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Alien54 (180860)

Alien54
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How The RIAA Is Like 17th Century French Button-Makers

[ #159934 ]
Tuesday January 16 2007, @10:10PM
Businesses
Requiring permission to innovate? Feeling entitled to search others' property? Getting the power to act like law enforcement in order to fine or arrest those who are taking part in activities that challenge your business model? Don't these all sound quite familiar? Centuries from now (hopefully much, much sooner), the actions of the RIAA, MPAA and others that match these of the weavers and button-makers of 17th century France will seem just as ridiculous.
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  • in the mid 1800s, it was customary for the usa to give the finger to european copyright laws and publish any book they wanted to, without any royalties sent to the old world

    now we have the usa whining to china/ thailand/ indonesia/ etc to enforce american IP laws, with beijing playing lipservice for political and economic reasons while on the streets of hong kong you can still buy $10,000 worth of software bundled on a CD/ DVD for $3

    and obviously, in 150 years, china will be issuing diplomatic myspace invectives to azerbaijan for stealing it's genetic code for it's zero G, no atmosphere moon crops... or whatever

    • by jahudabudy (714731) on Thursday January 18 2007, @11:06AM (#17663592)
      in 150 years, china will be issuing diplomatic myspace invectives

      Myspace not only still around, but an official channel in 150 years? Wow, and I thought Phillip K. Dick had some psychotically frightening future visions...
    • by HugePedlar (900427) on Thursday January 18 2007, @11:13AM (#17663708) Homepage
      Even more ironic: The film industry set itself up in California in the far West to avoid (by way of lots of geography) all those nasty patents on filming techniques that existed on the East Coast. Hollywood would never have existed had not the film studios decided to break IP law.
    • by argoff (142580) * on Thursday January 18 2007, @11:14AM (#17663718)
      ... obviously, in 150 years, china will be issuing diplomatic myspace invectives to azerbaijan ...

      It's more like in 30 years, and it's more like they will be RIAA-ing their own people to death. The copying of information and ideas are some of the few liberties and rights the Chinese people have, by pressuring them to kill that - the US is not only destabilizing the country and the region, but also pre-destining the death of a lot of people. In the US, the RIAA and the MPAA have certain legal restrictions that keep people from being shot in the head to set an example. Does anyone think for a moment that they wouldn't persue that if they could lawfully get away with it? Well, in China, the legal structure that holds back the powers that be is weak and non existent in many areas. When their content and invention industries start to make the transtition to a service based high tech model, it will likely be brutal and violent. It will also likely create the bitterest resentment of the US that one could imagine. For those who wish to impose copyright and patnet, I have no problem calling them what they are: murderers.

      • For those who wish to impose copyright and patnet, I have no problem calling them what they are: murderers.

        Hyperbole, this is argoff. Argoff, hyperbole. Oh, I see you two already know each other!
    • by westlake (615356) on Thursday January 18 2007, @11:17AM (#17663780)
      in the mid 1800s, it was customary for the usa to give the finger to european copyright laws and publish any book they wanted to, without any royalties sent to the old world

      which meant that american authors rarely made it into print.

      on the streets of hong kong you can still buy $10,000 worth of software bundled on a CD/ DVD for $3

      and so the domestic product withers on the vine while the West outsources research and development to China.

    • by sootman (158191) on Thursday January 18 2007, @12:17PM (#17664668) Journal
      And, IIRC, the reason Hollywood exists in California is because many early movies were ripped-off plays and books and the filmmakers wanted to be as far away as physically possible from all the east-coast-based copyright holders. The WHOLE FUCKING INDUSTRY is built on copyright violation! (Assuming what I read on the Interwebs is true.)
        • i do not embrace the usa, i am no nationalist, and the usa has done plenty of wrong in the world. the usa has also done plenty of good in the world. imagine that: it's done both. blindly excusing the usa for its crimes OR blindly ignoring the good the usa has done are both prejudices of equal intellectual dishonesty

          but some people ascribe to american behavior what is nothing more than human behavior, common to all peoples, common to the history of the entire world, common to all current cultures. anti-americans castigate the usa for crimes that all nations commit. this doesn't excuse the usa, but why focus only on the usa when other countries do/ did the same? of course, when other countries do the same, it's all easily explained by... the nefarious influence of washington dc. i'm amazed sometimes at diatribes that wind up by logical inference from creative lines of reasoning for blaming the usa for situations and conditions that existed before the usa itself even existed!

          if you have a crime that the usa specifically and uniquely does, then please, by all means, enter into the withering invectives

          but if you want to sound intelligent, and not like a blind ethnocentric nationalist yourself, try not to criticize the usa for something all nations and peoples are guilty of. it makes your blind prejudice obvious and pathetic

          look: blindly embracing and excusing the usa (or any nation) is simple stupid nationalism

          but blindly kicking and incriminating the usa (or any nation) is EQUALLY simple and stupid nationalism

          the only morally and intellectually sound point of view on the usa, or any nation, is to look at what they have done as good, and what they have done as bad. anything else, and you're a blind ethnocentric nationalist. whether that means you blindly prosecute the usa, or blindly love the usa.

          yes: you. you are the same as an american ultranationalist. such a person is stupid. so are you. the only intelligent point of view of the usa is one that sees the good and bad and can wiegh both in their mind at the same time impartially

          all else is useless boring typical lowest common denominator tribal vendetta

          people have to learn to talk IDEAS, not TRIBES

          until they do, people like you are part of the problems in the world, not the solution to them
    • In Mexico City central avenue (Eje 1) or Tepito market [wikipedia.org] you can buy Autodesk Maya Unlimited 8.5 for $3.0 the DVD. And games are usually $1 for each CD.

      That is why I laugh REALLY hard when I read that RIAA is going to start prosecuting P2P file downloaders in Mexico...

  • Lacking... (Score:5, Interesting)

    by timtwobuck (833954) on Thursday January 18 2007, @10:23AM (#17662916)
    Theres something lacking from the submitted article, namely what did French authorities do to remedy this situation...Or did they let the button-guild run rampant for centuries?

    If we're doomed to repeat our history, lets at least flesh out said history so we know what to expect. Maybe we can even escape the doom of repeating our history with a little more thought.
          • Re: (Score:3, Interesting)

            Actually, I had the same thought -- I wonder if the fact that some Amish groups still don't consider buttons "plain" (thus allowed) might ultimately derive from their far ancestors attempting to distance themselves from a mundane dispute.

  • by kalpol (714519) on Thursday January 18 2007, @10:23AM (#17662928) Homepage
    The Jacquard Loom users were sharing torrents of punch card patterns.
  • Site is down
    • Re: (Score:3, Informative)

      by Anonymous Coward
      No it's not, but if you can't get at it, or if it does get slashdotted, here's the text:

      History Repeats Itself: How The RIAA Is Like 17th Century French Button-Makers

      As regular readers know, I've been working through a series of posts on how economics works when scarcity is removed [techdirt.com] from some areas. I took a bit of a break over the holidays to catch up on some reading, and to do some further thinking on the subject (along with some interesting discussions with people about the topic). One of the books

  • Wait.... (Score:5, Insightful)

    by PieSquared (867490) <isosceles2006&gmail,com> on Thursday January 18 2007, @10:26AM (#17662974)
    Centuries from now the actions of the RIAA will seem ridiculous? I was under the opinion that they seemed that way now!

    If a private company being given the same powers as the police doesn't seem ridiculous, there is something else wrong.
  • Sorry, but this analogy does not hold up. The MPAA is not stopping anyone from making original movies. They are simply saying that you cannot copy someone else's work and call it your own. The French button makers wanted to ban button making completely for anyone outside their guild.
    • Re:Bad analogy (Score:5, Insightful)

      by spencerogden (49254) <spencer@spencerogden.com> on Thursday January 18 2007, @10:34AM (#17663116) Homepage
      The analogy is not with what they are trying to prevent, but with the powers they are asking for. A private organization should not be given the powers of search and seizure, that's what the button makers wanted, and that's what the MPAA and RIAA want. They want to enforce laws to their own standards, and that's insane. At the level of an individual they would be called vigilantes.
    • Thank you.

      This has absoloutly no bearing on the **AA's actions.

      This is more akin to if unions had the govn't not letting ANYONE exept for union workers do a specific job.

      The Weaver one (If a weaver wants to try out a new pattern then need a large commity to ok it) is also not related to the **AA's tactics.

      These are all about stiffiling creativity or competition, and the **AA WANTS you to be creative, why? So that they can sign you up, steal your work, and then charge you for the privledge.
    • Re:Bad analogy (Score:5, Insightful)

      by hummassa (157160) on Thursday January 18 2007, @10:50AM (#17663356) Homepage Journal

      Sorry, but this analogy does not hold up. The MPAA is not stopping anyone from making original movies.
      No, the analogy is perfect.

      The *AA wants, for instance, to stop everyone from develop software that could be used to backup dvds. They are, for instance, stopping TiVo from developing new features to their set-top box. Those two are examples of the first item, "Requiring permission to innovate", and was illustrated in the history told by the guild requiring that anyone that wants to weave their fabrics differently should have the guild's permission.

      They are requesting powers of police to watch what _I_ have in my HD, and what _I_ talk in my private net connections. This is a clear example of the second item, "Feeling entitled to search others' property".

      More, they want powers to emprision or fine whoever they _think_ have their bits in the HD. This is an example of the third item; in the case on the FTA, the button-makers guild wanted to search everyone's homes, to find if they had any clothes with fabric-made buttons (that were not made by guilded members) and they wanted to imprision and fine whoever had those.

      Every one of those items is telling the story of how the guilds wanted to protect their business model, regardless of the rights and protections that the citizens should have, including the right to the privacy of their own homes. The *AAs want to protect their business model, regardless of the rights and protections that the citizens should have, including the right to the privacy of their own homes and their private communications. So, as I told, the analogy is complete and perfect.

      Don't just read the FTA, but the two linked-by pages too...
    • Re: (Score:3, Interesting)

      Well, reasoning by analogy is always spotty. Disclaimer aside, consider an alternative verson of the analogy: The button makers owned the intellectual property for one particular class of fastening device (the button). Others were free to invent new fastening devices (e.g., the lace). The button makers enlisted the aid of the government to prevent the evil tailors from copying their intellectual property. Like I said, reasoning by analogy is more an exercise in creativity than logic.
    • Re: (Score:3, Informative)

      http://yro.slashdot.org/article.pl?sid=07/01/15/20 1259 [slashdot.org]
      O'rly? They're already trying to tell you what you can do with the media you create and publish.
      • You are free to invent your own video device based on your own invented video format. Then you'd be free from the MPAA specifications. Why don't you do this?
  • by Opportunist (166417) on Thursday January 18 2007, @10:28AM (#17663026)
    trying to protect their turfs, knowing that their time has passed.

    Do you know those ridiculous laws, where it's required that a man with a flag or lantern runs in front of a car? No, the legislative ain't always been stupid (and these century old laws being the proof), they exist for exactly the same reason why train stations are usually at the outskirts of towns (or, at least, were 'til the towns grew): The horse cabs were fearing for their business.

    And for a good reason. They weren't needed anymore as a means of transport if people could drive themselves, or if they could use the train instead. So the stations were outside of towns (to "protect the health" of the people, of course, as the official reason), so you had to take a cab to get there anyway.

    We're now facing the same with the mafiaa. They are pushing at the lawmakers to install laws to protect their outdated business model, not wanting to realize that their time is over and they're not needed anymore.

    Well, I guess in a century, people will shake their heads over our copyright laws, just like we're shaking them now over the requirement of men with flags in front of cars.
    • All along the Erie canal in the NY State, you will find charming little towns, stuck in 18th century seemingly progress bypassed them. But way back when Erie canal was the main transporatation artery, the barge companies controlled the local govt and made sure none of the "new fangled" railroads touch their towns. Well, they kept the railroads out and they got bogged down in 17th century.
      • All along the Erie canal in the NY State, you will find charming little towns, stuck in 18th century seemingly progress bypassed them. But way back when Erie canal was the main transporatation artery, the barge companies controlled the local govt and made sure none of the "new fangled" railroads touch their towns. Well, they kept the railroads out and they got bogged down in 17th century.

        And now they're still charming, while all the "progressive" towns in upstate New York became economically depressed ru
      • So... did they get bogged down in the 17th century (before the canal even existed) or the 18th century (when construction finally began)? Or maybe it was the 19th century, when the canal was completed? or maybe the 20th... never mind. Just read Wikipedia, or something.
    • they exist for exactly the same reason why train stations are usually at the outskirts of towns (or, at least, were 'til the towns grew): The horse cabs were fearing for their business

      L'histoire se repete .... why are there sooo many airports in the world, where there is no railway connection with downtown. From big Singapore, where the LRT "just missed it" to Denver, to here in Calgary, where there is even not a decent public bus going to the airport. It's all because of the taxi rackets. Not the cab driv

    • Wasn't actually Luddite. It was written in a day when powered vehicles on the road were heavy agricultural machines that caused road damage, gave off sparks and smoke and frightened horses badly. In the UK, with many narrow roads, this was far more of an issue than in France, which is a much emptier country.

      When gasoline powered road vehicles started to appear in larger numbers, and agricultural machinery became more portable, the Act was repealed.

  • by Orange Crush (934731) on Thursday January 18 2007, @10:31AM (#17663068)

    I'm no fan of the RIAA and by no means condone their actions to defend "their" blessed IP, but there's a key difference between the RIAA and the French Button-Makers. Those who dared innovate with buttons made of cloth would be punished because it completely cut the button makers out of the loop. The RIAA has not yet gone after those who dare produce music (independant bands, labels, social networking, etc.) without being under their auspices.

    About the only similarity I see is that both the guilds and the RIAA are asshats and were going after end-users. Beyond that, the analogy breaks down.

    • The RIAA has not yet gone after those who dare produce music (independent bands, labels, social networking, etc.) without being under their auspices.

      Except in the purchase of blank music CDs, of course, which cost more because you're going to presumably put music on them owned by the RIAA. And they have sent take-down notices to bands who've got their own MP3s up on the web.

      You might also say that the mandatory DRM in ipods hurts bands who want their music shared by keeping it from being shared by the uninitiated.

      That's not exactly nothing, is it?
      • Except in the purchase of blank music CDs, of course, which cost more because you're going to presumably put music on them owned by the RIAA.
        Can you post a link to a source on that? I was aware that was the case in Canada, but I though the similar law that had been proposed in the US had not made it through. I may be misremembering though.
      • Re: (Score:2, Informative)

        You might also say that the mandatory DRM in ipods hurts bands who want their music shared by keeping it from being shared by the uninitiated.
        s/mandatory DRM in ipods/mandatory DRM in iTMS/

        the DRM is not mandatory in iPods.

      • Re: (Score:3, Insightful)

        There's no mandatory DRM in iPods unless you buy the song through iTunes.... they play MP3s just fine... or WAV or FLAC and of course MP4u as well as the iTunes MP4p formats.
  • by AndroidCat (229562) on Thursday January 18 2007, @10:38AM (#17663172) Homepage
    Needlepoint patterns are a frequent copyright hot zone [cnn.com] on the web, newsgroups, etc. Ah well, at least when the lawyertroopers of the NPAA haul some needlepointing granny into court, they've probably got the right copyright terrorist.
  • The French buttonmakers were wary of being undersold and made redundant by cheaper methods/producers. The **AA are keen to protect the way their product is distributed and used. They may wish but cannot prosecute other artists/publishers from publishing content w/o DRM or anything else. What they want to do or keep is their own product from being distributed against their will. That is, to be against it being virtually freely duplicated and/or redistributed w/o compensation to them. One might not like

  • You don't have to go outside the music industry to show that what they're doing today will be viewed as foolish by those in the future, they've been doing this for a long time now.
    • Player Pianos - When these were introduced, they were hated by musicians because they thought it threatened their livelihood, "who's going to pay us to play when you can just get one of these pianos?"
    • Phonograph Records - Many musicians hated these for the same reason when they first came out, "who's going to pay us to play when you can just buy a record for a couple of bucks?"
    • Radio broadcasts of records - When radio stations first began broadcasting records instead of live music performances, many musicians again felt this threatened them, "Who's going to buy our records when they can hear them on the radio for free?"
    In hindsight it's obvious that none of these technologies were threats to musicians and in fact, in many cases they helped them.
    • Well, you're right, of course, but it is true that musicians made less doing live performances for the very reasons they stated. The problem is they didn't account for making more money from the sales of these items. Some end up making more money, some end up making less, and the record companies and music roll publishers ended up taking the lion's share.

      Still, a popular musician could make a lot more. For an average performer it might be a wash financially, but ultimately it was a lot less work.

      But, lik
  • This is probably going to get moded down, but I feel the urge to play devils advocate here. The *AAs have pissed me off as much as the next guy, but there have always been guilds and trade unions that try to protect craftsman from being exploited. These are generally a good thing; without them people work 80 hours a week for pennies a day, and children lose their fingers to factory machines. Part of protecting the tradesmen means protecting the trade itself, and the system by which a person becomes a trades
    • The big difference between surgeons and electricians on one side, and entertainment and button-makers on the other side, is that even minute faults in the former's practices can lead directly to loss of life and property, while no such fatal consequences are possible for entertainers or button-makers. As for machinery cutting off peoples fingers, we have got some other ways of controlling safety in general, such as the OSHA.

      Consider other, non-critical, guild like watch-makers or painters, once also strictly controlled ... At worst, the control on their work would be along "fit for purpose"-regulations, but I don't think anyone has ever died from a stopped watch or a house painted in the wrong color.

  • Ob Heinlein Quote (Score:5, Interesting)

    by rlp (11898) on Thursday January 18 2007, @11:22AM (#17663840)
    "There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back."

              - Robert Heinlein, "Life Line", 1939
  • by beadfulthings (975812) on Thursday January 18 2007, @11:26AM (#17663900) Journal
    I don't see how this has much bearing on what's happening now. The guilds in Europe were a powerful force for centuries, from the dawn of the Middle Ages on. They covered just about every facet of life from fine arts (painters) to crafts and trades (weavers, plumbers, carpenters, silversmiths) to the food chain (butchers, fishmongers). They served any number of useful purposes including protecting their members (basically the middle class) from the abuses of the nobility and the church; setting up standards and best practices; and developing formalized methods for training (the system of apprentice/journeyman/master craftsman). As someone here has pointed out, that system survives today in the training and certification of certain trades such as plumbers and electricians.

    One good way to appreciate the power and function of the guilds is to read about the long history of the city of London; it has evolved to the present day on the basis of the actions of the guilds and their interactions with other parts of society.

    The article is shallow and superficial. When I read it, part of my mind sided with the French buttonmakers. They saw their tradecraft being walmartized, and they protested.
  • Guild ... (Score:3, Funny)

    by DMorritt (923396) on Thursday January 18 2007, @12:39PM (#17665038) Homepage
    seeking active english speaking mage/warrior/lawyer, must be lvl 50+ for guild raids and quests.
  • by openright (968536) on Thursday January 18 2007, @12:54PM (#17665248) Homepage
    A more fitting example is that of the Stationers Company holding a publishing monopoly for much of 2 centuries.
    The U.S. was founded at a time where freedom from such long-lived monopolies was important.

    Unfortunately, Copyright monopolies have been extended from 13 years to 90-120 years.

    http://www.culturaleconomics.atfreeweb.com/cpu.htm [atfreeweb.com]
  • by Joe Snipe (224958) on Thursday January 18 2007, @01:55PM (#17666420) Homepage Journal
    Since the disbandment of the button guild, there has been no innovation in buttons and button related tech in the last 300 years. Surely we must all send dollars to the RIAAs immediately, or music may die forever!