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Urban Ranger is offline Urban Ranger
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  Old Post 28-05-2005 08:21
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quote:
Originally posted by asleepathewheel
I believe that artists have the right to determine how to distribute their works, be it for profit, free of charge, or through some middle ground such as streaming audio/video. whether or not piracy affects anything positively or negatively is irrelevant IMHO, to what the artist/creator/owner desires to be done with their work.


Your downloading music from the Web does not impede the owners' ability to distribute in any form or fashion. They can still distribute them, your act has no impact on this function whatsoever.

Kuciwalker is offline Kuciwalker
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  Old Post 28-05-2005 08:23
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quote:
Originally posted by GePap
nor is a plastic surgeon the owner of the breast he implanted


Urban Ranger is offline Urban Ranger
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  Old Post 28-05-2005 08:24
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quote:
Originally posted by Oncle Boris
I don't know what the others think, but I'm just trying to say that if you believe in "normal" property, there's no way you can't believe in IP. Doing so would be inconsistent, and it smells so much like trying to justify a free ride.


Normal property is fundamentally different from "intellectual property," which is a disingenuous term invented solely to confuse.

If you want to talk about copyright, please, use the proper term. It has nothing to do with patents or trademarks.

Kuciwalker is offline Kuciwalker
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  Old Post 28-05-2005 08:29
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quote:
Originally posted by Urban Ranger
Normal property is fundamentally different from "intellectual property," which is a disingenuous term invented solely to confuse.


I call BS. The term "intellectual property" was invented in the 19th century.

Urban Ranger is offline Urban Ranger
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  Old Post 28-05-2005 08:36
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quote:
Originally posted by Kuciwalker
I call BS. The term "intellectual property" was invented in the 19th century.


How does this refute my point? I did not assert the term was invented in the 20th century. Or are you saying that terms invented in the 19th century could not be intended to confuse?

Kuciwalker is offline Kuciwalker
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  Old Post 28-05-2005 08:42
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I'm saying terms invented in the 19th century are definately not intended to confuse in their 21st-century context.

asleepathewheel is offline asleepathewheel
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  Old Post 28-05-2005 09:01
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quote:
Originally posted by Urban Ranger


Your downloading music from the Web does not impede the owners' ability to distribute in any form or fashion. They can still distribute them, your act has no impact on this function whatsoever.




I've enjoyed this, but it just isn't worth my time anymore. My hope is to just interject in these threads when there is a clear misrepresentation of the law (as was earlier in the thread), and avoid the other garbage. I'll leave this by saying that I side with the creators and owners, not the sponges/freeloaders of society, because at the end of the day, I like to get paid for my work too.

Wraith is offline Wraith
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  Old Post 29-05-2005 21:02
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Sorry I don't have a good link to a copyright history yet, but my parents and grandparents are visiting this weekend, so I haven't had much computer time (they're at church now).

Here's the first two links off Google:

Copyright Timeline (US):
http://arl.cni.org/info/frn/copy/timeline.html

History of Copyright (UK):
http://www.intellectual-property.go...ght/history.htm

Only skimmed it, but this looks reasonable:
Copyright and Authors:
http://www.firstmonday.org/issues/issue8_10/ewing/

--"Once it leaves their possession, the new owner can decide what to do wiht it."

Unfortunately, the doctrine of first sale has been seriously weakened lately. Hopefully people will start to wake up to it and fight back, but so far it's been too subtle for most to be affected.
Worst offenders here right now are the software companies. Suing people for selling their legally purchased (non-returnable) software on eBay, and the like. The whole license vs. sale sleight of hand.

--"Work is."

Work is a verb, not a noun. You can hire work or perform work, but how do you own an action?

--"I call BS. The term "intellectual property" was invented in the 19th century."

But is nevertheless used to confuse. "Intellectual Proprety" is a blank term used to cover trademarks, trade secrets, patents, and copyright. As I keep saying, these four areas of law are very distinct, and cannot be conceptually, legally, or professionally mixed together. People using the term "IP" these days usually either a) do not understand what they're talking about or b) are trying to make sure you don't understand what they're talking about.

--"I'm saying terms invented in the 19th century are definately not intended to confuse in their 21st-century context."

It's just newspeak. Lots of terms in use these days don't mean the same as they did when they were created, and in many cases the confusion is deliberate on the part of the people who have co-opted the term from the original usage.

--" I'll leave this by saying that I side with the creators and owners,"

The thing is, so do I. Which is why I'd much rather buy CDs or MP3s direct from the band(which I do when I can), go to their concerts, etc, than pay the music label. Read up on what even many of the big-name bands say about the much labels. They steal from the artists more than anyone else does.
Same for video, and print. You should see my book and DVD collections. Doesn't mean I like the major studios (who have a very small presence in my collection), but I am perfectlywilling to pay for works I enjoy. Doesn't mean I have to like the middle-men who leach off the actual creators, nor should I support the middle-men's attempts to change the laws to protect their business model.

Wraith
"I am always ready to learn although I do not always like to be taught."
-- Winston Churchill

Last edited by Wraith on 29-05-2005 at 21:07

Kuciwalker is offline Kuciwalker
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  Old Post 29-05-2005 21:03
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quote:
Work is a verb, not a noun. You can pay for work, hire work, or perform work, but how do you own an action?


That's incorrect in so many ways, a few of which you illustrated in the sentence right after your claim.

Wraith is offline Wraith
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  Old Post 29-05-2005 21:11
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--"That's incorrect in so many ways, a few of which you illustrated in the sentence right after your claim."

Name one.

Trademarks are a government-run database about who can use what term in what context. Doesn't look like a natural concept of property to me, and is more about controlling fraudulent advertising than anything.

Trade secrets are just things you know that you don't tell anyone. Do you "own" it? No more so than the number between 1 and 100 you picked out and won't say. If someone else can figure it out, too bad for you.

Copyright and patents are more artifical creations that didn't exist throughout most of human history. Artists and creators still got paid before then. Amazing, isn't it?

Wraith
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Kuciwalker is offline Kuciwalker
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  Old Post 29-05-2005 21:14
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quote:
--"That's incorrect in so many ways, a few of which you illustrated in the sentence right after your claim."

Name one.


"You can pay for work." Prepositional phrase, "for work". Work is the object. Therefore, work is a noun.

GePap is offline GePap
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  Old Post 29-05-2005 22:41
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quote:
Originally posted by Kuciwalker
quote:
--"That's incorrect in so many ways, a few of which you illustrated in the sentence right after your claim."

Name one.


"You can pay for work." Prepositional phrase, "for work". Work is the object. Therefore, work is a noun.


You can pay for work [to be done].

But the word "work" is a noun, if you think of it in the sense of "That is his great master work"

I think Wraith unfortunately made a grammar statement that is wrong, but that does NOT invalidate his statement. One can not OWN actions in a monetary sense, as they disappear the second the action is done. One can perhaps own the result of the action (the sense in which work is a noun), if that is a tangible product.

But how does this whole notion of "work" make sens whern you look at something like trademarking "The Magic Kingdom"? The people at Disney did not invent the words, nor the phrase, nor the structure. They used common words to create an easy to make sentence (Who knows how many writers used that idea before), and they used to to advertise their product.

Does Disney OWN that phrase? Do people have to pay them to use it? If I decide to write a book about a Magic Kingdom, must I ethically send a check to the Disney Corporation?

muxec is offline muxec
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  Old Post 29-05-2005 23:06 Visit muxec's homepage!
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If you use BitTorrent, the terrorists have won...
If you use eMule, the communists have won...
Blah..Blah...Blah...

http://apolyton.net/forums/showthre...threadid=134279

Oncle Boris is offline Oncle Boris
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  Old Post 29-05-2005 23:40
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quote:
Originally posted by GePap


NO its not.

You don't own work, you own the result of work. That said, a dentist does not come to own the teeth he worked on, nor is a plastic surgeon the owner of the breast he implanted. So work by itself does not give you ownership.

If I make a statement, that was "work" on my part, but it odes not mean I "own" in a legal sense every utterance I make.


Give me a break, it means that in certain contexts you own the result of your work. Those contexts are clearly not unlimited, but to claim there is no concept of property associated with it is just so much BS.

Oncle Boris is offline Oncle Boris
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  Old Post 29-05-2005 23:42
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General question: if IP is bollocks, how is plagiarism wrong?

mrmitchell is offline mrmitchell
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  Old Post 30-05-2005 00:13
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quote:
General question: if IP is bollocks, how is plagiarism wrong?



Well when you plagiarize you pass it off to be your own work.

GePap is offline GePap
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  Old Post 30-05-2005 00:23
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quote:
Originally posted by Oncle Boris
General question: if IP is bollocks, how is plagiarism wrong?


Because you claim credit for somoene else's work. That is different from not paying to read that work.

GePap is offline GePap
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  Old Post 30-05-2005 00:27
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quote:
Originally posted by Oncle Boris


Give me a break, it means that in certain contexts you own the result of your work. Those contexts are clearly not unlimited, but to claim there is no concept of property associated with it is just so much BS.


How can one "own" a trademark? Does the chain Burger King "own" the phrase "Have it your way"?

As for a copyright- look at the word itself- obviously the issue is having exclusive rights on making copies. If someone makes a copy, what they have done is violated your monopoly rights. They did not steal anything in any realisitc meaning of that word. You still have the ability to make more copies to sell (and for people to buy). This is fundamentally different from most theft, in which you lose the item, period. As was stated before, what was lost was possible profit, not existing profit.

Pekka is offline Pekka
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  Old Post 30-05-2005 00:44
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"I'm saying terms invented in the 19th century are definately not intended to confuse in their 21st-century context."

Oh dear.. Mr. Dictionary has deserted us again, aye? I hate to be a little grammar... fascist, and I know I'm the one who doesn't care for proper but rather buggery bloody... something. But when you point out something strongly like that, make it in italics even, you want to .. you want to get the word spelled correctly.

Now, few common mistakes many of you make.

It's not grammer, it's grammar.

It's not rather then, it's rather than.

It's not definately, it's definitely.

Ok? Jolly good! Let's move on!

Kuciwalker is offline Kuciwalker
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  Old Post 30-05-2005 00:58
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quote:
Originally posted by GePap
You can pay for work [to be done].

But the word "work" is a noun, if you think of it in the sense of "That is his great master work"

I think Wraith unfortunately made a grammar statement that is wrong, but that does NOT invalidate his statement.


It invalidates his grammar statement

Pekka is offline Pekka
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  Old Post 30-05-2005 01:05
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So I guess if you killed thousands of people it would be OK because Stalin did it too? If you keep this up, you're going to lose your bathroom privilidges for a day and go on 10 minute time out mister!

Oncle Boris is offline Oncle Boris
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  Old Post 30-05-2005 02:25
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quote:
Originally posted by GePap
Because you claim credit for somoene else's work. That is different from not paying to read that work.


How can you claim that it's wrong to do so, if no one owns information anyway? Why should we even care?

Oncle Boris is offline Oncle Boris
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  Old Post 30-05-2005 02:27
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quote:
Originally posted by Urban Ranger


Your downloading music from the Web does not impede the owners' ability to distribute in any form or fashion. They can still distribute them, your act has no impact on this function whatsoever.


So receiving payment for sale of such products is not part of "distribution"?

General Ludd is offline General Ludd
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  Old Post 30-05-2005 02:39
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quote:
Originally posted by Oncle Boris


So receiving payment for sale of such products is not part of "distribution"?



Where does denying payment from a sale come into this?





quote:
How can you claim that it's wrong to do so, if no one owns information anyway? Why should we even care?


quote:
quote:
Information isn't property


quote:
Work is


That is, a person's work in doing something should be reconized. Claiming credit for other people's achievements is a whole other argument, really, and has little to do copyrights...

Oncle Boris is offline Oncle Boris
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  Old Post 30-05-2005 04:20
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quote:
Originally posted by General Ludd
Where does denying payment from a sale come into this?


Again give me a break, it's just idiot to claim that copyright infringements do not impede one's ability to distribute his work, as if distribution wasn't about the expectation of being paid for the work you did that other people will benefit from.

quote:

That is, a person's work in doing something should be reconized. Claiming credit for other people's achievements is a whole other argument, really, and has little to do copyrights...


No, not at all. If something isn't property, what's wrong in claiming it's yours? Claiming the sky is mine is silly, but it sure isn't "wrong".

The idea here is not to debate uselessly about hypothetical questions, but rather to bring to the table this simple consideration: when you claim that something is one's property, you do it through a chain of causality that includes necessary and/or sufficient conditions (these conditions may include, but aren't limited to, personal work, resources consumed, money paid, etc).

"Theft" requires a prior definition of property (which the aforementioned chain of causality allows). If you define property through the possibility of theft, you're commiting a logical circle.

-->property is what can be stolen -->theft is unallowed deprival of property is a fallacy, unless you can define first how and when there is allowed deprival of property.

This is where a chain of causality comes into play: why can't any course of events that leads to you being granted ownership over something, entails the impossibility of the item in question being non-physical?

Now I know what I'd probably be told: but you can't properly define ownership over a trademark, a concept, a patent, etc, and worse still, there are different kinds of IP anyway.

Again I call for BS. Laws are made of semantic concepts and are applied by human beings who have to consider both the spirit and the letter of the law, and pit them with the circumstances of the situation they're evaluating.

Just like ownership over material property can't be unlimited (natural resources under a land do not belong to the owner of the land, pens can't be used to pluck out a coworker's eyes), ownership over abstract concepts is not unlimited. The concept of unlimited use itself is contrary to property; it would equate to natural property, a self-defeating proposition. Thus it is meaningless to reject IP on the basis that it must have limits; it has always had anyway.

Kuciwalker is offline Kuciwalker
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  Old Post 30-05-2005 04:25
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I'm agreeing with OB

Velociryx is offline Velociryx
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  Old Post 30-05-2005 04:29 Visit Velociryx's homepage!
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Speaking from the perspective of an artist whose livlihood is impacted by these various regulations, I have this to say:

* If someone downloads my works without paying for them, I do NOT feel that I am being cheated in any way, shape, or form. I write my books so that they may be READ. That's the point. The more people who read them, the happier I am. My HOPE is that people will have enough respect for me as an artist, as a human being, that they'll be willing to pay for the work, and thus, allow me to continue to write more stuff that pleases them, but this is very much on the honor system. There's no way, even with stringent anti-piracy laws, that I can make SURE that everyone who has read my works has bought and paid for a copy.

* Aside from that, if it's not a crime to buy (legally pay for) a book and loan/give it to a friend when I'm done with it, then I don't see a problem with loaning/giving a pdf copy of that same work. Just because the pdf copy can be endlessly replicated does not invalidate the exchange, as we currently have no way to prove that the exchange wasn't legit, and given that people are innocent till proven guilty in the nation of my birth, I must respect that. (ie., there's no way I can look at a pdf and tell at a glance if it was a legally bought and paid for copy, or if it was a copy OF the legally bought and paid for copy, and in the absence of proof to the contrary, I must accept the person's word...honor system).

* Ultimately, if someone does get their hands on a copy of my work "illegally" (term used in quotations because I don't believe it to be a crime, and anyone on this board could come up to me and outright TELL me they read such and so book of mine without paying a cent, and my only response would be "what did you think?"), if they enjoyed it, there's a good chance that they'll a) tell friends and recommend it, and/or b) go buy a copy to show their support for the artist. Both are good things.

* The real people who are taking the hit here are the publishers, who rob both sides (the artists, by generally paying them chicken feed for their work, and the consumers, who are grossly overcharged FOR the work). Stick it to the man!

* disclaimer: I realize that not EVERY artist shares this opinion, but I'd be greatly surprised if I was in the minority.

-=Vel=-

General Ludd is offline General Ludd
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  Old Post 30-05-2005 04:32
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quote:
Originally posted by Oncle Boris


Again give me a break, it's just idiot to claim that copyright infringements do not impede one's ability to distribute his work, as if distribution wasn't about the expectation of being paid for the work you did that other people will benefit from.




As the music, game, movie, and books industries show, it is possible to make enormous sales despite the constant "disturbance" of copy right infringments, which supposedly make these thigns harder to sell for some mysterious reason.



quote:
No, not at all. If something isn't property, what's wrong in claiming it's yours?


Maybe you should read what you quoted.


Work done is the so-called "property" of the person who did it, in that they can claim to of done something.

Oncle Boris is offline Oncle Boris
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  Old Post 30-05-2005 04:33
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quote:
Originally posted by Kuciwalker
I'm agreeing with OB


If it can reassure you, I'm only arguing from the perspective given to property in our societies, I'm not saying that I agree with it.

Velociryx is offline Velociryx
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Having said the above, I'll add this:

If, on the other hand, someone downloads my work (legally or illegally) and tries to pass it off as their own....it's open season....

-=Vel=-

 
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