copyright

Everything Old is New Again

Consider:

If an author has among his writings a musical composition, the only possible way of “securing” to him the “exclusive right” thereto is by giving him the monopoly of this musical composition, no matter in what form it may be represented; otherwise, he gets only a partial exclusive right thereto. No composer can be truly said to have “the exclusive right” to his musical composition writings secured to him so long as others have the right to publish, and sell them without his consent . . .

Leave off of that quote right there and it could be about digital file-sharing and made last week. However, the last six words are in fact "in the form of perforated music" and the statement was made in 1908 in a landmark Supreme Court case determining that player piano rolls did not fall withing the definition of a "copyrighted work" that was on the books at the time. In 1908, in the case White-Smith Music Publishing Company v. Apollo Company, the Supreme Court determined that technology had overtaken the existing law of copyright and the law as written did not cover the new technology.

A Real Solution to the Piracy Problem

Given that I recently went off on a bit of a rant about Cory Doctorow and his repeated failure to propose a workable solution for the problem of online piracy, I thought I would take a few minutes and suggest a possible solution that I think makes a bit of sense and wouldn't be that hard to institute. It has the benefit of also being a solution that fits with Bono's criticism of piracy that Doctorow used as his jumping off point on Twitter for his usual mindlessly didactic self-repetition.

The fact of the matter is that copyright of certain kinds of intellectual property is complicated. It is particularly complicated for music and with the rise of DVD sales and streaming video on the internet is poised to become much more complicated for visual media as well.

Why I Hate Cory Doctorow

First, yes I've read his books. Well, some of them. Well, part of one of them. I got fed up and stopped because it was stupid and poorly written. But that's neither here nor there. The fact of the matter is that I hate Cory Doctorow, I hate Boing Boing, and it's time somebody called Doctorow and his cohort of yes-men what they are: a bunch of assholes.

Normally it's not something that I feel like wasting too much time on, the hate of all things Doctorow. I mean, live and let live, right? If people want to waste their time on his weird brand of egomania, that's fine. I'm not going to worry about it. Just like I don't worry about that douchebag from Wired who wrote the Longtail book justifying the hegemony of global capital or nutjob libertarians like Eric S. Raymond advocating for creepy lifestyles dedicated to polyamory, computer programming, and owning guns. By and large the creme de la creme of geek nobility are fairly safely ignored. Although I have written elsewhere of the danger of confusing "geek chic" with "being cool," usually these people are no threat to anyone or anything I care about because the things they care about (file-sharing, Linux, web pornography, SF fandom, memorizing monty python sketches) are not things that I give a damn about one way or another. Occasionally tho, these people cross over into my real world life and I'm reminded that they are out there, festering, and are even occasionally presenting the danger of being taken seriously by real people. That, my friends, is a possibility I find absolutely intolerable and so am setting aside my usual Laissez Faire approach to The Doctorow Problem to outline in detail why it is that I can't fucking stand the the man.

Why You Should Pirate

New RIAA Rules Will Shut Down Pandora

As being widely reported, higher fees for online music imposed by the RIAA may force Pandora.com to close down. Pandora.com is my favorite Internet radio site, and it can't be any better for other Internet Radio enterprises. This is really a classic case of the music industry shooting itself in the foot; by making their rates inordinately high they're not only going to miss out on the revenue they would get from major sites like Pandora having to close, but also from the literally millions of people getting turned on to new music and going out and buying CDs and digital downloads and so on. What a bunch of assholes.