[clug] Re: A most interesting read, most interesting
Michael Cohen
michael.cohen at netspeed.com.au
Fri Dec 29 14:19:07 GMT 2006
# warning: long 1am runt.
Peter,
Your views on this are also shared by Eben Moglen if I recall correctly, who
has given a talk in canberra some years ago.
From a social point of view, the law needs to balance the needs of the
creator to make money from their work with the needs of society to further
develop their work. This balance is particularly imporatant in the fields of
inventions and patents, because a patent effectively stops people from
further developing inventions which are similar in concept but slightly
different. Patents are therefore designed to be limited in time in order to
allow others to continue with the development of the ideas. Imagine for
example a patent on a new kind of internal combustion engine - sure its
important that the inventor get a monopoly on the product so they can make
moeny off it, but its also important that people be allowed to further refine
the engine and install it in newer cars so that market competition can bring
the engines cost down.
There is a tendency in many industries to acquire patents as a way to either
attract investors or just to control competitors in the market place - this
is a misuse of the idea of patents because the patent holder does not intend
to produce anything from it- just to stifle legitimate development in the
field. This is why patents are designed to be expensive and last a relatively
short time (7 years? or is it 10 years?). This is to allow competitors to
mass produce the thing if nothing has been done sooner.
Now software patents dont work because the software development life cycle is
so short (a 10 yo software is not commonly relevant). So in the software
worlds patents are used to stop development and maintain market control
rather than to make money off it. (but thats a whole other story).
Copyright is a little different because it deals with creative work. And its
the actual copying of the specific work that is prohibited not the
development of similar work which is derived from it. (Imagine a patent was
taken out on the movie Ants, then no other movie could be make about ants for
10 years. But copyright in the movie just relates to the specific movie, and
other authors are allowed to make other movies about ants, even very similar
in storyline/ideas).
So the balance in the copyright case is typically set far to the favour of
the author - the author maintains copyright in the work for 50 years after
their death. After that, society gets it - presumably because the author cant
benefit from it, and we need to have works passed into our culture (imagine
having to pay copyright royalties for shakespear??). Disney has changed these
laws because they dont want mickey mouse to become public domain, which shows
how the balance is shifting even further towards the author.
So there is no question in copyright about who has the right to copy the work
and therefore sell and profit from it. The problem becomes what happens
_after_ the work has been sold. Traditionaly, copyright law deals with the
right to create copies of the work for the purpose of selling. But once you
buy the work (and hence pay the author) how you use it is up to you. You may
choose to throw it in the bin, burn it at the stake or watch it 20 times a
day, the author has no say about it. So long as you dont produce copies of
the work (and here the idea is that you dont take profits away from the
author), copyright law has nothing to do with it.
So under the normal copyright law - if you want to watch it under linux, you
can, as long as you dont make a copy of the work or broadcast it publically
etc (because that impacts on the authors earning ability). If you want to
sell, you can, if you want to lend it to your friend you can - and the author
has no power to stop you. You effectively own your copy in that you can do
what you like with your copy.
Traditional copyright law also has some fair use exceptions. For example, you
may lend the work in a library, study it, review it etc. DRM effectively
kills those exemptions.
DRM changes the rules by imposing conditions on you after the sale. This goes
outside the realm of copyright law (because its not about copies).
This is the big problem with DRM and is simply one aspect of a shift in the
balance of copyright law. As other people pointed in this thread its not the
end of the world, and there are other larger issues to worry about. This
trend simply upsets the delicate balance and shifts many rights to the
authors. Unfortunately, although it may seem fair to the authors, it will
actually negatively impact the technological development of the music and
film industries.
DRM stops innovation because it allows content producers to monopolise the
market by forcing hardware manufacturers to be controlled by content producer
cartels. Hardware manufacturers can only produce hardware which is approved
by the traditionally minded content producers, which tradtionally are scared
of any technological advancement. For example PVRs would never be allowed to
be produced if it were up to the content producers. By using DRM they can
stop these kind of innovations. New content producers will find it hard to
enter the market because they can not produce their content in a DRM
compliant manner - which makes the monopolies even larger etc.
In the end, slow changing monopolising cartels always destroy innovation in
their industry because new vibrant players are not allowed in. We are seeing
this already, as some people pointed out - the quality of music and movies
has been very low for some years now, with the same old crap coming out of
hollywood, and the music industry not doing any better.
Whats funneir is that DRM will hurt artists very badly in their heap pocket.
For example, I recall some years ago an artist called Nora Jones was
extremely popular in the states. Her CD was released as a standard CD in the
states and she went to number 1 for many weeks there. In Australia, however,
it was impossible to buy her CD, because the local market was released a low
quality optical disc (Those are the "copy protected" cd looking things you
sometimes see - its not a CD because it has far lower quality and does not
comply with the cdrom specifications owned by phillips so it doesnt get the
cd logo). I think she got lots of air time but was never as successful in
australia as in the US. Most people would not buy it due to the format. I
for one want to listen to music on my ipod/mp3 player, car mp3 jukebox etc.
So I _need_ to be able to rip it into mp3 or similar. A copy protected CD is
absolutely no use to me no matter who the author is. Not that I admit being
inclined to that sort of music (I find her really boring), but that decision
has cost the artist. In recent times I noticed that its pretty rare to see
"copy protected" optical discs for that very reason - its just not worth it
for the losses in revenue for the artist.
Personally, If I cant watch high quality HD DVDs on my linux box - i wont be
buying any. Mostly because its impractical for me to install windows for the
sole purpose of watching HD DVDs. I havent seen anything coming out of
hollywood in recent years, that would make me care too much about not owning
it anyway
Similarly, for most people, if they need to spend too much on new hardware to
be able to watch HD DVDs, they wont. This means that the HD DVD format will
be still born - have a little faith in economic selection.
Michael.
On Fri, Dec 29, 2006 at 11:52:42PM +1100, Peter Anderson wrote:
> This is (generally) a most interesting debate. However, I find Sam
> Couter's views about the ownership of individual (and corporate)
> creativity to be quite unusual. Over my working life I have been a
> design engineer, a Patent Examiner (not for very long) and a software
> programmer (and a senior public servant, but we won't dwell on that). As
> a former engineer and programmer and as a current web site designer
> (admittedly for non-profit organisations) I would be very offended if
> somebody claimed that my hard work and innovation was for nothing and
> that the rest of the world has unfettered rights to that work and
> innovation. In the case of a corporation (public or private), it spends
> a great deal of its shareholders funds on developing
> ideas/products/etc.; surely the corporation has the ownership of these
> ideas and products.
>
> Now from my recollections as a Patent Examiner, its Sam's views that ARE
> NOT CORRECT. The 'contract' or 'right' entered into between the inventor
> of an idea and the State is for the State to provide a period of
> protection for that idea (invention) so that the developer/inventor can
> reap some reward for his efforts. In return the developer/inventor must
> make all details of his idea/invention public. The trade-off is that the
> developer/inventor gets a period of protection for the specific idea and
> society benefits from its publication by allowing development of 'like'
> ideas and inventions. This 'contract' between idea developer/inventor
> and the State is based on an initial premise that the developer/inventor
> actually owns the idea/invention, otherwise why is it necessary to form
> the 'contract' (or grant the protection right).
>
> One other small point, this debate is too interesting to allow it to
> degenerate into name-calling and nastiness. Sam, perhaps you might like
> to tone-down some of your criticisms just a little so the rest of us
> don't have to look at your views through your 'red mist'.
>
> Regards,
> Peter
> --
>
> Peter Anderson
>
> E: peter.anderson at internode.on.net
> W: http://www.users.on.net/~peter.anderson/
> <http://www.users.on.net/%7Epeter.anderson/>
> P: +61 (0)2 4472 2274
> M: +61 (0)418 249 648
>
> There is nothing more difficult to take in hand, more perilous to
> conduct, or more uncertain in its success, than to take the lead in the
> introduction of a new order of things Niccolo Machiavelli, /The
> Prince/, ch. 6
> --
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