Re: [linux-audio-user] Cactus Data Shield copy controlled cd's

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Subject: Re: [linux-audio-user] Cactus Data Shield copy controlled cd's
From: Paul Winkler (pw_lists_AT_slinkp.com)
Date: Wed Jul 02 2003 - 21:40:57 EEST


On Wed, Jul 02, 2003 at 05:59:39PM +0100, Daniel James wrote:
> The industry has deliberately confused the two - comparing p2p users
> with shoplifters, for example. If someone gets busted for
> shoplifting, it's not because of copyright infringement - it's
> because of theft of physical property, or atoms.

Agreed. My favorite analogy is this:

Suppose that a thief breaks into my home and steals one CD.
Since Radiohead sparked this discussion, let's say it's my Radiohead
"The Bends" CD which I happen to have in front of me at the moment,
and which was released by Capitol, and which I purchased at retail
price.

Does Capitol have a right to prosecute the thief?
Does Radiohead have a right to prosecute the thief?

> Just suppose you hear a song on the radio - are you stealing it, if
> you later choose not to by the CD? I bet there are lots of people
> listening to the radio right now, who have no intention of buying the
> music they are hearing. It's absurd to imagine that you could extract
> payment from each and every listener in the analogue domain,

hmm. Actually, commercial radio attempts to do this, in a funny way,
through the licensing fees that are paid to BMI, ASCAP et al.

> so why
> should the labels expect to do this in the digital one? Because
> they've been sold DRM snake oil, I expect.

We're basically revisiting the radio wars, which produced the
license fee business model for radio. There will be floundering
until somebody comes up with a new business model that the record companies
can live with (or until they go extinct, I suppose).
Personally I think that copy-protected media is doomed to fail.

-- 

Paul Winkler http://www.slinkp.com Look! Up in the sky! It's THE CHAIR! (random hero from isometric.spaceninja.com)


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