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07.25.2007 (previous | next)
Prager and IP

Intellectual property counsel, Nancy Prager, has an insightful article on CNet-

Since the Napster 1.0 days, people who have chosen to transfer creative content unlawfully over the Internet have used a litany of excuses to justify their behavior. The most popular excuse seems to be that only large corporations suffer from the lost sales. Recently, file sharers have claimed that they are opinion makers and style influencers.

Contrary to popular belief, digital file sharing has a direct impact on independent artists as well as major label artists.

Now, not all instances of piracy constitute displaced sales, and thus lost revenue, yet intellectual property critics will prattle on that piracy has no negative effects. To the contrary, any "benefits" of piracy are so limited that piracy should never be encouraged or sanctioned. Widespread piracy does not lend to innovation, consumer welfare, online freedom nor free culture, its simply theft.

posted by Noel Le @ 6:15 AM | Free Culture Movement

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A perfect example of the effect of loaded terms. Of course "piracy" does not have significant benefits, but the availability of alternative channels of distribution (ie the Internet) outside the control of the RIAA is the lifeblood of many independent artists. Filtering, suppressing, and stigmatizing new channels of distribution inures to the benefit of the Big Six (er, four, and counting) record labels who control the traditional channels of distribution and a few Internet sites that operate with their blessing.

Posted by: John Gordon at July 27, 2007 12:59 PM

To John Gordon:

I don't think that's true at all. Defending against unauthorized uses is expensive - only the biggest of companies can afford the apparatus to do it. Allowing distributors and end users to freely override the creator's choice of licensing models means that the independent artist must accede to free distribution or have no distribution at all. But if the artist wants to pursue the rational business model of using the free internet to distribute promotional material and then licenses or subscriptions to get paid? - your approach is to make that impossible! Better to empower the artist with tools to transact as the artist sees fit - and therefore prevent "new channels of distribution" built on free-riding and overriding -- as a way to ensure the robust creation of the content that the new channels of distribution depend upon. You can't forget that the internet runs not just on technical innovation but on the constant creation of new works. And while some parasitic behavior can be tolerated- too much parasitic behavior kills not only the host but also the parasite!

Posted by: Michael Fricklas at July 29, 2007 6:16 PM

Since the origin of the DMCA, corporations who have chosen to control creative content unconstitutionally have used a litany of excuses to justify their behavior. The most popular excuse seems to be that only with legal regimes such as the DMCA can corporations not suffer from lost sales. Recently, corporations have claimed that they have intrinsic rights to vilate the fair use rights of citizens.

Contrary to popular belief, DMCA has a direct impact on independent artists as well as major label artists, by giving the large labels defacto control over the licensing models used.

Posted by: enigma_foundry at August 5, 2007 8:20 PM








 
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