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Forums: Copyright: Why this fight is important to all of us
aaron29
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Subject: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
I have been keeping up with this site ever since the announcement of the RIAA subpoenas. I am glad to finally see so many people taking notice and standing up for what is right. After much thought I’ve decided to post why this issue is important to me.
I have been following copyright legislation since the mid 90’s, ever since I first learned of the copyright term extensions. With each new restriction from congress (DMCA, CPRM, etc.) my feeling of personal loss increased. But, I really didn’t understand why until just the last few weeks.
Over the years I have written my concerns to my representatives with little but a passing “thank you” form letter in return. The past few weeks, I have joined with the rest of you to do what I can to fight for our rights. I’ve sent letters and e-mails to congress. I’ve signed every petition I can find. I’ve donated to EFF. I’ve discussed the situation with colleagues, friends, anyone who will listen.
Last week I was chatting with a colleague who shares my views on this issue. During that discussion I started asking myself, why am I feeling so intensely about this issue? I don’t download music. I’m always careful about copyright when posting on the net. So why do I feel so strongly, as if this was really something personal?
After much soul searching, the answer came to me. I’VE BEEN ROBBED! Congress stole what should have belonged to all mankind and sold it to Disney, the RIAA, and the MPAA everything that should have been public domain for the entire 20th century!
Our founding Fathers gave us a unique and wonderful gift. By enacting copyright legislation, they solved an age old problem of plagiarism and the theft of a work by someone of a higher status who could claim the work as their own with impunity. By making it possible for any citizen to register a copyright, the door to new authors was open and secure. However, they also knew that the public domain and derivative works was essential to the advancement of the useful arts. So, to insure that these derivative works could see the light of day, while still relevant, they purposely limited the copyright term. In so doing, they created an impetus to create and the collaborative environment that would create a rich portfolio of public domain works. This would truly be a treasure for all mankind.
The loss to humanity is immeasurable and irretrievable. Many of the pioneering works of the 20th century were made on celluloid or magnetic tape. Many of these works have already degraded into oblivion. They are lost forever because they could not and still cannot be copied to more permanent digital formats due to copyright restrictions. With each passing day we lose more of our culture to the decay of these works.
While the theft of the public domain and the loss of our history are as bad as the loss of the library of Alexandria, this is not the worst part. The truly tragic loss to all humanity are the derivative works that could have been created, but weren’t because the men or women who could have made these works, died before the copyright ran out. Much of Shakespeare’s work was derivate from his contemporaries. His great plays would never be created in our current world.
I’ve been involved with the Internet since before it was popular. Even before the days of IE and Netscape. I’ve worked on many Internet development projects from Open Source E-mail to commercial website development. I understand what the Internet is and much of it’s potential. I’ve always been disappointed that there was virtually nothing available in the public domain that could be used to create websites.
Can you imagine what the internet would be like if we had the original 14+14 years on copyright? Imagine that everything published prior to 1975 was freely available to the public, to enjoy, copy, and create derivative works? I can! It almost brings me to tears that this gift has been lost! No, not lost, stolen and sold!
There are many who could create compelling and artistic websites if only the movies, music and other works of the early 20th century could be used like a pallet of color for this new art. For example, I have relatives who survived the Great Depression and the occupation of Eastern Europe. The story of their lives could be told, but to make it come to life, the music and images of the time are needed. However, they are all still under copyright. As a result, the story behind these great people will fade into history, so the heirs of Disney don’t starve if Steam Boat Willey goes public domain! The artists of the past are destroying the art of tomorrow.
I see P2P and file sharing, especially anything created prior to 1975 is simply a way to take back what should have been ours all along. If a thief steals you’re car and manages to change the legal registration, would you hesitate to take your car back if you found it? It’s your car! The same has happened with the great works that would have been ours if they hadn’t been taken from us.
For me, the rallying cry is not “I want cheaper CDs”, not “P2P forever”, or “Die RIAA!” It’s a very simple “I’ve Been Robbed!” along with the rest of humanity. This is not just about the citizens of the U.S., it’s about the loss to every human on this planet. Everyone, in every country, should stand up and shout at the top of their lungs! “Give us back what you stole!” Give us back what are Founding Fathers gave us!
As this fight wages on, which it will, remember, we, humanity, are the victims here.
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dumby
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
Well put aaron29. Welcome aboard! |
Bufo
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
aaron29,
I couldn't possibly agree with you more! This is a great posting you have made, and I wish it could be published in the major media throughout the world.
The issue of copyright extensions affect many areas besides P2P filesharing, of course. But it it P2P filesharing which SHOULD be bringing these copyright extension issues to the fore, since P2P is really, in effect, a great way to share music and other items which are in the public domain.
Problem is, there isn't much recorded music in the public domain for the reasons you cite above.
I am very concerned that many folks who are actively engaged in defending P2P are overlooking the whole issue of the ridiculous extensions to copyright and the astronomical penalties for copyright infringement. I know of many people who feel that it is wrong to use P2P applications because it is used so much for sharing copyrighted material. But when I point out to them that copyrights are soooo long (compared to the original 14+14), they realize that the RIAA, MPAA, and other content holders do not have all the 'moral chits' on their side. When I ask them how they would feel if medical drug patents lasted 95 years, they agree that such a long patent term would be very unfair and would encourage folks to make their own drugs 'illegally'.
Folks on this website have used many good arguments to advance the cause of P2P use. But ultimately the RIAA seems to have an answer to most of them. Yes, it is true that the RIAA affiliates own most of the copyrighted music and not the artists, but the RIAA will argue that the artists/musicians willingly surrendered those copyrights in their contract. Maybe the contract was a rip-off, but the artist could have gone to an independent label for better terms. Sharing files is not really "theft" or "piracy", as so many on this website point out. But the RIAA retorts that copyright infringement is still illegal. The RIAA has been accused of exaggerating their financial losses due to usage of P2P. This is probably true, but in the eyes of many people, this exaggeration does not excuse copyright infringement.
The only way to attack the RIAA on moral grounds it to attack the validity of the existing copyright laws, for it is those laws which ultimately give the RIAA their power. The users of P2P should be able to freely trade music in the public domain, but the content holders have teamed up and used the U.S. Congress to turn copyright law into a virtual monopoly, thus preventing music from entering the public domain. This is very unfair and unjust. When the civil rights leaders in the early 60's attacked racial discrimination, they didn't beat around the bush with peripheral arguments; they went after the discrimination laws themselves.
What I find most frustrating is that when I read articles and editorials in the Wall Street Journal, Newsweek, USA Today, U.S. News, and internet News Sites, the issue of unfair and unjust copyright law is never even brought up in articles about P2P filesharing and the RIAA's pogrom against file sharers. Unjust copyright law was also not mentioned in the "Music Wars" program on Tech TV a couple of weeks ago, and I don't think it is being mentioned in the Coleman hearings right now. I'm afraid that many people simply take for granted that copyright law is OK and that P2P users are just ripping off the rightful owners of the copyrights. I have tried to send letters about copyright law and P2P filesharing to some of the above-mentioned periodicals, but none of them have been published.
I can only hope, arron29, that you will have better luck than I have. |
aaron29
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
Ed Quillen at the Denver Post Agrees with us!
check out:
http://www.hodder.org/other/TimeToGiveUpOnCopyright.htm
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dumby
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
Have either of you written to Sen. Coleman at congress.org? Both of you write so well and it might help. Coleman is encouraging it this week because of the hearings. Anyone who has not written, should even if it is only a paragraph! |
aaron29
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
I'll rework my post and send it. Maybe Bufo could do the same? |
dumby
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
Way to GO Aaron! Congress seems to be having a bit of a problem with the people who are angry at the media right now. I wish other groups would realize that they all belong to the same people. It is really almost one fight to stop the monopoly of ownership whether it be music, news, or other entertainment. They are bribing, I mean donating so much money right now, it is hard to get anyone in congress' attention. |
Bufo
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
No, dumby/aaron, I haven't written to Coleman yet.
But I will. Thanks for the suggestion. |
Bufo
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
Oh, and I'm glad to see that copyright law got some attention in the Denver Post article. I don't get this paper, so didn't know about it. |
dumby
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Subject: Re: Why this fight is important to all of us
Date: November 30, 2003 @ 9:12 PM
Great Bufo! Even if most of congress ignores the letters, other people visiting the site will see them and know there are people out there that care! Today, I realized we have people traveling on business and vacations from where I work. Even the people who don't have a computer have volunteered to put up posters. Every little bit helps. |
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