Re: Pro-IP bill passed the house: User-created conte nt providers, beware!

"Bob" <[email protected]> Tue, 27 May 2008 10:29:23 -0500
Newsgroups gmane.games.devel.general
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Sorry to be blunt, but your storefront doesn't solve any problem. =
Certainly, you may create the eBay of artwork, centralizing commerce =
(you would not be much of a pioneer in that field now), but without =
copyright protection one sale is enough to completely devalue the work. =
The artist would be better served working on commission for business =
companies, where they still only make one sale, but themselves determine =
(often through bidding) the value of their work.

The problem is not how to charge for a work of art. Nor even how to keep =
people from copying a work that is on the internet for private use. It =
is, rather, how to avoid having your labour (and I do mean labour, as =
any 3d artist can tell you that a decent model represents often hundreds =
of hours of eye-straining, wrist-damaging work), exploited for the =
profit of others without compensation.


--b


From: Crosbie Fitch=20
  To: '[email protected]'=20
  Sent: Tuesday, May 27, 2008 4:42 AM
  Subject: Re: [GD-General] Pro-IP bill passed the house: User-created =
conte nt providers, beware!


  The QuestionCopyright article uses 'publishers' in the sense of =
'traditional publishers' for whom copyright was intended to most =
benefit. Copyright is actually impotent in the hands of self-publishers =
(web authors).

  It is understandable that traditional publishers will villify those =
who ignore their monopolies through file sharing, and that file sharers =
will villify those publishers who exert tortuous litigation against them =
(especially when those monopolies were never intended to prosecute the =
public at large).

  As for authors selling their work to their audience without relying =
upon copyright, I'll summarise what I've been up to in that area below, =
and then list a few links to Mike Masnick's ideas below that.

  However, do bear in mind that the issue isn't whether we rely upon =
copyright for another century or do without it. That decision has =
already been made. The issue is how we do without it, because it's no =
longer even effective, let alone reliable. I propose abolition not =
because that will stop people using unethical privileges, but because it =
would stop many people getting unnecessarily persecuted by litigous =
publishers grinding metal long after all tyres have burnt off (their =
copyright vehicle having reached a wall of ineffectiveness).

  So, what am I up to in trying to solve the problem of how to earn a =
living from one's art without copyright?

  Rather than advertising, the niche I'm focusing on is facilitating =
bargains between artist and audience, given these two parties seem most =
interested in an exchange of art for money.

  I started thinking along these lines when wondering how on earth one =
could enable members of the public to sell 3D art in a virtual world if =
it was completely decentralised (lawless wild-west):
  http://www.gamasutra.com/php-bin/article_display.php?category=3D14=20

  I then proposed an auction mechanism whereby an audience could haggle =
with an artist and all arrive at an agreeable price (that all successful =
bidders would pay), sooner or later.
  http://www.digitalartauction.com/=20

  For gamers here's a spin-off article I wrote for Develop magazine: =
http://tdaa.digitalproductions.co.uk/history/bcbm.htm

  I then decided something simpler would be better: =
http://www.quidmusic.com/=20

  Convinced I was on the right track, but not convinced I was best =
placed to take QuidMusic forward, I decided to create an engine that =
would support all manner of sites that needed to enable trading between =
artist and audience, i.e. http://www.contingencymarket.com/ . This, =
being commission free, would then enable anyone to use it in support of =
their own site.

  I'm now working on an even simpler site than quidmusic: 1p2u.com . =
It's in very early stages of development, but this will =
test/debug/demonstrate the contingencymarket. I'll then use it to =
replace the engine in quidmusic, and finally implement =
digitalartauction, and others, e.g. quidgames.

  See my site http://www.digitalproductions.co.uk for other links, e.g. =
http://micropledge.com


  Here's Mike Masnick's articles from TechDirt (for another approach =
entirely)

  The Grand Unified Theory On The Economics Of Free
  http://www.techdirt.com/articles/20070503/012939.shtml

  Others:
  a.. Economics Of Abundance Getting Some Well Deserved Attention

  a.. The Importance Of Zero In Destroying The Scarcity Myth Of =
Economics

  a.. The Economics Of Abundance Is Not A Moral Issue

  a.. A Lack Of Scarcity Has (Almost) Nothing To Do With Piracy

  a.. A Lack Of Scarcity Feeds The Long Tail By Increasing The Pie

  a.. Why The Lack Of Scarcity In Economics Is Getting More Important =
Now

  a.. History Repeats Itself: How The RIAA Is Like 17th Century French =
Button-Makers

  a.. Infinity Is Your Friend In Economics

  a.. Step One To Embracing A Lack Of Scarcity: Recognize What Market =
You're Really In

  a.. Why I Hope The RIAA Succeeds

  a.. Saying You Can't Compete With Free Is Saying You Can't Compete =
Period

  a.. Perhaps It's Not The Entertainment Industry's Business Model =
That's Outdated

  a.. An Economic Explanation For Why DRM Cannot Open Up New Business =
Model Opportunities

  a.. Recognizing That Just About Any Product Is A Bundle Of Scarce And =
Non-Scarce Goods

  a.. Scarcity Isn't As Scarce As You Might Think=20


  > -----Original Message-----
  > From: Troy Gilbert [mailto:[email protected]]
  > Sent: Tuesday, 27 May 2008 9:47am
  > To: [email protected]
  > Subject: Re: [GD-General] Pro-IP bill passed the house:
  > User-created conte nt providers, beware!
  >
  > > http://questioncopyright.org/promise
  >
  > Just an initial thought... the point is made here that copyright
  > "serves no one's interests but the publishers'." Of course, this
  > article uses "publishers" in the same vein as the RIAA uses "file
  > sharer", that is they vilify it to serve the purposes of their
  > argument.
  >
  > In fact, they stress time and again that the Internet has brought
  > about "instantaneous, costless sharing" which apparently is
  > justification enough for not charing for information -- something I
  > don't quite understand: why is that because something is "costless"
  > (even though it's not *actually* costless, but it's pretty close for
  > most scenarios) it's wrong to charge for it anyway? I mean, it =
doesn't
  > cost me anything to play my guitar, but I'd certainly not be in the
  > wrong to charge people to listen to a performance (and that seems to
  > be the "solution" for artists offered up by copyright-squashers).
  >
  > But something I don't see addressed... in this "Internet-era" we see
  > many, many more artists that are also self-published. So, these
  > arguments and vilification of "publishers" and championing of =
artists
  > kinda breaks down in a world where there are a great many
  > self-published artists. In effect, you could substitute artist for
  > publisher in many of this article's statements with the result being
  > an argument for stripping *artists* of control over their work and
  > their ability to derive income from it! Yikes!
  >
  > Explain to me this: in a world where copyright is abolished, how =
does
  > an author earn an income? Let's say Tom the author writes a book and
  > sells a copy to Bob. Bob works for Random House. He goes to work and
  > hands Random House Tom's book. He says, "I wrote this. Let's publish
  > it." Random House prints thousands of copies and with their =
marketing
  > strength drowns out any attempt by Tom to promote and sell his own
  > work. And without copyright, he has no recourse because Random House
  > has done nothing wrong ("information wants to be free, man...").
  >
  > So, tell me, practically, given the world we live in today (or
  > tomorrow, or 10 years from now), how would a creator of IP earn a
  > living?
  >
  > Troy.




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<DIV><FONT face=3DArial size=3D2>Sorry to be blunt, but your storefront =
doesn't=20
solve any problem. Certainly, you may create the eBay of artwork, =
centralizing=20
commerce (you would not be much of a pioneer in that field now), but =
without=20
copyright protection one sale is enough to completely devalue the work. =
The=20
artist would be better served working on commission for business =
companies,=20
where they still only make one sale, but themselves determine (often =
through=20
bidding) the value of their work.</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>The problem is not how to charge for a =
work of art.=20
Nor even how to keep people from copying a work that is on the internet =
for=20
private use. It is, rather, how to avoid having your labour (and I do =
mean<EM>=20
labour</EM>, as any 3d artist can tell you that a decent model =
represents often=20
hundreds of hours of eye-straining, wrist-damaging=20
<STRONG><EM>work)</EM></STRONG>,&nbsp;exploited&nbsp;for the profit=20
of&nbsp;others without compensation.</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>--b</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV><B>From:</B> <A [email protected]=20
href=3D"mailto:[email protected]">Crosbie Fitch</A> </DIV>
<BLOCKQUOTE=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
  <DIV style=3D"FONT: 10pt arial"><B>To:</B> <A=20
  [email protected]=20
  =
href=3D"mailto:'[email protected]'">'gamedevlist=
[email protected]'</A>=20
  </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Tuesday, May 27, 2008 =
4:42 AM</DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Subject:</B> Re: [GD-General] =
Pro-IP bill=20
  passed the house: User-created conte nt providers, beware!</DIV>
  <DIV><BR></DIV>
  <DIV><!-- Converted from text/plain format --><FONT size=3D2>The=20
  QuestionCopyright article uses 'publishers' in the sense of =
'traditional=20
  publishers' for whom copyright was intended to most benefit. Copyright =
is=20
  actually impotent in the hands of self-publishers (web =
authors).</FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2>It is understandable that traditional publishers =
will=20
  villify those who ignore their&nbsp;monopolies through file sharing, =
and=20
  that&nbsp;file sharers will villify those publishers=20
  who&nbsp;exert&nbsp;tortuous litigation&nbsp;against them (especially =
when=20
  those monopolies were never intended to prosecute the public at=20
  large).</FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2>As for authors selling their work to their =
audience without=20
  relying upon copyright, I'll summarise what I've been up to in that =
area=20
  below, and then list a few links to Mike Masnick's ideas below=20
  that.</FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2>However, do bear in mind that the issue isn't =
whether we=20
  rely upon copyright for another century or do without it. That =
decision has=20
  already been made. The issue is how we do without it, because it's no =
longer=20
  even effective, let alone reliable. I propose abolition not because =
that will=20
  stop people using unethical privileges, but because it would stop many =
people=20
  getting unnecessarily persecuted by litigous publishers grinding metal =
long=20
  after all tyres have burnt off&nbsp;(their copyright vehicle having =
reached a=20
  wall of ineffectiveness).</FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2>So, what am I up to in trying to solve the problem =
of how to=20
  earn a living from one's art without copyright?</FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV>Rather than advertising, the niche I'm focusing on is =
facilitating=20
  bargains between artist and audience, given these two parties seem =
most=20
  interested in an exchange of art for money.<BR><BR>I started thinking =
along=20
  these lines when wondering how on earth one could enable members of =
the public=20
  to sell 3D art in a virtual world if it was completely decentralised =
(lawless=20
  wild-west):<BR><A title=3Dgamasutra.com=20
  =
href=3D"http://www.gamasutra.com/php-bin/article_display.php?category=3D1=
4">http://www.gamasutra.com/php-bin/article_display.php?category=3D14</A>=
=20
  <BR><BR>I then proposed an auction mechanism whereby an audience could =
haggle=20
  with an artist and all arrive at an agreeable price (that all =
successful=20
  bidders would pay), sooner or later.<BR><A =
title=3Ddigitalartauction.com=20
  =
href=3D"http://www.digitalartauction.com/">http://www.digitalartauction.c=
om/</A>=20
  </DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2>For gamers here's a =
spin-off=20
  article I wrote for Develop magazine: <A=20
  =
href=3D"http://tdaa.digitalproductions.co.uk/history/bcbm.htm">http://tda=
a.digitalproductions.co.uk/history/bcbm.htm</A></FONT></DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2></FONT><BR>I then =
decided something=20
  simpler would be better: <A title=3Dquidmusic.com=20
  href=3D"http://www.quidmusic.com/">http://www.quidmusic.com/</A>=20
  <BR><BR>Convinced I was on the right track, but not convinced I was =
best=20
  placed to take QuidMusic forward, I decided to create an engine that =
would=20
  support all manner of sites that needed to enable trading between =
artist and=20
  audience, i.e. <A title=3Dcontingencymarket.com=20
  =
href=3D"http://www.contingencymarket.com/">http://www.contingencymarket.c=
om/</A>=20
  . This, being commission free, would then enable anyone to use it in =
support=20
  of their own site.<BR><BR>I'm now working on an even simpler site than =

  quidmusic: 1p2u.com . It's in very early stages of development, but =
this will=20
  test/debug/demonstrate the contingencymarket. I'll then use it to =
replace the=20
  engine in quidmusic, and finally implement digitalartauction, and =
others, e.g.=20
  quidgames.</DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2>See my site&nbsp;<A=20
  =
href=3D"http://www.digitalproductions.co.uk">http://www.digitalproduction=
s.co.uk</A>=20
  for other links, e.g. <A=20
  =
href=3D"http://micropledge.com">http://micropledge.com</A></FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2>Here's Mike Masnick's articles from TechDirt (for =
another=20
  approach entirely)</FONT></DIV>
  <DIV><FONT size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2>The Grand Unified =
Theory On The=20
  Economics Of Free</FONT></DIV>
  <DIV><FONT size=3D2><A=20
  =
href=3D"http://www.techdirt.com/articles/20070503/012939.shtml">http://ww=
w.techdirt.com/articles/20070503/012939.shtml</A></FONT></DIV>
  <DIV><FONT face=3DArial color=3D#0000ff size=3D2></FONT>&nbsp;</DIV>
  <DIV><FONT size=3D2><FONT face=3DArial =
color=3D#0000ff>Others:</FONT></DIV>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20061026/102329.shtml">Economics=
=20
  Of Abundance Getting Some Well Deserved Attention</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20061025/014811.shtml">The=20
  Importance Of Zero In Destroying The Scarcity Myth Of =
Economics</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20061115/020157.shtml">The=20
  Economics Of Abundance Is Not A Moral Issue</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20061129/010043.shtml">A Lack =
Of=20
  Scarcity Has (Almost) Nothing To Do With Piracy</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20061206/011155.shtml">A Lack =
Of=20
  Scarcity Feeds The Long Tail By Increasing The Pie</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20061213/234018.shtml">Why The=20
  Lack Of Scarcity In Economics Is Getting More Important Now</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070110/004225.shtml">History=20
  Repeats Itself: How The RIAA Is Like 17th Century French =
Button-Makers</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070118/013310.shtml">Infinity =

  Is Your Friend In Economics</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070125/004949.shtml">Step One =

  To Embracing A Lack Of Scarcity: Recognize What Market You're Really=20
In</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070201/004218.shtml">Why I=20
  Hope The RIAA Succeeds</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070215/002923.shtml">Saying=20
  You Can't Compete With Free Is Saying You Can't Compete Period</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070222/002451.shtml">Perhaps=20
  It's Not The Entertainment Industry's Business Model That's =
Outdated</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/article.php?sid=3D20070301/005837">An=20
  Economic Explanation For Why DRM Cannot Open Up New Business Model=20
  Opportunities</A><BR>
  <LI><A=20
  =
href=3D"http://www.techdirt.com/articles/20070315/013313.shtml">Recognizi=
ng That=20
  Just About Any Product Is A Bundle Of Scarce And Non-Scarce =
Goods</A><BR>
  <LI><A =
href=3D"http://www.techdirt.com/articles/20070322/024237.shtml">Scarcity =

  Isn't As Scarce As You Might Think</A>=20
  <P><FONT face=3DArial color=3D#0000ff></FONT><FONT face=3DArial=20
  color=3D#0000ff></FONT><BR><BR>&gt; -----Original Message-----<BR>&gt; =
From:=20
  Troy Gilbert [<A=20
  =
href=3D"mailto:[email protected]">mailto:[email protected]</A>]=
<BR>&gt;=20
  Sent: Tuesday, 27 May 2008 9:47am<BR>&gt; To:=20
  [email protected]<BR>&gt; Subject: Re: =
[GD-General]=20
  Pro-IP bill passed the house:<BR>&gt; User-created conte nt providers, =

  beware!<BR>&gt;<BR>&gt; &gt; <A=20
  =
href=3D"http://questioncopyright.org/promise">http://questioncopyright.or=
g/promise</A><BR>&gt;<BR>&gt;=20
  Just an initial thought... the point is made here that =
copyright<BR>&gt;=20
  "serves no one's interests but the publishers'." Of course, =
this<BR>&gt;=20
  article uses "publishers" in the same vein as the RIAA uses =
"file<BR>&gt;=20
  sharer", that is they vilify it to serve the purposes of their<BR>&gt; =

  argument.<BR>&gt;<BR>&gt; In fact, they stress time and again that the =

  Internet has brought<BR>&gt; about "instantaneous, costless sharing" =
which=20
  apparently is<BR>&gt; justification enough for not charing for =
information --=20
  something I<BR>&gt; don't quite understand: why is that because =
something is=20
  "costless"<BR>&gt; (even though it's not *actually* costless, but it's =
pretty=20
  close for<BR>&gt; most scenarios) it's wrong to charge for it anyway? =
I mean,=20
  it doesn't<BR>&gt; cost me anything to play my guitar, but I'd =
certainly not=20
  be in the<BR>&gt; wrong to charge people to listen to a performance =
(and that=20
  seems to<BR>&gt; be the "solution" for artists offered up by=20
  copyright-squashers).<BR>&gt;<BR>&gt; But something I don't see =
addressed...=20
  in this "Internet-era" we see<BR>&gt; many, many more artists that are =
also=20
  self-published. So, these<BR>&gt; arguments and vilification of =
"publishers"=20
  and championing of artists<BR>&gt; kinda breaks down in a world where =
there=20
  are a great many<BR>&gt; self-published artists. In effect, you could=20
  substitute artist for<BR>&gt; publisher in many of this article's =
statements=20
  with the result being<BR>&gt; an argument for stripping *artists* of =
control=20
  over their work and<BR>&gt; their ability to derive income from it!=20
  Yikes!<BR>&gt;<BR>&gt; Explain to me this: in a world where copyright =
is=20
  abolished, how does<BR>&gt; an author earn an income? Let's say Tom =
the author=20
  writes a book and<BR>&gt; sells a copy to Bob. Bob works for Random =
House. He=20
  goes to work and<BR>&gt; hands Random House Tom's book. He says, "I =
wrote=20
  this. Let's publish<BR>&gt; it." Random House prints thousands of =
copies and=20
  with their marketing<BR>&gt; strength drowns out any attempt by Tom to =
promote=20
  and sell his own<BR>&gt; work. And without copyright, he has no =
recourse=20
  because Random House<BR>&gt; has done nothing wrong ("information =
wants to be=20
  free, man...").<BR>&gt;<BR>&gt; So, tell me, practically, given the =
world we=20
  live in today (or<BR>&gt; tomorrow, or 10 years from now), how would a =
creator=20
  of IP earn a<BR>&gt; living?<BR>&gt;<BR>&gt; Troy.<BR></FONT></P>
  <P>
  <HR>

  =
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  SF.net email is sponsored by: Microsoft<BR>Defy all challenges. =
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