Comments on: is the public domain illegal? https://archives.lessig.org/?p=3014 2002-2015 Thu, 14 Jul 2005 20:10:08 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: Ihar Filipau https://archives.lessig.org/?p=3014#comment-11053 Thu, 14 Jul 2005 20:10:08 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11053 Jeff Keltner wrote:
“The point is not that the goverment can not make these choices, but that when there exists and industry which is filling the need perfectly well (I don’t believe anyone has experienced a lack of availability of Beethoven recordings)”

Probably you are not classics fun. But I am.
This is true pain in the [CENSORED] to find certain recordings, certain things performed by certain orchestra/director. Some things gets released once per say five years – go try get them on Amazon or iTMS.

How glad I was to growth of P2P networks like Napster and Gnutella. Some rare pieces I can find only there. Magnitudes more than Amazon & iTMS combined. People for example ripped ~50 years old vinils of Segovia: try to find them on Amazon. Availability varies with season, wind direction and phase of moon. Or Alirio Diaz. Or some particular works of John Williams. Try it. I have tried. And I’m still trying – but my collection of classical guitar is still far from being complete. And CD collection is at best sparse.

Business is just business. What makes no profit – creates no business. Ten people per year is not market. Releasing this tracks to public for free download ensured that years later I would be able to find this particular performances without problem. Especially when people who had payed this tracks performance and recording agree with such give-away.

P.S.

In the end, I believe that commerce in its extreme wish to monopolize everything, quite effectively dumbs society down. Culture is reflection of society development. And if culture is commercialized, owned and divided – society has few chances to develop itself further. Just compare level of culture of U.S. with Europe, Asia or even Russia. U.S. is the only who had made total business out of culture and society. But when it comes down to society as a whole, people – U.S. is total mess. I have lived in USSR, ex-USSR and now Germany. I occasionally visit my friends in U.S. – the contrast is just enormous.

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By: Dork https://archives.lessig.org/?p=3014#comment-11052 Thu, 14 Jul 2005 19:07:59 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11052 Anyone have the addy for Taliban/BinLaden, Inc? I seen to recall something about their twisted viewpoint on Islam as being anti-music. Not that I’m pro-violence, nor one to condone terrorism as such, but couldn’t their efforts be better corralled towards unimportant targets such as recording company attorneys, the RIAA, et alia, instead of against innocent Londoners and New Yorkers. I’m no puritanical Mohammedan (my deity is Beethoven), but I think I could plumb some empathy for their sense of a homeland invaded in the light of these comments voiced by the recording industry. Now, you may say such sentiments are the product of foggy thinking, but could you in the same breath claim to be surprised were no florists’ stockrooms overtaxed in the aftermath of an unfortunate meeting of those two organizations? Huh? Could you? Really, be honest now!

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By: Paul Gowder https://archives.lessig.org/?p=3014#comment-11051 Thu, 14 Jul 2005 12:10:55 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11051 Poptones: ooooh, the BBC is using PRISON labor … no, wait, it isn’t. Can nobody make the distinction between government participation in a marketplace and government enslavement of the populace?

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By: Karl https://archives.lessig.org/?p=3014#comment-11050 Thu, 14 Jul 2005 10:54:52 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11050 I am not sure what the correlation between competition with the government and a police like state is, because frankly I don’t see a connection.

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By: poptones https://archives.lessig.org/?p=3014#comment-11049 Thu, 14 Jul 2005 09:58:39 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11049 Ummm.. what happens when the government doesn’t recognize the rights of its citizens? When the government can lock you up for your political views and force you to work in one of its factories, how do corporations compete? Should they be allowed forced labor as well?

And don’t think I’m picking on China here. In the southeast US this was a pretty common way for local governments to round up workers for road crews and such. That was allegedly wiped out in the fifties but now we have prisons operating corporate managed call centers and dry goods manufacturing shops. Oh sure, the prisoners can choose to do the work or not… but how much power do they have to negotiate the pay?

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By: Fred Meyer III https://archives.lessig.org/?p=3014#comment-11048 Thu, 14 Jul 2005 06:19:01 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11048 Corporations have already shown their hand here. Why is it OK to use cheap labor from the second and third world to produce products but it is not OK to compete with governments? Corporations say that we in the 1st world should allow the third world to compete. Eventually the companies in the 3rd world will be forced to increase wages. Well I say that corporations should compete with governments. If governments are doing something that is inefficient, then tax payers will object and vote and throw the devils out of office. Until then the corporations should look elsewhere for profits. It is not unfair.

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By: poptones https://archives.lessig.org/?p=3014#comment-11047 Thu, 14 Jul 2005 03:31:16 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11047 At less than four bucks a pop for a magazine and a CD they have been giving away the music a very long time. When I was subscribing to music! every issue had an article about someone like Sarah Brightman or Ute Lemper. I’d pay four bucks just for the pics. Rowrrr.

Also… red dot. I used to have half a shelf of’em. Decent quality recordings of less famous eurasian orchestras, available in record stores more than a decade now and usually selling for something like 3-5 bucks. As I recall, those rich kid publishers complained about that, too.

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By: Branko Collin https://archives.lessig.org/?p=3014#comment-11046 Thu, 14 Jul 2005 00:10:00 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11046 When there exists an industry which is filling the need perfectly well the government should not interfere.

In theory I agree with this, but reality seems a little more complex than that.

The government has already interfered by creating a playground where authors could thrive. Now the publishers (hey, where did they come from?) cry that the government should not enter their playground. Fair enough. But what if the government does indeed need to enter the playground? This happens often enough. Not all creative works promise to sell enough that a publisher will want to sell them.

Unfortunately it is not always easy to predict which works need support beyond the support given through today’s extremely broad copyrights. In other words, industry and government together cannot always adequately determine the need that will define the line of separation between consumer-bought and government-funded.

Whether or not the BBC overstepped its boundaries needs to be determined on a case by case basis. However, I do taste a little hypocrisy in the indignation of the publishers, as the BBC (as I mentioned before) has been selling the concerts of its symphony orchestra for simply ages. There are two things different in the current situation: 1) BBC is giving the concerts away for free, 2) the concerts can be downloaded.

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By: Paul Gowder https://archives.lessig.org/?p=3014#comment-11045 Wed, 13 Jul 2005 20:30:25 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11045 someone explain again to me why it’s bad for society to make goods available to the public? Why again do we give a damn about record company sales? I’m serious here. Do we really live in a world where we care more about the sales of the few than the benefit of the many?

This reminds me of the whining by the overpriced useless private delivery companies (fedex etc.) that the U.S. Postal Service is hurting their business by offering cheap, efficient, reliable, easy mail to the public.

In the words of innumerable conservatives and free-marketeers: Waaaah. Waaaah. Cry me a river.

Almost any products could be made available free of charge if the govenment decided to fund their creation and distribution , but that doesn’t make it the appropriate thing for government to do in a free-market economy. And isn’t really a free-market of creative works, and not government control, that really supports the most creativity and innovation?

That statement confuses government “participation” with government “control.” Seriously, folks. It’s not as if the BBC is censoring non-public-funded music. If consumers value non-Beethoven music, they can pay the private market for them.

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By: poptones https://archives.lessig.org/?p=3014#comment-11044 Wed, 13 Jul 2005 09:15:01 +0000 http://lessig.org/blog/2005/07/is_the_public_domain_illegal.html#comment-11044 There are scores of symphonies (bad pun intended) that would benefit from a greater popularity of classical music. My own state has an opera troupe that can afford just a few performances a year and most of those have to be performed in high school gymnasiums and such. If more people enjoyed opera more people would turn out for these events, which would help improve the economic conditions for the opera company and for the communities that host their performances.

The BBC is not giving away performances of every symphony, they are giving away a single performance of these symphonies. Anyone who is familiar with classical music knows the “interpretation” of the conductor and the orchestra can have a very dramatic impact upon the final product. If more people are drawn into an appreciation of classical music they too will develop their own repretories of favored condutors and performance companies and will seek out their recordings.

It is very much in the interest of a government to help promote the arts in a positive fashion. It’s good for our culture and it’s good for business.

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