When someone says things so grossly wrong as to warrant the line-by-line
corrections that we are preparing, I generally wonder what drove the person
to say such things.

On Tue, Jun 19, 2012 at 12:46 PM, Karl Fogel
<[email protected]>wrote:

> Elizabeth Stark <[email protected]> writes:
> >There's a *lot* to rebut in this article, but one thing that stood out
> >to me is how he says, let's pin this on what artists should make, hey,
> >it's only $17.82 a month! This is what folks supporting systems like a
> >voluntary collective license and other direct-to-artist solutions have
> >been arguing for years — a way to cut out middlemen and find ways to
> >directly remunerate artists. Sadly this argument falls completely
> >flat, as the ~.20 cents per song direct-to-artist scenario is not an
> >option for the purchase of most any music today.
> >
> >And agreed that pinning the death of people who clearly suffered from
> >mental illness issues on lack of willingness of a generation to pay
> >for music is a cheap shot at best.
> >
> >I'd recommend that he read Courtney Love's famous article on the music
> >industry's pillaging of
> >artists: http://www.salon.com/2000/06/14/love_7/.
>
> Good points all.
>
> But I'd also caution: to accept his frame that it's about numbers ("Hmm,
> which way makes more measurable/reliable income for artists?  Whichever
> way it is, must be the best!") is to lose the argument before it begins.
>
> Numbers are part of the story -- but so is freedom, and people sharing
> music they love, and helping artists over the long term by getting the
> word out and creating new fans.
>
> One of the traps of rebuttals is that even as they refute every
> individual point, they still end up affirming the overall frame of
> reference & assumptions of the piece being rebutted.  This rebuttal
> needs to refute the worst points (and rhetorical excesses) in Lowery's
> piece, but it also needs to completely reframe the issue.
>
> -K
>
> >On Tue, Jun 19, 2012 at 10:35 AM, abram stern (aphid) <[email protected]>
> >wrote:
> >
> >    That'd be fantastic.  I've seen the Lowery piece passed around by
> >    a few bands I like and have a lot of respect for, and don't really
> >    have the bandwidth atm to craft a pithy response.
> >    -a
> >
> >
> >
> >
> >    On Tue, Jun 19, 2012 at 10:11 AM, Jennifer Baek <[email protected]>
> >    wrote:
> >
> >
> >        I like the idea of a response fashioned like the one
> >        theoatmeal did. Maybe we can do both a visual piece as well as
> >        a written piece?
> >
> >        I'm on board to help out with both in collaboration with
> >        Questioncopyright. I'm in DC for the summer with too much free
> >        time. :>
> >
> >        Jennifer
> >
> >
> >
> >        On Tue, Jun 19, 2012 at 12:57 PM, Karl Fogel
> >        <[email protected]> wrote:
> >
> >        FWIW, we've just been discussing over at QuestionCopyright.org
> >            whether
> >            to do a length rebuttal of David Lowery's open letter [1].
> >
> >            While it would take a while to construct a good response
> >            [2], on the
> >            other hand a good one would likely get some eyeballs --
> >            including some
> >            of the people who saw the original.  So it's a great
> >            opportunity.
> >
> >            If anyone here is drafting such a beast, please let us
> >            know, here or via
> >            http://questioncopyright.org/contact.  A truly well-done
> >            rebuttal is
> >            something we'd love to run; we've just got other stuff in
> >            the pipeline
> >            right now that makes it hard to draft a response to this
> >            too (lesson #1:
> >            number of opportunities will always exceed available
> >            resources :-) ).
> >
> >            I saw http://piratepad.net/KY6e7xIdkm which is a good
> >            brainstorm of
> >            ideas, but not, of course, a finished piece.
> >
> >            -Karl
> >
> >            [1]
> >
> http://thetrichordist.wordpress.com/2012/06/18/letter-to-emily-
> >            white-at-
> >            npr-all-songs-considered/
> >
> >            [2] http://theoatmeal.com/blog/tesla_response is one
> >            rather nice example
> >               of how to do such rebuttals :-).
> >
> >
> >
> >            Nate Otto <[email protected]> writes:
> >            >I love how the " the duration of the copyright term is
> >            pretty much
> >            >irrelevant for an ethical discussion." is so casually
> >            slipped in
> >            >there.
> >            >
> >            >The main thrust of what I've read so far is that it is
> >            not government's
> >            >responsibility to ensure that artists are fairly
> >            compensated. Except
> >            >that it is explicitly Congress's job to "promote the
> >            progress of
> >            >science and the useful arts" through arranging the
> >            underlying
> >            >principles of the marketplace.
> >            >
> >            >Governments so far have set up a metaphor of intellectual
> >            property to
> >            >guide this marketplace, and this article is fully
> >            grounded in that
> >            >tradition. I think there are problems with that metaphor
> >            that are
> >            >brought to our attention by what digital technology makes
> >            possible.
> >            >
> >            >In giving advice to people who want to work in the music
> >            industry, I
> >            >would point to reports like "The Sky is Rising" that Ali
> >            linked to and
> >            >encourage people to embrace the possibilities of business
> >            models not
> >            >built on the artificial scarcity of digital objects. It
> >            is not moral
> >            >to create scarcity out of abundance for the cause of rent
> >            seeking.
> >            >
> >            >This all might not be relevant to SFC's response to the
> >            piece, but I
> >            >completely agree that this is a moral discussion.
> >            >
> >            >But not all moral premises are valid.  When budgeting
> >            morally, what
> >            >percent of income does a generation in an average of $25k
> >            of debt have
> >            >to spend on CDs? As much as their parents could spend?
> >            >
> >            >Anyway, there is a moral discussion to be had, but it
> >            does not start
> >            >from accepting every metaphor that guided the music
> >            business before it
> >            >became possible to distribute all music to everyone who
> >            wanted it
> >            >without additional costs.
> >            >
> >            >I may have more to add in a day or two, the next time I
> >            come up for
> >            >air.
> >            >
> >            >-Nate
> >            >
> >
> >
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> >
> >
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> >
> >
> >
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