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In Reply to: Yep.... posted by Sordidman on March 26, 2007 at 11:08:03:
We agree far more than we disagree. I just think that the DMCA has severe problems that need to be addressed, and a constructive debate furthers that goal. Illegal file-sharing, any benefits aside, does not, and far more than any other factor. However, it is valid to also take into consideration how the industry has mismanaged digital distribution. Once we get to the point of bringing in various other industry foibles...it opens the discussion wider than it should be, and the natural consequence is that someone is going to feel as though rationalizations for theft are being employed...vicious circle.I have to say that I would not be shocked if copyright law loses much of its clout in the near future. I mean, it's hard to imagine illegal file-sharing becoming legal, but at one time taping off the radio was illegal, too. Lots of things that were once illegal are now legal, and we take that for granted. Most comparisons don't make sense, but society changes, and the law tends to change with it. I've seen it suggested that not only is the album, or the CD, 'dead,' so to speak, but that more and more people are getting used to the idea that the only way to make money in the music business is through...ringtones. And live performance/merchandising, and to a lesser extent paid downloads. The 'the old model is dead' line of reasoning. I have no crystal ball, so all I can offer is that the nature of the business will have changed more between 2000 and 2010 than it probably did in the previous 50. But that's true for many aspects of contemporary life, as technological gains have exploded to an extent I don't think anyone thought possible.
Unfortunately, for the sake of this discussion, we are stuck in a time where a one-two punch has dealt the industry a serious blow: one, parents are not instilling in their offspring the sense of right and wrong, in the sense that Mark refers to. Two, getting across to an entire generation of youngsters, a lesson that they did not learn from their parents, the issue of illegal file-sharing, why it was wrong, and why it was something that did great damage to an industry, did not happen. Because it was handled clumsily, because they did not care, because people started spending money on cheap DVDs & stopped spending money on expensive CDs, because it was another miracle brought to us by technology. From my point of view, Lars Ulrich's testimony & a few commercials wasn't the way to go, not when cooler heads might've found a way to negotiate with Napster, might've chosen not to sue the Rio.
Were you aware of the legal discussion I linked to on that message board? Did you read it? I'm curious to know what you think of that. A few years ago, I think it was the same guy, there was a great discussion on that board, now probably gone, where he said that he was itching to be sued by the RIAA. Because he used file-sharing networks on a daily basis to share software, legally, as well as files that he created that were specifically named after hit songs. But, they were not actually song files, can't remember if he said they were in MP3 format or not, but the point was that they were not infringing on anyone's copyright. However, it was said at the time that the process the RIAA was using to identify infringing files did not include the people involved actually playing the files to see if they were indeed, actually, infringing song files. He admitted to creating files in the hope they would become ensnared in the RIAA's net, because it could potentially expose the RIAA's methods as being so weak, that they would likely sue an alleged uploader without checking to see what it was that was actually being uploaded & downloaded. This was only half-serious, and of course that's a real troublemaker mentality, but he was quite serious in considering it important to hold the RIAA to standards when it came to how they were identifying infringers.
Like I said, if only they'd canceled the budgets on a few stupid recs, they could've enticed hackers to devise a way where they could definitively identify infringers properly. But then, if only they'd negotiated with Napster, if only they hadn't sued the Rio...and if only millions of people didn't choose to create, and take, something that does not belong to them.
That last sentence always meant theft, pretty much, until the advent of file-sharing. And so technology has so outpaced the law that the idea of the law being able to address this properly is a sad joke.
And that sucks. It needs to be dealt with. Soon.
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Follow Ups
- Re: Yep.... - J 15:06:42 03/26/07 (0)
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