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Microsoft

Piracy vs. Privacy: MP3, Microsoft And Real People 165

Pragmatic reader Crashnbur contributed the below piece, his own take on the world of fair use and software. If you've ever burned a CD of MP3s, you may find yourself in the same philosophical boat -- or you may think that increasingly narrow copy-restricting licenses are the greatest thing possible for software (and music, say) under freer alternative licenses. I'm not sure that software and music licensing are quite this parallel at all, though, or that Microsoft really doesn't mind consumers playing musical upgrades, even on their home machines.


Napster, Mp3s, & Burning CDs

I download MP3s. I burn MP3s to CD. I do not burn complete albums to CDs; I buy those, but I love to make compilation CDs. I also love the inserts and lyrics and stats on the band that come with purchasing a CD; nothing can replace that. Is that so dishonest?

I don't see what I do as so horribly wrong. I buy about three CDs per month, and I use about two BMG subscriptions per year, so I am legally purchasing between 30 and 50 CDs per year, which is a very significant portion of my income. (College income sucks, you know.) Before MP3s, I bought maybe ten CDs per year, but I made about the same amount of money.

Hmm. What's going on here? Could it be that my interests have changed? I think not. I've always loved music, and I've always had the money to buy it. The difference is, now that MP3s make it possible to hear music that horrible local radio stations would never allow me to hear, I am exposed to literally hundreds of different bands and scores of styles of music that I wasn't before. I find out about new stuff that isn't played locally, I download a few singles from the album -- and if it's worth buying, I somehow find the CD and buy it. If the album sucks, but one or two songs are good, I'll download them to my hard drive and possibly burn them to a CD of random songs that fit into that "like the song, not the album" category. Is that so wrong?

The Napster issue has been blown way out of proportion, and the music industry (read: RIAA) is only in it for money. CDs are overpriced as they are, and the price is only rising, yet people are buying more and more!

Conclusion: Napster has not only not hurt CD sales or the music industry, but I would also argue that Napster has even helped the music industry by allowing millions of users a much greater exposure to music in general, thus the increase in CD sales. Sure, CD singles sales are bound to drop, but with full albums and MP3 singles, what's so bad about that? We're not screwing them over; the music industry is screwing itself. And they're not the only ones.

The Windows milleu for real people

I never buy a brand new OS, ever. They are severely overpriced, and only businesses with their business budgets can really afford to buy them. What I do is buy Windows OSes that are a little over a year old, usually, and I get them pre-installed on a new system.

  • August 1996: bought a Pentium 166 with Windows 95.
  • September 1998: bought a Pentium II 300 with Windows 98.
  • August 2000: bought an Athlon T'bird 800 with Windows Me.

Note that each of the above systems were fast for their time, but not the fastest, and Windows wasn't brand new (except perhaps Me) when I bought the systems, so I got great performance for decent prices.

However, when Windows 95 began to destroy my 166, I upgraded it to Windows 98 using my 300's Win98 disc. And when my dad took the 300 back in September (he let me have the fast one; yay!), he upgraded to WinMe using my system's disc. We have spent several hundreds of dollars for Windows on each computer, why should upgrading and duplicating our newer OSes be considered wrong in any way? We have paid for the products that we have. We have three Windows OSes and three systems. Let us configure them how we like. I don't think Microsoft has a problem with that.

Upgrading an OS should not cost $80, or even $40. If I buy Windows Me, and Microsoft brings out Windows Me2 [heh] a year later, a very minimal fee or no fee at all should be required to upgrade to Me2. This is already somewhat implemented through Windows Update online.)

And applications? Some applications can be priced at up to $600 for a single CD. As if someone of college age has $600 to spend on a CD. I suggest that some of these applications drop in price -- like down to $60. There we go!

Closing Arguments

WPA (Windows Product Activation) is not a bad thing. It is meant to protect Microsoft's investment in its own endeavors. Microsoft is a software developer (among other things) and has the right to implement such a feature on their own software. When we have cold, hard proof of abuse of such features, that is when we should lash out in defense. Until then, let's not get bent out of shape over hypotheticals, okay?

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Piracy vs. Privacy: MP3, Microsoft And Real People

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  • by Anonymous Coward
    And applications? Some applications can be priced at up to $600 for a single CD. As if someone of college age has $600 to spend on a CD. I suggest that some of these applications drop in price -- like down to $60. There we go!

    What a shame. Your analysis of the music industry was right on the money. But this? This is just naive rambling. The $600 applications are generally the low-volume products. If an application costs $600,000 to write, and only has a worldwide market of 1,000, how much do you expect it to cost?

    If you want an application that costs $600, that's a good incentive to get a job, isn't it? ;)

  • by Anonymous Coward
    Just wanted to note that most software that is truly expensive (aka the 600-3000+ range) is usually meant for business distribution and use only. The price of an OS should be low however, I must agree with that, but can you beat free? Go download a distrib of Linux and burn it and there you go, cheap and good OS.
  • It doesn't matter what the license says, unfair is unfair. When I am prevented from installing software to a new computer, even after removing it from my old computer, I consider that unfair.

    Unlike you I do use Windows, which puts me in a good position to complain. And please spare me the tired "you don't have to buy it" falsehood. You do have to buy it if you want to run or develop certain kinds of software.

  • WPA (Windows Product Activation) is not a bad thing. It is meant to protect Microsoft's investment in its own endeavors. Microsoft is a software developer (among other things) and has the right to implement such a feature on their own software. When we have cold, hard proof of abuse of such features, that is when we should lash out in defense. Until then, let's not get bent out of shape over hypotheticals, okay?
    I strongly disagree on this point. WPA is a bad thing for a simple reason: it will not stop the pirates, so the only thing it accomplishes is to inhibit the actions of ordinary users.

    People who assemble their own computers or otherwise purchase naked PCs may benefit from installing their copy of Windows XP to their new machine. Assuming the machine has no major parts in common with the old one the user will need a new activation code. At best it's an inconvenience, at worst you may be denied a new code.

    WPA also prevents users from installing the product to two computers in the same household, unless Microsoft agrees to give you two codes.

  • I think what the guy is saying is that a little bit of piracy never did anyone any harm---least of all the recording/software companies. There is a huge and (for obvious reasons) unacknowledged gulf between what M$/$ony [insert your favourite IP "robber-barons" here] say they want (in court) and what they actually want (as evinced by, say, their internal emails). Short-term, small-scale piracy often leads to long-term, large-scale sales, but no one must ever admit this in public.

    When WordPerfect was the wordprocessor it suited M$ for wage slaves to copy their work Word disks onto their home machines. M$ gained no market share from this, but they did gain mindshare. As Word becomes the dominant product it makes sense for M$ to go in heavy. Once 100% of the World's population use IE, and M$ start charging for it, expect half-men-half-spare-part baldies with gratuitous LEDs and a taste for black clothing to come round to your place in a cube-shaped winnebago (sp?) and ask you why you don't want to, er, "get with the program".

    Similarly, when you're an up-and-coming metal outfit hampered by embarrassing Scandinavian musician=ABBA associations you're only too grateful when people start bootlegging your demos. Later on, when you need a fjord to store your royalties, maybe your outlook changes somewhat...

  • This is, after all, a free market.

    The operating system market is most certainly not a free market. It is a monopoly market [usdoj.gov].
  • This is called piracy and it is illegal.

    Quite frankly, who gives a flip if it's illegal? I break laws all the time! Do I always obey the speed limit? Of course not! No one does! Did I obey the sodomy law (back before it was repealed in this great state of Georgia)? Hell no! (I am gay.) Illegal does not imply immoral. In Georgia it is illegal for individuals to import alcohol into the state. This law was drafted by a Georgia legislator who also happens to run a liquor store. It doesn't take a genius to realize what's really going on there.

    And as for your cute "Plz die thx" comment. Do you realize that this idiotic statement invalidates everything else you say? You may have had a valid point but if you're going to ask people to die, then you're going to get rightfully modded down as a troll.

    This whole "music piracy" thing reminds me of a truth that needs to be repeated:

    Corporations do not have a right to profit.
  • WPA is a bad thing for a simple reason: it will not stop the pirates, so the only thing it accomplishes is to inhibit the actions of ordinary users.

    Gun laws are a bad thing for a simple reason: they will not stop the criminals, so the only thing they accomplish is to inhibit the actions of law-abiding citizens.
  • For one, it doesn't matter how many CDs you purchase a year it doesn't justify pirating ANY amount of other music.

    Why is is that "music piracy" is so reviled as an evil action while the actions of the music industry, one of the most immoral industries out there (next to the software industry) is hailed as "providing a valuable service"?

    Sure, CDs are overpriced and that's not good but you are still depriving the artist of their well deserved income. Buying 30 CDs a year doesn't mean anything to an artist whos CD you -didn't- buy.

    Artists do not have a right to make money, much like corporations do not have a right to profit.

    Without the RIAA, how the hell would any amount of artists got where they are today?

    This is an ad crumenam [gsu.edu] argument.

    All governing bodies have some amount of evil, and it's easy to overlook the good when all you care about is what they are depriving you of (free music).

    I believe that music, like software and information, should be free. How much do you charge for something that can be duplicated infinitely at nominal cost?

    What makes you think that Micorosoft should give away upgrades to their software, simply because you personally gauge the price to be too high? I know it's a fair whack, but to think that you are getting all that product (consider the developer's time that went in to making this stuff) and you just think you are welcome to free upgrades? Try that at your local car dealer...(I hate to use that analogy.. but everyone else seems to relate to it all the time...). And then, you go on to say that WPA is not a bad thing and it's Microsoft's right to include it. Two faced?

    Not at all. Microsoft is a monopoly [usdoj.gov]. They have to play by different rules.

    Everyone's entitled to an opinion I guess, but this is clearly just a college kid that's pissed he doesn't get enough pocket money. Hardly ground breaking news Tim.

    Yes. Opinions are like assholes: everyone has one, and they all stink. But there are larger issues at work here, work like monopoly power and freedom. This is hardly about poor college kids whining about not getting free stuff.
  • New laws which regulate economy? You must be kidding. The single most threatening phenomenon to a free market currently is not laws or governments -- it's monopolies.


    --

  • My brains initial response:
    How'd this crap get onto Slashdot's front page?

    Ok anyways..

    Am I the only one who makes use of the extensive 30 second audio samples from such major online retailers as CDNow etc?

    Whenever I want to hear what a song/artist sounds like, I goto CDNow and listen to the sound clips. If CDNow doesn't have the sound clip, I just search for the artist on Google. You're always bound to find it somewhere. And this is perfectly legal.

    I've found indie rock artists tend to post track samples on their websites. Independent labels tend to always have audio samples. The latest mass-produced pop can be heard if you just turn on the radio.

    MP3s are the last resort for me when it comes to previewing tracks. There are a wealth of resources out there which people do not take advantage of.

    [insert replies below thread from bitchy linux users about how they can't listen to these audio samples because they all use "proprietary codecs from satan". ok - that's a valid argument]
  • I'm pretty sure that wasn't my point, but thanks anyway. I don't agree that there is an absolute need for MP3s to be available, even if music is currently hoarded in the hands of rich white guys (although some heavies in the recording industry are black too, you know). The reason that I don't think the "stolen property" think would work is because copyright law really is much different than laws governing physical property. I think you would have to have a special law about "being in possession of materials distributed in a manner infringing on copyright", and to my limited knowledge no such law exists. But this is quite the forum for me to get corrected about that :)

    Caution: contents may be quarrelsome and meticulous!

  • Not quite. Copyright is being infringed by those who are making unauthorized MP3s available, not by those who download them. I won't even get into how copyright infringement isn't piracy (although you're correct that it's called piracy). You could make the argument that MP3 downloaders are receiving stolen property, but since copyright infringement isn't exactly stealing either, I don't think the analogy really works. AFAIK, there is no law that specifically applies to downloading the results of someone else's copyright infringement.

    Although if the author then allowed those MP3s to be re-shared by Napster, he would indeed be guilty of copyright infringement.

    Caution: contents may be quarrelsome and meticulous!

  • I think the analogy stands - in both cases, one is using a product for which the creator is not being compensated. Stealing is easily justified to oneself - but, as I'm seeing in this thread, very difficult to justify to others.

    Huh? How is copying songs stealing? Stealing means, by definition, taking something away from someone else (when he doesn't want you to).

    Making a perfect copy of something is not stealing -- the "owner" hasn't lost his original.

    Really, don't get sucked into RIAA-think. Words like "pirating" and "stealing" -- they really don't mean anything when you're talking about copying something. It's just PR people dreaming.

  • > it is monumentally disrespectful to copy
    > someone's work without just compensation

    Think about how often you repeat someone else's words, use someone else's ideas, improve someone else's ideas, ad infinitum. If we're going to try and make property out of ideas, then we're going to bring human progress to a halt.

    Bottom line: musicians will find a different way to make money; they always have. But ideas -- expressed as songs or as words -- cannot be property, and attempts to shoehorn them into becoming property will ultimately fail.
  • The only problem with this arguement is that in the license agreements (which, in Canada anyway, are separate from the regular ones), you are not allowed the use the product for commercial use; it is for 'learning and demonstration use only'. So, it may free (as in cheap) but for what we are usually discussing, it ain't legal.

    I think the theory behind this is if you're using it for commercial use you're making money - and if you're making money off their product, you should be able to afford to pay the full price for it. So this limitation seems perfectly reasonable to me...
  • indie labels, haha. Jive and No Limit are both owned by BMG. and Snoop didnt found No Limit, Masta P did.
  • i'm not exactly sure myself, but if you check on cdnow, and check a few no limit cds, the record label is listed as BMG/JIVE/NOVUS/SILVERTONE/let=M [cdnow.com](for instance Mystikal). I don't know what the hell that means, but it might be because that cd might manufactured and distributed by one company, and copyrighted by No Limit.
    Another thing I noticed on indie albums is that if any artist from another label collaborates with an artist from the indie (which happens basically on every hip hop cd), the track info in the cd insert will say "appears courtesy of (label) Records". The major labels control indies on many levels. . .
  • For one, I'm not an American.

    For two, I never said they represent the artists interests I said that without the RIAA a lot of artists probably wouldn't have gotten as far as they have today. Would the record industry be so large? Would they be able to offer as many contracts (even if they are shit)?

    And finally, please explain how it is -not- piracy. 3 out of 3 things wrong doesn't make for much of a retort.
  • I'm sorry, but I have to bite at this...

    ...Most software companies that make productivity software simply grit their teeth and ignore the individuals with pirate copies - for the most part. It's the businesses with site licenses that they need to worry about. One company is literally hundreds and thousands of dollars in revenue.

    It's well known by me that Microsoft go to great lengths to buffer the entire costs of software production and distribution from the consumer. Yes, Office might cost a lot of money however the average home user that pirates it is -not helping the cause-. If everyone paid for their software, it just might get cheaper. Sure, not many people will agree ("Microsoft is a tyrant! They'll charge what they like!" they will shout).

    Take the Australian dollar as another example. Microsoft bore the brunt for the declining dollar for some time until it got point where they just had to increase costs. They set the rate at 65 US cents or something and it stayed there while the AU dollar fell down to as low as 55 cents before adjusting. I give them kudos for absorbing even more costs than needed to help keep software affordable for us here.

    And yes, the businesses spend shit loads more than consumers do on software so they are likely targets for piracy inspections... but I think it's also because it's much easier to nab them. Imagine how hard it would be to bust the average indiviual. You need a search warrant to enter the house, while with a business you can just get the BSAA or someone to audit them. It's not financially viable to go after the individual.

    One last note, I agree... more of the Windows "updates" could have been released as point releases as per your example. But, I urge you to look a little further behind the scenes at the updates to many APIs and system code that comes with the updates. It doesn't look like much on the surface, but I know how much work goes in to each update and it's quite substantial.

  • Back when they were trying to ban porn from the internet (I think that one has been safely won), I read an article in '.NET' magazine here in the UK. It said that although the major emphasis was on the web the real place to clean up was USENET.

    Napster is really bad for downloading whole albums. It can take weeks to find all the tracks when they are not on a single machine. You are also limited to CDs you can find a track tisting for.

    The RIAA should be supporting Napster over the web based alternatives. Take a look on some of the mp3 d/l websites. There are full albums up for immediate download at rates the max out my half meg cable connection. These websites have releases sometimes months in advance and are directly stopping CD sales on those titles. Where Napster encourages CD sales the web harms them.

    The RIAA has forced Napster to an unusable state and in doing so made a much more damaging medium the choice of many.
  • Thank you. That was the argument that I wanted to make, but for some reason (I think I'm upset by Douglas Adams' passing) that it was pretty much just all swear words, and I chose to not post it.

    Perhaps it may be time for Slashdot to invest in some training for their editors. Just a couple of classes on how essays should be structured and how to use a style guide might help prevent such nonsensical stuff as this from being published on the front page.

    I understand they're not journalists, and I really don't have a problem with that, but there are some really basic things that they could do to prevent train wrecks like this from happening on the front page.
  • The problem is, which Dells were you dealing with? I used to work for Dell, and not all Dells are equal. The older Dells (pre-97) were not as easy to work on as the current series.

    The Business lines, like the Poweredge and Optiplexes are a b*tch to upgrade. They are highly propriatary, much on the order of a Compaq. There's a reason for this. Most businesses want it that way. That way, their employees don't bring their ElCheapo motherboard/proc/memory/etc to work and exchange it with the good Dell one in their office machine. On the other side, the cases are engineered for quick, easy extraction of all components. This is so the IT staff doesn't have to spend thirty minutes replacing a motherboard, they spend five. Of course, if you've never dealt with one, it takes a bit to figure out all the tricks -- and every model of these machines has different tricks.

    The home lines, the Diminsions, are basic ATX motherboards and cases. They are designed so that you can continually upgrade without having to go back to Dell to buy specialized components. The cases are roomy, easy to work in, and usually have extra bays. I've never experienced any problems upgrading these machines with whatever parts I pulled off the shelf.

    The only reason I didn't buy a Dell the last time I bought a computer is that they wouldn't sell me a computer with the T-bird processor.

  • then why doesnt he just exert his CONSUMERNESS and not buy what he thinks is too expensive.

    use LaTeX? want an online reference manager that
  • i see your point. i dont think the author of the "article" really reads eulas. i say this because he thinks microsoft is ok with him paying for an oem copy of windows me and putting it on more than one computer.

    back to the point. for students this is good because they can expose themselves to more software and familarize themselves with it. once they get out and get a job they will have more disposable income and can pay the full price for the software if they want. if they dont think it is worth it there are plenty of lugs out there to hook them up with linux and i would assume bsd has the same types of groups. if it is important for thier jobs many companies have site licenses. if you had to pay for it yourself i would assume you can write it off on tax day (pure speculation of course :)).

    use LaTeX? want an online reference manager that
  • by gimpboy ( 34912 )
    you still shouldnt use something that is free as in speech in my opinion.

    oops. should have been

    you still should use something that is free as in speech in my opinion.

    use LaTeX? want an online reference manager that
  • That is, I find myself going out and buying a cd as a direct result of downloading a song off napster. I don't download whole CD's. The few CD's which are on my computer in their entirety I ripped myself from my own collection. I find that the ratio of mp3's from CD's I don't have to mp3's that I've gone out and bought the CD's to be steadily decreasing. In my collection there's three types of songs: those that I own the CD, those that I intend to buy the CD, and those that I wouldn't ever buy anyway (like Vanilla Ice, or some crappy song you get just "for old time's sake" :-)). So, personally, my mp3 downloading habits aren't a financial risk to the RIAA at all. If nothing else, they've increased the number of CD's I've been buy (as evidenced by the growing stack of CD's on my desk that I'm too lazy to put into the CD wallet). I'm sure I'm not the only person for whom this is true.
    The RIAA really should utilize the Internet rather than fight it.

    -------------------------------------------
    I like nonsense, it wakes up the brain cells.
  • they're not necessarily bitching about the price of cd's just to justify their actions.

    i know that i have bitched, a lot, about how much cd's cost. in fact, if one examines it, it's ludicrous and price-inflated.

    my argument, however, which i still stand by, is when i see a cd by a major artist that retails around $5 or $6, i will happily not download any songs from that cd off of napster, and go out and buy it, if i like the artist.

    before napster, there was no alternative to getting digital music. now that there is, people can complain, and with a purpose. perhaps if the riaa would listen to those complaints, then napster would not be such a concern.

    however, they are choosing to blatantly ignore their consumer base, which is a bad idea. the reason that they're doing it, though, is the fact that, before napster, they grew used to telling people what they liked, instead of having terms dictated to them, which is the correct model for consumer interaction.

    but it doesn't matter anyways, because the government is stepping in to protect the rights of the businesses from the big, bad consumers. admittedly, they're resolving the problem because it's a copyright issue, but it is more than that. the riaa could've done this themselves, if they truly had their survival as the bottom line.
  • "Don't take your business elsewhere."?

    this is one of the cornerstones of the capitalist market. trying to play by non-capitalist rules in a capitalist market is like trying to play baseball when everyone else is playing football. what would you suggest people do? use microsoft, with all its bugs and sheer crap, for ease of use? wouldn't that mean that you were "part of a maching, however . . . useful it is"?

    you understand, somehow, that the problem with the capitalist market of today is that consumers can be controlled, that they will buy whatever is put in front of them when they have money in their hands. however, it was not always thus. people used to shop for the best product they could afford. people did not buy a $2000 (or comparable before inflation) item just because it was a fad - they bought it because it would serve them, and serve them well.

    however, the reason why this is, which goes beyond people who aren't smart enough not to be controlled, is that the law is on the side of the glutton. people who cannot truly run a business, but can make laws work for them, will be able to make their business survive.

    the true fight, as you say, will come through the law, through the destruction of any economic hold the government has. until then, consumers will be controlled. however, refrain from giving anyone any advice beyond that statement, because you're not trying to be capitalist, in our capitalist market.
  • representative democracy doesn't work. i think that we all know that (forgive me if this is an incorrect assumption). candidates lie, cheat, and steal, and on the national level, you don't even know 90% of the time.

    so, i don't how you can suggest that one should find a candidate to stand behind. state legislators, most of the time, are unwilling and/or unable to enact breathtaking legislation, and the only person with consistent media exposure, the president, doesn't have enough time to listen to everyone's concerns. but, like i said, both lie anyways.

    it wouldn't be possible to pull the law out of government, but it seems like the best alternative, to me. then again, as you say, you have to deal with the corruption which underlies business owners and the practices to which they will revert to "force" consumers to buy their products.

    in other words, it seems like corruption and getting screwed by the polical or economic system is a given. though, i hate to say that. it seems like there should be some system under which people wouldn't try to cut corners and screw other, decent people.

    at any rate, the law, as far as i can tell, isn't changing any time soon. the deck is stacked, and they're holding all the cards anyways. i guess the solution is to go buy a plot of land in montana, grow your own vegetables, and destroy any record the government has of you.
  • Average person doesn't understand copyright, sounds exactly like the kind of thing required to get rid of the stupid law. Stallman calls for reduction, and I agree, but slow reduction must eventually lead to absolution, because copyright does not serve its purpose and people like this guy just dont want it.
  • Taking a physical thing leaves the owner with nothing.

    Taking a copy of something does not affect the owner physically

    They are different things, but this is not to say that copying does not diminish the original's economic value. Unfortunately, IMHO, the days when an artist could make a recording and make oodles of money are coming to an end. Oh, there will be protracted court battles for sure, but the writing is on the wall. Recorded music will simply become an advertisement for live performances, or at the best have very short lived economic value at the initial release.
  • . I hate the RIAA, too... because it's acting like some lawmaking body, and it's not.


    This is a democracy, and you did in fact cast your vote when you bought that latest Destiny's Child cd...
  • Argument by anecdote... now THAT's persuasive.

    *snort*

    I'd think that the rather large drop-off in Napster usage since their filtering began hints strongly that an AWFUL LOT of people there were "abusing" it -- IOW, either sharing or downloading stuff that's blocked, much of it probably copyrighted pop music...
  • Whether or not the RIAA profits from your infringement is, actually, irrelevant as to the determination as to whether it IS infringement.

    And perhaps you'd like to enlighten the world as to how the RIAA *could* use the Internet? Keep in mind that there are, er, technical difficulties in getting people to pay for easily duplicated-and-distributed content. And masses have shown that they ARE willing to infringe on copyrights, suggesting than an "honor system" approach is probably doomed as well...
  • Plus, they also often offer site licensing for entire educational institutions. Companies like it when a university's willing to fork over a lot of money for software, and if that means lots of students required to use it for a class (and thus with more experience with that versus a competitor's program), so much the better.
  • What the RIAA does when it overcharges is NOT robbery; after all, you're not forced to buy CDs at inflated prices. Now, what they appear to have done is price-fixing -- but that's not robbery, that's collusion, and it STILL doesn't force you to buy CDs. You buy of your own volition -- in contrast to infringement, where you rip off a company and they have absolutely no say in it.

    If you don't want to pay excessive prices for CDs, you're not required to buy them -- but neither do you have some mystical right to their content.
  • Hello:

    [Snip]
    I find out about new stuff that isn't played locally, I download a few singles from the album -- and if it's worth buying, I somehow find the CD and buy it. If the album sucks, but one or two songs are good, I'll download them to my hard drive and possibly burn them to a CD of random songs that fit into that "like the song, not the album" category. Is that so wrong?
    [End Snip]

    I believe that it is wrong to download an mp3 of a song from a band to which you do not own the cd. If you own the cd, then this is just fair-use. One may ask why I think it is against the law to download an mp3 of a song if you don't own the cd, to which I respond: It is stealing. If you download an mp3 of a song and you do not own the cd, then you are stealing intellectual property from the owner, be it the band or the record company. It's nice that you, Crashnbur, like to preview music before you buy it, and that you find this "service" exceptionally helpful: however, it should be the bottom line of the record company or the band who made the music to have the last word on whether or not to let their music be available on the Internet in mp3 format or otherwise. Heck, if a band wanted to have 1/2 of its new cd available online for preview, there's absolutely nothing wrong with that. If, however, there is a band or record company that does not wish to have its music available online, what is wrong with that? Don't they have a say in their creation? In the end, it is the decision of the band or record company and not the individual user as whether or not the band's music should be online, regardless of whether it is for preview purposes or otherwise.
    Rajiv Varma
  • Hello:

    DeCSS and the DVD CCA is a whole 'nother matter, of least to me. I don't believe I had a license agreement with DVDs or their hardware outside of the habitual "this cannot be rebroadcast, ect." on the backside of the DVD case. Also, just because I have a link to DeCSS does not mean that I can't follow other types of contracts or licenses.

    I found a link backing up my interpretation of the Microsoft license at http://nsit.uchicago.edu/msoft//terms.html.

    [The following is a snippet of the page, not the whole text]

    You may install the software on your machine for use while at the University of Chicago for school/work purposes - use of the software for other activities is a violation of the terms of this license. You DO NOT own the software; rather, you have a "right to use" the software while your eligibility is still valid. When your eligibility is no longer valid, you must cease use of the software covered under this agreement. You may use the products on personally-owned computers at home as long as the home computer is used regularly for University purposes and there is a legitimate copy of the software on a university-owned computer at work that is available for your use. This software is being provided for your use only, and the right to use it does not extend to the other members of your family or household.
    Rajiv Varma
  • "Stop rationalizing and start respecting intellectual property. It is becoming increasingly important as more and more people's labor results in nothing but intellectual property. Not treating intellectual property with respect similar to that accorded physical property undermines the future. The more we respect intellectual property, the more of it will be available for us to enjoy and use at reasonable prices."

    This is _seriously_ debatable. You are overstating things ridiculously. IP is not _alienable_: as the distribution costs drop to next to nothing, the inherent value of IP drops as well. In the future, IP as such will mean nothing. What IP says about what you are able to create will mean everything. It will be a 'record club' world where, just like RIAA 'record clubs', you get nothing whatsoever out of the distribution of your IP (you _are_ aware the artists get nothing from those?) except for the publicity in an increasingly competitive battle for people's attention.

    Furthermore, it's astonishing to see anyone on this side of the year 2000 blithely state that "The more we respect intellectual property, the more of it will be available for us to enjoy and use at reasonable prices". Have you been paying any attention at all to the increasingly crazy world of patents and IP rights? It is absolutely self-evident that there is a limit to how much we should respect intellectual property. We may disagree on where that limit is, but to suggest that 'more respect' is always better is astonishing and deeply questionable. In effect, it completely discounts the idea of social benefit and a public domain. This is unacceptable thinking.

    Before you characterise Napster as handguns and copying as theft, you had better look at record clubs, promotion, and ask yourself how much the record company pays to proliferate and publicise musicians through those means, versus how much (0$) the record company pays to have listeners swapping tunes over Napster while paying the bill for the networking themselves.

    If you object that the record company controls the former and does not get to control the latter... then you're getting very close to the real issue... but also close to the long history of record company involvement with the Mafia and organized crime, in exerting this control over radio and other media. You see, it's not necessarily a good thing to have that kind of control...

  • Heh. Twisted but true...

    It's a peculiar sort of mindset that insists, "This $600 CD has the same value as this $600 computer!" when a buck's worth of plastic and cyanine dye can perfectly duplicate the former, and it'd take years of labor and piles of electronic parts to perfectly duplicate the latter- if you even could, I don't think I could build computer PC boards from scratch.

    God help us when we manage to invent the Star Trek Replicator: owning one will be punishable by death. So you want to use it to replicate soup to feed your family? NO SOUP FOR YOU! :P

  • Yes, most college students can't afford $800 for a product such as Mathcad professional.

    They should price it at like 1/6th that cost, like maybe $130!

    Then maybe students could afford it. They'd learn to use it and when they graduated they might be inclined to suggest the company they work for buy it.

    Oh wait, these companies already offer educational pricing...

    But it's still a good argument for why they do it!

  • I strongly disagree on this point. WPA is a bad thing

    Yep, I'm with you. It doesn't affect me in the slightest. I don't use windows, and if a windows app doesn't run under Wine, I don't use it. But for the general (and for the most part, ignorant) population, it's a nightmare. They're not aware that their rights are being eroded and the things they used to do in the past (quite legitimately, as fair use) they will no longer be able to do. The worst bit is, they won't even become aware of it until it's too late.

  • But RIAA and similar organisations do a lot to show that if you don't buy their CDs then you are a marginal, an outlaw, a freak, a antisocial abortion. Come on! You know how millions of kids are poisoned by MTVs and radio stations to buy another major singer or run for another major hit. And tell me, under these hunts after mp3.com and similars, which somehow supported independent artists, what are the remaining alternatives? Everyone needs society and society demands that you go for Manchester United, Barcelona or Chicago Bulls. Noooo, of course you are free to choose. But are these things really a choice? After I saw two member meetings at a major european club I just stopped seeing soccer at all. It is too disgusting. And that makes me an alien...
  • Stop playing the "good citizen" game ok? You perfectly know that we are dealing with companies who are far from being ethical. Your argumentation even shows this. You mention "overpricing". Now Mr. "Good citizen" please tell me who they overprice? The all-abstract miserable consumer? No, they overprice what I, you and Tim buy. And you perfectly know that they do not overprice for the cents but over the dollars. And this income usually does not go to artists pockets but to those of their "protectors": record companies and agents.

    Frankly your comment is the typical face of that mirror that RIAA and alikes try to put on the consumer. Yeah, well CDs are overpriced but it is bad to pirate them. So RIAA and Co. can rob me and other consumers by the millions of dollars, but I should go to jail to for making an unauthorised copy costing a few dollars... XXI century Charles Dickens somewhere?

    Spaniards also claimed that gold can be only of their own, but pirates should be hanged... If England had accepted such rule of the game, then the USA would be speaking spanish today. And it would have been name EUA.
  • You actually have the only right that matters. The right that copying can be done. Without a law, or disregarding the law, it is.

    That law is trying to control natural behaviour.

    Who the hell do they think they are to regulate the actions of the people by calling upon the government and their backing of deadly force?

    Copyright law is a TRADE between the 'people' and the 'producers', saying that we offer them protection (which they could not expect otherwise) in trade for them producing things which we get limited access to for a while, then the full NATURAL access to.

    Every idea is based off of other ones. Nobody is where they are today truly on their own. They didn't invent the language they use, the insturments they use, these are all ideas they get from the rest of society, for free, so why do they have the right to forbid other people access to their ideas?

    They don't. If they don't live up to their end of the bargain, as the people wanted it, and they bribe politicians to pass stupid copyright extensions, they lose the right to claim anything. Copyright is mutually beneficial, or was. If it stops being that way, why should the people still be bound by it when the producers aren't?

  • so QUIT CALLING IT PIRACY. It's "bootlegging". Are you shilling for the surface cargo industry or the RIAA? You're distorting the debate by using terms that have nothing to do with the actions at hand.

    Furthermore, RIAA does NOT represent artists' interests AT ALL. They represent record companies, and they buy legislation that HARMS artists (see the "work for hire" rider in the Satellite Home Viewing Improvement Act). These are the people that, by locking up the market as a cartel, demand onerous contracts in exchange for "access" to the payola market, without which an artist gets no coordinated radio exposure and no career. While it may be ethical to pay for music, the balance of evils clearly favors cutting the RIAA members out of the deal.

    Why are Americans these days such unquestioning tools? Mama's-boys don't keep a free country free, and you sure aren't helping.

    -jhp

  • what kind of stuff do you have? email me if you want to trade.

    use LaTeX? want an online reference manager that
  • I suggest that some of these applications drop in price -- like down to $60. There we go!

    ms offers most of their applications to students via educational discounts. not that i want to pimp off ms or anything, but if you are a student you can get (or could get when i used ms stuff) visual studio, office, etc. for about $100 each. here at university of pittsburgh they have a deal with ms. you can walk into any computer labs flash your id and walk out with office, vstudio, windows upgrades, and some other stuff. so the point is that it can be really cheap for students-free (as in beer) for some and still legal.

    you still shouldnt use something that is free as in speech in my opinion.

    use LaTeX? want an online reference manager that
  • ah, but there is another facet of the capitalist system which you are missing - the ability to create your own toy, with your own rules.
  • Hey - why the hell would anyone want to buy a cramped POS HP, compaq, etc system?

    The damn cases are cramped, a bitch to work with, the power supplies are crap, limited upgradibility etc.. etc..

    This is definitely true of the "consumer-grade" stuff these companies put out, but don't lump Vectras and Deskpros in with Pavilions and Presarios (and Brios, which are rebadged Pavilions for the most part). The business-grade stuff is somewhat better. (Nothing beats building your own, unless you need to send a computer a couple thousand miles to a remote location. If it breaks on the other side of the country, it's cheaper to call IBM, Compaq, or whoever and have them send their people out than to hop on a plane and fix a homebrew box.)

    Dell still has some credibility in my eyes, they have really nice cases, and fairly decent boards.

    You must be joking. Back when I fixed computers for The Man [bestbuy.com], I always dreaded taking in Dells. I got the impression that they took whatever seconds Intel had that week and slapped them together into something that resembled a computer. Upgrading them and fixing them was a cast-iron b*tch compared to nearly anything else. I would rather have worked on Packard Bells...at least they didn't pretend to be high-end, and if you worked on enough of them, you could figure out their quirks and deal with them reasonably well.

  • Darn, I thought this was gonna be about that funny show NBC used to have in the late '70s.

    Boy you could just cut the sexual tension between Sarah Purcell and Skip Stephenson!

  • Sound redundant? It is as is most of the comments on this whole Napster/RIAA issue. AgentX argues Napster is good AgentY argues it's evil.

    I use Napster to often find the names of a song because I expect to buy the album and I want to be sure that I'm buying the correct album so I don't look like an ass or a thief returning it (thief being the record store is likely to hink I bought it burned it and am now returning it... I live in a big city)

    So why should I not be allowed to look for songs in this method? I'm sure there are a slew of others who use Napster for similar reasons, adding validity for the uses of Napster. The whole argument is beginning to become a waste of time because when the shit hits the fan, no one is listening. Coincidently record sales have increased and not decreased since the inception of Napster.

    Could it be that more people actually are using the same methods I described, hearing a cool song on Napster and buying it? Its possible but we'll never know, since the RIAA is now attempting to create its own Napster-style service for those that don't know, which is an underhanded method of calling a criminal a criminal when your doing the same shit, so any arguments can be rebutted with ease when you look at things from all perspectives.


  • Out here in NY the big stores mainly have a sampler setup so whatever is there is what you get to hear. Sure some of the other ones will let you hear certain songs if they're best sellers, provided they'd play the cd in rotation because its popular, but when you buy imports it's a no no, they'd give you every excuse in the book
  • It's their decision to make -- what's more important to them, time or money? And, of course, whether or not they *need* the upgrade in the first place -- and the answer is not an automatic yes.

    And even if they go the Linux/BSD/etc route, nothing says that the effort has to be done by themselves.
  • Hello:

    Did you read the license agreement that your University / College had to sign? I attend the University of Chicago, and we, too, have an educational agreement with Microsoft. However, before I thought about buying software, I took a look at the license that our computing organization put out about it. According to the license, if I were to buy the Microsoft software using via this educational agreement, I would be forced to give back the software at the end of my undergraduate time here! Long story made short: I decided not to purchase the software, even with the drastic markdown in price. Make sure you read all of the pertinent licenses.
    Rajiv Varma
  • In 1992 Congress passed the Audio Home Recording Act to (and this is off the RIAA site [riaa.com]) "ease access to advanced digital audio recording technologies". Isn't that exactly what we are doing? I am much like Crashnbur, I am a college kid, who's music purchases has gone up simply because we can hear music that the commercial radio stations aren't playing. I buy ~30 cds a year, I rip them, I burn them to MP3 CDs, and I take them with me. Isn't this exactly what Congress foresaw? I think this is, or at least should be, well within our "fair use" rights.
    -OctaneZ
    "I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones."
  • I agree. Why is this an article? At first, it sounded like a troll, but later in the text it just sounded like a college kid trying to get moral absolution to pirate software and download music.

    According to the "submit article" thing, there are 162 articles in the queue, and this gets posted?

    Hey Crashnbur, among the people who decide what becomes an article on Slashdot, whose ass do you have pictures of?
  • I can't believe Slashdot refuses to run a lot of very newsworthy pieces, but they publish this crap.

    I don't agree with the author at all, but I've seen much better essays that actually gave decent, well thought out arguments for these positions rather than the "I can't afford [insert application here], so therefore it must be overpriced" nonsense this person is offering.
  • when they go to the local chain store, not only will they be forced into the latest upgrade, but also not be informed of alternatives (Linux/BSD/etc) to the package they have signed into for their great rebates to afford their new toy.

    This is ludicrous. When I go the local chain, they have numerous copies of various flavors of Unix on the shelves next to the Windows OS.

    Average people like me don't buy Linux not because it's not available but a) it doesn't have the application support I need and b) it's still too complex to install/maintain for a desktop OS.
  • my god man! Someone who understands a free market economy! Copying music / software is *PRICE COMPETITION* in a monopoly market.
  • God help us when we manage to invent the Star Trek Replicator: owning one will be punishable by death. So you want to use it to replicate soup to feed your family? NO SOUP FOR YOU! :P

    You'll be able to ahve them but you'll have to pay a royalty to the campbels soup consortium ... :)

  • Good idea, but probably more likely the case that N'Sync is on the indie label Jive and Snoop is on the indie label he founded, No Limit.
    The other artists you mentioned are on major labels (RIAA members).

    It's probably true that artists (well let's face it, companies) resting on their back catalogs have the most to fear from Napster. But in the end I think society is better off if artists actually create art to get paid.

  • Can you send me a link that backs up what you're saying?
    Jive claims to be "part of the Zomba Group of Companies which is the world's largest independent music company" on their website, which oddly enough is hosted on getmusic.com, which is owned by Universal. But the MAXIMUMROCKNROLL "Who Owns Who" chart puts them under BMG as you suggested.

    However, all the references to No Limit I can find on the web connect them to Virgin, which would put them under EMI/Capitol. One would think if they were owned by a major they could afford a better website, though. And you were right about it being P, not Snoop.

    Thanks for setting me straight. Records labels are some fucked up shit, you know?

  • Although this law seems somewhat draconian at first sight, no one actually needs to use copyrighted software anymore, given the many options in open source software.

    Sure, it takes some training and study in order to install and maintain a really useful open source computer. And that is the true worth of commercial software: if you are unwilling to spend time studying in order to be able to install and use open source software, then you should pay for someone to sell you a computer with pre-configured software, or for self-installing software that don't need all that "tar xzvf file.tar.gz; cd directory; ./configure; make; make install" stuff.

  • RIAA exists to protect the recording studios primarily

    True. Compare what artists get from live presentations to what they get from recordings, and you will see that it's the recording that brings the cash rolling, not the performance itself. The dream of every musician at the start of his/her career is to record a song. So it's fair and reasonable that the recording industry gets the lion's share.

  • The only problem with this arguement is that in the license agreements (which, in Canada anyway, are separate from the regular ones), you are not allowed the use the product for commercial use; it is for 'learning and demonstration use only'. So, it may free (as in cheap) but for what we are usually discussing, it ain't legal.
  • The companies can't do without the programmer. They will have nothing to sell. However, the college student can do without the CD. There's always something else available for him. Supply, meet mr. Demand. Watch him go away if you cost too much.
  • First off, excellent article - it's a bit like preaching to the converted, but nonetheless, a solid bit. A few things though:

    Napster has not only not hurt CD sales or the music industry, but I would also argue that Napster has even helped the music industry by allowing millions of users a much greater exposure to music in general, thus the increase in CD sales. Sure, CD singles sales are bound to drop, but with full albums and MP3 singles, what's so bad about that? We're not screwing them over; the music industry is screwing itself. And they're not the only ones.

    True enough, but it's also just as easy to preview music using cdnow, amazon, etc - any of the online shops with streaming audio versions of the albums. It's also cheaper, if you decide to buy anything.

    And applications? Some applications can be priced at up to $600 for a single CD. As if someone of college age has $600 to spend on a CD. I suggest that some of these applications drop in price -- like down to $60. There we go!

    You said you're a college student - as long as you're still enrolled, you're eligible to purchase academic versions of software for about 50-75% off. Photoshop 6 is around $250 that way. I personally use micromaster (here [micromaster.com]) And not everyone needs photoshop ;)

    -arbitrary
  • Looks like someone is just figuring out the practical applications and implications of ethics as far as their personal life goes.

    However, they are careful to dance around inconsistancies, as well as nicely avoiding actually taking responsibility for anything wrong that they might be doing themselves.

    The result is a pleasant mishmash of fractured logic.

    The problem not spotted is that there are several layers and levels of non-ethical behavior here on the part of all concerned.

    You have

    • the business and marketing practices of MS. In a perfect world, MS would get fair exchange for their work and their products, and they would not see possible independance from the MS as a deathly threat to them. The flaw in the MS model is that anyone who is getting ahead who is not under their control is viewed as a threat, or a competitor. MS talks about the danger of competition. The problem here is that a number of MS flacks take this to the level approaching paranoia.
    • As above for MS, but instead insert the recording and film industries.
    • The individual patron of the arts and of computer products, has the ethical problem of how to deal fairly and rightly with business that have adopted some of the mafia mentality, and who have bought the law makers so that ripoffs are considered fair business practice under the law (the copyright act, etc)
    It is no consolation that under innumerable religious systems such people, no matter how much they explain away their deeds and misdeeds, condemn themselves to any number of the commonly described hells, many of their own making.

    It is also very inviting to go ahead and go along with the petty ripoffs, because the system has been set up this way. And many common actions have been suddenly made illegal under this abusive system. this is a trap by itself.

    The real ethical quandry lies in not recognizing the ethical trap that has been sprung. and then, to step into it, and then to explain away everything you are doing because of all thos bad men over there.

    The real ethical solution is to recognize the trap, not step into it, and to then work with others to make a better system that is truly fair and not booby trapped for the benefit of the greedy.

    Check out the Vinny the Vampire [eplugz.com] comic strip

  • But this is the Recording Industry Association of America, not the Recording Artist's Association of America. RIAA exists to protect the recording studios primarily, and as a side effect, it sort of protects the companies' artists - from everyone except the companies themselves, that is.
    Spot on! It's important to remember that industries produce product. Mass-distributed music is a commodity, in much the same way DRAM is. But while DRAM has a wide distribution base, and has naturally sought a market-determined valuation (i.e. it's become pretty damn cheap), mass-music is controlled by a chokepoint of 5 companies in collusion. Thus the value stays artificially inflated through the artificial scarcity created by the distribution model.

    We, the listeners and "consumers" of music, suffer. Where I live, the top 19 FM radio properties are owned by 3 companies. (Infinity owns one, the rest are split between Capital Cities and Clear Channel) The situation has degenerated to the point that I simply cannot listen to radio anymore. There are only 4 stations that aren't explicitly oldies or c&w. And of those 4, 3 are Urban Pop and the fourth plays 80% old material while screaming that it's committed to "new music, new names".

    It's not a coincidence that the lead singer for Coldplay sound like Dave Matthews. It's not chance that the recent Train single sounds like Hootie and the Blowfish (albeit with a full string section... ish!).

    It's gotten so bad that I was actually going to write a (paper) letter to the PD of the last remaining listenable station. Only, in web-searching for her name, I turned up an interview on the Gavin site where she was discussing the consequences of aiming "downmarket" in the station's demographic. She shrugged off the upmarket attrition as a natural consequence. It left me seething.

    Triple-A stations are all aiming for post-teeners. There are no more progressive stations. Listeners like me are completely disenfranchised and the industry simply doesn't care.

    </rant>

    Sorry... this has been pissing me off for a while, and I just had to get it out.

  • If the average user is able to send email to Aunt Ethyl with the mess-that-is-Outlook, then these same people should have no problem using, say, Kmail (KDE's included email client).

    Crashnbur is hardly the dunce of a user that you describe. Just by reading his rant I can see that: he downloads, he burns CDs, and he actually cares about computing upgrades. The high-priced software he speaks of is likely development software. He should have very little difficulty trying out Linux on his desktop. I think my suggestion to him was valid.

    -Justin
  • by iomud ( 241310 )
    Can we not use UCITA to our advantage, claiming that we were nearly forced to purchase Windows under duress? I'm sure that wouldn't bode well with the DOJ. We had no choice at the time of purchase of a new system to say "I'd like that operating system you sell over there on the shelf instead, yes I'll pay for it." I'm not talking ordering out of a catalog I'm talking retail where a whole heap of computers get sold. (I build my own systems btw)
    • While the RIAA may be protecting a large income, they do also happen to stand for a lot of artists

    Huh? The RIAA is the paralegal arm of the recording/distribution companies. They don't give a rat's arse about artists, and most artists whore away the copyright of their tracks to their publishers. The issue is We the People vs five publishing megacorps.

  • At my institution, they carry the products for $5 a CD. Visual Studio 6 came for $25 total, almost everything else (including win98 through winMe and win2k) was $5 for the single CD. Its quite shameless, really, the agreement is intended to push the students into the MS sphere (this is espcially obvious since Visual Studio has become the standard with which C++ and most other programming is taught here), since the students will demand certain tools they are fluent in once they enter the workplace.

    Even worse, all these products, it turns out, are stamped with my SSN/Student ID to uniquely identify anything I've purchased through them as my responsibility. Even so, the deal was too good to pass up... I wouldn't have been able to do my coursework without it.

  • This is what i've been saying all along about Napster. MP3s are great, and i have a lot of them, but they will never replace the real albums. I have 160 CDs, which means i've paid (doing a bit of averaging) about $2000 for cds... oh, did i mention, that before i began using Napster, i had about 12?

    Sure there are abuse cases.. anyone can abuse anything. But this doesn't mean that EVERYONE freeloads! Down with Generalizations! :)
  • Conclusion: Napster has not only not hurt CD sales or the music industry, but I would also argue that Napster has even helped the music industry by allowing millions of users a much greater exposure to music in general, thus the increase in CD sales.

    It doesn't matter whether you burning MP3's onto a CD, or using Napster, helps or hurts the music industry, despite what Lars says. That's not the issue. The issue is: Are artists / programmers / whomever allowed to create a product, and then distribute a product as they see fit. My arguement is yes. If artists don't want their art used for something, even if it promotes their cause, they should be able to restrict it's distribution to what they want. For instance: If a painter creates a picture of a landscape or something, and sells the images as prints, for a price... can't he build some sort of license agreement, whereas if you purchase this picture, you promise not to photocopy and distribute it?

    The problem is, it is very easy now to duplicate art... and all the artists are saying is, "let us control how it is used. We made it, after all" ... I hate the RIAA, too... because it's acting like some lawmaking body, and it's not. But I support people who wish to sign their art over to companies to help sell it. I support people who work hard and want a fair market, where their work won't be stolen or used without their consent. I don't think that I'm being unreasonable.


  • "I am exposed to literally hundreds of different bands and scores of styles of music that I wasn't before."

    Better for the industry to buy, own, and pimp a small number of BubbleGum androids. Hoes cost money you know, do you want to put all those Indi groups on YOUR payroll? You can only consolidate so much though, then your alternative bitch becomes mainstream pop, and you have to go find a new Insane Clowne Posse to sell out and make money for you.
  • by Anonymous Coward on Saturday May 12, 2001 @11:36AM (#227298)
    If this darling young thief's inept attempt to justify his actions left you a little dissatisfied, then perhaps you'd like to read something that's about as completely different as possible. In the other corner, weighing in with the weight of careful consideration of both the historical roots of copyright and other IP as well as a keen understanding of the changes of the last few decades to the context in which those laws and regulations exist, we bring you Richard Stallman on Copyright and Globalization in the age of computer networks [mit.edu].

    Anyone who really prefers the self-serving whining that the doubtless noisome slashdottie wrote... well, I pity y'all, okay? Now run along and go ferment in the street like good trailer park trash.

    How they can imagine that they'll ever grow up to be good coders with such sloppy habits of thought...

  • by MadAhab ( 40080 ) <slasher@nospam.ahab.com> on Saturday May 12, 2001 @01:27PM (#227299) Homepage Journal
    There's a big exception to this rule; Adobe Photoshop. It's expensive. The usual way to handle this is to make a much cheaper version with the one or two features removed that separates the professional use from individual use. For example, the differences between NT Workstation and Server fall into this category.

    Adobe, however, has done an unusually terrible job of this. The smart thing to do would be to remove the fine color control needed for professional printing. Those of us dumping photos to our inkjets wouldn't give a crap. The second smart thing to do would be to remove really slick controls for reducing image size, to separate out the web developers. They didn't do these things.

    Instead, they ignored the first smart thing, and screwed up the second smart thing (first by putting it in a separate product, Image Ready). Instead, they've produced special Adobe Photo Extra Lite Dumbass Express for Losers products that get bundled with other apps or products (like digital cameras). I'd be surprised if those are really profitable. So Joe College wants "real" Photoshop so that he can actually do something cool. So he pirates it, making Photoshop one of the most pirated products ever.

    And once someone makes an Aqua port of The Gimp, Adobe will have lost the best way to make millions instead of losing them. Hell, the Gimp has better JPEG export control than I remember using on Photoscrap. Screw that, I'll use The Gimp.

    A bit more on-topic; the direction XP is etching in stone for Microsoft isn't all terrible, but a few years from now, OS X has the ability to make Windows seem like a very, very downmarket product. Trailer park computing.

    This is more likely if Apple does two things; hustle to get games out on OS X, and be very, very nice to developers. Which pretty much comes down to the same thing; be very nice to developers. Keep decent developer tools available for free or damn cheap. Don't make crazy power plays with them by keeping it clear what is part of the OS and what is free territory.

    Boss of nothin. Big deal.
    Son, go get daddy's hard plastic eyes.

  • by brianvan ( 42539 ) on Saturday May 12, 2001 @11:48AM (#227300)
    The article starts with a very good, yet oft-stated point about mp3s and Napster. That is, the only reason why the RIAA could possibly be upset at the habits of mp3 users is that they're obsessed with gouging us as much as possible... mp3 files don't reduce album sales, they simply help people avoid bad purchases (and sometimes help them make better ones too).

    Then he rants about MS and their OS pricing policy - actually, he's not happy with ANY company that sells an OS, he feels they're all too expensive. He states that he does pay for them, but only once and with the intent of using them multiple times. This is apples to oranges when compared to the first story... the first story should have been something about wanting the right to buy a CD and make copies to keep in the car, at work, at home, backup, etc...

    Then the third point has nothing to do with the other two, and philosophically disagrees with the first two: WPA has the indirect effect of removing the priviledges that he expects in the first two stories!

    Perhaps the author should try posting three separate, complete, philisophically agreeing essays about each topic rather than provide us a grab bag of snippets. I would be more interested in seeing that.

    Ah, if we could only moderate stories posted to the front page... there's some good stories on the main page that need some bumping up today.
  • by TypoDaemon ( 43268 ) on Saturday May 12, 2001 @12:05PM (#227301)
    your answer is... the us is nowhere near free market and getting worse because of all the new laws which regulate the economy.
  • by Greyfox ( 87712 ) on Saturday May 12, 2001 @11:33AM (#227302) Homepage Journal
    I got my OS free, too. Oh... wait...
  • by GrouchoMarx ( 153170 ) on Saturday May 12, 2001 @01:32PM (#227303) Homepage
    When? At what fictional point in history did people on a mass scale have enough disposable income to spent money on what they are force-fed but did not? The 1980s? Hardly. The 1960s? Nope. The idealized Leave it to Beaver 1950s? Sorry, wrong again. Any time in the 20th century? Nope. The late 1800s? Heyday of the robber barrons. The early 1800s? Not then, either. Earlier? Sorry, you're getting into the pre-industrial era, where everything was hand made and the whole capitalist concept did not exist in the first place. Nor did people have disposable income, except for the elite gentry and royalty. And THEY certainly spent a fortune on frivolity.

    You call for the removal of government from the economic system completely. False. Deregulation has been negative in almost every case. Do you remember why government got involved in the first place? Because people were eating rat meat and doing nothing about it. Are you aware of the fact that if you buy a piece of children's sleepwear, that you have no way of knowing if it's flame retardant or not? A decade ago you knew it would be, because it's required. Today, it's not required, nor is it required that it be labeled. That's what the removal of government does.

    I will agree with you that the current legal system is grossly flawed. But the answer is not to remove the law and the government. It is to alter the law (not expand, alter) to make it less biased towards the manipulator, towards the glutton, and towards the finagler.

    The control-freaks know that. Witness the DMCA, the UITCA, the Napster lawsuit, the 2600 lawsuit, and so on. They know how to abuse the legal system and its holes for their own ends. Don't abandon the government. Don't pull the law out of it, because you can't. That's called anarchy, and then nobody wins.

    Do your part to plug the holes in the law, and to fix the problems. If the problem is the law, you don't try and fix it through a boycott (aka "voting with your dollars"). You fix a legal problem through the legal system. That means get up off your arse, stop whining on newsboards that no one in a position of power reads, get involved in your own government, and get people elected who will work to fix the problems in the system. If you can't find one, run yourself. Government is YOU.

    Yes, candidates are bought, by campaign contributions for advertising to automitons who will vote for whoever gives the best sales pitch. That is, the best marketing. Use the system right back. Ignore the marketing, get behind a candidate you support, and push. Campaign. We have a popularly elected government. If you let it create loopholes for control-freaks and conglomerates to abuse, then it is no one's fault but your own. That is what I mean by fighting back through the law. Not by removing it, but by altering it to be protective, rather than abusive.

    --GrouchoMarx

  • by Chops ( 168851 ) on Saturday May 12, 2001 @12:25PM (#227304)
    mp3 files don't reduce album sales, they simply help people avoid bad purchases (and sometimes help them make better ones too).

    Yep. Have you noticed that Napster now blocks John Fogerty, Bob Dylan, Steppenwolf, and John Kay, but not N'Sync or Snoop Doggy Dog? Try it; I think the RIAA is smarter than we give them credit for.

  • I don't see what I do as so horribly wrong. I buy about three CDs per month, and I use about two BMG subscriptions per year, so I am legally purchasing between 30 and 50 CDs per year, which is a very significant portion of my income

    It's my understanding that BMG and other record clubs don't pay the artists for those albums, but chalk them up as a marketing expense. I could be wrong, but I thought I remembered reading that. Doesn't really matter how many you buy - you're still taking stuff that isn't yours. My own use of Napster has been pretty limited to searching out bootlegs and live copies of stuff that I CAN'T buy, but even then, I'm pretty hypocritical. :)

    And applications? Some applications can be priced at up to $600 for a single CD. As if someone of college age has $600 to spend on a CD. I suggest that some of these applications drop in price -- like down to $60. There we go!

    As many other people pointed out, you get college discounts. One of the guys who used to work here had a son in college - he got MS Office for something like $50. The guy here was asking why we didn't use Office. I told him what it costs for me as a small business owner to go buy it retail. He said I should just go to the university and try to buy the $50 copy.

    Further to the point, however, is that just because you can't afford it doesn't mean it should be cheaper. Do you have any idea how long it might have taken to develop that $600 package? It's not priced on a whim - generally there's some research or surveying of the marketplace to see what they can charge, but there's a cost of development that has to be recouped as well.

    Some applications can be priced at up to $600 for a single CD.

    DON'T USE THE SOFTWARE THEN. Is there some mandate in your life that you HAVE to use that package? Will your existance end if you don't? It's probably geared toward a business. When you start working for one, if they have a need to use that package, they will provide it for you.

    For goodness' sake, there's too much good FREE stuff out there already - free in the legal sense - to whine about high-priced stuff. If you want the $600 package, get a job, save your money, and buy it.


  • by dachshund ( 300733 ) on Saturday May 12, 2001 @11:38AM (#227306)
    This is a very confusing thing to see in a Slashdot story. It's not particularly informative, and we've heard (and made) many of these arguments before.

    It also seems to be a little bit conflicted. "Microsoft shouldn't be allowed to charge for multiple installs" but "Microsoft should implement restrictive technological measures to potentially allow for this" seems conflicted. I guess this guy really doesn't want the government telling him whether it's ok to use multiple copies, but he's ok if Microsoft does it the same?

    And by the way, there's nothing wrong with jumping the gun expressing your concern with a new feature that a company is putting into their product. That's the best way to send them a message that they are likely to encounter customer resistance, and maybe they might want to reconsider before committing themselves-- staying silent and waiting until it's a done deal does nobody any good.

  • by Rogerborg ( 306625 ) on Saturday May 12, 2001 @03:11PM (#227307) Homepage
    • QUIT CALLING IT PIRACY

    From Merriam-Webster [m-w.com]:

    Piracy: 3: the unauthorized use of another's production, invention, or conception especially in infringement of a copyright

    Sorry, we lost that hearts and minds battle a while ago. :( You're damn straight about the rest of it though, the RIAA couldn't care less about artists.

  • by Anonymous Coward on Saturday May 12, 2001 @11:24AM (#227308)
    Upgrading an OS should not cost $80, or even $40.

    And who are you to know how much things should cost? This is, after all, a free market. If you think something is too expensive, you can go ahead and record your own music, write your own operating system, and give it away. Or find someone who did exactly that.

  • by Cyclops ( 1852 ) <rms AT 1407 DOT org> on Saturday May 12, 2001 @11:11AM (#227309) Homepage
    How did it get promoted to an article?

    Ok, after sounding like a flamebait, let me apologise and congratulate the author on this interesting comment.

    Now, I justify why I consider it overrated:
    It... is... too... superficial. Do not understand me wrongly. All I mean is that it is so light headed that all its points become just as simple as any average >3 comment on RIAA articles in slashdot.

    Hey, Crashnbur, please reedit, make it longer, more to the point and make it a comment! :) Hugs, Cyke
  • by NMerriam ( 15122 ) <NMerriam@artboy.org> on Saturday May 12, 2001 @11:57AM (#227310) Homepage
    Closing Arguments

    Closing argments? Where were the opening arguments? What was the question?

    ---------------------------------------------
  • by NeoMage ( 29426 ) on Saturday May 12, 2001 @11:40AM (#227311)
    How did this make a headline story? I'm not sure that you read this before posting it Timothy, or if you did then you have just as much a distorted view as this kid.

    For one, it doesn't matter how many CDs you purchase a year it doesn't justify pirating ANY amount of other music. Sure, CDs are overpriced and that's not good but you are still depriving the artist of their well deserved income. Buying 30 CDs a year doesn't mean anything to an artist whos CD you -didn't- buy.

    I agree that by downloading random tracks you might come across something you like and go out and buy that CD. But realistically (across a good spectrum of Napster users) how often did this happen? I know that I usually target music that I -know- I have heard and like rather than wasting time downloading random tracks.

    While the RIAA may be protecting a large income, they do also happen to stand for a lot of artists. Without the RIAA, how the hell would any amount of artists got where they are today? Music piracy would be rampant, and there would be no controlled way to licence the playing of music to the masses. All governing bodies have some amount of evil, and it's easy to overlook the good when all you care about is what they are depriving you of (free music).

    What makes you think that Micorosoft should give away upgrades to their software, simply because you personally gauge the price to be too high? I know it's a fair whack, but to think that you are getting all that product (consider the developer's time that went in to making this stuff) and you just think you are welcome to free upgrades? Try that at your local car dealer...(I hate to use that analogy.. but everyone else seems to relate to it all the time...). And then, you go on to say that WPA is not a bad thing and it's Microsoft's right to include it. Two faced?

    Everyone's entitled to an opinion I guess, but this is clearly just a college kid that's pissed he doesn't get enough pocket money. Hardly ground breaking news Tim.

  • by Wolfstar ( 131012 ) on Saturday May 12, 2001 @01:02PM (#227312)
    For one, it doesn't matter how many CDs you purchase a year it doesn't justify pirating ANY amount of other music. Sure, CDs are overpriced and that's not good but you are still depriving the artist of their well deserved income. Buying 30 CDs a year doesn't mean anything to an artist whos CD you -didn't- buy.

    The point that he was making here was fairly simple. It was something that was pointed out on CNN a little over a year ago. The day that the RIAA announced their lawsuit against Napster, the blurb that followed it was "on a related note, CD sales are up an estimated x% this quarter" - paraphrased, and I think x was around 15 or so. There was a demonstrated increase in CD sales once Napster became popular. Whether or not it's due to Napster is another story, but I think it is.

    All governing bodies have some amount of evil, and it's easy to overlook the good when all you care about is what they are depriving you of (free music).

    Statement is true, concept is ... flawed in my opinion. If artists were making more than pennies on the dollar for their music, I might be able to accept this as a valid argument. But this is the Recording Industry Association of America, not the Recording Artist's Association of America. RIAA exists to protect the recording studios primarily, and as a side effect, it sort of protects the companies' artists - from everyone except the companies themselves, that is.

    What makes you think that Micorosoft should give away upgrades to their software, simply because you personally gauge the price to be too high? I know it's a fair whack, but to think that you are getting all that product (consider the developer's time that went in to making this stuff) and you just think you are welcome to free upgrades?

    Yes.

    Reasons why: I go out and buy Adaptec EZ CD Creator 4.0 so that I can burn backups of all my text files - and I have a ton of them. I go home, find out that 4.0 doesn't support my neato-nifty-keen 16x10x40 burner that I got white-boxed from some 'net retailer. I hit the EZ CD Creator Website, and I see that there's an update to version 4.02, install that, it works with my burner. I'm happy again.

    Now, you're most likely to say, "Yeah, but that's a point-release, not the same." My response is, tell me one thing about Windows 98 that couldn't have been done with a point-release type of update. I really don't see it. Let's say I upgrade my old Pentium 233 to a K6-2 500, and I'm running Windows 95. Suddenly, my computer won't finish starting Windows, and it's a SOFTWARE issue. I have two choices, fall back to my Pentium 233 and hope that I can find the executable - only usable in the Windows interface, by the way, which means you HAVE to fallback or underclock - that is buried somewhere in Microsoft's website, or go out and drop a hundred bucks or more for Win 98. This is a problem I've run into recently - also affects Athlons in excess of 1GHz under Win95 - but it's not included in Windows Update, and it's so well hidden that it took me two hours to find it. This is a software bug on Microsoft's part. Why isn't it included in Windows Update?

    Microsoft actually bucks industry standard practice when it comes to updates. It should cost significantly less to upgrade if there's no way to add compatibility for new hardware to the old OS. I do agree, however, that the comment about the WPA, while not two-faced per se, is a contradiction in concepts.

    Everyone's entitled to an opinion I guess, but this is clearly just a college kid that's pissed he doesn't get enough pocket money.

    This I think is a bit out of line, since he's really not griping about not having enough money. He's griping about software prices.

    Example: I'm a network engineer. I make a fairly good living, drive a sporty type of car made in 1997, have plenty of money left over to eat with once I pay all the bills, etc. Overall, I'm at a position where I'm living comfortably. Why is it that if I wanted to go out and buy, say, Microsoft Word or Excel, or heavens forbid Visual Studio, that I would have to save up for the next six months to buy it - either that or skip the rent AND the car payment - just so I can have a decent, industry-standard word processor and spreadsheet? Some will say get StarOffice, or maybe suggest AbiWord under Linux. That doesn't work too well. You go looking for a new job, and every recruiter or headhunter you come across is going to tell you to send them a resume in Word format. You ever try writing a resume in wordpad? Not the easiest thing to do and still have it presentable.

    This is also moot. Most software companies that make productivity software simply grit their teeth and ignore the individuals with pirate copies - for the most part. It's the businesses with site licenses that they need to worry about. One company is literally hundreds and thousands of dollars in revenue.

    It may not be news, but then again, neither are a lot of Op-Ed pieces in a traditional newspaper. They still see press though. Why shouldn't this?

  • by infiniti99 ( 219973 ) <justin@affinix.com> on Saturday May 12, 2001 @12:37PM (#227313) Homepage
    ...why should upgrading and duplicating our newer OSes be considered wrong in any way?

    Upgrading an OS should not cost $80, or even $40.

    Some applications can be priced at up to $600 for a single CD. As if someone of college age has $600 to spend on a CD.

    Seriously... you like to burn CDs? Go burn yourself a GNU/Linux ISO. [slackware.com]

    -Justin
  • I wonder what consititutes fair use of software. I assume you can burn one backup disk (as long as UCITA does not pass) for personal use. However, can a person as the normal copyright law stands, be prosecuted for installing Windows 2000 on a single additional system?

    I think that the above scenarios are certainly likely to be found legal (within limits) if tried, which is why Microsoft and other software companies back UCITA. I see the license verification program that Microsoft has chosen to impliment as an attempt to technologically do what they have been unable to get lawmakers to pass-- complete enforcement of licensing practices.

    I think that this is a good thing. It gives people more incentive to use open source if UCITA continues to flounder (or if passed at least except Linux from mandatory warrantee clauses). It also shows the courts that Microsoft is in the face of stiff competition only from the secondary software market (i.e. piracy) meaning that they are, for all intents and purposes, a monopoly.

  • by sakusha ( 441986 ) on Saturday May 12, 2001 @11:27AM (#227315)
    I have a whole collection of vintage punk records on vinyl. They're scratched to hell, and I'd love to have them on CD quality, except that the record companies rarely release them on CD format. And when they do, I don't feel like paying royalties a second time for records I already bought once. So I'll just download them as MP3s.
    But think about the copy protection issues a little closer. If I record an original mp3, like for example, I want to sing Happy Birthday to my niece and email it to my sister so she can play it on her computer to my niece, with content protection, I'd have to buy a license from Microsoft to allow the mp3 to run on a different machine. And Paul McCartney would certainly want a royalty too, he owns the music performance rights to the Happy Birthday song!
  • by WakieMakie ( 451544 ) on Saturday May 12, 2001 @12:20PM (#227316)
    Hey you can also steal it, that's also part of the free market system. Stealing is one of those pesky checks and balance bits.
  • by GrouchoMarx ( 153170 ) on Saturday May 12, 2001 @12:00PM (#227317) Homepage
    It's not just an issue of money. It's a question of control.

    The RIAA's accountants know that their profits have increased in the past few years. The RIAA's lawyers know that their profits have increased in the past few years. But there are people out there that are not using officially sanctioned music in officially sanctioned ways at officially sanctioned times with officially sanctioned equipment. That means there are people out there who are not under the control of the company, the mythical "consumer." This cannot be tollerated.

    Microsoft has been making money hand over fist for two decades. Someone installing WinME on three of their computers when they bought one copy is not doing them any harm. If anything, it means fewer copies of Win98 in use, which means less old stuff for them to support. That's good for them. But it means that there are people out there not using the product in the officially sanctioned way on the officially sanctioned number of systems. Microsoft (and Bill Gates in particular) simply cannot deal with the concept of someone not using the product on their terms.

    All of that goes back to one of the fundamental flaws in the capitalist mindset: The consumer. The mythical consumer is not a person. The mythical consumer is a machine that stands on the other side of a cash register and accepts input (products) and returns output (pictures of George Washington). They can be reduced to a mathematical equation of supply and demand. They can be manipulated by marketing. They can be made to fit into nice little cells on a spreadsheet. In short, the consumer can be controlled.

    It fits nicely into the whole financial theory. Passive object Consumer (C) is convinced by active object Marketing Department (M) to purchase passive object Product (P), created by passive objects Employees (E) under the employ of the active object Owner (O). Add it all up, and you get a nice tity profit (n) for the Owner.

    (C + M) + P(E) = O(n)

    (A very efficent method, eh?)

    There's just one problem: Not all human beings are passive objects C. Humans are not a mathematical equation. The equation works when it is not possible for a person to function otherwise. You force them into playing the role of C or E, and the equation comes out nicely. Everying is predictable, profitable, and controllable.

    But as soon as something comes along that threatens the stability and controllability of that equation, panic mode sets in. The printed book would be the death of learning. TV would be the death of radio. VCRs would be the death of movies. DAT would be the death of radio. Cable would be the death of movies. E-books will be the death of learning. The Internet will be the death of civilization. And so on. A little control slips away, and the end is nigh, defend the System to the last lawyer.

    No one likes uncertainty (except possibly Shrodinger), and no one likes surprises (except at birthdays). It's not your money that the RIAA or the MPAA or Microsoft want. It's your passivity. They want to know that you can be controlled, not because they want power or greed or world domination but because then you are predictable, and they can wrap their minds around something predictable. Everyone likes things to be predictable. Everyone likes knowing where their next meal is coming from.

    So what do we do? Don't be a consumer. Don't be passive. Don't be swayed by marketing. Don't be a part of a machine, however well intentioned and genuinely useful it is (and it is). Most importantly: Don't take your business elsewhere. That doesn't work, it only makes your life more difficult. Saying "we'll just use open source software" doesn't do anything about the continued growth of draconian attempts at regaining control with their collateral damage. Turn and take the issue head on, at its core level: The law.

    --GrouchoMarx

So you think that money is the root of all evil. Have you ever asked what is the root of money? -- Ayn Rand

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