Copyright

My Opinion

I support property rights, and fair-use. Pirating is wrong.

Copyright should be (and is) protected by law. Unfortunately, some laws in the U.S. have gone too far in recent years and have put too much power into the hands of corporations. In some cases, fair use rights have been trampled. This sometimes results in anti-competitive market practices in the music, movie and software businesses. It also impedes creativity and innovation.

Web sites dedicated to preserving freedom of speech, fair-use, etc.:


Pirating may benefit Microsoft

(June 9, 2005)

Some economists explain why pirating may help Microsoft compete against Linux:

"We... look at the effect of piracy and ask whether piracy can ever be beneficial to Microsoft. This extension was motivated by analyzing data on a cross-section of countries on Linux penetration and piracy rates. We found that in countries where piracy is highest, Linux has the lowest penetration rate. The model shows that Microsoft can use piracy as an effective tool to price discriminate, and that piracy may even result in higher profits to Microsoft!"

"To understand why, notice that there are two types of pirates: those who would not have bought Windows in the first place because it is too expensive, and those who would have bought Windows but now decide to pirate it. The first category increases Windows' installed base without affecting sales. As a consequence, this group increases the value of Windows. And thanks to these pirates, Microsoft is able to set higher prices in the future (because the value of the system goes up). In addition, having these pirates means that Linux's installed base does not grow as much as it would have if piracy weren't there. The second type of pirates (those who in the absence of piracy would have bought Windows) reduces Windows' sales and profit. Thus, if the proportion of first-type pirates is sufficiently large, Microsoft's profits will increase with piracy."


Digital Rights Management

(June 18, 2004)

Here's a persuasive talk by Cory Doctorow given to Microsoft's research group explaining 1. That DRM systems don't work, 2. That DRM systems are bad for society, 3. That DRM systems are bad for business, 4. That DRM systems are bad for artists, and 5. That DRM is a bad business-move.


Music and copyright

(Sept 27, 2003)

MP3s Are Not the Devil by Orson Scott Card

"It's pretty hilarious to hear record company executives and movie studio executives get all righteous about copyright. They've been manipulating copyright laws for years, and all the manipulations were designed to steal everything they could from the actual creators of the work."

"In other words, the people complaining about all the internet "thieves" are, by any reasonable measure, rapacious profiteers who have been parasitically sucking the blood out of copyrights on other people's work."


Regarding copyright (DMCA, SCSSA)

(Jan 16, 2003)

The DMCA and interoperability: "It is increasingly clear, ... that the DMCA allows vendors to make interoperability a crime simply by saying so. There can be no doubt that this 'feature' of the DMCA will see increasing use in the future, and that Linux users will feel its bite."

(Sept 9, 2002)

TCPA / Palladium Frequently Asked Questions

Tinkerers' champion
" Edward Felten, a professor at Princeton University, argues that the "freedom to tinker" -- the right to understand, repair and modify one's own equipment -- is crucial to innovation, and as valuable to society as the freedom of speech" (read more).


(Aug 1 2002)
HP backs down on the DMCA threats.
But the damage has already been done. Corporations tend to "shoot first and ask questions later". See this for more information.

(July 31, 2002)
Security warning draws DMCA threat from Hewlett Packard.

A News.com article reports about an attempt to use the DMCA to suppress security vulnerability information. "In a letter sent on Monday, an HP vice president warned SnoSoft, a loosely organized research collective, that its members 'could be fined up to $500,000 and imprisoned for up to five years' for its role in publishing information on a bug that lets an intruder take over a Tru64 Unix system."

From Slashdot: 'Finisterre said that while he wanted to resolve the dispute with HP, he resented receiving DMCA threats. "We are like the guys that found out that Firestone tires have issues on Ford explorers," he said. "It's not our fault your Explorer has crap tires. We just pointed it out. We should not get attacked for pointing out issues in someones product nor for proving it is possible."'

'When will people learn this is the same thing?'


(May, 2002)
From Slashdot: "There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back, for their private benefit." -- Robert Heinlein 1939
(May, 2002)
The Politics of Copy Protection Technology

DMCA in Plain English

What's Wrong With Copy Protection


(May, 2002)
Hollywood Wants to Plug the 'Analog Hole' and replies.

The people who tried to take away your VCR are at it again. Hollywood has always dreamed of a "well-mannered marketplace" where the only technologies that you can buy are those that do not disrupt its business. Acting through legislators who dance to Hollywood's tune, the movie studios are racing to lock away the flexible, general-purpose technology that has given us a century of unparalelled prosperity and innovation.

[ Hollywood wants to make all Analog to Digital Converters (ADCs) disable the copying of copyrighted materials ]

It's outrageous that Hollywood would demand a law that intentionally breaks technology so that it can't be used in lawful ways, but the unintended consequences of this regime are even more bizarre. Virtually everything in our world is copyrighted or trademarked by someone, from the facades of famous sky-scrapers to the background music at your local mall. If ADCs are constrained from performing analog-to-digital conversion of all watermarked copyrighted works, you might end up with a cellphone that switches itself off when you get within range of the copyrighted music on your stereo; a camcorder that refuses to store your child's first steps because he is taking them within eyeshot of a television playing a copyrighted cartoon; a camera that won't snap your holiday moments if they take place against the copyrighted backdrop of a chain store such as Starbucks, which forbids on-premises photography because its fixtures are proprietary works.


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