Comment Re:Protecting rights (Score 1) 517
Let me say that I agree with you. I think that reasonable compensation is justified when work is completed. Let's see your quote:
If your boss withheld your paycheck and told you that the code you wrote is now theirs free of charge because "information wants to be free," you'd sue for the wages and win.
Quite right and for a reason: the contract that exists between employer and employee. That contract is usually implied (in the US anyway) and is one that is backed up by a few labor laws. If I agree to exchange my time for your money, then I expect to be paid when I give up that time and I have the law on my side if you decide not to pay.
So, explain to me, if you would, the nature of the implicit contract between an artist (content creator) and me (the consumer)?
I'll take a stab at it, to satisfy my curiosity. If you record a few songs and spend 200 hours doing it, then what is your motivation? You have never met me. You don't know if I'll even be interested in what you recorded. You (the content creator) are a speculator. You're putting time and money into some work that you reckon will net you a return over time.
Let's look at another example of a speculator: a used car dealer. In the case of a used car dealer, the dealer spends her time and money on a vehicle that might have been acquired at auction. She buys it for a price presumably below retail market value, spends time and/or money repairing it and shining it up and displays it on her lot for sale. She is counting on me (the consumer) to come along and want to exchange my money for that car.
That example is nicely formulated and makes perfect sense to anyone with business experience. Now lets change the scenario to spice it up a bit.
Let's assume that the car dealer buys that car at auction as before and puts all that time and money into prepping that car for sale. Now, enter the new car manufacturers. The manufacturer of that line of cars has decided that they'd like to liquidate their business. They cut their prices. So much so, that now, it is cheaper to just buy a new car directly from this manufacturer rather than buy from the used car dealer. What's to be done about that poor used car dealer who spent her valuable time and money speculating on that used car? She's a victim of the market. Does she sue the car manufacturer? She might, but how will that ever restore her now antiquated business model? Maybe she should sue the buyers that are now buying new cars instead of her used one?
The point of all this is, markets change, consumers change, technology changes and every last one of those factors can wipe out my precious business model. What I don't have the right to do though, is blame anyone else. If I'm a speculator and my speculation goes bust, then its time for me to pack up and move on. Maybe even try again with a new approach.
I don't dislike content creators, but I'm not willing to stand by and allow *any* laws to be created to protect content creators' business model propped up on artificial scarcity. It is time for content creators to pack up and move on. Move on to another way to pay the bills. That doesn't mean stop creating, it means get your money first. If I get burned by employers who agree to pay me for my time and I give them my time and they back out and don't pay me, then I'll probably start demanding pay in advance and I'd be justified in doing it. I see no reason why content creators cannot do the same thing.