Executives grapple with Grokster ruling

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Surf and Turf

Hard to get the context of some of your responses without the
referring bits, but I'll do my best--if I'm way off base, let me
know.

---You have to offer something of better value when you
compete. Free infringing is not a market you should compete
with. That is law enforcement---

And in a naive, idealistic world, you're right. But in the real
world, you have to see what's happening out there and react to
it. If Microsoft is offering free Hotmail, then AOL has to offer
their customers more. If you can get free tap water, then Evian
has to do something better. It doesn't matter if it's legal or not,
people are doing it, and it will affect your business. And
remember, Steve Jobs is not the rights holder for any of the
songs on iTunes, it's not his place to pursue enforcement of the
laws. But his business must be able to deal with the
infringement that's already out there, otherwise it's a non-
starter.

---A lot of companies will switch over to DRM to get the ball
rolling. This will get them off the hook on intent. DRM will
increase in strength. Not be here tuesday morning next week
type thing. Most successful business use a gradual progression
migration path. Studios are aware of this. They know disruptions
are bad for business.---

Agreed, but that back compatibility is going to be a *****. No
one will buy a new player that won't play their old cds and dvds.
And not everyone buys a new player/computer every year, so
any product released must be playable on old machines.

---Anybody would be better off financially with protected
content. Those so called evil marketers you people deride
understand human nature all too well. Why do you think they
have the money. The honor system is what keeps open source
broke. We know you guys are bullsh*tting yourselves, but you
are entitled.---

Not everybody is better off with protected content. For some,
trying to break into the market, it's better to give everything
away free and build a loyal audience, then charge for the later
works. Giving away free book chapters is a great way to get
people interested enough in your work to buy it. I've bought cds
by several bands after downloading free songs from their
websites.

And please stop lumping me in with the open source crowd. I
use a Mac, about as proprietary a system as there is, and run
very little open source software.

---Try to unscramble a wmv or wma file without the key. You
cannot even play it to strip it to mp3 without the key. Those type
of files will get even more difficult in the future. It is happening.
Just open your eyes.---

But remember, you're going to have to give me that key to let
me play my purchased content. Once I have that key, it's all
over.

---I mentioned the speaker analog threat to someone else. 32
kbs distorted is not going to be in demand. You will pay for the
good stuff. The studios will pass on those as mulligans. Not as
good as the trailers.---

There are lots and lots of points in the pathway where one can
intercept the signal, and much better audio is available than
32kbs. Personally, a lot of the 128 mp3's sound like crap to me,
but the hordes of filesharers out there don't seem to mind.

---Then don't buy it. Do not know why a file has to play on all
the computers when it will play on all the readers for max
flexability. I am sure another key can be obtained to play on a
second machine. Remember you said you are willing to
compromise. Havent seen it yet.----

So you want me to pay twice for the same content, just so I can
play it on my home computer and on my laptop? That's going to
be real popular.

As far as compromise, I'm not the one whose business is going
down the drain. As far as I'm concerned the status quo is fine.
If the content companies are demanding that I make sacrifices to
save their business, I want to know what's in it for me. Why
should I give up all my rights, all the functionality I currently
have, and get nothing in return. You'll notice they don't sell
crippled/protected cds for lower prices than normal cds. Give
me that carrot, give me a reason to accept their DRM, other than
the boot stomping on my neck that you're envisioning.

---If they are out of business, you will have to wait until they die
and their estate releases the copyrights. The books copyrights
should be hunted down in an honest effort. If orphaned over 14
years, it should released to the commons. I cannot believe you
cannot find the author of a book.---

If they're out of business, who will pay to convert it to a file form
that is downloadable? How do you know if a work is orphaned
or not?

From Lawrence Lessig:
http://www.lessig.org/blog/archives/002401.shtml
"Many works between 1923 and 1978 are in the public domain
but there is no way to accurately tell without doing a copyright
search. This process involves physically looking through paper
records and costs around $100 if you have to hire the LoC or a
freelance researcher to did it for you."

http://freeculture.org/wiki/index.php/Orphaned_works_RFC
"Just ask anybody who has ever tried to track down the copyright
owner for a book, photo, song, or other material. Because there
is no mandatory place to register copyrights (as well as other
reasons?), finding long-lost -- or long-dead -- owners can
place a giant, expensive burden on new creativity. This legal
roadblock creates a drag on new innovation and business,
slowing or even stopping new works from being made....
...Remember, "copyrighted works" doesn't just mean books you
find in a bookstore or CDs you buy from a music store. For
almost 30 years, every letter, memo, grocery list, and napkin
scribble has been automatically copyrighted as soon as a person
writes it down. But no organization tracks all of these
copyrighted works. So we don't know whether their authors are
alive or dead, or if the rights have been passed on to other
people."

---I cannot tell you about any company that was forced out of
business. But you can be made to suffer without going under.
How about all of those old bands that are in retirement now?
Some of them will need that check coming in.---

You surely are joking here. You know how royalties work in the
music business, right? How the RIAA companies almost never
pay any royalties even though they're contractually obligated to.
Quick quiz, how much did chart toppers The Backstreet Boys
receive in royalties for all of their cd sales worldwide? Answer:
$0.00. Filesharing has no demonstrable effect on non-existent
royalties.

---You are right on the Trademark. Proved it with the link
above. Now you should read it to get rid of some notions you
have.---

Which notions specifically. I work with copyright every day, and
most of that page is common knowledge.

---You are turning a blind eye to illegal activity to tank the
studios because you reason that they deserve it. I do not think
you are very objective or fair yourself. You also are taking it out
on a lot of innocent little people that would not make it under
your system. Also everyone has a right to their own property and
to be protected from the majority. Also no business should be
allowed to exist if it is based on infringing. It isn't a business
anyway. It is an illegal operation to be corrected or
dismantled.---

It's not a question of whether they deserve it. It's a strictly
business decision, adapt to conditions or die. I see many ways
the RIAA/MPAA could turn this in their advantage, and use it to
get even richer (as they did with the VCR for example). But until
they're ready to stop fighting technology and instead embrace it,
their business will be damaged. All those little people would be
just fine, although they'd be doing something different. A lot of
the overpaid empty suits at the record companies might have to
lower their cocaine/hooker budgets, but so be it.

And yes, you are right in that copyright should be protected and
businesses like Grokster should be shut down. We have no
argument there. Our argument lies in the path to the future. I
want to see this technology exploited, I want to see more choice
and more functionality for the consumer. You want to see
technology banned and the consumer's activity severely limited.

Posted by: tic swayback   Posted on: 06/30/05 You are currently: a Guest | Members login | Terms of Use

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