with SOPA" is broken.
It's likely you left off an end quote, because the URL has "%20target=" appended to the end.
Late, I know... but:
I actually had a coach in high school whose name was Richard Wachs. He went by Dick.
Yes, that's right: "Dick Wax." You can imagine the reaction when he was paged over the school intercom.
the thousands of other links in the takedown notice that represent a willful infringer getting away with it
What "thousands of other links?" The only listing in the DMCA notice was to the Mega home page. There was not one single link to any content stored on the Mega site.
Re: Re: FIrst paragraph admits the real piracy to paying ratio:
so please, shut the fuck up with your common law bullshit.
Don't even bother asking. I've already refuted this point, to him directly:
http://www.techdirt.com/articles/20130412/16073622693/julie-samuels-favorite-techdirt-posts-week.shtml#c618
He's obviously not capable of listening to reason. He's just here to recite the same old lies, while believing he's proved something. In other words, he's only interested in making an ass out of himself.