That's good and all, but we can imagine a volunteer-run service that's just as good or better than Spotify -- but it's based on piracy. We could also imagine it reaching the pinnacle or convenience, so nothing else could be added except marginal improvements.
Would that make using it OK -- that there's no other paid alternative that's more convenient?
In the end somebody got to pay the artists both for the production costs and for making a living on top of them. And I don't say every artist deserves money just because they are an artist -- but every artist that people actually listen to they work does deserve a cut for that.
You can talk about how artists need to be paid until the end of time, but that won't change people's behavior much.
We don't ask that for many other moral dilemmas -- we consider certain things unacceptable and try to stomp them even if people "do them". Why should it be the relevant question for music distribution?
We now have the technology to make available the great majority of human knowledge and culture to a vast amount of humanity for free. I'd call that a very positive state both for the people receiving it and the benefits it would bring to the world.
And the only thing stopping us is that certain people would like to be paid. It's the same argument with cheap generic drugs for the third world. At some point you have to incentivise research. But also, at some point you have to consider the benefits to the rest of society too.
That depends: https://en.wikipedia.org/wiki/Public_Lending_Right
"A Public Lending Right (PLR) programme, is a programme intended to either compensate authors for the potential loss of sales from their works being available in public libraries [...] Canada, the United Kingdom, all the Scandinavian countries, Germany, Austria, Belgium, the Netherlands, Israel, Australia, and New Zealand currently have PLR programmes. [...] How amounts of payment are determined also varies from country to country. Some pay based on how many times a book has been taken out of a library, others use a simpler system of payment based simply on whether a library owns a book or not. [...] In the United Kingdom authors are paid on a per-loan basis calculated from a representative sample of libraries. The current rate is 7.82 pence per individual loan."
(I imagine that any occurrences of "authors are paid" should be replaced by "publishers are paid", but I don't know specifics.)
For almost any kind of digital "piracy" you can make arguments that sound very similar to yours, because in the end libraries and piracy do something very similar: both buy content once and redistribute it for free. The only reason we treat libraries different is because of history and because libraries have a bunch of physical restrictions that seem silly in the digital world.
There's nothing wrong when discussing the morality of piracy, but it's irrelevant when the topic at hand is what media distributors should do in order to make money.
Imagine a convenience store which experiences so much theft that it loses money, and they're trying to figure out what to change to save the store. Is it useful in that context to state that "theft is immoral"?
Copyright is basically a subsidy to content creators. Just like any other government subsidy, it should be adjusted periodically to balance its benefits against any drawbacks.
There is no question of morality here, only a question of effectiveness -- is a subsidy really needed, and if so, how much?
That seems like a weirdly narrow definition of morality, maybe due to the long association with the Christianity and the faith's retreat from the public sphere.
I prefer the definition of morality as the set of shared rules and norms that we as a society decide are to our mutual benefit. In that case, laws and morality are absolutely closely intertwined.
But all I see is a bunch of interest groups trying to pretend that there is a consensus and painting anyone who disagrees as a modern day Jack Sparrow. It's easy to manufacture a consensus if all the opponents are criminals, isn't it?
I don't deny that there might be some kind of broad consensus on the issue of copyright. I just don't think that the content of it will be anywhere near what the law of the United States currently says.
I said "Copyright is not about morality." Copyright is about promoting creativity first and foremost. It has zero moral value apart from whatever starlight it might reflect from the more fundamental value of creativity when it's in the right point along its orbit (when it works effectively).
Suppose you're building a startup to help poor people. That's obviously about morality. But how about your choice of javascript framework? You just use whatever floats your MVP without torturing your devs too much. And as soon as it outlives its usefulness, you can throw it away without a second thought and there's nothing morality has to say about it.
E.g. copyright maximalists say that pirates are thieves, that they unjustly take from content creators what is rightfully theirs.
Copyright opponents will say that this is a cash grab by greedy corporations, that this will destroy the freedom of the web, etc.
Theft, destroying freedom -- these are explicitly moral claims.
You might be right that morality is not the appropriate framework with which to think about copyright, and I tend to agree, although that certainly hasn't stopped both sides from harnessing moral outrage to buttress their viewpoints.
The maximalists claim that copyright violation is identical to theft, whereas their opponents claim that copyright law is being used to make huge profits and destroy freedom. The former puts copyright at the center of the moral spotlight, but the latter pushes it aside and helps us see that justice and freedom are the true moral issues.
In the same way that we have some folk intuitions about the validity of ownership of property, we have them about intellectual property. Namely, we (the citizen of the western world) have an intuition that creators of intellectual works should have some say in how their work is exploited.
When it comes to the abstraction required to create a system of property, the one that strikes me a the most bonkers is the concept that people can "own" a geographic section of the earth.
Laws and ideas about ownership and property don't exist as some Platonic Ideal, but they change and morph to fit the societies they exist in. IMHO, IP law today, especially but not exclusively in the United States, does not serve content creators but publishers, and it is my belief that it is time to adjust the laws to fit the society we want to live in.
With the obligation to follow the law comes the right to demand changes in the law.
TL;DR: physical property="who gets to have this", 'intellectual property laws'="who gets to make money from this".
Physical property isn't natural, but it's an answer to physical scarcity, which is natural.
You and your friend can build identical houses, they can't be both exactly at the same location. Physical property creates a non-volatile answer to the question "Who gets to build his house there?".
All working societies must address this problem (even societies in which money doesn't exist), hence "property" (which I don't claim is the only answer).
Texts, recordings, etc. are a completely different issue.
Original works might be rare, however, there's no scarcity in using them : you and your friend can both listen to your copy of a recording without interfering. So there's need to answer "who gets to listen to this recording?", as there's no scarcity, and thus, no conflict.
The conflict lies between distributors, because the only scarcity that remains, when works can be copied for free, is in the exploitation. For distributors, money is scarce, so question becomes: "who gets to make money from this recording?".
This is a very different question, which already presupposes the existence of money, and exploitation.
Arguments that the concept of intellectual property serves no purpose are refuted by the increasing role it plays I our economy.
See: Moral rights were first recognized in France and Germany,[4] before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928.[5]:37 Canada recognizes moral rights (droits moraux) in its Copyright Act (Loi sur le droit d'auteur).[6] The United States became a signatory to the convention in 1989,[7] and incorporated a version of moral rights under its copyright law under Title 17 of the U.S. Code.
> Moral rights are distinct from any economic rights tied to copyrights.
I have a moral right to insist that I wrote something, and argue against people who say otherwise, even if I assigned the copyright away, renounced it, or let it expire. It's more about honor than property. A Picasso is a Picasso no matter who owns the painting now. It's an insult to Beethoven to say that he didn't compose his 9th even though all his copyright has long expired. The same would be true even if all copyright law was repealed tomorrow.
Reegardless of how you feel about that scope of law (and I'm not declaring views one way or the other), the point remains that your initial assertion does not square with the stated foundations of law, in at least part. Regardless of how separable or inseparable those moral rights are from any other.
If the HN hivemind wants to declare its support for the counterfactual, so be it.
But just because people think all law is about morality doesn't make it so. It's the job of a philosopher to question people's assumptions and identify errors in them. This looks like a classic case of hasty generalization. Some laws are about morality. Other laws might not be.
I think copyright belongs in the non-moral category. You have not offered any reason to disagree with my statement other than a vague "But people in the 18th century believed otherwise!" Well, I'm not disputing your historical facts. The fact is that people in the 18th century believed a lot of things. Some were true, some were not.
Again, this is at odds with your initial statement. And again, for some quite large and significant aspects of copyright.
This confusion was no doubt intended by those who coined the term "moral rights". But they are not the same thing. Copyright law is not needed to enforce moral rights, as you can very well see from the fact that we do acknowledge the creators of works that predate copyright by hundreds or thousands of years. We can freely copy Homer's works. And we do. Be we don't remove his name from them.
There aren't many people arguing that the 2010s have been a better decade for music than the 60s to 90s.
Of course, this assumes consumers and content distributors can join the dots - and so far there isn't much evidence they can.
Since the producers are obligated to maximize profits for their shareholders under most corporate structures by supreme court decisions, their focus will be to reduce labor costs while maximizing total revenue from consumers.
There are no winners here except the distributors. Some kind of artist cooperative is a necessity. Then at least the smaller creators will get paid fairly.
It's also worth noting that part of the reason the UK has/had such a vibrant music scene is the dole. That is, they pay their artists to let them do their thing.
https://www.independent.co.uk/arts-entertainment/money-are-y...
https://www.irishtimes.com/culture/art-and-design/role-of-th...
Right now, I'm following maybe 10 or so artists on social media, youtube, bandcamp, etc.
I pay a handful of them $1-$10 a month via patreon in return for them releasing their music for free via youtube (I generally also get clean, high quality versions out of this).
There's another handful I follow who release albums on Bandcamp and I can listen, and if I like it I can pay $5-$10 to download and keep forever.
I don't use Spotify or similar services, but my friends who do tell me about a huge world of similar small artists and variety of tastes they discovered through that service.
The music industry no longer takes a few select artists and makes them superstars everyone has heard of, yes. But in return there's something for everyone, and lots of artists making ends meet rather than a few artists getting rich. I think this is a net positive.
This is ok, perhaps even desirable. Ultimately, the market for music is already so oversaturated that more artists aren't really "needed" (that is to say, there is much more than enough music to service demand, not that more good art isn't valuable), and most non-elite artists would welcome reduced competition.
> There aren't many people arguing that the 2010s have been a better decade for music than the 60s to 90s.
Well either way that is a totally subjective argument that cannot ever be concluded definitively, there is so much more music produced today than in the 60s-90s that it'd be impossible to even make a fair subjective judgement regarding which decades produced "better" music. Certainly, I think everyone can agree that stronger economic incentives do not necessarily mean better work is produced and there are those who suggest that the opposite is true.
Costs of prediction are pretty low now, everything except the cheapest indy albums sounds great.
That may be true for music, but simultaneously, we have another "golden age" of western TV series (both live-action and animated). What's the difference? From what I can see, TV series are just as heavily pirated as music is.
The difference is those series have still enough paid subscribers to make the production costs and handsome profits worth it.
Things are now in a great turmoil, so we're still seeing where this goes. But I think it's no accident that Patreon was started by an independent musician. They expect to pay out $150m this year to artists. What do patrons get in exchange? Basically nothing. They just like supporting people doing good work.
I agree the morality of pure piracy is not so great. But the notion of piracy itself is rooted in a specific and entirely artificial theory of ownership, plus an industrial model built around that. The morality of that industrial model is in practice not so great either.
Things like Patreon and Wikipedia suggest that the morality of the commons is one that could work well in practice. It has its issues, but I don't think they're a priori greater than the historical alternative. Especially if it's supplemented with the sorts of things that Kevin Kelly describes as "better than free": http://kk.org/thetechnium/better-than-fre/
In the US this comes from the copyright clause of the constitution.
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
The problem this was trying to solve was how do you incentivize people to create in order to 'promote the progress of science and useful arts' for the public's benefit. Limited time monopolies are the means to get to the overall goal of promoting the progress of science and useful art for the public's benefit.
Originally this limited time was 14 years with the ability to renew (once for 28 years max) - it also wasn't automatic and had to be registered. Today it's automatic and 75 years after the death of the creator (or 95 years for contract work) and even worse this change was retroactive. The retroactive change isn't within the original spirit of the law since people don't need to be incentivized to create something they've already created. You also can't opt out of it for works you've created, the best you can do is permissively license something (just stating 'this is public domain' doesn't do anything).
Not only does this lead to problems with orphan works, but massive amounts of culturally relevant material is now off limits for new people to create with - this inhibits new work except under the narrowly defined free use exceptions. Inhibiting progress of science and useful arts is the opposite of the original intent.
Copyright law today has mutated into protecting the profit of the rights holders and extending the length indefinitely, but only by a handful of years at a time so the supreme court can't rule it unconstitutional since it's technically a 'limited time'.
All of this was never intended to stop not for profit sharing of content and the law does a lot more bad than good - we want the minimum limited time restriction to encourage creation for the public benefit, not years after the death of the creator so the family and subsidiary companies can profit forever.
In the case of the journals it's even worse since they're exploiting the researcher's need for prestige and blocking access to publicly funded research. It's a corrupting influence on science and incentivizes scientists not to cooperate. These journals hold science back and offer no real benefit - maybe scihub will actually force them to provide value, but even if it kills them everyone will be better off.
This is further complicated by rights holders having enormous amounts of money they can use to influence legislation.
It typically all comes back to the campaign finance reform Lawrence Lessing talks about in Republic Lost. I think Copyright was one of the original issues that lead to his core argument of a corrupting influence on modern US politics. Specifically the issue with the journals was what drove Aaron Swartz to try and export them all (probably to make something like scihub, but he never got there).
Now the publisher knows this too, and tries to assert monopoly rights, using the skirts of copyright law, over a certain time frame, in the vending of images of the publication. It's ridiculous how little value he's added. And when you examine who paid for the research or work in question, it's a racket. Third world baksheesh is certainly less injurious to progress.
There's a huge crisis of compensation for "content creators", and Spotify does not seem like the hundred year solution. Especially seeing how it keeps maintaining an artificial distinction between producers and consumers and acts as a filter for what counts as music.
That's a non sequitur.
The questions Wiley are dancing around are "what does the publisher actually do" and "is anyone, author or reader, prepared to pay for that".
I think if people can develop Tinder + Buy It Now with no repercussions, questions like "is it okay?" cease being useful. The question of morality goes out the window.
That's a big if; repercussions for prostitution listing services, even with basically zero opsec, tend not to be immediate, and pinkapp hasn't gotten big yet.
> On top of this, we will allow shareholders to opt into hidden ownership to allow them to remain fully anonymous. In such cases, we can distribute profits via Monero or other methods.
Is this legal?
I hope their opsec is on point.
if you think artists should be paid give them money directly, or go to shows and buy merch.
nearly all intellectual property barriers make no sense in a post-internet world. we effectively live in a world without intellectual property barriers (because piracy is easy and prolific) but for some reason people refuse to acknowledge the free and open flow of art and information as a good thing.
It's odd how rarely there's no apparent understanding that the flow needs to go both ways - and if it doesn't go both ways, there is no flow.
Which are works of art where a good fraction of the work is done by unpaid amateurs who are at risk of being sued by the "original artists" (or rather their labels/publishers).
The point is, from that perspective, copyright is an existential threat to a very large fraction of the art I consume.
Sure, some middle layers become obsolete, but the point of art wasn't to provide food for its one time symbiotic parasites.
Would you say that for your work too?
Or it's because conveniently it's not that easily copyable?
"...they are all very poor people who follow as a trade, what other people pursue as a pastime."
I personally think it's fine and expect you think differently.
I'd rather not hash out an entire thing on hacker news about why IP is a well intentioned but bad idea.
Instead I prefer to argue that piracy isn't going anywhere.
Regardless of your opinions on IP, piracy is here to stay. The real questions we need to ask, imo, is how do we progress those IP based industries that have yet to find solutions to piracy.
Music has found value add services, emphasis on live music and merch, as well as a revival in vinyl interest.
Games have found early access, emphasis on online gaming, and crowdfunding.
Video and artistic content creation has found crowd funding, ad revenue, and physical sales of brand products and exclusive value adds (meet a creator).
Software has found expert training, charging for use of apis or backend driven services, charging for additional functionality, often software as complex enough that charging outright for the software and support of it is very common place. Also software highlights that even if one spends countless hours of their lives doing something for free (open source) they can easily take advantage of demand in their technical and creative skills to make a very generous wage in the market.
In conclusion there are a lot of arguments for why we should be IP bound. A lot of these are really good arguments - even the if I voraciously disagree with them. But in the end I don't think IP will win. It's better that we encourage working with solution in a framework with limited or lacking IP.
Sry 4 bad spelling. I'm the lame guy who writes walls of text on hacker news with his phone.
I can't.
The whole premise here is that volunteers can't reach every peak, that some endeavors require resources and those endeavors are how companies can be "better than free". Spotify has infrastructure, input streams, curation, and technical advances that I can't see any volunteer organization matching more than in slim part.
That was what.cd. You could get things not found anywhere, the artists / album map was awesome to discover new artists and the forums were the best.
However, I would still rather use Spotify than go through the bother of downloading dodgy MP3s and synching them to all my devices. I think Spotify's model killed music piracy much more than legal action ever did.
I do recall reading about some trend major publishers did, with seeding 'bad' versions of songs with the same titles as the 'real' ones, confusing people in to wasting bandwidth and resharing 'bad' files. Was that terribly effective?
I remember Madonna's "What the fuck do you think you're doing" mp3's. But it really didn't make me change my habits, or even really annoy me.
Actually, I still haven't changed my habits, as Spotify and Deezer don't have everything I want to listen to, and unlike Grooveshark, they don't allow me to add my own music.
Even though I could through a minor effort, take my entire back catalogue of MP3’s (many were pirated and very clearly sorted and organized), pirate a bunch of new content, and upload it all to a streaming service like Google Play Music, I don’t because then I would be missing out on killer curation and discovery features music services offer today.
[0] http://www.billboard.com/biz/articles/news/1155395/business-...
So artists should get more from Spotify than they do for radio plays anyway.
The reason I stopped pirating music wasn't because I thought there was anything wrong with it.
I stopped pirating music because services like spotify have so many value adds for such a low monthly cost that it makes sense to use their services rather than pirate.
Spotify offered something better than free.
It's time for industries that haven't caught up with the times to start rethinking their business model. Opinions on IP aside, piracy is going nowhere and trying to fight the pirates based on ethics is futile.