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Archive for the ‘Copywrong’ Category

[The Enemy of my Enemy] is Still not my Friend

Posted by Lex Fear on November 1, 2009

If TalkTalk was not such an odious company I would thoroughly applaud this move by Andrew Heaney, TalkTalk’s Executive Director of strategy and regulation.

Posted in Bad Company, Bollotics, Copywrong, Morals & Ethics, Protest, Uncircumcised Philistines | Tagged: , , , , , , , , | 1 Comment »

[Filesharing] The Cost Of An Idea

Posted by Lex Fear on June 22, 2009

David Dunham at CaPC poses the question “So is the judge making an example out of her or does this seem like a reasonable price to pay?”

I started commenting but realised it was too long and so I’ve moved my response here.

Let’s start by saying that these fines are supposed to be representative of lost sales.

Forget the fact that many people who download music tracks wouldn’t buy them anyway (and – shockingly – might even delete the crap ones).

What I think the lawmakers have glossed over is the fact that if you fine one person for *every* *lost* *sale*, then there should be no-one left to pursue for the downloading of those tracks she shared. Ie. if I had downloaded those 24 tracks from Jamie Thomas, it’s OK because she is already paying for *my* lost sale – as well as – literally – millions of others.

I’m pro-filesharing and I file-share.

I look forward to the day that these media companies grovel in the dirt – I’ll make no bones about that fact. Increasingly I’m ‘coming out’ to many friends and people I wouldn’t have before, because I see it as a revolution, a cold war, where as many people need to be recruited as possible.

I look forward to the day that we look back on these events in history and marvel at the ignorance of the politicians and industry that supported this 21st Century ‘House of Un-American Activities’.

I see filesharing as the future – setting knowledge, information and arts free – like they used to be before the 20th Century. Perhaps it’s not ‘the future’, perhaps it’s simply restoring values of the past.

Did any of those black slaves or their families who worked in the cotton fields see a ‘dime’ for their musical contribution to the blues? Intellectual Property is about as anti-creativity as I can imagine.

How do you prevent new ideas and human progress? Introduce ownership of ideas by long lasting corporate bodies to buy up and own *ideas*, then sue anyone who independently thinks up, tries to share or improve that idea for an arm and a leg.

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Posted in Bad Company, Copywrong, Corporate Irresponsibility, Free as in Speech, Little Hitlers, Morals & Ethics, Predatory Systems, Profiteering, Resistance, Takeback, Technology, Terrorist State | Tagged: , , , , , , , , , , , , , , , , , , , | 2 Comments »

[Copyleft] Obama And The Copyright Act

Posted by Lex Fear on February 20, 2009

From Wired:

In a few weeks, we’ll likely know the Obama administration’s position on whether it supports hefty monetary awards in file sharing litigation brought by the Recording Industry Association of America.

The Bush administration’s position was clear. It supported the Copyright Act‘s penalties of up to $150,000 per infringed song.

“Congress acted reasonably in crafting the current incarnation by ensuring that it serves both a compensatory and deterrent purpose. Congress established a damages range that provides compensation for copyright owners in a regime in which actual damages are hard to quantify,” the Bush administration wrote in 2007.

Now it’s President Barack Obama’s turn, and we’ll see how tight he is with Hollywood.

One thing I’ve thought about that I don’t see mentioned anywhere by bloggers and media, is a challenge to how the MAFIAA justify their 9-to-1 ratio cost of a single music track.

No, I don’t mean how constitutional or fair it is, I mean challenging it on the basis of lost profits. Surely, after winning* their lawsuit against Jammie Thomas, all lawsuits should have stopped right there. You see they didn’t just sue Jammie Thomas for the tracks that she had downloaded or owned (worth approximately $1 a piece) they sued her for all the other people who otherwise would have bought the shared track too**.

Therefore if the MAFIAA recovered all that lost profit from Jammie Thomas (and someone can’t own one downloaded file twice over), then the score is even and there are no further profit losses i.e. no further lawsuits needed!

Am I just stating the obvious that no-one has thought up yet, or am I missing something?

*I say ‘won’, but it’s been public knowledge for a while now that the original judge has dismissed the original trial as a mistrial and it will be heard again.
**I’m obviously ignoring the fact that ( a ) many filesharers will buy an album anyway and ( b ) many other fileshares would not even buy if it was not available for download – so no profit to be had in the first place.

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Posted in Bad Company, Bollotics, Buyer Beware, Copywrong, Little Hitlers, Morals & Ethics, Predatory Systems, Profiteering, Takeback, Technology, Wealth Creation | Tagged: , , , , , , , , , | Leave a Comment »

[Your Data] How Often Have They Lost Your Data

Posted by Lex Fear on February 17, 2009

Open Rights Group have a questionnaire which should tell you!

via: Ideal Government

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Posted in Absolute Power, Anti-Terrorists, Bad Company, Buyer Beware, Copywrong, Databases, Financial Terrorism, Free as in Speech, Minitruth, Pharisees, Predatory Systems, Realpolitik, Technology, Uncircumcised Philistines, WhatTheyDontWantU2C | Tagged: , , , , | Leave a Comment »

[MAFIAA Pwn UK] All Your Rights Are Belong To Us

Posted by Lex Fear on February 8, 2009

Two items of interest posted last year on TorrentFreak and The Register, that I never got round to commenting on.

Both Cleveland and Lancashire police caught defrauding the music industry, much like those it has arrested in the OiNK case before. Cleveland particularly appear to be hoisted by their own petard in this case, being the force to bring prosecution against the OiNKers.

Meanwhile it seems that Gordon Brown is also embracing piracy, by failing to acknowledge creative commons licensing.

I’ve been wrong all theses years. The government understands freedom perfectly, it just doesn’t want us to have any.

If the MAFIAA succeed in prosecuting Lancashire Police, then we are truly approaching a state where intellectual property rights trump all other forms of rights we know.

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Posted in Absolute Power, Bad Company, Civil Disobedience, Copland, Copywrong, Doublethink, Free as in Speech, Morals & Ethics, Pharisees, Untouchables | Tagged: , , , , , , , , , | Leave a Comment »

[Paradigms] Profits… Follow Up to the Last Post

Posted by Lex Fear on September 25, 2008

This is a follow up to my last post (Hearts and Minds).

“But how will anyone make a profit if intellectual property is made free?” I hear you cry.

Simple.

Outside of the BBC, advertising seems to suit most TV and radio networks, even as they move more of their media onto the internet, there is still room for product placements and advertising between shows/performances. Merchandising and hard-copy materials work well too. After all, where do radio stations get all their songs from? Do you think the record industry makes them purchase every single song individually*? No they get free samplers sent to them – would you believe it – to promote the artist?

The MAFIAA missed a trick with P2P, it could have been a huge profit making machine, instead they reacted like Luddites confronted with a mobile phone – they tried to smash it. The problem is they didn’t realise that what they were dealing with was effectively an Uber-Hydra – each time the MAFIAA close down a p2p outfit – they spawn so many more new ones.

The recent release of Heroes Season 3: Villains has broken records on BitTorrent downloads (yup, I have seen it 😀 ) – 92% downloaded from outside the US. The reason for this is obviously the delayed release of most good things that come out of the US.

But is there any need for the delay? I suspect, without researching, it has something to do with other countries networks gaging reception of a show in the States before deciding to bid and purchase it for their network – but is there any reason to do this for tried and tested shows like Heroes? Is there any need for it in the digital age where the rest of the world can access US websites and sneak peek info before it’s even released in the States?

It’s a tired old cliche but it must be said again and again until The Power(less) That Be sit up and take notice. The media industry is still trying to make an old business model fit into a new mould that just wont take it – like putting old wine into new wineskins, a square peg into a round hole.

I noticed the BBC is advertising Heroes Season 3 now. Bravo! Was it that Season 2 was so short, or is it fear of losing the market to filesharers? After all, if the show is available over BitTorrent, ad free and released just a few hours after it airs in the States, what is the point of even running the series on TV anymore?

As the world increasingly turns to the net, and as filesharing gains more followers and more social acceptance, media companies based not-in-the States are going to find it harder and harder to drive a profit. And sod it if I’m going to purchase Sky just so I can watch Lost.

So what can media companies do? Well, the BBC is OK for now, no-one should give a rats-ass about the BBC because they basically tax the British public and will suffer no loss from advertising revenue. For every other network on the planet, here’s a few ideas:

  • Release US shows as soon as possible, don’t wait for scheduling, get them on air
  • Embrace the web. Enable people to log on and catch up or download online (that means us Freetards too)! Link to US network counterparts and create more content.
  • Stop releasing Season Box Sets as Part 1 (12 episodes) and Part 2 (12 episodes). The British public are not that gullible (are they?)!
  • Embrace P2P. There is a reason leaked pilots find their way onto BitTorrent.

Ask yourself this. What if your network was to sell advertising on their own BitTorrent tracker? What if TV networks were to ‘leak’ the episodes about to air on BitTorrent, wrapped in and advertisement bundle? One ad at the beginning of the recording, one in the middle, one at the end? Sure people might repackage it without the ads, but if you get that episode onto a BitTorrent tracker first, it will already have the largest download and seeding! Most people are not going to bother repackaging it, or trying to find one that doesn’t have advertising, since all they want to do is watch the show- they would put up with one or two ads.

Selling advertising content on TV Shows released through BitTorrent would be simple, effective and easy to track. Simply calculate revenues by the number of downloads and you have your profit, as well as subsidising revenues lost from the traditional TV presentation.

I can’t actually believe that no mainstream content provider has actually worked this out yet! When they do, the MAFIAA will be all but dead in the water, and the friendship between media companies and consumers will once again be restored.

As it happens I use BitTorrent but when a show is a good as Lost or Heroes I buy the box sets, especially for the extras. It’s nice to own a hardcopy of something, and I like to get my monies worth. So here’s to the creators of these fine TV shows, let’s hope they see the light and a way to make both money and friends through filesharing!

*I’m well aware that radio stations need to purchase a license to play but this is something rather different to individual copyright enforcement.

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Posted in Bad Company, Copywrong, Morals & Ethics, Pharisees, Profiteering, Technology, Wealth Creation | Leave a Comment »

[Acts of God] Hearts and Minds

Posted by Lex Fear on September 25, 2008

Two pieces of good news today which gives me pause for thought… Filesharer Jammie Thomas has been granted a retrial by the judge who sentenced her last year.

“Minnesota Federal beak Michael Davis said he had given an incorrect instruction to the jury on the level of proof required by the Recording Industry Ass. of America. He had told jurors last year that the act of “making [music files] available” via a peer to peer network was sufficient to prove unauthorised distribution of copyright material without evidence that others had downloaded the files.”

<snip>

Although he wasn’t considering the fine levied against Thomas in the original trial, in his judgment Davis said Congress should re-examine the law on copyright infringement, calling it “wholly disproportionate”. “Her alleged acts were illegal, but common. Her status as a consumer who was not seeking to harm her competitors or make a profit does not excuse her behavior. But it does make the award of hundreds of thousands of dollars in damages unprecedented and oppressive,” he wrote.” – RIAA filesharing target Jammie Thomas wins retrial – El Reg

The second bit of good news, however it comes with a twist, is the European Parliament have wisely thrown out the “Three-Strikes” law when it comes to copyright infringement.

“The amendment, drafted by Guy Bono and other members of the European Parliament, was adopted by an overwhelming majority. 573 parliament members voted in favor while only 74 rejected. Satisfied with this outcome, Bono stated in a response to the vote: “You do not play with individual freedoms like that,” and said that the French government should review its three-strikes law.” – European Parliament Says No to Three-Strikes Law – TorrentFreak

Could this be a possible turning point in history, are our leaders finally coming round to the 21st Century and understanding of technology and innovation?

I’ve always believed in a God that is involved with life on earth in both a grand and intimate scale. I don’t believe God sends earthquakes and tornadoes in order to bring punishment to any region, I don’t believe he speaks and commands suicide bombers or terrorists to fly into buildings, but I do believe he is intimately involved in human affairs to bring about creativity and invention, justice and mercy.

I believe in a creative God, a God who fashioned humans in his image – that means we got his characteristic creativity as well. It is on display everywhere we look; invention, design, industry and the arts. Creation is in us and is a part of our human identity. I also believe, in a broader sense, that Jesus was and is a file sharer.

Jesus’ primary goal was to get the good news out. He didn’t care much for any authority that stood in the way, and he certainly didn’t issue copyright disclaimers on his stories or words. If he had, we might never had heard of the carpenter from Galilee. If Jesus was physically walking the earth today, I believe that he would be utilizing p2p networks to share all sorts of Christian media – words, songs and movies. The RIAA would probably play the part of the Romans (on behalf of copyright owners such as Hillsong) and do their bit to crucify him for this, of course.

The point is, BitTorrent is a creative invention. It is a great invention for spreading information more quickly and efficiently than any other source on the tubes. I believe God has had a hand in human invention from the beginning, gifting us with ideas and intellect, and I believe he has his hand in technology even today.

They burned the first man to translate the Bible into English in an attempt to supress the free sharing of this valuable information with the common people. How quickly they forgot that sharing of information and communion is at the core of the Christian message, and how lost are we now that the church employs the very same techniques as the world to ‘protect’ it’s ‘intellectual property’? The church has forgotten the words of the psalmist in Psalm 24:1.

So although many on both sides may disagree with me for different reasons, I believe that God has had his hand on proceedings in both of these cases today. I believe God wants us to have an open and free society more than anyone can realise or imagine. He doesn’t have to place the literal ideas in our head, or force our hands to work, he has already created the desire, the passion and the spirit, this is all that is needed for justice and creativity to prevail.

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Posted in Apologetics, Copywrong, Justice & Mercy, Laymans Theology, Opinion, Technology, The Purpose Missing Church | 1 Comment »

[Outrage] I’m Going To Make This Pencil Disappear…

Posted by Lex Fear on August 10, 2008

Yes, I went to see possibly the most awesomist movie this summer during our little camping trip this week… just catching up on my feeds and came across this little item at The Register:

MPs lambast BBFC over Batman
Keith Vaz, IDS get knickers in a Knight knot
By Sarah Bee

MPs Keith Vaz and Iain Duncan Smith have weighed in on the hoohah over the violent content of The Dark Knight and its controversial 12A classification.

The Telegraph finds the Labour and Tory bods united in their condemnation of the film’s violence and disagreement with its certificate, which allows children under 12 to see it if accompanied by parents. Smith, the former Conservative Party leader who saw the film with his (no doubt rather embarrassed) 15-year-old daughter, said he was “astonished” the British Board of Film Classification (BBFC) found the somewhat stab-tastic flick suitable viewing for anyone under 15.

Like Keith Vaz and IDS, I also find the film classification given to The Dark Knight too low, and was outraged by the number of children as young as 2 years old at the screening I attended… however, I have very different reasons for my anger.

Most of the kids were bored during the non-action important plot parts, and there were at least 3 chair bangers (flipping the seats with their feet), which really began to piss me off. It’s not just The Dark Knight I experienced this through, a few months ago during Be Kind Rewind – I mean what dumbass parent thinks their little sprog is going to understand 80’s pop culture references?

So I’m pissed and about halfway through the movie I decide to take affirmative action:

“Would you leave the f**king chair alone!”

Yes, I swore, I’m not proud of it, especially in a large room of which half the audience are under 10, but that’s exactly the point! The chair banging ceased, but me and D overheard some disapproving parental whispers “…shouldn’t just swear in front of children…” to which we chuckled. I mean, you bring your 5 year old to watch Heath Ledger play a psychopathic killer slash up good guys left and right and your worried about your little darlings ears being exposed to the F-bomb?! I mean, WT*?

Thankfully my experience of TDK was not ruined, but my feelings about cinema is. Thanks a lot BBFC, just so you know, until you learn to classify movies so that appropriate age groups can enjoy it without the idiot parents and their offspring, I’m going to stick to downloading. I can’t find a better argument for piracy these days than a visit to the cinema!

Oh and go see The Dark Knight, if you liked Batman Begins you will not be disappointed, just choose a time after bedtime… still with the type of parents bringing their kids to TDK, hell they probably let them stay up all night, drink and smoke anyway…

Posted in Buyer Beware, Copywrong, Opinion, Pharisees, Realpolitik, Uncircumcised Philistines | Leave a Comment »

[Asinine] Bankrupt Millionaire: Indiana Who?

Posted by Lex Fear on June 26, 2008

Looks like another fool got into a legal letter flame war with The Pirate Bay… and lost… spectacularly.

I’ve never heard of Indiana Gregg, but I sure as hell won’t be buying or downloading any music after reading her and her representatives ridiculous and embarrassing name-dropping bombing in their email.

“Having sat on cross parliamentary committees, resolved to regenerating music and culture in my country, i’m afraid you may just have picked the wrong person to cross swords with on this occasion.” Ian Morrow (courtesy of TPB)

Very stupid. Here’s the list of emails of the elites that Ian invokes to show how powerful and connected he is:

Ian Morrow <ian@gr8pop.net>
Alex.Salmond.msp@scottish.parliament.uk
Pauline McNeill <pauline.mcneill.msp@scottish.parliament.uk>
Barbara Orbison <BOrbison@orbison.com>
eugene.duffy@mirror.co.uk
Kenny.MacAskill.msp@scottish.parliament.uk
john dingwall <j.dingwall@dailyrecord.co.uk>
Jack.Mcconnell.msp@scottish.parliament.uk
Margo.MacDonald.msp@scottish.parliament.uk
Duncan McCrone <duncan.mccrone@mcps.co.uk>
Mick Blacklock <mick.blacklock@ppluk.com>
Robbie Miller <robbie.miller@jacobsonmiller.com>
alan.boyd@bbc.co.uk
phil <phil@gr8pop.net>
graham@gr8pop.net
Andy Harrower <andy.harrower@mcps-prs-alliance.co.uk>
Mark Taylor <mark.taylor@mcps-prs-alliance.co.uk>
Stanley Banks <stanley@wardlawbanks.com>
Paul Bedford <Paul.Bedford@ingeniousmedia.co.uk>
Veronica Tyrrell <Veronica.Tyrrell@scotent.co.uk>
George Falconer <george.falconer@scotent.co.uk>
Connie Howard <CHowardMus@aol.com>
thom hardwell <thomsongs1@yahoo.com>
jimdaddario@hotmail.com
Magnus Martinsson <martinsson@playgroundmusic.com>
<torgny@playgroundmusic.com>
David Philpott <davidphilpott@philpottreed.co.uk>
Christian Ulf Hansen <christian.ulf@virgin.net>
douglasmcfarlane@btinternet.com

Normally I’ll just read the legal threats, laugh and forget about it but this one is the most asinine and presumptious yet. Just for curiousity, I’ll be watching out for copywrong discussion by the Scottish Parliament and press articles from The Mirror, The Daily Record and The BBC on copywrong.

It will be interesting to see how much influence the small label, bankrupt millionaire, Indiana Gregg has over these groups, if any. I’m aslo interested in seeing if the Scottish Parliament works for the people or the corporates.

HT: Torrentfreak

Oh and BTW: Ian, copyright kills culture, it kills creativity. Would we have heard of Shakespeare if media companies had existed in the 17th Century to make sure that none of his plays were reproduced?

How much exposure has Indiana Gregg actually had as a result of sharing of her music between friends? (a: probably not much TPB can do for her – click on the link for irony-goodness)

As far as anyone who has an ounce of intellect is concerned, Bittorrent is the new radio. But then is that really free?

It wasn’t video that killed the radio star, it was his own record label.

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Posted in Bad Company, Copywrong, Little Hitlers, Profiteering, Quoteyness, Technology, The Love of Libel, Uncircumcised Philistines, V for Vendetta, Wealth Creation, WhatTheyDontWantU2C | Leave a Comment »

[Evil] The Secret of Bill Gates Success

Posted by Lex Fear on June 21, 2008

The BBC News has a gushing article and interview with Bill Gates on their site:

When these criticisms are put to Mr Gates, he says he finds it “ironic” that he could be accused of such a thing when Microsoft had “evangelised” its software to other companies, begging them “please write software for our platform”. – The Secret of Bill Gates Success

Is that why their new Silverlight (competitor to Adobe Flash) software won’t work on Linux?

I only ask because for some reason ITV has done a deal to make their programs available via streaming off their website using Micro$ofts Silverlight platform. Which means I can’t watch the latest episodes of Headcases online.

Channel 4 also has similar restrictions, due to their 4OD service only being available for M$ Windows OS’es. This is apparently due to their program makers insistence on using DRM. But why then show 1 minute clips of TV programs interspersed with 2 minute long advertisements between each clip? What really pisses me off about Channel 4 is their lying free-beer tagline “Free Catch-Up”. It’s not free, it’s DRM’d, so why call it free? Why not simply say “M$ Users Catch-Up” or “Programs Made Available for Download with DRM”.

Oh well I guess it’s back to Bittorrent for enjoying content that is supposed to be freely available for all to watch. Well done to ITV and Channel 4 for passively promoting piracy!

Hats off to BBC at least for making their i-Player stream on Linux. Or is it just hats off to government for pwning the BBC and forcing them to make it available for taxpayers?

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Posted in Bad Company, Copywrong, Profiteering, Technology | 1 Comment »