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| ▲ | yorwba 3 hours ago | parent | next [-] | | > if any pair of countries have conflicting rules then you simply can't expose your service to both Yes. This is also how physical products work. The internet makes it easy and the default to offer a service worldwide, hence also making it easy to get in conflict with the law worldwide. You have to pick and choose which laws to break, which laws to comply with by minimizing exposure, and which laws to comply with by making a tailor-made version for a specific market. | | |
| ▲ | iamnothere 3 hours ago | parent [-] | | You say this confidently, but this is merely one theory about how things should work. If I make a product in my country, where it’s legal, and a buyer purchases it from me and then brings it to you overseas where it’s illegal, and someone in your county tries to sue me for it, they are typically going to have a hard time. (Unless your country is powerful enough to violate the sovereignty of my nation.) In most cases, you accessing my website is more like this scenario. Intermediaries (ISPs) brought you the product. I simply offered it to anyone who came to my “store” (server). I admit that this dynamic changes if you directly pay me for something. Your framework implies that every social website needs to make a decision on whether or not users are allowed to insult the Thai monarch[0], and then must block access to Thais if they decide it’s allowed. In reality nobody does this, although they may choose not to put a server in Thailand if they are worried about it. [0] https://en.wikipedia.org/wiki/L%C3%A8se-majest%C3%A9_in_Thai... | | |
| ▲ | logifail an hour ago | parent [-] | | See also the UK's Online Safety Act and the UK's regulator Ofcom, which stated: 'Ofcom told the BBC: "We are aware of this lawsuit. Under the Online Safety Act, any service that has links with the UK now has duties to protect UK users, no matter where in the world it is based." A service doesn't have to be based in the UK to be subject to the act, and therefore face action from Ofcom.' The US-based lawyers for the services in question take a very different view.... | | |
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| ▲ | warkdarrior 4 hours ago | parent | prev [-] | | > I think, usually, in those cases it's that people believe the company did not really do anywhere near everything it could - it did the bare minimum it thought it could get away with then seemed shocked it wasn't enough to matter. Yes, and Quad9 could have done better in the German court case. At a minimum they could have asked users to register and provide proof of residency, and then could have ensured that their DNS service is offered only to registered users. | | |
| ▲ | crote 4 hours ago | parent | next [-] | | > At a minimum they could have asked users to register and provide proof of residency This would have been a massive burden to them, and (as we have seen from the ongoing data leaks) a gigantic privacy risk to its users. It would have also been a big overreach, as the German ruling would have mostly impacted non-German users. | |
| ▲ | zamadatix 4 hours ago | parent | prev | next [-] | | Let's take this level of user tracking for DNS would be accepted & fine by Germany as well as what folks were thinking was feasible for the company to do as a given, how does it prove the user+ip who registered is the user+ip who submitted the request instead of the place it got proxied? Or malware enabling the same? If you can solve this for me it would actually help a lot at work :D | | |
| ▲ | adrianN 3 hours ago | parent [-] | | Just shift the legal burden of ensuring that no unauthorized users use an IP to the legitimate user of the IP /s |
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| ▲ | necovek 2 hours ago | parent | prev [-] | | How would you imagine this could work? A recursive DNS resolver is identified just by an IP address for your system level DNS resolver to use (eg. in /etc/resolv.conf). Even if you assigned a random, secret IPv6 address for every individual user, they could simply share that with anyone else too. In IPv4, pretty much impossible. |
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| ▲ | warkdarrior 4 hours ago | parent [-] | | > These corporations are rent seeking monopolists. Like many Japanese companies, Sony is an intellectual property absolutist. The whole intellectual property space is pure rent seeking. Everybody wants name recognition and/or money whenever some text, code, image, or video they produced is used or remixed. It is pure rent seeking, from FSF to Sony to Metallica. | | |
| ▲ | 10111001 3 hours ago | parent [-] | | > The whole intellectual property space is pure rent seeking. Everybody wants name recognition and/or money whenever some text, code, image, or video they produced is used or remixed. It is pure rent seeking, from FSF to Sony to Metallica. If that's true, so is the private property space in general. But what you say isn't true. The "intellectual property space" is not pure rent seeking. If someone labors to write a novel, they're no less justified to get economic benefit from it than someone who labored to build an apartment building. Intellectual property critics have a tendency to throw the baby out with the bathwater. There are problems with IP, but those specific should be fixed through reform. | | |
| ▲ | betterunix2 3 hours ago | parent | next [-] | | Copyright has never existed for the benefit of authors, and anyone who authors a scientific paper knows this. Copyright has always benefited the publishing industry and was established at the request of publishers in the first place, after they lost the monopoly they had under the previous censorship regime (the "star chamber"). Authors receive at best a small fraction of the sales of their work and most authors never receive enough compensation to actually live on, hence the expression "don't quit your day job." At this point copyright is an obsolete system. It was set up at a time when large-scale copying required an industrial operation, and that is simply not the reality of the world anymore. We do not need to "reform" copyright, we need to build a brand new system that is more reflective of modern technology. Maybe that new system will actually focus on compensating authors as there is no need for a publishing industry, or maybe we will just accept that authors are not guaranteed any payment for their work and will have to make money some other way. | | |
| ▲ | 10111001 an hour ago | parent | next [-] | | > Copyright has never existed for the benefit of authors, and anyone who authors a scientific paper knows this. That's some bizarre logic: copyright predates the existence of scientific papers [edit: published as a for-profit activity dependent on copyright]. Why would the 20/21st century experience of publishing a scientific paper have any bearing on what it's always been? Scientific publishing is messed up because, unlike most other creative work, it has a different funding model (basically state patronage), which basically makes the publishers very profitable parasites. That should be addressed directly instead of abolishing copyright for all works. > Authors receive at best a small fraction of the sales of their work and most authors never receive enough compensation to actually live on, hence the expression "don't quit your day job." ... or maybe we will just accept that authors are not guaranteed any payment for their work and will have to make money some other way. That's more bizarre logic: "Authors don't get paid enough, so lets take away their rights so they get paid less." > At this point copyright is an obsolete system. It was set up at a time when large-scale copying required an industrial operation, and that is simply not the reality of the world anymore. Copyright was setup before the industrial revolution, so your statement doesn't make sense. Also, at least in some countries, its foundation is the moral rights of the author, not some argument about production. > We do not need to "reform" copyright, we need to build a brand new system that is more reflective of modern technology. Maybe that new system will actually focus on compensating authors as there is no need for a publishing industry, or maybe we will just accept that authors are not guaranteed any payment for their work and will have to make money some other way. You're throwing the baby out with the bathwater. It seems like you have gripes coming from a particular problem area (scientific publishing?) and are too narrowly focused on that. "I have this gripe, lets decommission this important legacy system, and then rewrite it completely from scratch!" is usually not a good plan. | | |
| ▲ | throwaway894345 an hour ago | parent | next [-] | | > That's some bizarre logic: copyright predates the existence of scientific papers Firstly, this isn’t true, but more importantly it doesn’t matter because the parent’s claim doesn’t depend on scientific papers predating copyright. The first scientific paper was Philosophical Transactions of the Royal Society, published in London on March 6, 1665 (or you can go back as far as Aristotle if you prefer). The first copyright law is England’s Statute of Anne (1710). | |
| ▲ | logifail an hour ago | parent | prev [-] | | > copyright predates the existence of scientific papers [citation needed] /s "Philosophical Transactions is the world’s first and longest-running scientific journal. It was launched in March 1665 by Henry Oldenburg (c.1619-1677), the Society’s first Secretary, who acted as publisher and editor. " https://royalsociety.org/journals/publishing-activities/publ... "Modern copyright law was invented on April 10, 1710, with the enactment of the Statute of Anne in Great Britain" https://en.wikipedia.org/wiki/History_of_copyright see also the U.S. Copyright Act of 1790: Signed into law by President George Washington on May 31, 1790 and the Berne Convention (1886) | | |
| ▲ | 10111001 an hour ago | parent [-] | | > "Philosophical Transactions is the world’s first and longest-running scientific journal. It was launched in March 1665 by Henry Oldenburg (c.1619-1677), the Society’s first Secretary, who acted as publisher and editor. " My bad. I edited out a "probably" I shouldn't have, and was writing based on the intuition that there were people working as authors writing plays and the like before you had people working as scientists. |
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| ▲ | adrianN 3 hours ago | parent | prev [-] | | This discussion probably doesn’t fit in HN comment boxes, but how would you a) motivate people to create without any form of compensation or b) create the artificial scarcity needed to force compensation for goods with essentially infinite supply? | | |
| ▲ | JoshTriplett 2 hours ago | parent [-] | | Among the various options: - Pay in advance, before the product exists. - Pay for early access that other people don't have. (Yes, in the absence of copyright, people could take the early-access version and share it with others. People already do this today, and that doesn't stop folks from continuing to be patrons anyway.) - Accept that the 0.0..01% case of absurdly popular works will end up making less money than they otherwise might have. Small price to pay for having a rich and vibrant ecosystem of people sharing things and modifying things. | | |
| ▲ | david_for_you 2 hours ago | parent | next [-] | | > Accept that the 0.0..01% case of absurdly popular works will end up making less money For books and music maybe the difference is not quite that big, but for games and movies these 0.0..01% cost so much more to make that they would definitely not get made if they made significantly less money. | |
| ▲ | johncolanduoni 2 hours ago | parent | prev [-] | | Nobody is stopping you from monetizing your own creative work via the methods you described without a publisher involved today. If those ways of getting paid would create a “rich and vibrant ecosystem of people sharing things”, why doesn’t it already exist? |
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| ▲ | 8note 3 hours ago | parent | prev | next [-] | | the labourer who built the apartment doesnt get a hundred year claim to economic benefit from that apartment though? are you saying that electricians should get a monthly rent fee from any circuit theyve touched? i think we can do just fine treating IP like other work - you pay for the creation of it, not the consumption | | |
| ▲ | 10111001 an hour ago | parent | next [-] | | > the labourer who built the apartment doesnt get a hundred year claim to economic benefit from that apartment though? > are you saying that electricians should get a monthly rent fee from any circuit theyve touched? My example was a simplification, so don't take it to literally. It's also worth noting that other property rights have no time limit. Except in China, whoever owns that apartment building can own it forever. | |
| ▲ | benibela an hour ago | parent | prev | next [-] | | >the labourer who built the apartment doesnt get a hundred year claim to economic benefit from that apartment though? they do if they build their own house and rent it out | |
| ▲ | necovek an hour ago | parent | prev [-] | | It's called copyright as things change when works are easy and cheap to copy. Replicating work of an electrician or builder is very similar effort to their original work. Making a copy of a novel or software program or art today is practically free. In case of work for hire, things pretty much work the same way already — company owns the copyright, except in some jurisdictions where actual humans keep "moral rights" and reserve the right to renegotiate the fee if the work produces disproportionate earnings (one cannot even transfer these rights away). But if you did the work out of pocket, how should it work? Any recipient could trivially and cheaply produce a copy and distribute it. If you do not get any exclusivity at all, others would profit a lot more and you'd get nothing at all. So in general, there are multiple things: * exclusivity lasts too long (I understand some motivation like supporting your children off it, especially if work only became profitable late in your life or in death, but you could have different mechanisms too — akin to moral rights, exclusivity could run from the moment it turns a significant profit like an average annual salary, and for a fixed, much shorter period after) * types of works which are utilitarian (like software tools) should have entirely different treatment * it should ensure both transferability and perpetuity of use (no licensing bullshit and your games/music are gone because our service does not offer them anymore) ... |
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| ▲ | psychoslave 2 hours ago | parent | prev | next [-] | | They are the same yes, except we don't have yet a technology to instantly copy whatever macrosized object ad nauseam like we can with intellectual work in digital era. If anyone could duplicate the whole universe at will, of course current human laws would all seem as silly as those covering random virtual monopoly on cognitive experience possibilities. | |
| ▲ | logicchains 3 hours ago | parent | prev [-] | | > If someone labors to write a novel, they're no less justified to get economic benefit from it than someone who labored to build an apartment building. They absolutely are, because an apartment building is a _rival_ good, as are all physical goods, meaning that you and somebody else cannot both own and use it at the same time. Intellectual property is a non-rival good, meaning if somebody else copies your song or story, you still have that song/story! It's a very different moral claim; the apartment is "I built it, so nobody should be able to take it away from me without paying", while the IP is "I built it, so nobody else should be able to copy it without paying". | | |
| ▲ | 10111001 42 minutes ago | parent [-] | | > They absolutely are, because an apartment building is a _rival_ good, as are all physical goods, meaning that you and somebody else cannot both own and use it at the same time. I don't think that distinction is as important as you make it out to be. Private property law allows individuals to own far, far more physical goods than they can personally use. If were going to talk about abolishing intellectual property, how about lets talk about abolishing private property too? Maybe replace it with some kind of active-use right. Anyway, lets destroy it first and work the details out later. /s |
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