Abandon All Fear

What nobody else seems to be saying…

Posts Tagged ‘mafiaa’

[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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[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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