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caconym_ 5 days ago

In other words, (for instance) you believe in the right of massive corporations who control the lion's share of consumer distribution channels to, on an ongoing basis, scrape all authored content that is made publicly available in any form (paid or not) and sell it in a heavily discounted form, without the permission of authors and other rights holders and with no compensation to them, while freezing out the "official" published versions from their distribution channels entirely. More generally, you believe that creators should create for free, and that massive moneyed and powerful interests should reap the profits, even while those same creators toil in the mines to support their passions which do evidently have real value, though it is denied to them.

You think this will make the world better? For whom? Or worse, for whom? Or you place the highest importance on having a maximalist viewpoint that simply cannot be argued with, because being unassailably right in an abstract rhetorical framing is most important to you? Or you crave the elegance of such a position, reality and utility notwithstanding? Or you feel the need to rationalize your otherwise unfounded "belief" that piracy and/or training AI on protected IP should be allowed because you like it and are involved with it yourself? Or you think ASI is going to completely transform the world tomorrow, and whether we get Culture-style luxury gay space communism or something far darker, none of this will matter so we should eat, drink, and be merry today? Or some hybrid of that and a belief that we should actively strive toward and enable such a transition, and IP law stands in its way?

What is it? I've seen some version of all of these and frankly they are all childish nonsense (usually espoused by actual children). Are you a new species?

EvanAnderson 5 days ago | parent | next [-]

Not the OP, but I believe very strongly that once an idea has been expressed it should be free for others to build upon and share. That's how ideas work, naturally.

All of human culture is derivative. The current legal regime stifles human expression and makes it impossible for creations to ever be shared in a reasonable human timescale.

To state it in an arguably hyperbolic manner: The "moneyed interests" you're railing against exist because of the current scheme of "intellectual property". They reap virtually all the benefits of human intellectual toil in the system already. Wiping away their stranglehold on the market would be a good thing for creators. Taking away the legal framework their existence is predicated upon would do that.

The copyright industry's influence on social norms, including the massive shift of the social contract in favor of their interests ( functionally infinite copyright terms, attacks of fair use, plundering the public domain to sell it back, works being lost forever because they are "orphaned", etc), all seems natural to you because they want it to be that way. The concept of someone "owning" an idea, which seems perfectly normal to you, was taught to you by people who want the world to be that way, not because it's some natural law. You've been conditioned to believe it your entire life.

I would prefer a fairer system to burning it all down, but the needle has moved so far away from fair that burning it all down seems pretty satisfying.

caconym_ 5 days ago | parent [-]

> Not the OP, but I believe very strongly that once an idea has been expressed it should be free for others to build upon and share. That's how ideas work, naturally.

> All of human culture is derivative. The current legal regime stifles human expression and makes it impossible for creations to ever be shared in a reasonable human timescale.

In the context of copyright law, this is absurd. Fair use exists and it generally isn't even required to "allow" artistic and cultural influence to propagate. If I want to write a sci-fi novel that is heavily influenced and arguably even derivative of my favorite work of some other author, I am completely free to do so---i just can't copy it wholesale. Established fair use doctrine is certainly subject to criticism and future reform, but in a much more nuanced scope than you are applying here.

If you're talking about patents, that's a different conversation. But based on context, that isn't the conversation we're having here.

> burning it all down

Generically, this is another common suggestion from people with naive viewpoints and little or no relevant experience and/or exposure. Notably, people said that about both of Trump's presidential terms to date. I will let you make up your own mind on how that is going for us.

edit: I should also mention that literally every working artist I've talked to about the prospect of abolishing IP law is vehemently opposed to it.

EvanAnderson 5 days ago | parent [-]

I wish I'd written "...derivative creations..." in that sentence, but heat-of-the-moment being what it was I did not. Having said that, I believe the scope of an infringing derivative work is a lot broader than you are suggesting.

Finding success defending a derivative work on the basis of fair use, particularly if the derivative work is itself financially successful and derivative of a work "owned" by a rights holder with deep pockets, doesn't seem to be very easy in today's legal climate. It certainly doesn't take "wholesale" copying to attract the attention of a rights holder, either. Heck, with the music industry it doesn't take any copying at all to end up losing a lawsuit.

I'll cite the Tolkien or Marvin Gaye estates as good examples among many. I, too, believe it's a ton more nuanced than how you're characterizing it.

> Generically, this is another common suggestion from people with naive viewpoints and little or no relevant experience and/or exposure.

I said "I would prefer a fairer system to burning it all down...". I even qualified my writing as hyperbolic. It seems disingenuous that you'd choose to belittle and make unfavorable comparisons, given both of those statements.

Characterize my viewpoint how you will, but my viewpoint isn't "burning it all down". I will admit that indulging in a little daydreaming about morally repugnant rights hoarders getting what they deserve is fun, but it isn't realistic or productive for society. A fairer system, enabled by shorter copyright terms and better handling of "orphan" works, would be the right thing and what I wish for. Just like I said.

> I should also mention that literally every working artist I've talked to about the prospect of abolishing IP law is vehemently opposed to it.

Well, yeah-- of course they would be opposed to such a vast, sweeping change. It would be madness if they weren't.

The interesting conversation to have with working artists would be about reducing copyright terms, and how that would both "cost" them in potential lost revenue but at the same time free them from the specter of potential litigation and, at the same time, open up vast tracts of public domain work they could build upon.

caconym_ 5 days ago | parent [-]

If you don't actually think IP law should be outright abolished, your viewpoint is of a totally different species than that of the person I originally replied to, and we probably agree on more than we disagree on---in particular that the system is arguably biased toward, and certainly heavily abused by, moneyed actors.

Believe it or not, there really are people who think literally deleting all of IP law is the right thing to do, and it is my honest belief that my first comment in this topic is in reply to one of those people. I appreciate your clarification of your viewpoint (and the appeal of a fantasy in which we Stick It To The Man by cutting off the hand that grips Mickey Mouse and other beloved IPs by the throat), but I hope you can see why I read your comment as I did, especially in the context of what I was replying to.

> The interesting conversation to have with working artists would be about reducing copyright terms, and how that would both "cost" them in potential lost revenue but at the same time free them from the specter of potential litigation and, at the same time, open up vast tracts of public domain work they could build upon.

I am 100% in favor of reducing copyright terms. I'm not sure I've ever talked to somebody who isn't—I suspect I'd have to talk to a corporation-as-person to find that viewpoint in the wild.

constantcrying 5 days ago | parent | prev [-]

>In other words, (for instance) you believe in the right of massive corporations who control the lion's share of consumer distribution channels to, on an ongoing basis, scrape all authored content that is made publicly available in any form (paid or not) and sell it in a heavily discounted form, without the permission of authors and other rights holders and with no compensation to them, while freezing out the "official" published versions from their distribution channels entirely. More generally, you believe that creators should create for free, and that massive moneyed and powerful interests should reap the profits, even while those same creators toil in the mines to support their passions which do evidently have real value, though it is denied to them.

Yes.

(Obviously there is zero point in corporations doing this as costs are near zero and competition for this infinite. Right now almost all art is available for free, it is just illegal.)

>You think this will make the world better? For whom? Or worse, for whom? Or you place the highest importance on having a maximalist viewpoint that simply cannot be argued with, because being unassailably right in an abstract rhetorical framing is most important to you? Or you crave the elegance of such a position, reality and utility notwithstanding? Or you feel the need to rationalize your otherwise unfounded "belief" that piracy and/or training AI on protected IP should be allowed because you like it and are involved with it yourself? Or you think ASI is going to completely transform the world tomorrow, and whether we get Culture-style luxury gay space communism or something far darker, none of this will matter so we should eat, drink, and be merry today? Or some hybrid of that and a belief that we should actively strive toward and enable such a transition, and IP law stands in its way?

I think it will marginally improve the world. I am not training any AIs though.

Could you consider what abolishing IP laws would do to the average YouTuber. Exactly nothing. Their content is available for free, they support themselves without selling their art directly. Loosing rights to their art would have zero impact on them, as their monetization works without it. Sponsoring, direct support, advertisement is enough to make many of them wealthy.

caconym_ 5 days ago | parent [-]

Thank you for affirming your position!

> Obviously there is zero point in corporations doing this as costs are near zero and competition for this infinite. Right now almost all art is available for free, it is just illegal.

This is incredibly naive. You grossly underestimate the grip massive media corporations with essentially unlimited marketing budgets and total control over mainstream distribution channels have over how the vast majority of consumers consume media. And, to whatever extent you think piracy being legal will change that, either way you've completely destroyed individual creators' ability to even partially support themselves with their work, unless...

> Could you consider what abolishing IP laws would do to the average YouTuber. Exactly nothing. Their content is available for free, they support themselves without selling their art directly. Loosing rights to their art would have zero impact on them, as their monetization works without it. Sponsoring, direct support, advertisement is enough to make many of them wealthy.

...Unless you force them all to be social media personalities and marketers first. Unless you think YouTube and its ilk can carry art and culture forward alone (as "content", of course). Unless you want to live in a world where art of original substance is no longer produced, a hall of mirrors in which YouTubers endlessly inter-react and beef and soy face. You may very well think that sounds great, but I think it sounds fucking terrible.

constantcrying 5 days ago | parent [-]

>...Unless you force them all to be social media personalities and marketers first. Unless you think YouTube and its ilk can carry art and culture forward alone (as "content", of course).

How much do you think I am paying an artist hen listening to their songs on Spotify 1000 times? Every album they ever made, dozens of times. The answer will surprise you!

Already every single musician has to be a personality and marketer. There is no other way to make money. You can not finance yourself by the rights to your music, right now.

Only a very select group of artists has any kind of real revenue from the rights over their music. The rest is already using other channels to profit, which are not protected by IP.

caconym_ 4 days ago | parent [-]

As much as you might think cherrypicking examples like Spotify (and characterizing them poorly, besides) supports your point, I don't think it's going to be practical to enumerate every single source of sales, royalties, and other fees paid to artists in aggregate.

So maybe you'd like to state, for the record, that all those sales, royalties, and other fees—in aggregate—are so small as to be meaningless and insignificant to those who receive them? It's staggeringly wrong, but at least then we'll know where we stand.