Comment Re:Confused (Score 2) 274
It is only our current customs that push the idea that copying is harmful, and attempt to regulate it and restrict it by fiat.
I don't know where you are, but in the US, the constitution, the very document that authorizes the government, specifically opens the door to copyright or something with its essential functionality:
Article I, section 8, "Powers of Congress": To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Exclusive rights. That's clear, right? "limited Times" is also clear, but note that it is completely open-ended, so they can do (and have done) whatever they want with the terms of exclusivity. I would completely agree that the present terms are too long, but I would not agree that congress was out of line to try these longer terms out.
So the "fiat" you refer to here is not very arbitrary, if that's how you meant it. If you just meant "by decree", yes, that's what laws are. This is, however, explicitly an authorized act (and I have to say, given the other things congress and the courts get up to, it's sort of a relief to actually be able to say that.)
You can offer public civil disobedience if you feel the approach congress took is wrong; that is a very hard path, however. Jail sucks. Fines suck (and huge fines suck more.) Court sucks. Lawyers suck like a 120 VAC vacuum cleaner powered with 220 vac. Having everyone with a stake in the current mindset turn against you sucks. But... there is great honor in it, IMHO.
You can publicly advocate for your views, explaining your position and trying to win a sufficient number of people and organizations over such that you can pressure congress directly (good luck... not personally tough, but task-wise, still tough.) I should mention just as an aside that your short exposition above has not convinced me at all, and I *really* don't like our current system, so seems like it needs work. Arguing "used to be this way" is bankrupt. You need to argue "should be this way, this is how we'd make it work, and this is why we should do it this way" and then make it happen. Also very tough. Lots of people with a finger in this pie, and they're all going to hate you with a passion -- won't be fun at all.
Sub-rosa violation of the terms under which our creatives operate simply damages the creatives and serves as a challenge to the legislators, and usually gets just the response we see here: such acts are treated even more harshly. That's not how to get things done, IMHO.
You have to change public opinion, and then you have to get it through the heads of the legislators that it has actually happened.
In the interim, I am convinced that we shouldn't be waging a war upon the incomes of the very creatives whose work product we would like to have access to.
As to the other ways to compensate artists, there is patronage. Patronage has worked for centuries, and now, with modern technology we can do it so much better. We can crowdfund, which was impractical until very recently.
Yes, well, get on that. I've written quite a bit of software -- some of it major -- and made it available for free. One large and featureful app is nearing 30,000 currently active users. Where's my check? I have Paypal "contribute" buttons, but the idea that I could actually make a living -- even a very low-profile living -- off the voluntary patronage of my users strikes me as more than a little hilarious. The fact is, people use; but they don't give back except in extremely rare cases. Of those active 30k users, 14 -- that's *fourteen* -- people have hit that paypal button. Of those, I have to say they were quite generous; the total of the donations to date is $475.00. I have spent thousands of hours on this application, and it is broadly acknowledged as one of the best of its class. The praise I get -- which is nice, but can't be eaten or used to pay the utilities -- is extensive. But patronage? Not in any significant amount. My $/hour on this is somewhere north of ludicrous.
Now, I don't mind this, as I do it for the enjoyment of it (I use the app too, and constantly at that.. it's running right now) and I can well afford to do it so I keep doing it and smile while I do so, but I do think it is indicative of exactly how people are currently thinking: "Optional to contribute funding? Awesome. See ya later." Next time there's an upgrade, lather, rinse, repeat.
But again -- if you have some way to make your ideas work, by all means, do so. It'd be awesome to be supported in my creative efforts at any significant level.
I also want to mention that I made my fortune -- and it was a fortune -- selling an application -- different application -- that people were not given permission to copy and distribute freely. No ads, no nagging, no spamming, no copy protection other than a numeric software key, just a good app and so you could steal it with just a bare minimum of effort, no need to "crack" it, etc., but more than enough people actually bought it for me to set myself up quite well, buy some of my more valuable employees things like cars and houses, all while paying higher wages to everyone in the company than any operation in the state doing even remotely the same kind of thing.
Just because something is valuable doesn't mean it should be hoarded, and denied to the poor, most especially when the thing in question is not scarce
If you don't remunerate creatives somehow, "scarce" under-describes the problem. Many simply won't create for you. Making something artificially not scarce by copying it against the creator's will can only be contemplated in the light of a juvenile naivety, and will lead to exactly the same thing.
There's probably some middle ground, something like where people would pay a "creative tax" and creatives get "creative welfare" so that everyone has a chance at this, but until we work out how that works, or whatever else might work, taking copyrighted or patented items and running off with them yelling "it's not scarce now, you greedy mofos!" is ridiculously simpleminded -- and quite harmful.