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Eddie wrote:
TheGreg wrote:
Eddie wrote:

It pretty much boils down to, do you like living in a world where movies like this exist?  Then until a better model can sustain them, please support these movies in the model that exists.

I have a feeling Feudal Lords made that argument about food to peasant farmers.

Right, but we're not talking about life sustaining food which everyone needs, and in my opinion, is a human right.  We're talking about entertainment which people want, and come to an agreement under a social contract to reward goods and services.

I think information and ideas are crucial in this day and age. Not as crucial as food, I'll grant you, but crucial, nonetheless. Transformers 17 is the tip of the iceberg, we're talking about a legal system that wants to lay claim to pretty much all human knowledge and expression.

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Eddie wrote:

I would like to say Greg, that in all of your critiques of the current model, you have very few specifics of exactly how a new model would sustain it. 
"I'm sure creative people will find a way to make good content pay for itself - they always have, even before copyright."
There's a lot of this hopeful language in your parts and very few sustainable solutions.  How would financing major feature films work, exactly?  You can poo poo the current version all you want, and there's much to poo poo.  But just like the Nielson's, it's the best option for now that allows most creators and most consumers to walk away happy.

It's not really my job to figure out how people should make a living in a new era of technology. I don't know how to 'finance major feature films', I don't really think digital copying impacts them particularly much, and I'm not sure whether there is really that much interest in saving them, even if they were endangered.
If recouping per-copy-sales disappears as a revenue model I am certain someone will figure it out.

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Give my regards to my sister next time you see her Teague! wink

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Eddie wrote:

It pretty much boils down to, do you like living in a world where movies like this exist?  Then until a better model can sustain them, please support these movies in the model that exists.

I have a feeling Feudal Lords made that argument about food to peasant farmers.

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Teague wrote:

Yeah. And I agree, you have to take into account the real-world-ness of the thing and just say "this happens now, and they have to deal with it."

I'm more concerned about the enthusiastic defense of dismantling the system, because, as Trey cleverly put, "if you insist on removing the value from things that were intended to have it, you are removing the market incentive to make those things."

It's not me that's 'removing value'. Markets establish value. If the thing is available for free, it's value will be affected by that. Something that is rare and desirable will have value because of that. Something that can be duplicated for free will not have any scarcity value. That's economics 101. Bizarrely, companies manage to sell bottled drinking water, despite drinking water being available free almost everywhere. Apple manages to sell MP3s, despite them being available free. It is possible make money in an environment without scarcity, but you do have to add value, you can't just declare it.

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Trey wrote:

Here I was drafting a reply to theGreg from way back in the thread, and look what's happened in the meantime...  goodness.

Anyway, leaving my intended post aside in order to jump into the thread where it stands now...

This is back to whether buggy-whip manufacturers can make money in the current technological age.

Buggy whips may not be the best analogy here, since the market for buggy whips literally disappeared due to technological changes in society.     However, the market for media is arguably bigger than ever, which is one of the good things about the new digital world we live in.    There are more opportunities and options for content creators than ever before, this is absolutely true.

Agreed.

Trey wrote:

The "buggy whip" that is in most jeopardy is high-end professional content, which as others have pointed out, only comes from a front-loaded high-priced investment of a lot of time and talent.  Nobody will ever make that investment only to give it away for free and hope they get some donations.    Without a reliable revenue stream to support such a risky undertaking, then yes, that industry will die out.

I doubt it. It's not like large expensive pieces of art were never created before copyright came along. Subscription models, patronage etc all existed in ancient times.

Trey wrote:

And thus it may well be that  tv networks and movie studios will eventually go away.  There may be a future where "media" is nothing but garage bands and youtube webcam videos, supported solely by donations because that's all they need to keep making them.   However, since all of us DiF panelists make our livings in the buggy whip industry, you can maybe see why we're not excited about that prospect.  smile

I don't think you need be so pessimistic - I'm sure creative people will find a way to make good content pay for itself - they always have, even before copyright.

Trey wrote:

I'll say this though - at the current state of things, the pay-model is still a far better bet than the donation-model, and the obvious example is Down In Front.    Here at DiF we make content available for free on a weekly basis, and only ask (gently) for donations in return.   Only Teague knows the dollar figures, but I'm gonna go out on a limb and guess there hasn't been a huge fiscal return on our three years of effort.

And that's fine, none of us does DiF to make money, nor do we expect to.  But you should note that every one of us abandons DiF on any given week if there's a paying job available instead.  smile   Even with its damn-near-nothing production overhead, it costs every single one of us something to make DiF every week.   Even if it's mostly just time and gas money, that's not nothing.

Now I'll go out on a further limb and bet that if we changed to a paid model, we'd lose most of our listeners... and make a lot more money.    If we switched to a ten-dollar-a-month-all-you-can-eat subscription model, and thus immediately reduced our listener base to a total of seventeen people... DiF would be making more money than it does now via unlimited availability and a donation model.

Well, there are a lot of projects that we do that are not about money, and a lot of art that is not primarily commercial. I don't think that's a bad thing. A lot of people use projects not dissimilar to DIF as a kind of portfolio or calling card to drum up business, I've no idea whether that works for you, but it has helped me in the past.

Trey wrote:

And although you pointed out some cases where donation models are successful, those remain the exception and not the rule.    Most internet "we made a thing, now give us money if you liked it!" models are just like DiF - unprofitable.

Absolutely - we're in a time of transition.

Trey wrote:

Regardless of whether it's buggy whips or cars or Cloud Atlas or strawberry smoothies: if a thing is available for free, it has no value.

Woah there cowboy. If a thing is available for free it has no value? Tell that to the homeless medical clinic in the town I live in! Tell it to the EPA! You can't really be serious?

Trey wrote:

We choose to make DiF free because what the hell, we don't care.     But if you insist on removing the value from things that were intended to have it, you are removing the market incentive to make those things.     You may not miss buggy whips, but you might miss (name of favorite tv show or movie) when it stops being worth making.

It's not about me, it's about the changing landscape of technology and commerce. I can't put the genie back in the bottle for you. I totally agree that we have to find a way to pay for content we want, but where we disagree is that I believe we can't do that at the expense of making increasingly bizarre and unworkable laws to try to pretend that the 1990s didn't happen and that computers don't exist.

Trey wrote:

EDIT:  Posted before I saw Teague's post, to which I will only say, wow.  wink

Yeah really!

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Well Teague, I do take that in the spirit that I think it was intended, and you have to get up pretty early in the morning to offend me, so here goes. Let me try to make sense of this.
1. My sister runs a business.
2. She has an hourly rate that she charges clients, that varies depending on services provided.
3. A client photographs her at work, and puts that photograph on the internet.
4. She feels that her business is negatively impacted by the picture.

OK, so what recourse does she have, if any? Honestly? I don't think she has any. It seems like a client took a picture (perhaps against her will? Who knows?) to which they own the copyright. It doesn't sound like there is any commercial angle, or defamation involved. It seems like it's unfortunate, but if, in the 21st century, you want to run that particular business (or any other for that matter), you probably do have to deal with the fact that your clients have phone cameras and twitter accounts.

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Eddie wrote:

Nope, it's the same IDEA.  What is different is the VALUE ADDED to that idea.

Well, I simply don't agree. Ultimately I don't know that there is a way to settle that. It seems obvious to me that Ian McKellen reading a book is a very different idea from a film adaptation.

Eddie wrote:

THAT is what you are paying for. You're paying for Peter Jackson, Fran Walsh, and Philippa Boyens to condense (although apparently not by much) a novel into three movies on page form. Then you're paying for the actors to add something to the roles, you're paying all of New Zealand to add some part of it.

You seem to be making the case that it should be the 1950s, so that Peter Jackson, Fran Walsh, and Philippa Boyens can make a living adapting the Hobbit for film. I would kind of like that too, in some ways, but I can't make it happen for them. They have to create a business model for themselves that works in the 21st century. Actually in their case selling the experience of seeing it on a huge screen, and selling fancy box sets with post cards and the like does pretty well. I don't really think that digital copying hurt LOTR.

Eddie wrote:

So you get an hourly rate for your work.  Who then, pays the hourly rate for all those people I just listed.

As I say, I'm not sure, but it's really up to them to figure that out.

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I'm sorry - I can't agree that those are 'lieterally THE SAME IDEA'.

They are two very different ideas, conceptions of performances inspired by the same book.

And, yes, I trade in ideas, and information, and I make it freely available without charge. I make a living by changing an hourly rate for custom work, and asking for donations for work that is freely available.

And btw. I would pay money to have Ian McKellen read the Hobbit to me.

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Eddie wrote:

People are still buying her merch.  Her sales haven't dropped at all, and by her own admission it's a tiny, tiny number of people who do it. 

So I ask you again to articulate a defense for her (I already know why I'm against it).  If no one is harmed, if her sales aren't impeded, and if people who admire her work and can't afford one of her products but a cheaper version as well....why should she vigourously prevent people from doing that?

Well I'm not certain I think she should, it sounds like people copying her stuff isn't causing any real problems. I think she might have a moral right to, if someone was passing off her work fraudulently, causing repetitional problems for her.

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Eddie wrote:

And films are not ideas.

Of course they are. They are fundamentally information.

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Eddie wrote:

But why should you care that someone is doing that?  Mel still makes a living.  No one is harmed, right?

Well, I think someone is harmed by fraud, for a variety of reasons that should be obvious.

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C-Spin wrote:

DRM is a different matter entirely. If I've paid for something, then i feel I'm entitled to do what I want with that file, whether that's burning a back-up DVD or putting it on a portable player or whatever. Restricting that stuff is absolutely poor practice, in my mind. But that's not what you were talking about before, you were talking about a company willingly putting their project up for free, and letting people donate if they want to. That system doesn't make sense for anybody whose goal is to make money. And film is a business just as much as it is an art form.

Maybe there's a theoretical difference, but in practice every company is putting their digital stuff up for free. The only question really is whether their distribution channel is as easy to use, and as good quality, as the free alternative.

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Eddie wrote:

Let me give you another example, and I'd love to get your opinion on this Greg.  My friend, the supremely awesome Melita Curphy owns a website called missmosnter.com

There, she sells clothing, accessories, dolls, statues, and other art of hers that you can purchase.  This is her profession.  SHe does no other job for a living.  She is one of the busiest people I know.  Part of the reason she is busy is because a good chuck of her time is spent busting people on deviantart, cafe press, and zazzle who take her images off her website, and see merch of it on coffee mugs and shirts. 

Now, under your logic.....all anyone is doing is taking an image that is digital and doing something with it.  So it's ok, right?  If you think not, I'd like to hear why.

Ah, now here's where I agree with you. What's happening here is something slightly different. Someone is fraudulently passing off her designs as theirs, and selling t shirts with her picture on them as if they were their own. It's  fraud. If I were to copy her image from her website, and enjoy it at home, that isn't.

Having said that, I'm not certain how practical it is for her to expect an image on the internet not to be duplicated. The reality is that at some point in the future what bread-machines did to bakers will happen to a lot of physical goods manufacturers as 3d printers mature. I don't think I want to sacrifice the prospect of the elimination of scarcity ala Star Trek to the short term interests of frightened industries.

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Eddie wrote:

No...that's not the argument.  There ARE in fact people who make Horse Buggies and sell them.

http://www.horseloverz.com/Whips/478603 … -Whip.html

It may be a niche market, but it's still a MARKET.  If people want to buy horse buggies, they can, and they are compensated for them.  At no point do people say, "Eh, this thing isn't really used that much anymore, so it should just be free.  Right Vinnie?"

Well more power to them - they've figured out how to make a living doing something despite technology changing the landscape for them. We should just be grateful that they didn't have anything like the RIAA to lobby to have laws banning cars. As to your second point, ideas are not things.

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Eddie wrote:

Here's the net negative.  If enough people like something enough to want it, but not to contribute to it, then the person or people making it cannot continue to sustainably make anything.  If John goes into the red on this project to the point where he can no longer support himself by doing these projects, then we get no more movies by John Hudgeons.    That may not matter to you.  In fact, I'm pretty sure it doesn't.

This is back to whether buggy-whip manufacturers can make money in the current technological age. Maybe they can find a way, maybe not, but someone with a product to market has to figure out how to make a living despite there not being as many horse drawn carriages on the road. I can't put the genie back in the bottle for you, or make it 1950 again for you.

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C-Spin wrote:
TheGreg wrote:

The claim that every copy is a lost sale is a slightly weaker version of this fallacy, and makes the case that everyone who makes a copy of something would have paid for it had they not had the ability to make a copy, but the problem is that this is quite obviously false. The number of people who would watch something for $15 is a lot smaller than the number of people who would watch it for free. Clearly as you increase the price, the number of people interested drops off. Plainly every copy made is not the removal of some notional purchase.

It's true that every pirated copy is not necessarily a lost sale. Somebody may torrent Transformers 3 and watch it for free, but they would never pay to watch it. I'm with you there.

But why would somebody willingly put their product in a position where people could do that more easily? It takes time, effort, and money to make a movie, and you make that investment in the hope that the movie will turn a profit and you will be compensated. So you make a distribution deal, and people have to pay if they want to see your movie. That's a fair system. Why should a company willingly indulge the people who want to see it for free, who don't care enough to pay? There's no benefit to them. With digital copies it may not be a physical object you're selling, but it's still a product and it still has value. The system you outline doesn't make any sense.

Why? Because if they make it more difficult for someone to watch it by paying, and if the version that someone gets by paying is inferior (with can't-skip sections, for example) they are crippling their business model. That's why Apple stopped selling drm music - people can download it free, but if the paid service is as good (or even better) and not crippled, then (some) people will pay.

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Teague wrote:

Libraries might not be the publishing industry's favorite thing, but you do make a deal with the library that you adhere to, just as they make a deal with whomever supplies the books, which they adhere to.

It's not that the are not the publishing industry's favorite thing, it's that all the arguments you are using against copying were made against libraries too. Replace the word 'copying' with 'lending' in your arguments, and see if you don't feel differently.

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Teague wrote:

The fact that someone produces something they want to sell does not oblige anyone else to buy it.

I would agree with that, if in addition to not buying it, they didn't use it.

However, when you don't buy a thing, and then use it anyway, there is a problem.

Well then you're almost there! All you have to do is to realize that, if someone has no intention of paying for something, and still makes a copy of it, then there is absolutely no negative consequence for anyone. Only a net positive for the person who made the copy.

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"Right now I'm kinda just trying to pin down where we disagree on the concept of a thing being made with the express purpose of being purchased, and someone not purchasing it, still getting the benefits of having purchased it, and any argument that doesn't devolve into 'well, you really can't expect me to pay for something, can you?'"

I'm not sure what the argument against it is. I mean, book publishers would love to pass laws banning libraries, and banning sharing of books - that argument was made, in fact, and went all the way to the supreme court, which is where we get the First Sale Doctrine. The argument there was that a thing was being made (a book) with the express purpose of being purchased, and that lending it, or selling it, was stealing income from the publisher.

Thankfully that argument was thrown out. The fact that someone produces something they want to sell does not oblige anyone else to buy it.

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Let's say someone wants to make buggy whips but doesn't expect anyone to pay for them. Where does the investment come from to get them made? Who pays the people to make the whips? Assuming you're in America, your social net isn't fantastic. Who pays your rent and food bills while you work for several years on making buggy whips? That project may not make a profit if people don't decide to pay, or only pay what they like.

I get that it's hard, but sometimes industries go though tumultuous times and have to adapt.

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Now we're getting somewhere. If I were a professional joke writer, I think I would want to get paid by the hour, because the idea that it would be illegal for someone to repeat a joke they heard is horrific to me. I hope it is to you, but at this point I am not sure.

I for one don't want to live in the kind of world where we have to mail residual checks to joke-writers, or worry that we might be overheard by copyright police 'stealing' jokes.

The fact is though that a joke is not (in most instances) a copyrightable thing. Nor should it be.

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Teague - we're back at the 'things' analogy. How can I explain to you how a physical thing is different to an idea? If, indeed, I came to your house and drank all your wine, you would not have any wine. If, however, I came to your house, and you told me a joke, and I told it to someone else, I would have copied some information you gave me. You would still have it.

That's not theft.

With regard to the industry you work in, and how you wish the world was different so that it would be easier to make a living, I do understand that. It's just not reasonable for a particular industry to hold back technology and progress in order to prop up a business model that used to work. Imagine if the buggy-whip manufacturers had managed to convince Congress that every horseless carriage sale was the theft of a sale that would otherwise have gone to them?

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Teague wrote:

...

*blink*

Are you trolling?

Seriously? Are you? What can you possibly even mean by that? I suppose you think that you view on copyright is so obviously correct that anyone who holds a different view is a troll.

I hope that you can understand that I am genuinely baffled by your take on this - it seems utterly impossible to me that a smart personal alive in the 21st century could believe what you seem to.

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Dave - the South Korean model sounds like a fascinating, if rather scary and intrusive, attempt to recreate the 1950s, but passing increasingly draconian laws to try to protect business models from advances in technology is a terrible idea.