[p2p-research] Fwd: [fcforum] Fw: iPad DRM is a dangerous step backward. Sign the petition!

[Michel Bauwens]

I understand the idea behind objecting to republishing, but I don't see it
as enforceable at all, can you prosecute someone because you miss on a
banner?

the fact remains that your pages is reproducible at the push of a button,
and it happens all the time and massively, including on this mailing list ..

in my own case, I'm curating material on the wiki and blog, and essentially
my whole activity is about republishing other people's content, but it
represents the hard work of selecting, choosing excerpts, explaining context
etc... The net effect in general is that I can substantially increase
traffic to a place, and that most people (except one in 3 years) are most
happy with that ... I would guess that I'm increasing their reputation,
traffic and potentially income ...

Don't forget that it's not because something is on your site, that people
will come, and other venue that points or excerpts or even copies in full,
creates extra streams to your site. So I must disagree that one publication
is sufficient for 'sharing' and that further sharing adds nothing.

my own ethical point of view is that in 98% of the cases, 1) I only excerpt
2) I point and name the original. In theory, if I would have banner and
google ads, and I would make money, I would consider creating a fund so that
I could share the proceeds with authors, but it may be very difficult to
implement ..

Now I realize that there are people that republish only for commercial gain.
fail to attibute, etc.. This  is I agree an ethical problem. If your
material is copyrighted  you do have legal recource and I'm not opposed to
that, however pragmaticallhy difficult it may be to actually realize in
practice,

Michel




On Wed, Feb 10, 2010 at 6:08 PM, M. Fioretti <mfioretti at nexaima.net> wrote:

> On Sat, Feb 06, 2010 12:08:48 PM +0700, Michel Bauwens (
> michelsub2004 at gmail.com) wrote:
>
> > My profound conviction is that if one person acquires any digital
> > content, he is free to use and share, and that in no way sharing
> > should be criminalized. But even with piracy, in a country like
> > Thailand, it is simply immoral to enforce IP law, which destroys the
> > livelyhood of hundreds thousands of people in the informal economy.
>
> Michel,
>
> I share (no pun intended) your concern, however I feel that the
> position above is another hint that many analyses and proposals in
> this field are weak and potentially counterproductive because they
> come from a restricted vision.
>
> First a general comment: I stepped into this thread only to discuss
> copyright, not IP, and for now I'll stick to that. The impact of
> patents, trademark and other stuff on the livelyhood of poor people is
> really serious, I agree, but I'll stick to copyright.
>
> Secondly, it is not correct to call "sharing" what I have attacked in
> detail in my previous posts. If an author publishes something online
> for free, without registrations or other barriers like proprietary
> formats etc.. it's already shared. Integral copies of that work
> anywhere else online are simply useless from that point of view
> because they don't add anything to that sharing. They are not sharing,
> because there was nothing more to share than what the author are
> already done.
>
> Sure, wee could maybe talk about derived works or translations, or
> even offline distribution (eg printouts or CDs to folks without
> connectivity) but I feel it would just add to confusion to do it
> before these points are clear. Why go into details until we aren't
> sure that we are using the right words at the basic level? See also my
> answer to Kevin.
>
> > A different issue is the ethical issue of attribution. What do we do
> > with ethical breaches of that nature. If you see somebody
> > reproducing your work, in a 'commercialized environment' and not
> > attributing or paying you, how would want the law to react?
>
> I think we should separate attribution and (as long as we need it to
> pay the bills) money. Maybe attribution should be preserved by law
> forever, unless the author says otherwise. For historical accuracy, if
> nothing else?
>
> When it comes to money, my position is what I already said: first,
> make copyright last much, much less than today, and when stuff goes
> into public domain that's it. Before expiration, if and when the
> author doesn't want money, OK. Otherwise, the law should support the
> author in this, in two parallel ways:
>
> 1) Do not tolerate J.K. Rowling style control tantrums, that is
>   redefine fair use, format shifting, etc... in the interest of end
>   users.
>
> 2) but also abolish the distinction between commercial and
>   non-commercial in all cases where they hurt the authors. If I spend
>   6 weeks writing a tutorial and put it online for free to get some
>   money through banners, requests for donations and what not and you
>   publish a complete copy on your site, it makes no difference
>   whether YOU make money out of your copy or not. Even if you keep
>   attribution, link to the original article etc... people who will
>   read the whole thing on your site won't come to mine and read the
>   banner, the request for donation or whatever it is. So you would
>   indeed damage me even if you never wanted to make a penny out of
>   your copy. Again, for no benefit whatever to society, because the
>   whole tutorial was already available to everybody.
>
> Marco
>
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>



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