piracy

Beethoven: Remixer, Pirate

by on November 28, 2011 @ 11:27 am · 0 comments

in IP Law

One of my favorite podcasts, KERA’s “Think,” hosted by the excellent interviewer Kris Boyd, had a fascinating show recently, Beethoven and the World in 1824:

What environment spawned one of the greatest orchestral compositions in history? We’ll find out this hour with music historian and New York Philharmonic Leonard Bernstein Scholar-In-Residence Harvey Sachs. His latest book is “The Ninth: Beethoven and the World in 1824? (Random House, Paperback, 2011).

As Sachs notes, the final movement of his famous Symphony No. 9 in D minor, Op. 125, “Ode to Joy,” was innovative:

The symphony was the first example of a major composer using voices in a symphony (thus making it a choral symphony). The words are sung during the final movement by four vocal soloists and a chorus. They were taken from the “Ode to Joy“, a poem written by Friedrich Schiller in 1785 and revised in 1803, with additions made by the composer.

In other words, it was a remix, as most (all?) art is. In today’s hyper-copyright world, Schiller could stop Beethoven if he wanted, and prevented one of the greatest works of art of all time.

[C4SIF]

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The looming threat of Internet censorship in the name of copyright is being opposed by an increasing number of groups, politicians, and companies. Ron Paul and others, for example, oppose it, although supporting the goal of stopping rogue websites and copyright “piracy.”

As for companies, Dyn, for example, an Internet infrastructure/DNS/email delivery comany, has a strong statement opposing the horrible Stop Online Piracy Act/E-PARASITE (which emerged after the defeat of PROTECT-IP, aka “son of COICA” as it rose from the ashes of the defeated COICA) pending legislation that Big Media are trying to usher through Congress. Unfortunately, they also, like the politicians who are coming out against SOPA, water down their opposition by paying obeisance to the legitimacy of the statist protectionism known as copyright, by including the comment: “While online piracy is obviously bad …” However, the rest of Dyn’s statement is very good. A few excerpts are included below.

And as noted above, other groups and companies are coming out against SOPA, including the European Parliament and “more than 60 civil and human rights organizations”. Even the the Business Software Alliance, which represents IT companies including Microsoft, SAP, IBM, Dell and Hewlett-Packard, and which originally supported SOPA, has withdrawn its support for SOPA in its current form.

Dyn urges people to sign this petition to oppose SOPA. It is a fairly strong opposition to the proposed legislation, even though it also implies there can be “reasonable copyright law.” There cannot be. Genuine rights cannot conflict; when statist positive law sets up rights that “conflict,” or laws that are “in tension” (such as the “tensionbetween antitrust and IP law), that’s a red flag that at least one of these laws is illegitimate. When people try to reconcile copyright with free speech, the result is inconsistency, and lack of a principled approach. Thus, you see people saying, sure, we need to stop piracy–but these laws go “too far”; we need to have a “reasonable” copyright regime, not one that results in “too much” censorship. Of course mirrors the content of the Constitution itself, which enshrines both copyright (which results in censorship) and free speech. Since most people are legal positivist and hold the fallacious view that the state is legitimate, they accept the Constitution as legitimate and try to square unsquarable things. The result is cognitive dissonance. (One could argue, by the way, that the First Amendment, ratified in 1791, overrules the Copyright clause, ratified along with the Constitution in 1789, since they are incompatible and later-ratified (legislation and) constitutional provisions implicitly overrule earlier (legislation and) constitutional provisions, just as the Twenty-first Amendment (1933) repealed the alcohol prohibition of the Eighteenth Amendment (1919).

Here are some excerpts from Dyn’s statement: [Keep reading…]

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I’ve previously discussed and criticized Objectivist views on IP, including those of Diana Hsieh, Greg Perkins, and Adam Mossoff.

In a recent Noodlecast, Hsieh and Perkins have about a 10 minute segment discussing music piracy and IP:

Question 4: The Morality of Pirating Music (34:37)

Is pirating music immoral? Why or why not? In one way I think it must be immoral because it involves gaining the unearned, but there have been (granted I know little of the music industry) many claims that illegal file sharing has actually been good for the music industry in a number of ways. There have also been arguments that it is not technically theft because it involves copying information instead of physically taking it from the owner i.e. the original owner (and creator) has not lost the music even after you have copied it, but this argument seems shoddy by its concrete bound concept of theft and ownership. Simply put, to me, it feels immoral, but I have trouble conceptualizing exactly why.

Links: Adam Mossoff’s Webcast on Intellectual PropertyDon’t Steal This Article by Greg Perkins

My Answer, In Brief: As Adam Mossoff persuasively argues, all property is fundamentally intellectual property. So, contrary to the spurious arguments found in the question, the reason to respect intellectual property is the same as the reason to respect tangible property, namely that the mind is the source of all value.

Perkins’s and Hsieh’s attempts to answer the piracy question help to highlight several flaws in Objectivist thinking. First, they admit the importance of the economic concept of scarcity as it applies to rationing scarce resources; but then they flippantly dismiss emphasis on this for the field of rights as focusing on some incidental feature or “concrete bound.” Scarcity is incidental? But without scarcity we would not have the possibility of conflict. Hsieh says “good ideas are scarce,” thus conflating “not abundant” with “scarcity,” which ignores the precise economic concept of scarcity as being rivalrousness–this kind of confused use of terms leads to equivocation: Hsieh and Perkins both use “scarcity” in the “rivalrousness” sense when they are talking about material objects and “microeconomics,” but in the “not abundant” sense when saying “good ideas are scarce.” [Keep reading…]

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Article: Intellectual Freedom and Learning Versus Patent and Copyright

by Stephan Kinsella January 20, 2011

In my various publications and speeches about intellectual property (IP), I’ve approached it from a variety of angles. In this article, I consider the role of information and learning, and the role of property rights, in human action. I use a praxeological analysis to show that human action employs scarce resources or means, but that [...]

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Intellectual Freedom and Learning Versus Patent and Copyright

by Stephan Kinsella January 19, 2011

Introduction I’ve given several speeches about intellectual property (IP). Tonight I’ll take a somewhat different approach to the subject. Let me ask you a general question. Why are you here at this great (government) school? It’s to have fun, right? But it is also to learn; that is the basic purpose of education: to learn. [...]

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Mimi & Eunice: Obscurity

by Nina Paley January 17, 2011

Based on a famous quote from Tim O’Reilly. Because Mimi & Eunice are Free and Copyleft and ShareAlike and want to be copied, “piracy” poses no threat to them at all. But very few people know they exist. Please copy, embed, etc. – the more they’re copied, the less obscure they’ll become. Also, you can buy the book. ~*~ [...]

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Progressive Egalitarians Should Be Anti-IP

by Geoffrey Allan Plauché September 1, 2010

The Obama Administration insists that “‘Piracy is flat, unadulterated theft,’ and it should be dealt with accordingly.” Nonsense, of course. Only scarce goods can be property and therefore only scarce goods can be stolen. Ideas or information patterns are nonscarce goods. If I take your bicycle, you don’t have it anymore. If I copy your [...]

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