Re: ASCAP Assails Free-Culture, Digital-Rights Groups

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Am 07.07.2010 22:05, schrieb Mark Knecht:
On Wed, Jul 7, 2010 at 11:28 AM,<martin.peach@xxxxxxxxxxxx>  wrote:
snip
Why is this any different than taking two trips to the salad bar when
the menu said only one was OK with the restaurant?


I think it's more like taking two photos of the salad bar...

Martin

I'll grant you the salad bar analogy suggests the consumption of
physical resources, but that's the easy way out.

Other analogies:

1) Musicians are playing a live show with assigned seats. You sneak in
the door and take a seat your didn't pay for. No one shows up claiming
the seat so you it and enjoy the concert. Right or wrong?

2) Musicians are playing a live show for a standing audience. You
sneak in and stand in the room. No one notices you are there and no
one hassles you. Right or wrong?

3) Musicians are playing a live show for a standing audience. You
sneak in and stand in the room. No one notices you are there and no
one hassles you but people who would like to pay are turned away
because the room's capacity has been reached. Right or wrong?

All 3: wrong if you really wanted to see the show. If it would be the Rolling Stones I would sneak in if I can, out of couriosity but I would not complain, if someone would come and throw me out. If I want to see a concert, I pay for it. If the venue/artist charges too much money for my taste I loose my interest in the concert...

4) A friend purchases a DVD of a movie that cost $1M to make but
brought in $1B at the box office. You rip a copy. Right or wrong.
5) A friend purchases a DVD of a movie that cost $1B to make but
brought in $1M at the box office. You rip a copy. Right or wrong?

Both acceptable. If "a friend" is someone from my hood there is nothing wrong in that. It is not illegal in Germany to make up to 6 private copies and if it would be illegal it would still be OK and the law would be subject to be changed. Because helping a neighbor is more important for the civilisation than keeping virtual properties untouched. And by doing this you do not establish a world-wide anonymous infrastructure to distribute copies to people, you dont know.
This may sound like cheap semantics but it is not.

6) Some bad guys rob a bank but in fleeing the scene of the crime
throw money out the window to put people in the way of the police
chasing them. You are standing on the sidewalk when $1000 lands at
your feet. You pick it up and don't turn it in. Right or wrong?

7) Some bad guys rob a bank but in fleeing the scene of the crime
throw money out the window to put people in the way of the police
chasing them. You are standing on the sidewalk when $1000 lands at
your feet. It is raining and you see lots of money getting washed down
the storm drain where it will likely never be found. You pick it up
and don't turn it in. Right or wrong?

Both wrong. Everybody knows, that most banks are semi-criminal, antisocial organisations. They are, because they exist in a system that is utterly broken -- the same as broken as ASCAP and GEMA. So at first glance it looks like: take the darn money and run! And this idea has some appeal to me too. But in the end: if I take the money and run, I am not that much better than the capitalist crooks that live by the rule: "take what you can, by any means, allways, never give anything back!". This antisocial quasi-darwininistic philosophy is exactly the very foundation of most of the problems, we have today. And on the other hand it would feel just great to see the faces if I'd walk into the bank to return my catch. A person, they do not trust enough to hand out a credit-card that pushes 1000,- at the table saying: "Take it, its yours. I found it in the gutter the other day, right after the robbery." Maybe I would keep the money anyway - it depends on the actual state of my own account. But I would feel a bit like corrupted, if I would keep it....

best regs

HZN


- Mark
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