[Quote:]
We emphasize and affirm the tendency that it is getting harder to distinguish between local transfers of data and “file sharing? between different systems, for example in wireless environments. Digital technology is built on copying bits, and internet is built on file-sharing.
Copying is always already there. The only thing copyright can do is to impose a moral differentiation between so-called normal workings and immoral.
For the copyright industry, it is of extreme importance to keep people uninformed of the real workings of networked computers. They want to make an artificial distinction between “downloading” and “streaming”, as equivalents to record distribution and radio broadcasting.
But – and we should keep insisting that – the only difference between “streaming” and “downloading” lies in the software configuration on the receiving end. However, copyright law will never be able to acknowledge that. It has to rely on fictions, on a kind of cognitive mapping, where notions valid for traditional one-way mass media are forcefully applied to the internet. We call it Mental Rights Management (and it is the very precondition for DRM).
It is essential for the copyright industry to keep the majority of computer users trapped in the belief that the ?window? of their web browser is exactly a window, through which they can look at information located elsewhere, under someone else’s control. Then our job is to clarify that everything you see on your screen or hear through your speakers, is already under your control.
Zeros and ones have no taste, smell or color – be they parts of pirated material or not. Therefore it is impossible to construct a computer that cannot reproduce and manipulate these zeros and ones – as such a machine would no longer be a computer, but something as grotesque as a digital simulation of the machines of the last century.[..]
The copyright industry today likes to present the problem as if internet were just a way for so-called “consumers? to get so-called ?content?, and that we now just got to have ?a reasonable distribution? of money between ISP:s and content industry. But we must never fall in that trap, and we can avoid it by refusing to talk about “content? altogether. Instead, we talk about internet as communication.
Therefore, it is totally wrong to regard our role as to represent “consumer interests?. On the contrary, it’s all about escaping the forceful division of humanity into the two groups ?producers? and ?consumers? that copyrights produces in different ways.
An obvious example is the movie industry’s bizarre lobbying to “plug the analog hole?, by introducing a law banning video equipment able to rip analog media. The law proposal put forward by the MPAA mentions that so-called professional producers of course should have a license to use these video cards anyway. The effect would of course be an extreme consolidation of the split between producers and users.
But so-called “alternative compensation systems”, that some voices put forward as a progressive alternative to DRM and mass-criminalization, they are no less reproducing this split. The idea is usually to impose a special fee on every internet connection, so that a bureaucracy could channel the money to publishers and other rights holders.
This way we can save both the copyright system and file sharing, says amongst others Lawrence Lessig, the EFF, and the Swedish Green party. However, none of them likes to specify exactly how it should be decided which creators that should get money. If book authors should get compensation when their books are digitally transmitted, why should not bloggers get a part of this compensation as well? So, for the very notion of “compensation” to work, there must be someone filtering out the “worthy” forms of artistic creation from “unworthy”. (Or the system could give every internet user money for every line they are writing in a chat, but that would maybe better be called an universal basic income.)
This dilemma also illustrates the schizophrenic nature of industry. Companies like Microsoft and Sony on one hand tries to use DRM to block out independent cultural production. But on the other, they are already totally dependent of what they call “user-generated content?.
Clever entrepreneurs of course do understand that internet business is not about selling information. It is about selling the possibility to interact. Overcoming the split between producers and consumers is not some utopia of a world to come, but a necessity to let communication media be communication media instead of simulating one-way media.
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I haven’t read the entire source post, but the part you cite here seems to be full of all sorts of nonsense.
The quote link doesn’t work, FYI. The internet is “built on file sharing”? What? I thought the internet was built on decentralization. No one talked about file sharing until Napster. FTP hardly qualifies.
The distinction only between “downloading” and “streaming” is not at the client–streaming serverse have to understand buffering and QoS. Note that streamed content is commonly lower quality than downloaded content, exactly because of the delivery latency. The most important difference may be at the client: whether or not the bits are stored and can be watched repeatedly. Is that “artificial”? And if so, why is it implied that the “artificially” created difference is evil?
Skipping to the other end, I’d like to see some support for the statement “Companies like Microsoft and Sony on one hand tries to use DRM to block out independent cultural production.” Is this based on some instance where MS wanted people to pay for an encoder or something? Because it doesn’t match anything else I know about Microsoft. MS is smart enough to know that it benefits from _any_ content production. The more the better for them–they get to sell more PCs, fancier versions of Windows, more authoring tools, you name it.
There are important and interesting points to make about copy protection and DRM. They’re not made in this quote, and if there are thought provoking statements here, they’re overwhelmed by the nonsense.
The distinction only between “downloading? and “streaming? is not at the client–streaming serverse have to understand buffering and QoS.
True. But look at it from the client perspective. The only difference is that in the case of streaming, the server has made a promise to make a best effort to get the bits in fast enough to support immediate playback. No more, no less. Anything beyond that promise, and that includes the actual playback, is up to the client. And as for microsoft, they’ll do whatever they think will get them the most money. Thay may involve ‘siding’ with the consumer, that may involve ‘siding’ with the producer. Right now, it appears thay lean mostly with the producer, with their DRM efforts. It may change.
There are two clearly separate levels to the downloading/streaming disinction: the technical level (what goes on under the covers) and the end-user level (what can you functionally do with the bits). There are differences on both levels, and the technical differences are not artificial, but you can argue that once you’ve streamed bits, you’ve inherently also downloaded them, and at that point the end-user difference becomes artificial.
But so what? Just because you have the tools to do something does not make it right to do anything you can. See restrictions on shooting guns, driving cars, you name it.
But so what? Just because you have the tools to do something does not make it right to do anything you can. See restrictions on shooting guns, driving cars, you name it.
To turn that around: Just because you have the tools to do something does not make it wrong to do anything you can. See fridges, vacuum cleaners, etc. As far as I’m concerned, if a law wants to stop something from happening, it has to make a good case to do so.
I guess I don’t see why consumer desires should necessarily trump the producer’s right to choose a business model. It’s not like they’re harming consumers if they put nasty DRM on their product. Let the consumers show some backbone and refuse to buy those products. But I don’t see why they should be allowed to acquire the product through some other means, just because they can.
Any business can try any business model they like, including with DRM, for all I care. It’s when they try to legislate their business model as the only legal one that I get pissed off.
They’re trying to make it illegal to sell music without DRM?
They’re trying to make it illegal to do anything at all with music except for what they want you to do. DRM is just one of the many facets. Try to get a waiter to sing Happy Birthday for you next time you’re in a restaurant…
Well, you know, if they don’t pursue all the revenues they can make any claim on, their shareholders will sue for negligence.
In the mean time, is there any evidence that they’re trying to legislate what _other_ copyright holders must do with their music, i.e. make it illegal to sell music without DRM?
is there any evidence that they’re trying to legislate what _other_ copyright holders must do with their music
Unfortunately, yes there is. Ask any band who wants to play their own music in a bar or restaurant – the owner of the bar still has to pay for the rights but cannot do so directly to the rights owners.
Hmmm? Are you talking about a band with a recording contract? And what law/what country?
example
the owner of the bar still has to pay for the rights but cannot do so directly to the rights owners.
The owner of the bar is paying for rights to ASCAP licensed music. An icky business, but not one that I think has any substantive effect on a non-ASCAP licensed band.
Apart from the fact that a non-ascap licensed band gets none of the money a bar owner has to pay? I’d call that very substantive.
None of the the $200-$700 per year? If the bar has music 3 nights a week, that’s about $4. The band isn’t missing out on much. The ASCAP licensing is highway robbery, but the amount cited in that article means it’s pretty much a small tax on venue owners.
So you’re fine with a tax to maintain a failing business model as long as it’s low enough? How about a 2 cent tax on each gallon to maintain the buggy whip industry?
No. It’s clear from my wording whether I’m fine with it or not. (Check the bit that says “highway robbery”). But it’s immaterial because that’s not what we were arguing about.