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lp4v4n 2 days ago

In the past, many developers were against copyright law because they saw it as a way for big corps to stifle competition and curb creativity in order to increase their profits. A lot of people right now invoke the violation of the same copyright law because the tide has changed and now companies, by ignoring copyright law, are hurting artists/smaller companies and/or not contributing back or unlawfully closing the code in the case of GPL.

I don't see any kind of hypocritical stance here honestly. All this time the criticism of the enforcement of copyright law or now the lack of it just reflects the fact that some people are genuinely concerned that bad actors(big corps) are using the law to damage society in order to pursue their own interests.

program_whiz a day ago | parent | next [-]

Correct, and for some reason America has gotten to an "over legalization" state where every concept has to filter through a legal system in order to be good / bad. I think that's where the matter comes from. Pedantic legalists insist that everyone couch their ideas in a rigid set of legal statutes.

"But you just said that an individual should be able to use copyrighted works. Therefore you should have no qualms with a legal individual (corp) utilizing every copyrighted work in the world to destroy society, as nothing they are doing is illegal under your rubric."

The reality is most humans operate from a more natural and intuitive sense. A single artist who made a song shouldn't be destroyed by the big corp that is stealing it for their own profit (e.g. Elastic vs. Amazon). But its hard to interpret this in the strict legalist sense, because in the US, law is setup to make corps/people, money/speech, art/product, all hard to distinguish, and generally doesn't give much affordance to "what the law reasonably meant" when challenged by corporations (but it does seem to be applied quite conservatively for individuals).

For example, data protection laws tend to be applied quite loosely to corps with slaps on the wrist and stern words. For individuals, accessing data you shouldn't can mean the rest of your life in prison. People feel this is unfair, but the legalists will use a bunch of reasoning to excuse the clear immorality.

Its definitely "using the intellect and words to override correct human moral intuitions."

znnajdla a day ago | parent [-]

This is exactly why some legal systems are intentionally not codified in language, i.e. the Qadi system. There are no laws, there are only mutually agreed upon judges who adjudicate between parties who bring a complaint. Every case is different and there are no set of rules that can cover every edge case. Programmers of all people should know this.

N_Lens 2 days ago | parent | prev | next [-]

The law (and the system/society) generally serves capital, instead of humans.

That's why big corporations can both use copyright against smaller companies and individual creators, while also ignoring the same copyright laws when it suits them.

I think this is unjust. As we see capital concentrate, we see more injustice as the power balance becomes more lopsided. This isn't good for anyone, not even the super wealthy because it undermines the stability of the whole system upon which their wealth depends.

Borg3 a day ago | parent [-]

And why you think all the big boys push for ML, LLM, AI? To cut off the middle class. Once stuff will work automagicaly, they can squish even more profits while not caring about middle class at all. They will just ask automatas to do things for them... Great bright future...

palmotea a day ago | parent [-]

> And why you think all the big boys push for ML, LLM, AI? To cut off the middle class. Once stuff will work automagicaly, they can squish even more profits while not caring about middle class at all. They will just ask automatas to do things for them... Great bright future...

To be fair, I don't think "the big boys" are so actively malicious to be seeking "to cut off the middle class." I think they push for "ML, LLM, AI" because they've made investments and see dollar signs, and they just don't care about about who is harmed or what kind of damage they do. There might also be an element of seeing the bad outcome as inevitable, and selfishly focusing on ending up on top after all the disruption vs trying to prevent or mitigate it.

Don't get me wrong, that's a terrible attitude and those are awful people. They get no points for merely not being a cartoon villain. But I think it's important to understand the situation correctly if anything's to be done about it.

strogonoff 4 hours ago | parent | prev | next [-]

Developers in the past were strongly for copyleft. The promise of copyleft is how we got all the great software that underlies the Internet today, starting with Linux itself.

The fact to keep in mind is that, despite what the name might suggest, copyleft is not at odds with copyright! The core feature of copyright is having a degree of control over what you have authored, and copyleft is ingeniously using copyright to prevent corporations from just taking open code, volunteer contributions, and modifying and using it for profit without giving anything back to the community.

Death of copyright would be the death of copyleft.

observationist 2 days ago | parent | prev | next [-]

Well, no, not really - there's no "they" in general. Copyright law is constructed by design for large institutions, lobbying, case law, and attendant legislation allow it to be abused by data hoarders. It was never built to protect individual creators or authors or artists, despite the PR campaigns and marketing for it.

There are just companies big enough to ignore those institutions for which copyright law was created, like Google, etc, and the fair use exceptions Google carved out empowered AI companies to make similar moves. To an extent.

What's hurting artists and smaller companies and various licensing schemes intended to push back is the fundamental structure of the laws.

All copyrights need to be nuked and replaced. If we want to support individuals and maximize protections of individuals, and we want to disincentivize data hoarders that do nothing but recycle old content and IP in perpetual rent-seeking schemes, we should implement a 5 year copyright system.

The first 5 years, you get total copyright, any commercial use has to be licensed explicitly, fair use remains largely as it is now. From year 6-10, fair use gets extended - you have to credit the creator, pay a 15% royalty direct to the creator, but otherwise you can use it for anything. Year 10-20, you must credit the creator, but otherwise the media is in the public domain.

We should be pushing for and incentivizing creative use of data, empowering as many people as possible to use it and riff on it and make the culture vibrant and active and free from centralizing, manipulative actors.

99% of commercial profits come from the first 5 years after any piece of media gets published - book, music, film, artwork, etc. Copyright should protect that, but after that 5 years, things open up so the price you pay in order to participate in the marketplace which the US fosters is that your content thereafter becomes available for use by anyone, and they have to pay a fair markup for the use. You don't get to deny anyone the use of the media. You'll get credited, paid, and then after 10 years, it's public domain + mandatory credits, kinda like an MIT license style. After 20 years, it's fully public domain.

Throw in things like "if you're not paid the royalty, you can sue for up to half of the total revenues generated by the offending work" or something appropriately scaled to prohibit casual abuses, but not totally explode someone's life over honest mistakes, and scale between the two extremes accordingly.

Things like Sony and Disney and Hollywood studios are evil. They're effectively data cartels and hoarders, rarely producing anything, gatekeeping access and socializing, imposing obscene contracts on naive artists and creators, exploiting everything and everyone they touch without returning concurrent value to society. They don't deserve consideration or protection under a sane copyright system, especially in a world with gigabit internet everywhere. Screw the MAFIAA and all the people responsible for things ending up like they have.

Until then, pirate everything. If you feel an ethical obligation to pay, then do the research and send some crypto or a $20 bill in the mail to the author or creator. All sorts of people have crypto wallets, these days.

tzs 2 days ago | parent | next [-]

> 99% of commercial profits come from the first 5 years after any piece of media gets published - book, music, film, artwork, etc.

Many songs make far more profits when they are featured in popular movies or TV shows decades or more after their first publication than they do in their first 5 years.

It is also not uncommon for songs released before a future big star becomes a big star to make much money (or even lose money), but when they become big people their early work sells.

RiverCrochet 16 hours ago | parent | next [-]

> Many songs make far more profits when they are featured in popular movies or TV shows decades or more after their first publication than they do in their first 5 years.

Pop culture has to contend with two things that strongly work against its broad memetic power: social media bubbles, and the ease at which someone can scroll or flick up and not give even 1 full second of attention to something they are not immediately in the mood for.

Social media companies make billions per year, they aren't going anywhere. So nothing's going to change any time soon.

So this means trends don't stick the way they used to. The 10 or 20 year pop-culture nostalgia cycle isn't going to be a thing in the next generation.

lstodd 2 days ago | parent | prev | next [-]

I think the point is that copyright should not be exclusively about publisher's profits from big stars.

watwut a day ago | parent | prev [-]

> Many songs make far more profits when they are featured in popular movies or TV shows decades or more after their first publication than they do in their first 5 years.

Oh common. There are few songs like that. Not nearly "many". You are talking about super small subset of songs and humans profiting from these ... and the profiting humans are not even necessary the artists who created these.

patrick451 a day ago | parent | prev [-]

If I create something, I should get to dictate how it is used not just until I die but for eternity.

account42 a day ago | parent | next [-]

Why? What do the rest of us get out of going along with your demand?

patrick451 6 hours ago | parent | next [-]

After you have owned a car for five years, can I come steal it?

freejazz a day ago | parent | prev [-]

The thing, which would have not been created otherwise. Why pretend like you didn't know that?

account42 11 hours ago | parent | next [-]

We often only get the thing for a limited time period after it is lost forever because copyright has prevented the thing from being archived.

A lot of things that are copyrighted would have also been created anyway, often by multiple people, because there is an actual need for them to exist or an inherent human drive to create them. We have been creating things, both with practical applications or as art, long before we had copyright. And with the ability to effortlessly copy works at effectively no cost we do (or would) have an ever increasing library of them which reduces the need to encourage even more creation than what would happen anyway, especially when the cost of that encouragement is not only excessive but ends up impeding many creative endeavors.

freejazz 4 hours ago | parent [-]

>We often only get the thing for a limited time period after it is lost forever because copyright has prevented the thing from being archived.

That's not inherent to copyright, though copyright does grant the author the power to control distribution of its work. Nevertheless, it all eventually becomes public domain.

>A lot of things that are copyrighted would have also been created anyway, often by multiple people, because there is an actual need for them to exist or an inherent human drive to create them.

Such as?

> And with the ability to effortlessly copy works at effectively no cost we do (or would) have an ever increasing library of them which reduces the need to encourage even more creation than what would happen anyway, especially when the cost of that encouragement is not only excessive but ends up impeding many creative endeavors

That's a lot of words but nothing actual. Do you think you'd see David Lynch movies if there was no copyright? What do you think the world today would be like if there was no copyright? Some sort of magical world where authors create for free, without any regard for the finances required to do so? It's a bit ridiculous.

RiverCrochet 16 hours ago | parent | prev [-]

> which would have not been created otherwise

Claim not supported. You haven't established that absolutely no one else could create the thing. People create things all the time under such liberal conditions as public domain, so having dictatorial power over a thing is not a necessary condition to create it.

freejazz 4 hours ago | parent [-]

Your claim isn't supported either.

> People create things all the time under such liberal conditions as public domain

And people are free to, even under the duress of copyright. What's the problem there?

What was the last movie you saw?

salawat a day ago | parent | prev [-]

Don't have kids. For their sake.

strken 2 days ago | parent | prev | next [-]

It is also true that in the present, many developers are against copyright law, and in the past, many condemned the violation of the same copyright law because it protected artists and smaller companies. Not the same developers, necessarily, but many were and are on either side.

You'd really need to put some numbers on "many" for there to be a substantial observation here, because it could mean any figure in a huge range.

raincole 2 days ago | parent | prev [-]

All this time it has been just simply anti-(mega)corporation. When mega corporations take one side, people's moral standard shift to the other side.