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Re:Supreme Court rules Georgia state law annotations not cop... by supernova87a on Monday April 27, 2020 @05:56PM (#23000583)
Aside from the particulars of this case, I feel that the whole subject of copyright is generally anti-competitive and rent-seeking, as codified in the laws and time limits being inflated grossly to suit copyright holders in the current era.

In my opinion, the argument that copyright extension incentivizes authors/creators doesn't hold much water. I generally observe that there are plenty of people willing to create and publish things with absolutely no hope of profit or legal protection, and yet we bend over backwards to extend our protections for the lucky few to the tune of the author's life + 70 years. Even more if for hire. Tell me how that's in the public interest.

Re:Supreme Court rules Georgia state law annotations not cop... by javajosh on Monday April 27, 2020 @07:30PM (#23001452)
You make two arguments here, one about degree and the other about kind. As for kind, as others have pointed out, the intent of IP law is to create artificial scarcity. The marginal cost of information is 0, so you have to put turnstiles somewhere. Society has kind of blundered and stumbled into the mishmash of enforcement measures we have today, but the intent is to reward content creators.

If you accept this is a good thing, then the degree problem becomes one of proportionality. I agree that life + 70 years is exorbitant, but that particular formula is relatively easy to change legally. Practically, you have to fight powerful interests (Disney) to change it, but it can (and IMHO should) be done.

One interesting notion is to fully privatize the problem of artificial scarcity. This might look something like leasing a Disney device (for example) to watch Disney content. This seems like something of a nightmare, until you realize that you don't really need to watch movies.

Re:Supreme Court rules Georgia state law annotations not cop... by dredmorbius on Monday April 27, 2020 @08:03PM (#23001748)
The problems with the DRM route are ... well known. See the EFF (https://www.eff.org/issues/drm) and FSF (https://www.fsf.org/campaigns/drm.html) especially.

Among other matters:

- Your devices are no longer fully under your control, and don't answer to you.

- Even where DRM isn't itself directly. malware (Sony: https://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootk...), it inevitably creates backdoors for APTs.

- The legal proscriptions on analysing and assessing ADRM mechanisms create both minefields for researchers and multiply the existing security threat risk.

But most critically, and pretty much fully torpedoing your voluntarism argument, device vendors may be contractually or legally prohibited from producing non-DRM-afflicted devices in their own relationships with DRM gatekeepers, meaning that there are no (or very crippled or expensive) DRM-free alternatives.

Witness ongoing efforts to plug the "anologue hole" (https://www.eff.org/issues/analog-hole) in various devices and software.

FWIW, my complete crap Chrome browser on my complete crap Samsung Android device refuses to allow me to screenshot this HN thread claiming it is a "DRM protected page".

I'd love to replace the device with something vaguely comparable. Between licensing restrictions, monopoly coercion, and market dynamics, there is literally nothing available.

Or more briefly: Your assertion is absolutely unsupported by empirical experience.

Re:Supreme Court rules Georgia state law annotations not cop... by pwg on Monday April 27, 2020 @09:09PM (#23002208)
> FWIW, my complete crap Chrome browser on my complete crap Samsung Android device refuses to allow me to screenshot this HN thread claiming it is a "DRM protected page".

Just tested with Firefox on Android (Moto E4 phone). Firefox did not block taking a screenshot of this thread. Perhaps you may wish to test Firefox yourself to see if it better obey's you than Chrome does.

Re:Supreme Court rules Georgia state law annotations not cop... by dredmorbius on Monday April 27, 2020 @10:45PM (#23002788)
The problem simply should not exist.
Re:Supreme Court rules Georgia state law annotations not cop... by pwg on Monday April 27, 2020 @11:37PM (#23003082)
Agreed.

But sadly it does, and while it does the options available are try something else or do without. In this case you can try Firefox for Android on your phone to see if it behaves better than Chrome.

Re:Supreme Court rules Georgia state law annotations not cop... by dredmorbius on Tuesday April 28, 2020 @03:22AM (#23004392)
The point really isn't to solve my personal inconvenience of a problem that should not exist.

It's to point out the problem that shouldn't exist, its root cause, and only one very minor, mundane, and utterly ridiculous consequence. Of a problem that should not exist.

At all.

For any reason.

But thank you regardless, your heart at least is in the right place.

Re:Supreme Court rules Georgia state law annotations not cop... by jasonlotito on Tuesday April 28, 2020 @07:58AM (#23006142)
So going back to who you were originally replying to that spawned this little thread and trying to tie this all together because I’m lost with what you are trying to say.

What is this problem that shouldn’t exist, this root cause? And in which scenario does it go away: with the status quo laws or with their removal? And why would the scenario remove that root cause problem?

Re:Supreme Court rules Georgia state law annotations not cop... by dredmorbius on Wednesday April 29, 2020 @12:56AM (#23015527)
Re:Supreme Court rules Georgia state law annotations not cop... by gentleman11 on Monday April 27, 2020 @09:41PM (#23002404)
Firefox on iOS also works
Re:Supreme Court rules Georgia state law annotations not cop... by javajosh on Monday April 27, 2020 @09:05PM (#23002184)
I wasn't aware I was making any kind of assertion, honestly. But I think a world in which proprietary content must be totally vertically integrated with a non-owned proprietary device is at least an honest way to enforce artificial scarcity. I think the "shape" of this system represents a kind of platonic ideal that combines artificial scarcity in a free market system that values property rights. I find the idea abhorrent myself, and would not intentionally lease such a device, but I think it helps clarify the discussion.
Re:Supreme Court rules Georgia state law annotations not cop... by AnthonyMouse on Monday April 27, 2020 @10:32PM (#23002722)
> But I think a world in which proprietary content must be totally vertically integrated with a non-owned proprietary device is at least an honest way to enforce artificial scarcity.

In addition to all of the other objections, the biggest failure here is of the technical measures to actually prevent copying. Even when it's prohibited by law and the pirates are a bunch of hobbyists, DRM gets broken time and again. You can imagine what would happen if copyright didn't exist and then breaking the DRM allowed for-profit businesses to legally distribute any of the content they extracted.

Copyright without DRM >>> DRM without copyright.

Though it should definitely be one or the other and not both. If copyright exists then DRM is not only useless, its existence is pure harm because all it adds to copyright is restricting things the copyright doesn't give the copyright holder a right to restrict, like free speech and fair use.

Re:Supreme Court rules Georgia state law annotations not cop... by javajosh on Tuesday April 28, 2020 @11:25AM (#23007881)
I speculate that it's theoretically possible to build virtually unbreakable DRM into a physical device, especially if the device is designed to resist (or at least detect) disassembly. (Analog re-recording notwithstanding).

I like your point about DRM vs copyright. I guess I've always seen DRM as the "ounce of prevention" that replaces the "pound of cure" that copyright enforcement entails - although distribution platforms like YouTube increasingly reduce that pound to closer to an ounce (at the cost of more abuse). I think your point would be valid if enforcement of copyright was simpler and cheaper; perhaps you've read stories about photographers whose work has been used by large companies, without compensation, usually because the asset was included in projects done by 3rd party contractors. Its very expensive for an individual to enforce their rights. But yes, if the justice system itself were fixed to be fast, cheap, and fair, then I would agree that copyright alone would be the preferable solution.

Re:Supreme Court rules Georgia state law annotations not cop... by smichel17 on Monday April 27, 2020 @11:09PM (#23002909)
I do this somewhat by choice. I have a mildly damaged old phone that I use as my "proprietary app device" with Spotify, Discord, etc. It allows me to sandbox their access to my life, to some extent.
Re:Supreme Court rules Georgia state law annotations not cop... by Thorrez on Tuesday April 28, 2020 @02:34AM (#23004101)
> - The legal proscriptions on analysing and assessing ADRM mechanisms create both minefields for researchers and multiply the existing security threat risk.

Well I assume if we repeal all copyright then the laws against breaking DRM will be repealed too.

Re:Supreme Court rules Georgia state law annotations not cop... by raverbashing on Tuesday April 28, 2020 @02:14AM (#23003973)
Screenshot worked just fine here, I don't know what might have been causing your problem (Android Chrome)
Re:Supreme Court rules Georgia state law annotations not cop... by incompatible on Tuesday April 28, 2020 @05:55AM (#23005384)
I'm not sure why you think that scarcity is such a good thing that it needs to be created artificially.
Re:Supreme Court rules Georgia state law annotations not cop... by notSupplied on Monday April 27, 2020 @09:09PM (#23002211)
Why would we need to incentivize creating more legislative annotations?
Re:Supreme Court rules Georgia state law annotations not cop... by henryfjordan on Monday April 27, 2020 @06:54PM (#23001114)
IP laws are anti-competitive and rent-seeking, that's exactly the point. I agree that the amount of time copyrights are good for is ridiculous, but I still think it's better than not having them.

Imagine if J.K.Rowling wrote the first 3 Harry Potter books but didn't see a dime because the second they got popular everyone with a printing press started selling them royalty-free. Would she have finished the series? I got to read all 7 books because J.K.Rowling was incentivized to write them by her copyright.

Re:Supreme Court rules Georgia state law annotations not cop... by stx on Monday April 27, 2020 @07:12PM (#23001279)
The first Harry Potter book was released in 1997 and the first movie was 2001. So to satisfy that the author be compensated would not require 70 years after her death.

I think most of us agree that copyright has value but its become excessive.

Re:Supreme Court rules Georgia state law annotations not cop... by markdown on Monday April 27, 2020 @08:23PM (#23001920)
IMO 30 years or the death of the author, whichever occurs sooner, is long enough for the author to benefit from their work.

There really isn't any difference in terms of incentive for the author between 30 years and the current life of the author + 70 years (or whatever the current term is).

Re:Supreme Court rules Georgia state law annotations not cop... by will4274 on Tuesday April 28, 2020 @01:13AM (#23003619)
I don't want to penalize the families of authors who die suddenly and award a windfall to corporations. 30 years is just fine, no need to discuss the author's death at all.
Re:Supreme Court rules Georgia state law annotations not cop... by MaxBarraclough on Tuesday April 28, 2020 @05:23AM (#23005187)
I think 15 years would be more than enough, certainly in most fields of copyrightable endeavor. Whether there are fields where that wouldn't be long enough, I'm not sure.

The copyright on the first Harry Potter book should have expired by now. Copyright expiration should not be merely a distant possibility that we rarely think about, as it is today.

Re:Supreme Court rules Georgia state law annotations not cop... by bobthepanda on Monday April 27, 2020 @11:16PM (#23002964)
The reason why +years exists is mostly for the case of inventors who die prematurely, so that their family can still reap the benefits. It's the same reason why widows can collect their partners' pensions.
Re:Supreme Court rules Georgia state law annotations not cop... by MaxBarraclough on Tuesday April 28, 2020 @05:33AM (#23005246)
No, that's not it. The reason is that Disney lobbied to have the copyright term extended to prevent Mickey Mouse entering the public domain. This is despite that Disney was essentially built on public domain works.

This isn't how copyright was meant to work.

https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act#S...

CGP Grey on copyright: https://www.youtube.com/watch?v=tk862BbjWx4

Re:Supreme Court rules Georgia state law annotations not cop... by q084yn39cptyth on Tuesday April 28, 2020 @07:35AM (#23005970)
It's interesting to me when others come up with similar conclusions independently.

There's studies of sales of works (books etc) and iirc, at least with books, the vast majority of sales are within the first several years, with income trailing after that. This has come up in discussions of zombie rights to works, where a publisher sits on something out of print without releasing new copies because the return isn't enough. It's like the textbook reason for limits on copyright terms. Last I looked at it, 30 years was more than sufficient to cover the bulk of sales in almost all cases. If you think back 30 years now, that would be works released pre 1980s and earlier. That makes intuitive sense to me.

Re:Supreme Court rules Georgia state law annotations not cop... by kd5bjo on Tuesday April 28, 2020 @07:58AM (#23006148)
My primary concern is all of the works that die because they're no longer commercially viable but are still locked away; I'm actually willing to make an exception for the rare blockbuster hits if it actually means everything else becomes available.

My thinking is author's life for unpublished works (to protect works-in-progress), 10 years after publication unconditionally, followed by a sequence of renewals that require some level of public availability to be granted.

Obviously, there's a lot of details to be worked out: What constitutes publication? How long is the initial unconditional period? How many renewals are allowed and how long is each? What are the actual requirements to get a renewal?

Re:Supreme Court rules Georgia state law annotations not cop... by gdhbcc on Monday April 27, 2020 @07:01PM (#23001191)
You're assuming that copyright is the only way to make money out of writing, which is simply untrue.
Re:Supreme Court rules Georgia state law annotations not cop... by SeanLuke on Monday April 27, 2020 @07:09PM (#23001250)
Okay. So using the J.K. Rowling example: provide a plausible way that she could make money off of her writing, and particularly her first risky book, in the absence of copyright.
Re:Supreme Court rules Georgia state law annotations not cop... by FlyMoreRockets on Monday April 27, 2020 @07:54PM (#23001666)
There are a number of cases where creators of popular works have been granted substantial sums to create subsequent works through crowdsourcing.

Edit for examples.

Cyan, creator of Myst and Riven, had two very successful Kickstarter to fund new works. First, they raised $1,321,306 to make Obduction, then $1,433,161 for Firmament.

Elite: Dangerous raised £1,578,316 for a modern remake.

Yes, it works for books, too: https://www.kickstarter.com/discover/advanced?category_id=18...

Re:Supreme Court rules Georgia state law annotations not cop... by SeanLuke on Monday April 27, 2020 @09:04PM (#23002171)
Cyan had already made Myst and Riven. This is close to the opposite of what I was asking for.

So once again: you seriously think that J.K. Rowling, a completely unknown author with a manuscript repeatedly rejected by publishing houses, is going to be able to raise sufficient funding on Kickstarter for her first work?

Re:Supreme Court rules Georgia state law annotations not cop... by greggman3 on Tuesday April 28, 2020 @07:37AM (#23005988)
And how much did those titles actually cost to make? I seriously doubt either game shipped without at least 4x the kickstarter funds.

They were only able to make up the rest because they knew copyright meant they'd get paid more when they shipped via sales where as without copyright it would just be copied.

Here's an article on Elite:Dangerous saying the actual budget was 8m

https://www.eurogamer.net/articles/2014-09-11-elite-dangerou...

Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Tuesday April 28, 2020 @10:35AM (#23007375)
> I seriously doubt either game shipped without at least 4x the kickstarter funds.

Yes, but AAA games and e.g. feature films are among the highest-cost works to make. They're very much an exception, not the rule.

Re:Supreme Court rules Georgia state law annotations not cop... by greggman3 on Wednesday May 06, 2020 @07:52AM (#23089935)
I'm not sure what your point is. I thought the point that was trying to be made is that Kickstarter is a way to fund gamedev. But AFAIK there isn't a single example of the funds from Kickstarter being sufficient funding for a single game ever, AAA or indie.

(unless the game was being made for free as a hobby and the kickstarted was just for fun and not actually funding).

Re:Supreme Court rules Georgia state law annotations not cop... by Thorrez on Tuesday April 28, 2020 @02:38AM (#23004134)
Crowdsourcing still relies on copyright usually, and does in the cases you mention. It's simply preording a game or a book. Without copyright there would be no need to preorder the game or book, you could simply wait until it is out and make a free copy of it.

Both Obduction and Firmament are for sale. They aren't free games.

Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Tuesday April 28, 2020 @07:51AM (#23006085)
There are plenty of freely-available works that are crowdfunded though. It's true however that the costs of making a game like Obduction and Firmament dwarf even those crowdfunding revenues. The same applies to high-budget feature films. A 100% crowdfunding approach strongly selects for lower production costs, which also means improved efficiency and a larger variety of works overall.
Re:Supreme Court rules Georgia state law annotations not cop... by Retric on Monday April 27, 2020 @08:21PM (#23001907)
Her first book was also written without her receiving any money to do so.

As to revenue Patrons, Trademark, etc also work. Shakespeare for example had zero copyright protection and still wrote quite a bit.

PS: If anything the massive sums she received from the HP series discouraged her to write more.

Re:Supreme Court rules Georgia state law annotations not cop... by SeanLuke on Monday April 27, 2020 @08:59PM (#23002132)
> Her first book was also written without her receiving any money to do so.

But she owned the copyright to it, and could trade that copyright for a contract on the book. That is, she had a viable monetization mechanism if her work was good.

So once again: absent this, provide a plausible way Rowling could have made money on her first book.

Re:Supreme Court rules Georgia state law annotations not cop... by unishark on Monday April 27, 2020 @11:54PM (#23003187)
>So once again: absent this, provide a plausible way Rowling could have made money on her first book.

The way she made money was extremely implausible.

This is like arguing we need the NBA because it provides a job for LeBron James.

Re:Supreme Court rules Georgia state law annotations not cop... by Retric on Monday April 27, 2020 @09:06PM (#23002188)
If we are talking a world without copyright but all other forms of IP, patrions or merchandise.
Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Monday April 27, 2020 @09:05PM (#23002179)
Rowling is quite an outlier - 1% of 1% of 1%. While a fascinating example, it seems unoptimal to center copyright protection laws around her experience.
Re:Supreme Court rules Georgia state law annotations not cop... by icebraining on Tuesday April 28, 2020 @04:31AM (#23004926)
She's only an obvious outlier after the fact, though; protecting all authors because they are potential outliers is a perfectly valid goal.
Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Tuesday April 28, 2020 @04:52AM (#23005047)
Optimizing a system for the 1% of 1% of 1% is not the greatest good.
Re:Supreme Court rules Georgia state law annotations not cop... by icebraining on Tuesday April 28, 2020 @06:33AM (#23005581)
Not if your goal is to help the greatest number of authors, but it might be if your goal is to help the greatest number of readers. Since a single book can be enjoyed by many, it's arguably better to have a single book that is very liked than one thousand books that nobody really likes to read.
Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Monday April 27, 2020 @08:01PM (#23001727)
Hosting workshops, personal appearances, giving lectures, being paid to write more material.
Re:Supreme Court rules Georgia state law annotations not cop... by colejohnson66 on Monday April 27, 2020 @10:22PM (#23002671)
But who would host the workshops for her? Who would pay her to write more? She was rejected multiple times from multiple publishers.
Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Monday April 27, 2020 @11:44PM (#23003124)
I write and give away free software. People have paid to come to my workshops. They've paid me to write more.

It's sort of like why would anyone pay to attend MIT, when you can watch videos of the lectures for free on youtube? Oddly enough, MIT is doing better than ever.

Re:Supreme Court rules Georgia state law annotations not cop... by icebraining on Tuesday April 28, 2020 @04:33AM (#23004942)
MIT has an IP-equivalent in the form of the exclusive right to tell people you graduated there. Plus a regular property right in who frequents the campus, and it's known that much of the value comes from the network one forms there.
Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Tuesday April 28, 2020 @04:55AM (#23005066)
Exactly my point. The value isn't in the video of the lectures.
Re:Supreme Court rules Georgia state law annotations not cop... by neurotech1 on Tuesday April 28, 2020 @12:19AM (#23003316)
The Andy Weir example. "The Martian" was originally a blog series, and actually his 3rd book.

He created an ebook version of The Martian, freely downloadable at the time. People did give him donations though. He only added it to Kindle for $0.99, because Amazon wouldn't let him distribute it for free. It look off from there.

When people would rather give the author $0.99 to make it easy to access on Kindle, than download it for free, and it becomes a bestseller, then that is a plausible way for an author to make money.

Re:Supreme Court rules Georgia state law annotations not cop... by icebraining on Tuesday April 28, 2020 @04:27AM (#23004895)
In a world without copyright, Amazon could have just converted the book to Kindle themselves and keep the $0.99.
Re:Supreme Court rules Georgia state law annotations not cop... by qppo on Tuesday April 28, 2020 @01:36AM (#23003765)
How much did Fox pay to license the copyright?
Re:Supreme Court rules Georgia state law annotations not cop... by quickthrower2 on Tuesday April 28, 2020 @02:20AM (#23004022)
Most authors don't see a dime though!
Re:Supreme Court rules Georgia state law annotations not cop... by jellicle on Monday April 27, 2020 @07:08PM (#23001239)
In the absence of copyright, one supposes that authors would get large up-front fees for publishing, and that the fee for book 4, book 5 and so on for JK Rowling would have been quite large, so I suppose she would have done just fine. Think "Kickstarter, but for authors".
Re:Supreme Court rules Georgia state law annotations not cop... by ineedasername on Monday April 27, 2020 @07:17PM (#23001326)
But why would the fee be quite large? Who would pay such a large fee when immediately after they publish the book, rival publishers who paid nothing could print their own versions. Even if it was a kickstarter model with decentralized payments from individuals, a large number of people would simply wait until the kickstarter was over and the book published to get it for free. Imagin that was the case with kickstarters now: How many people would pre-pay for products that have no quarantee of delivery if they knew that waiting would earn them the item for free? Again, even if there was a guarantee the product would be finished, those who wait would still get it for free.

I'm not saying this couldn't work, in theory, but I think in practice that the # of parasites has the potential to make such a model unworkable. But maybe not! I'd be perfectly happy if you're right and it worked.

Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @07:26PM (#23001419)
The entire point of the Kickstarter model is to solve collective action problems of that kind. It's in the individual's interest to contribute, because otherwise the project might not reach its funding threshold, or might have trouble reaching the 'stretch' goal that some care about. This ensures that the 'funding' issue is solved, at least.
Re:Supreme Court rules Georgia state law annotations not cop... by azernik on Monday April 27, 2020 @10:09PM (#23002606)
Who would be contributing to this Kickstarter? People who already know her, and know that her books are good? That's not where the real money is, or the measurement of market value of an author's labor; the money is in the flow of cash from consumers.

More generally, non-excludable goods do not work well within a free market system. If you want them produced, you either set up a state mechanism for funding them (which many countries do for e.g. film, by creating national film funds), or you somehow make them excludable (e.g. through copyright). The other options aren't really effective.

Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @10:32PM (#23002723)
You're pointing to an information problem that has little to do with non-excludability. A prospective funder faces the exact same issue anyway! And crowdfunding has been used to fund many sorts of good/service provision where non-rivalry is an issue. It does appear to work quite a bit better than other market-based options.
Re:Supreme Court rules Georgia state law annotations not cop... by henryfjordan on Monday April 27, 2020 @07:22PM (#23001378)
The exact opposite would happen. No publisher would pay very much for rights to a book that they cannot defend. Once that book hits the shelves, everyone with a printing press will be copying it and selling it at cost, which will undercut the first publisher because they need to include royalties in the price. They certainly aren't going to print a million copies if they aren't sure that they can sell them before someone starts copying them, so that would naturally limit the size of launches, further driving down the value of a manuscript.

There'd be a small first-mover advantage for being the first to print a book and smaller operations not worth copying would still operate but J.K. Rowling wouldn't be a billionaire.

Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @07:35PM (#23001499)
In this case, the "rights" would not be those of a book publisher but those of a patron/sponsor. Being among the persons or corporate entities who e.g. J.K. Rowling officially acknowledges as the "sponsors" of her work would create a lot of clout, and with that a lot of very real value. Authors used to be funded like that before the current copyright-based system became predominant; it's not just a theoretical model.
Re:Supreme Court rules Georgia state law annotations not cop... by henryfjordan on Monday April 27, 2020 @07:44PM (#23001580)
I suppose she'd be able to sell "official copies" or something akin to that, but no matter what she's still not capturing as much of the value she created if she cannot assert a copyright. There's also nothing in copyright law precluding her from also getting sponsors. If anything, copyright law makes it clearer where everyone stands and so makes connecting writers and sponsors (or employers through a work-for-hire agreement) much easier.
Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @07:47PM (#23001609)
> she's still not capturing as much of the value she created if she cannot assert a copyright

No one's disputing that. But she's also creating a lot more value at the same time. It's a wash.

Re:Supreme Court rules Georgia state law annotations not cop... by icebraining on Tuesday April 28, 2020 @04:45AM (#23005008)
It's not a wash for her, though, which may change her decisions to actually produce the work.
Re:Supreme Court rules Georgia state law annotations not cop... by megaman821 on Monday April 27, 2020 @11:03PM (#23002880)
If the model is so good, what is preventing her from doing it now? There is nothing in law saying you have to copyright your books, she could simply release it under creative commons. What even qualifies you to know what is best for authors and publishers? I love how so many people love volunteering other peoples work for free or propose they jump through hoop in some byzantine system to make money in a way that is acceptable to you.
Re:Supreme Court rules Georgia state law annotations not cop... by icebraining on Tuesday April 28, 2020 @04:44AM (#23005002)
> I love how so many people love volunteering other peoples work for free or propose they jump through hoop in some byzantine system to make money in a way that is acceptable to you.

Yes, that's called democracy. Copyright must be a system that is acceptable to most of us. In fact, copyright itself is more "byzantine" than just having the State issue a stipend to anyone who produces a work of art - yet must we be OK with such a solution?

Similarly, Joseph Galambos considered that people who coined words were due a royalty when they were used. Is is unfair that we decide to use that work for free instead?

Re:Supreme Court rules Georgia state law annotations not cop... by danharaj on Monday April 27, 2020 @11:54PM (#23003188)
Copyright has the force of the state behind it obviously it's going to beat out any solution that doesn't.
Re:Supreme Court rules Georgia state law annotations not cop... by Finnucane on Monday April 27, 2020 @10:37PM (#23002751)
In the days before the Berne convention, US publishers copied British books without paying the authors, which of course made the British authors unhappy. In some cases, because there was a bit of a first mover advantage, publishers would send their agents to London to acquire copies of the plates for popular authors as quickly as possible, and were willing to pay a fee for this.
Re:Supreme Court rules Georgia state law annotations not cop... by SeanLuke on Monday April 27, 2020 @07:12PM (#23001274)
What would the fee mechanism be for her very first book? Who would pay it? Remember, this book was so risky that she was rejected by quite a number of publishers.

Copyright is also the tool of open source code licensing. How exactly would a viral license operate when, lacking copyright, the authors have nothing to license?

Re:Supreme Court rules Georgia state law annotations not cop... by zzo38computer on Monday April 27, 2020 @10:33PM (#23002727)
While true, and I am willing to work with (and contribute to) software licensed by GPL and other free software licenses, my own programs are all under the public domain, because I am against copyright. I believe in reducing rather than increasing legislation, in general, so that would mean is better to abolish copyright. Even so, if copyright is abolished and then someone does copy it and won't release the source code, someone can legally reverse engineer it anyways, give them a bad reputation, or whatever else it may be. Furthermore, abolishing copyright would not mean abolishing trademarks, so you can still refuse to grant permission to use your trademark. (I also think that in addition to abolishing copyright, patents should also be abolished. Trademarks should not be abolished, but perhaps its scope should be reduced.)
Re:Supreme Court rules Georgia state law annotations not cop... by 2OEH8eoCRo0 on Monday April 27, 2020 @07:59PM (#23001714)
An author's children shouldn't get jack unless the author saved royalties for them.
Re:Supreme Court rules Georgia state law annotations not cop... by airstrike on Monday April 27, 2020 @08:55PM (#23002107)
> An author's children shouldn't get jack unless the author saved royalties for them.

This is such an obvious notion and it's not discussed nearly as often as it should.

It's not like my employer will be sending my last paycheck to my children 70 years after my death...

Re:Supreme Court rules Georgia state law annotations not cop... by stan_rogers on Monday April 27, 2020 @10:58PM (#23002863)
On the other hand, your employer does not have the opportunity to accumulate your work without paying you while you are alive, then apply that accumulated work for fun and profit after your death. The "life plus X" is a Chesterton's Fence - it was originally there for a reason. The length of X has since grown to be ridiculous, yes, but posthumous publishing of works for which the creator received nothing was a thing.
Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @11:18PM (#23002979)
Copyright in unpublished works is an entirely different matter than in published ones. Unpublished works get much stronger protection, that can extend for as long as 120 years from creation in the U.S. So I don't think your scenario is very relevant.
Re:Supreme Court rules Georgia state law annotations not cop... by dragonwriter on Tuesday April 28, 2020 @03:50AM (#23004604)
> I feel that the whole subject of copyright is generally anti-competitive and rent-seeking

Property rights in general are anti-competitive and support rent-seeking. That's actually very much the point of them; to insulate a particular interest from those who would compete with the person to whom the right is granted and enable the grantee to reliably extract value from the subject of the right, including by monopoly rents.

Re:Supreme Court rules Georgia state law annotations not cop... by Taniwha on Tuesday April 28, 2020 @04:32AM (#23004930)
Originally copyright was a bargain between the creator and the government (originally the Crown, but now the people) - essentially it's "we give you a fixed term monopoly, and in return you turn your creation over into the public domain afterwards".

Two things have messed with that deal - corporations are now treated as people, who live forever, and copyright extension allows corporations to extend copyright past the lifespan of the public they've made that bargain with.

I'd argue that a bargain that you can never collect on is not a valid bargain - the whole basis of copyright has been undermined - now it's just a monopoly.

Re:Supreme Court rules Georgia state law annotations not cop... by kd5bjo on Tuesday April 28, 2020 @05:07AM (#23005129)
For patents, part of the deal was also that the inventor should clearly describe how the invention works. Modern patents, however, are drafted to be so obtuse that they’re basically impossible to learn from.
Re:Supreme Court rules Georgia state law annotations not cop... by hyperpallium on Monday April 27, 2020 @10:22PM (#23002669)
Copyright is abused, yes. People want to write anyway, yes. But you need time and resources and space to write, review, edit.

Some novelists spent years collecting rejection slips (e.g. Stephen King; Larry Niven did it full time with a trust fund), which is probably irrational. But with no pot of gold at the end, only the properly delusional or wealthy could justify that investment.

OTOH copyright enforcement isn't that effective, so publishers meaninglessly vary textbook editions yearly, with expiring access to essential online content.

Re:Supreme Court rules Georgia state law annotations not cop... by scoopertrooper on Monday April 27, 2020 @06:52PM (#23001087)
If you want to retain a professional creative class then you must implement a system that allows them to benefit from the works they produce.

To rely on people producing things producing things without economic incentive is essentially the argument for anarchosocialism. It might work to some small degree for passion projects, but what the overall volume of creative production would collapse as creatives would have to find other ways to support themselves.

Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Monday April 27, 2020 @08:04PM (#23001757)
As usual, we can look at history for answers.

In the 19th century in Germany, Germany had no copyright or patent laws. There was an explosion of creativity and technological progress, and Germany became the European leader economically and technologically.

Re:Supreme Court rules Georgia state law annotations not cop... by azernik on Monday April 27, 2020 @10:34PM (#23002734)
The lack of patent laws was very clearly a positive for Germany; the argument for those is IMO much weaker than for copyright. Especially for developing, backward economies (early-19th-century US, late-19th-century Germany, and contemporary China), ignoring foreign patents is very useful for speeding up technology transfer from more advanced economies; within 19th-century US there's some limited evidence for patents being useful as a way of paying local, small producers to publish their innovations widely, but the domestic Chinese quasi-open-source "shanzhai" electronic ecosystem produces quite a lot of its own innovation while completely disregarding patent rules.

But the evidence for lack of copyright being useful in that period is very weak: https://www.wired.com/2010/08/copyright-germany-britain/

Most of the great German authors of the period had to hold other jobs to support themselves, which made completing works slow and halting. Goethe supported himself as a courtier/bureaucrat/officer of the Duchy of Saxe-Weimar until his mid-40s, Hegel was a teacher and academic administrator, Kleist barely made a living off of of publishing a magazine and stints in Prussian government service, etc.

Re:Supreme Court rules Georgia state law annotations not cop... by WalterBright on Monday April 27, 2020 @11:29PM (#23003031)
Most authors today have to hold other jobs to support themselves. In fact it's likely the vast majority. I know several successful authors. None of them make enough off of the books to live on.

But what they have done is leverage the status the books conferred into lucrative careers.

Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @10:41PM (#23002773)
> Most of the great German authors of the period had to hold other jobs to support themselves, which made completing works slow and halting.

And yet, they were nonetheless able to be great authors. Now, contrast German authors of the 20th century, when copyright law was adopted. There's just no comparison.

Re:Supreme Court rules Georgia state law annotations not cop... by azernik on Monday April 27, 2020 @10:47PM (#23002800)
There are MANY things that changed in that period.
Re:Supreme Court rules Georgia state law annotations not cop... by scoopertrooper on Tuesday April 28, 2020 @12:10AM (#23003271)
> Especially for developing, backward economies (early-19th-century US, late-19th-century Germany, and contemporary China), ignoring foreign patents is very useful for speeding up technology transfer from more advanced economies

There is no doubt that copycats would benefit enormously from an absence of patent protection, but innovators would doubtless invest less capital in innovation if they could protect it.

Germany, U.S., and Chinese copycats were about to free-ride on the license fees paid by English manufacturers to patent holders. If the English never established a patent law, then there would be nothing for them copy and the overall welfare of society would be reduced.

Re:Supreme Court rules Georgia state law annotations not cop... by ineedasername on Monday April 27, 2020 @07:22PM (#23001374)
> producing things without economic incentive is essentially the argument for anarchosocialism.

Which could work if we were to implement something like universal basic income, or progress to an agalmic economic society. I'm not optimistic on either of those.

Re:Supreme Court rules Georgia state law annotations not cop... by vmception on Monday April 27, 2020 @07:46PM (#23001595)
Maybe Congress should delegate the time of IP rights to the agencies, and then we can just worry about regulatory capture, but not the insurmountable nature of getting Congress to listen to the people instead of Corporate IP aggregators
Re:Supreme Court rules Georgia state law annotations not cop... by zzo38computer on Monday April 27, 2020 @10:25PM (#23002685)
I agree with you. I don't like copyright either. I think it should be abolished, but would also accept to greatly reduce the duration and scope of copyright. That is why I write stuff to be public domain instead.
Re:Supreme Court rules Georgia state law annotations not cop... by bgorman on Monday April 27, 2020 @06:10PM (#23000696)
Intellectual property is the probably the number one way the western world oppresses the poor.
Re:Supreme Court rules Georgia state law annotations not cop... by zozbot234 on Monday April 27, 2020 @06:47PM (#23001024)
Intellectual property monopoly oppresses everyone, not just the poor.
Re:Supreme Court rules Georgia state law annotations not cop... by DaiPlusPlus on Monday April 27, 2020 @06:57PM (#23001147)
I assume you’re referring to drug patents with that remark?
Re:Supreme Court rules Georgia state law annotations not cop... by CamperBob2 on Monday April 27, 2020 @07:14PM (#23001296)
Your own post is "intellectual property." Can you be a bit more specific?
Re:Supreme Court rules Georgia state law annotations not cop... by bgorman on Monday April 27, 2020 @09:02PM (#23002162)
Sure.

Most of the world does not live in western countries (As a simplification think Europe, Australia, US, Canada etc).

In general, most of the world's valuable intellectual property has originated from Western countries.

What intellectual property law does is provide a monopoly on selling/producing something to a company or individual. The thing that is interesting about intellectual property is that it is not tangible. If someone is assaulted, or their physical car is stolen- the damage is very real and tangible.

However with intellectual property we have a worldwide system where copying intellectual ideas is equated to the same thing as physically stealing.

For example, imagine I setup a factory that outputs clones of the "Land Rover Range Rover" in East Timor. I may be allowed to sell the vehicle domestically, but exports of the vehicle to "advanced economies" will undoubtably blocked due to IP infringement.

This is a highly questionable practice for a few reasons.

1. Worldwide consumers would benefit for lower prices on Range Rovers 2. The production of Range Rovers in my knock off factory does not prohibit Land Rover from producing their vehicles 3. The special interest groups who benefit from the Range Rover monopoly are much wealthier than the rest of the world, and the monopoly only serves to reinforce that.

Intellectual property is fundamentally a way for the wealthy (people who can afford lawyers) to prevent potential competitors from implementing ideas.

There is no monopoly on differentiating mathematical functions, or calculating the current in an electric circuit. Yet somehow there are laws prohibiting copying designs for integrated circuits. It is all nonsense and the only winners are IP holders and lawyers.

Re:Supreme Court rules Georgia state law annotations not cop... by LaEc on Tuesday April 28, 2020 @01:28AM (#23003710)
World with IP: Expensive Range Rovers.

World without IP: No Range Rovers.

Your imagined world of cheap range rovers if we suspended IP only works once but destroys all future incentive to create.

Re:Supreme Court rules Georgia state law annotations not cop... by rayiner on Monday April 27, 2020 @06:12PM (#23000716)
How is copyright anti-competitive? If you come up with an original work independently, why do competitor principles require ever letting someone else copy that work? We aren’t talking about limited resources here.
Re:Supreme Court rules Georgia state law annotations not cop... by gowld on Monday April 27, 2020 @07:01PM (#23001192)
One example is derivative works.

Fanfiction runs into legal trouble with copyrights.

Re:Supreme Court rules Georgia state law annotations not cop... by majormajor on Monday April 27, 2020 @07:20PM (#23001356)
Are derivative works competitive or anti-competitive? Truly original ideas could plausibly find it harder in that market.
Re:Supreme Court rules Georgia state law annotations not cop... by henryfjordan on Monday April 27, 2020 @08:03PM (#23001747)
"Competitive" in the context of IP laws means competing to sell exactly the same thing (not 2 different books, or even 2 books from the same genre, but the exact same text). Copyright laws prohibit you from selling a thing I hold the copyright to, so they are by definition anti-competitive. We otherwise might be able to compete on price or availability, for instance.