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Re:Cloudflare Terminates Service to Sci-Hub Domain Names by IntronExon on Monday February 05, 2018 @12:41PM (#16310422)
According to Sci-Hub’s operator, losing access to Cloudflare is not “critical,” but it may “cause a short pause in website operation.”

There is some kind of weird disconnect between the reality of distributed communications, and people/companies who seem to think that they have a prayer of stopping them. You’d think that the near implosion of the music industry would habpve be a clue though. Where there is demand and anti-consumer practices, there will be piracy.

Is it just that people making these decisions are ignorant, or emotional? Does anyone know?

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by csydas on Monday February 05, 2018 @12:53PM (#16310525)
I really hate to sound like I'm defending Elsevier, but is it really unreasonable to assume that a large corporation that has built itself on an entire multibillion dollar company would be opposed to being toppled by piracy?

I am 100% for Sci-Hub; I think it and sites like Arxiv are the natural evolution of professional journals and the future of academic publications. But I do understand why Elsevier is fighting this. It's not a disconnect, it's not like they don't see the writing on the wall, they just want secure their benefits as long as they can and enjoy the good life while it lasts. If their lawyers succeed, then there's no worry, the party continues.

If they fail, at least they have plenty to rest on. If they're going to lose it all by not fighting, then it makes perfect sense to bet it all by fighting, because with Sci-hub and distributed systems (Tor, bit torrent), there is no winning in the long run. At least, not living with the revenue they are now.

So you don't have to be ignorant or emotional to make such a decision, you just have to make a calculated gamble and figure out which is going to hurt the least in the long run all things considered.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by pcnix on Monday February 05, 2018 @01:16PM (#16310696)
I agree, large companies like Elsevier generally do not care about low magnitude piracy, but something like SciHub is probably to them an existential threat, and something they would throw everything at.

The music industry saw a revival of sorts, with Spotify and other streaming services offering a reasonably priced and extremely convenient alternative to piracy. That sort of an arrangement, while still not ideal, is probably the best Elsevier can hope for in the long term - provided they can offer a sufficiently interesting alternative to scihub.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by syshum on Monday February 05, 2018 @01:10PM (#16310648)
>> is it really unreasonable to assume that a large corporation that has built itself on an entire multibillion dollar company would be opposed to being toppled by piracy?

That position is not what is "unreasonable", their existence is what is unreasonable. The fact that a company like Elsevier needs to be toppled by piracy at all is unreasonable.

The legal framework that has allowed Elsevier to profit from public research is unreasonable

>>But I do understand why Elsevier is fighting this.

I also understand why a serial killer would fight going to prison, that does not make the serial killer reasonable, ethical or just

>>If their lawyers succeed, then there's no worry, the party continues.

I disagree here, if their lawyers succeed then they do a great disservice to humanity, and further entrench copyright law, possibly even expanding it with legal precedent

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by mschuster91 on Monday February 05, 2018 @04:22PM (#16312307)
Full +1 with you on this one.

The core problem seems to me that ethics has way too low impact on university courses, no matter if in STEM, finance, law or everything else.

For example, it is certainly justified for a lawyer to defend a serial killer (after all the right to representation in court is a basic human right, or at least should be) but a company has no moral right to legal assistance. No lawyer is bound by code or law to assist a company - but many do because of individual profit and ignore the loss that society has to shoulder.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by stfwn on Monday February 05, 2018 @01:42PM (#16310892)
> You’d think that the near implosion of the music industry would have been a clue though. Where there is demand and anti-consumer practices, there will be piracy. Is it just that people making these decisions are ignorant, or emotional? Does anyone know?

Wow. That is harsh.

The current state of music is that artists need about 4 million Spotify plays per month to make minimum wage ($1160) [1]. That's assuming the artist does not have to share the revenue with anyone and not counting the time needed to break even on the initial investment (if you even manage to break even before the recording is 'old' and you're up for a new one).

Realistically there is no money in recorded music anymore except for the John Mayers and Taylor Swifts, so nothing has been solved in that industry and there is no 'clue' to get.

There was a legitimate source of income, then technology devaluated the product to oblivion. It's not worthy of damnation that those in an industry that is being levelled with the ground are caught off guard and attempt to fix their problems.

It would do us good to empathise with the people in these industries, because there are going to be a heck of a lot of them in the coming years. If we value the product of their labor we should want to offer them an alternative source of income instead of berating them.

[1]: https://informationisbeautiful.net/2010/how-much-do-music-ar...

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by cortesoft on Monday February 05, 2018 @02:00PM (#16311062)
That is pretty misleading to reference 'minimum wage' in regards to how much money a band makes from streaming. A wage is determined by hours worked / revenue. Once the music is recorded, they aren't 'working' anymore hours, so how would you figure they need $1160 a month to make minimum wage? They aren't working any hours while that music is being streamed.

If you wanted to figure out the wage, you would have to take the number of hours spend creating the music (writing, practicing, recording), then divide by (revenue from streaming - costs to record). Since that streaming revenue can keep going long after they are done recording, you are going to hit minimum wage if you wait long enough and people keep streaming your music.

Artists deserve to be compensated for their work, but we should be thinking about it in terms of income per hour worked. No other job expects to be paid forever for work done years ago; if someone hires me to build a fence, I don't expect to keep being paid for every year that fence is up.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by stfwn on Monday February 05, 2018 @02:56PM (#16311526)
> Once the music is recorded, they aren't 'working' anymore hours, so how would you figure they need $1160 a month to make minimum wage?

I completely agree. The minimum wage figure was just a reference point that aligns with the way we pay for it: monthly. It's ridiculous music has (been) moved into this area.

The same problem is in the software industry now. More and more companies move to subscription business models simply because a pay-upfront model isn't viable anymore. Sure, it's great to support developers in their endeavours, but what if I just want to buy this exact version of the app and decide for myself if I want to pay for bug fixes and extra features later? Maybe this version is fine for me. But the new business reality doesn't allow for this.

Anyways..

> No other job expects to be paid forever for work done years ago; if someone hires me to build a fence, I don't expect to keep being paid for every year that fence is up.

The entire intellectual property licensing space works in this way, and that space is badly broken. I agree that there's no moral requirement to pay someone for work done years ago, and the reality is that most musicians really aren't. A quality recording takes a long time to make and its average lifespan is about a year (if that) before attention (if any) dies out.

On top of that it requires a big investment to record, produce and promote an album (consider also a new website, logo and album art) and then after all you have to share the $0.00029 per song play with about five people and the label. You're lucky to break even at all.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by petra on Monday February 05, 2018 @02:01PM (#16311076)
At least in the case of the music industry, the current state seems great in many respects:

1. Everyone could afford access to all the music in the world.

2. Tons of new music is being created. Creativity seems fine. Creators are still highly motivated to release their music and even without making a living through music there are still many benefits to being a musician.

And yes, it's hard to make a living through music. So what ? Why is this a necessity ?

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by nothrabannosir on Monday February 05, 2018 @02:24PM (#16311262)
Substitute “making music” for “programming” here, as a thought experiment. See how that reads.

Just because people keep doing something doesn’t mean it’s all “fine”. People make music in spite of the hardship. All of society benefits from their irrational, self destructive drive for creation. We could show some empathy and at least acknowledge that. Maybe even help find a way to make this beautiful gift they bestow on us less painful?

Currently it feels like we’re making them shit roses for us. Maybe let’s help trim the thorns :)

Source : I know several musicians first hand, and it’s not “fine”. :/

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by orangecat on Monday February 05, 2018 @11:06PM (#16314380)
Substitute “making music” for “programming” here, as a thought experiment. See how that reads.

It would still be correct. Low average incomes for musicians and most apps not breaking even is a signal in both cases that the current supply is more than enough, and you should consider other opportunities.

People make music in spite of the hardship. All of society benefits from their irrational, self destructive drive for creation.

There's a difference between the total and marginal benefit to society. If all musicians spontaneously quit and nobody replaced them, we'd be worse off. But in the actual world, if somebody is deciding whether to pursue a career in music or engineering, the latter probably has a higher expected benefit.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by IntronExon on Monday February 05, 2018 @02:35PM (#16311357)
Building things for people to use has always been valued. Making music just had a weird and brief period during which it could be monumentally lucrative. The circumstances have changed, and music is roughly back to being like any other art form in terms of average monetary reward. Music is only “special” because of physical recording creation and distribution.

That has ended.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by carapace on Tuesday February 06, 2018 @12:19AM (#16314582)
> Making music just had a weird and brief period during which it could be monumentally lucrative.

As a programmer I sometimes reflect just how lucky I am to be born right at the historical moment when my abilities align with the economic demand. A few decades earlier or later and I'd be lucky to be an accountant or something.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by Kalium on Monday February 05, 2018 @05:12PM (#16312717)
I have a great deal of empathy and compassion for artists. These are people who pour out their hearts and souls and lives for the sake of us and our culture. They deserve to be met with a response that cares about them. You're completely right. They define us, and tell us who we are.

Yet, what form should empathy and compassion take? Empathy isn't a policy prescription. It doesn't come with technical requirements. Artists have alternate sources of income available, but this often runs into the basic problem that they aren't structured like the album sales of yesteryear. Different skills and approaches are required.

So what's an empathetic lover of music and culture to do? I only know that the previous system didn't work any better - Courtney Love doing the math made that clear.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by k_sh on Monday February 05, 2018 @02:45PM (#16311440)
While I agree with the sentiment that recorded music has been devalued to all hell, implying that an artist racking up 4M Spotify streams every month is living off of $1160 a month is a bit disingenuous.

If you're pulling those numbers, and know what you're doing, you will almost always have opportunities to make (much) more money doing shows and placements.

Additionally: while the distribution of musical success was and still is bimodal, thanks to the fragmentation of culture caused by the Internet there is a growing middle creative class.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by chx on Monday February 05, 2018 @01:59PM (#16311058)
> Realistically there is no money in recorded music anymore except for the John Mayers and Taylor Swifts, so nothing has been solved in that industry and there is no 'clue' to get.

Have you seen Patreon?

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by stfwn on Monday February 05, 2018 @02:15PM (#16311187)
> Have you seen Patreon?

Patreon, Bandcamp and Tunecore collectively pay out about $25 million per month [1]. That's minimum wage for 21 000 people, assuming each artist gets an equal share (which they obviously don't). This doesn't seem like a lot to me.

[1]: http://musically.com/2015/02/16/what-are-musicians-making-fr...

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by pdkl95 on Monday February 05, 2018 @02:55PM (#16311512)
I call that a good start. Society is still learning about this kind of funding model; there will be growing pains[1]. I find it incredible that Patreon is already allowing funding talented niche artists[2], important "not advertiser safe" social/political commentary[3], and other projects that would never make it past the usual funding filters.

Yes, it isn't a lot, but it's a good start that has already had some success. Hopefully it will continue to grow.

[1] e.g. the recent drama with Patreon changing their payment model

[2] https://www.youtube.com/user/oancitizen/videos

[3] https://www.youtube.com/user/ContraPoints/videos

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by mr_spothawk on Monday February 05, 2018 @02:00PM (#16311067)
> 4 million Spotify plays per month to make minimum wage ($1160)

I would (and do) advise an artist (and a friend, or a random person off the street) to have income from more than one revenue stream.

> It would do us good to empathise with the people in these industries

there's no reason to be empathetic towards the industry, even if we are entirely and wholly in support of artists, their work, and expression.

to put a finer point on it: the fact that there is an "entertainment industry" frightens me. this is not to say we shouldn't find entertainment, and share artworks/creativity/etc... but that our need (or training) to be distracted from the horrors of modernity presents sufficient demand for An Industry of this scale is troubling. The existence of this Industry may be seen as an indicator that our civilizations are performing acts of violence upon ourselves and our homes that we would be better served by ending.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by lotyrin on Monday February 05, 2018 @12:50PM (#16310504)
Isn't it rational to hold on as hard as you can, to as much as you can, for as long as you can? The old models of commerce are so lucrative that adapting early to the sustainable models comes at a serious cost.

Imagine the area under the curve, and how much money that adds up to, if we went from a market with CDs and DVDs and happy cable subscribers to Spotify and Netflix and internet-only broadband as they are today overnight instead of over the course of the years.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by the8472 on Monday February 05, 2018 @01:36PM (#16310842)
> Isn't it rational to hold on as hard as you can, to as much as you can, for as long as you can?

Depends on just exactly how rational you want to be. If your planning horizon is quarterly and annual numbers it makes perfect sense. If you want your company still do business in the coming decades then holding on and denying change can make you blind to the necessary adaptions.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by mr_spothawk on Monday February 05, 2018 @02:02PM (#16311077)
> your planning horizon is quarterly

I think their planning horizon is Retirement

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by IntronExon on Monday February 05, 2018 @01:22PM (#16310752)
I see your and other poster’s points. I suppose that I let morality and rationality mix in my assessment of Elsevier’s behavior, with predictably confusing results. Yes, it is rational to fight for so much money and power, even if it’s just for another quarter. The fact that I despise that behavior doesn’t change the rationale behind it.

Thanks.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by matt4077 on Monday February 05, 2018 @01:57PM (#16311031)
In a society governed by the rule of law, nobody should have to defend their decision to avail themselves of the protections these laws offer.

If large parts of the population disagree with a business model, they have the collective power to change it.

As a former scientist, I can't wait to desecrate Elsevier's grave. But I'm still uneasy about the prospect of people taking matters into their own hands simply because their technical capabilities are more advanced than those of their opponents. There are also journals, such as Science, that finance the valuable non-profit foundations publishing them.

Of course, this is to a large extend the fault of scientists and university administrators themselves, because they have all the power to refuse to publish in for-profit closed-access publications (as they are apparently doing in Germany.) And the political process in the US is basically broken.

But look at other examples of the same principle, and you might find one where you land on the other side: The Federal Reserve seems the safer bet vis-a-vis the libertarians that jumped on Bitcoin to topple it. Uber has a litany of problems from their "rule-breaking DNA". Or, for the political right: should "illegal" immigrants receive citizenship simply for evading border checks?

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by mr_spothawk on Monday February 05, 2018 @02:03PM (#16311092)
> a society governed by the rule of law

* stifled laugh *

our actions are governed by the reality of enforcement. our planning is governed by the expectation of enforcement of the rule of law.

this should be apparent by now.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by revelation on Monday February 05, 2018 @01:48PM (#16310956)
I mean, it was pretty clear the music industry would continue in one form or another. There is some form of value add.

But science publishers? These guys haven't made an honest buck in decades now. Their business is entirely due to inertia and regulatory capture. The short to medium term goal of all stakeholders is their entire elimination.

Re:Cloudflare Terminates Service to Sci-Hub Domain Names by wmf on Monday February 05, 2018 @03:19PM (#16311749)
Even if a company knows that they are dying, there's a lot of money to be made by postponing that death as long as possible.