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25 new of 126 responses total.
krj
response 65 of 126: Mark Unseen   Sep 11 17:47 UTC 2000

Is the Business 2.0 item online, or should I go stand in the magazine 
section in Borders to read it?  :)
 
((Heh, amusing side digression.  In America it is expected that some 
degree of free reading will take place at a newsstand.  When I was in 
London in 1995, strolling down a street, the headline on a folded 
newspaper caught my eye:  "HURRICANE THREATENS BRITS" or some similar
thing.  I'm a hurricane junkie, so I flipped the paper up to glance
at the lead story, which was on the side I couldn't see -- and the 
news vendor's hand slammed the paper down.  "35 pence," he growled.
I paid.))
tod
response 66 of 126: Mark Unseen   Sep 11 17:49 UTC 2000

I did something like that in '92 where I read the interview with
Jello Biafra and Ice T in SPIN magazine and was quite sure
that Ice T was an up and coming/already established
entrepeneur.  
tod
response 67 of 126: Mark Unseen   Sep 11 17:50 UTC 2000

re #65
I have a subscription. I rarely read off the rack.
goose
response 68 of 126: Mark Unseen   Sep 11 18:04 UTC 2000

RE#33 - "Celebrated Courtney Love piece"?!?  She stole that from Steve Albini.
Do a seach on "The Problem With Music" and read his original essay.

Ms. Love is one to talk about piracy.
krj
response 69 of 126: Mark Unseen   Sep 11 18:16 UTC 2000

Heh.  True.  I recognized the numbers she used as Albini's.
But Love got the issue much more circulation.
 
And remember that copyright only covers the precise expression of 
an idea, not the idea itself.
krj
response 70 of 126: Mark Unseen   Sep 11 19:54 UTC 2000

Today's web news reports that two major music releases have hit
Napster.  First, someone seems to have ripped and uploaded a pre-release
copy of the new Wallflowers album, and Universal Music is pissed,
because they were really working on cranking the hype machine up for 
it.
 
It is rumored/reported that Smashing Pumpkins have released a final
album in a limited edition pressing of 25 vinyl copies, with 
the wish that it be distributed through the net.  This is a parting
"fuck you" gesture to their record company and if the news & release
are genuine the legal issues may be interesting.  A web page about
the Pumpkins release is at http://machina2.cjb.net; this is not 
a link to the music.
 
I can't be positive the Pumpkins story is not a hoax.
The Wallflowers story is derived from www.inside.com who are usually
reliable.
krj
response 71 of 126: Mark Unseen   Sep 11 19:58 UTC 2000

((Oops, the actual mp3s are in that web site.  Maybe that will be 
ruled an illegal link.))
tod
response 72 of 126: Mark Unseen   Sep 11 20:04 UTC 2000

Those bands suck.
scg
response 73 of 126: Mark Unseen   Sep 12 07:03 UTC 2000

It doesn't sound from what I'm reading here as if the record companies are
treating teh artists very well.  That would seem to open the door to some new
record companies that could lure artists by treating them much better.  What's
stopping that?  Are the costs of running a record company so high that, even
with some competition, they could pay the artists any more than they already
are?

For whatever reason, many artists are chosing to release their stuff through
record companies.  They seem to be deciding that the record companies, in
buying their work from them, producing and marketing their CDs, and so forth,
are providing them with some sort of valuable service, at least more valuable
than what they could get from anybody else.  I'm guessing, therefore, that
if people were to start exclusively making free copies of their music, thus
causing them to provide no economic benefit to the record companies, that
these artists might suddenly start wishing the record companies would come
back.

I do think the record companies' business model is wrong.  When they're
selling $20 CDs that I have to go to a store and look for, I generally don't
buy anything unless I'm quite sure that there's something on the CD that I
really want, and it's stopped getting enough radio play for me to hear it on
the radio on a regular basis (however, if it had never made it to the radio,
I probably wouldn't have noticed it in the first place).  If, however, there
were some online service I could get an account on, and get charged, say, 50
cents per copy for each piece of music I downloaded, I would probably spend
considerably more on music than I do now.  Until something like that happens,
while I don't think it's legal or right, I expect things like Napster to keep
getting bigger.  I doubt many of Napster's users have any strong objection
to giving some amount of money to the artists or record companies, but all
financial issues aside Napster makes a much easier way to obtain copies of
music than buying CDs in record stores.  I think we've seen this happening
with the software industry over the last several years.  It used to be that
there were large stores full of various shrink wrapped software packages that
people had to go buy.  Maybe such stores still exist, but I haven't seen any
lately.  The software industry certainly still exists, split between a few
large players in the computer market whose stuff can be bought at computer
and office supply stores, expensive specialized software that gets sold by
actual sales people directly to the companies that use it, and everything else
that can get downloaded off the publishers' websites by providing a credit
card number.
gull
response 74 of 126: Mark Unseen   Sep 12 13:59 UTC 2000

I'm not sure why there aren't more record companies.  I think part of it is
that the major, RIAA-member companies pretty much have a lock on retail
space, and in the past they've punished store chains that didn't help them
maintain that.  There may be issues with licensing the Phillip CD audio
patents to produce CDs, too, but I'm not sure.
scott
response 75 of 126: Mark Unseen   Sep 12 15:01 UTC 2000

It's because the major labels have a pretty good lock on retail space,
MTV/radio promotion, etc.

And even honest promotion these days is pretty expensive at the top end; not
many companies can get a deal with Burger King or McDonalds.
goose
response 76 of 126: Mark Unseen   Sep 12 17:24 UTC 2000

RE#74 -- IT has nothing to do with Phillips patents.
mcnally
response 77 of 126: Mark Unseen   Sep 12 20:23 UTC 2000

  It's largely the access to promotional and distribution channels that
  keeps the smaller labels out on the margins..
krj
response 78 of 126: Mark Unseen   Sep 15 03:25 UTC 2000

   ((( Summer Agora #550  now linked as  Music #280, as this 
       Agora rolls over in a week.  )))
brighn
response 79 of 126: Mark Unseen   Sep 15 13:50 UTC 2000

When did it become legal to make copies of your music and give it to your
friends and family?
(going back to the early bits of the item...)

I've always been told that's illegal.
rcurl
response 80 of 126: Mark Unseen   Sep 15 14:01 UTC 2000

It is.
polygon
response 81 of 126: Mark Unseen   Sep 15 14:42 UTC 2000

Re 79-80.  See the Home Audio Recording Act for details on this.  I
doubt that making a recording and giving it to a family member is illegal
any more, even technically.  As to friends, I'm not sure.
polygon
response 82 of 126: Mark Unseen   Sep 15 14:52 UTC 2000

Re 62.  "Stolen" and "theft" apply to taking away tangible property
without authority.  They DO NOT apply to unrelated kinds of deprivation of
property rights, except as rhetoric or spin. 

For example, if someone who has your property with your permission takes
it for his own use -- that is "conversion", not theft.  One of the
founders of Ann Arbor raised money for his venture by taking his Maryland
neighbors' farm animals to market, promising to bring back the money from
sales; he never did.  A related concept is "fraud".

Another example, if the adjoining property owner builds his house in such
a way that it extends five feet over the property line, depriving you of
many square feet of your land -- that is "encroachment", not theft.

And if someone takes your copyrighted work and republishes it, making vast
profits for himself -- that is "infringement", not theft.

There are specific legal remedies for each of these things, and many more.
But none of the remedies involve using words like "theft" or "steal"
except as rhetoric.
tpryan
response 83 of 126: Mark Unseen   Sep 15 16:21 UTC 2000

        CD-RAudio would also fit, then, since it two is media that a 
blanket royalty has been applied to.  That's why it is more expensive,
but not all the 75 cent to $2.50 difference one can find in CD-R prices
and CD-RAudio prices.
rcurl
response 84 of 126: Mark Unseen   Sep 15 16:43 UTC 2000

How about "vernacular", Larry? In the vernacular, if you take something
that isn't yours, you have "stolen" it. The legal terms apply, of course,
once you enter the courthouse. (I guess it would also be correct to use
the general expression, in place of 'to steal', 'to cause an insecurity
without permission in one's person, houses, papers and effects'.) 

brighn
response 85 of 126: Mark Unseen   Sep 15 16:50 UTC 2000

#81> I would assume that what's legal is making copies for household members,
not family members per se. 

#82> "theft" has a definition in the dictionary. It may have a separate (more
restricted) definition in legal lingo, but according to my dictionary,
copyright infringement is theft. We're not lawyers here.

goose
response 86 of 126: Mark Unseen   Sep 15 18:37 UTC 2000

copyright infringement is your best entertainment value.

http://www.negativland.com

As an aside, it wasn't clear to me if Paul was talking about making copies
of *his* music or of music from his record collection.
You can make all the copies of *your* music you want and give them to
everyone,
but the music on the CD's in your collection is not *your* music.
polygon
response 87 of 126: Mark Unseen   Sep 15 19:40 UTC 2000

Re 85.  Please cite and quote this dictionary definition.

The fact that lots of people say sidewalks are "cement" may make it the
common, ignorant use of the word, but it is a fact that they are concrete,
not cement.

Using "theft" to mean copyright infringement is specifically a political
use of the word, like the use of "murder" to mean legal abortion.
brighn
response 88 of 126: Mark Unseen   Sep 15 19:47 UTC 2000

theft. The act of stealing.
steal. to take (the property of another or others) without permission or
right, esp. secretly or by force.

Copyrighted materials fall under the heading "intellectual property."
property. 4. ownership, right of possession, enjoyment, or disposal, esp. of
something tangible... 8. a written work, play, movie, etc. bought or optioned
for commercial production or distibution.

Source (except for the line starting "Copyrighted"): Random House Webster's
College Dictionary, Random House, New York, 1991.

Same source, incidentally:
murder. the unlawful killing of a person.

So long as abortion is legal, it isn't murder. That's not political rhetoric,
that's a circular claim (since "murder" presupposes legality).
polygon
response 89 of 126: Mark Unseen   Sep 15 19:53 UTC 2000

Re 88.  Ah, it appears that you transposed the broadest possible definition
of "property" into the "theft" definition, which is apparently too brief.
Better luck next time.
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