On Wed, May 11, 2016 at 5:42 AM, Alexander Berntsen <alexan...@plaimi.net>
wrote:

> You are using language in which artists are deities, and have some
> inherent "rights" that need "protection". I don't subscribe to that
> world view, nor do I agree that freedoms for our cultural heritage
> isn't as important as free software (although you personally go even
> further and say that copy"right" should "protect" the "commercial
> interests" of artists).
>

Now that's just delusional. Nowhere am I bowing down to the almighty
artists and praising them for gracing us with their works of creation. I am
implying (or rather, not even implying, but straight out stating) that
artists are businesspeople. Maybe not all, but quite many of them hope to
make a profit from their creations.

Unfortunately, whether you "subscribe" to the world view or not, the fact
stands that authors, news outlets, etc. are all publishing their
copyrighted creations in hopes of selling them to a large number of people.
It has nothing to do with "freedoms for our cultural heritage", unless you
plan on positing the false dichotomy that copyright protection can only be
nonexistent or infinite.

In the end, I think you are confusing the term "copyright". Despite it's
name, copyright is not a "right" of the artists. It is an economical
mechanism (albeit an incorrectly executed one, in my opinion) to allow
artists to more easily profit from their creations for a limited period of
time, thus encouraging the actual creation of content. And I personally
believe that the rights of an individual over information are not so
extensive that the government should not be allowed to restrict the
commercial use of it. Non-commercial use? Well that's a different story. As
you say later, "Information wants to be free". But regulating business and
profit is well within the authority of the government.

For what it's worth, your whole notion of how artists should be
> prevented from reusing things is unreasonable nonsense. What if
> someone had patented a C note and said that "I recorded this note
> first, so you cannot include it in your music"? That's essentially
> what's happening in the computer industry at the moment, but luckily
> music pre-dates patents. (To take an example of a bigger work that's
> just a plain retelling of something that already existed -- look to
> about half of everything that Disney ever made. They are constantly
> lobbying to ensure nobody else can benefit from the same stories they
> benefited from, all in the name of their "intellectual property
> rights" as "creators".) And what happens when someone *does* say "I
> recorded this chord progression first, so you cannot use it in your
> music", like The Hollies told Radiohead (for a song that The Hollies
> ironically were just covering)? Nothing. The Radiohead song is still a
> treasured hit.
>
> It's 2016. Good luck making something (in *any* artistic field) that's
> not derivative. Information wants to be free. Culture does too.
>

That is a *vast* oversimplification of the situation, and really does not
make any sense at all with regards to my argument. Are you trying to say
that because something as simple as the C note shouldn't be patentable (a
completely different concept than copyright), that an author shouldn't be
able to profit from their original creation for a brief period of time?

If you're trying to point out the fact that the concept of "derivative
works" is a very large gray area, troubled with hundreds of years of case
law, and that nobody is really sure where to draw the line between a
derivative work and an original creation, then I observe your point. Even
the free software movement has had its moments where authors were not sure
whether, under the letter of the law, if something qualified as
"derivative" and thus was subject to the terms of the GPL. But just because
one area of the law is gray does not mean that the entire concept of
copyright is useless and should be disposed of.

*-- *
*Tyler Romeo*
Stevens Institute of Technology, Class of 2016
Major in Computer Science

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