(piggybacking maybe)
not really needed though...
Then get on over to Ed Bott’s Microsoft Report, where his poll on digital media ethics has garnered an overwhelming, and highly educational, response.
Lawgarithms
Denise HowellWant to know what over 7,500 ZDNet readers think about copying digital media?
Summary: Then get on over to Ed Bott’s Microsoft Report, where his poll on digital media ethics has garnered an overwhelming, and highly educational, response.
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Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law.
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Denise Howell
I am a practicing lawyer and consultant on legal issues relating to the Live Web and social media, with a small, hardy, and eclectic group of clients. From time to time I may mention one of them and/or their activities on my ZDNet blog (as I have done periodically on Bag and Baggage), but if so I will try to always remember to identify them as such in the post itself. I blog and podcast in various and sundry places. Those that pay me at the moment and/or are anticipated to do so are here at ZDNet, and over on TWiT.tv for my show this WEEK in LAW. I speak fairly regularly at conferences or other events; some of these involve actual compensation, though most do not. Boards: I am on the board of the Attention Trust, and the advisory boards of Top Ten Media and the Law and Policies Institutions Guide. Investments: I invest or have invested tragically modest sums of money in technology (and occasionally other) companies for which I have a personal affinity, including Google, Apple, Amazon, and eBay. My investment accounts include individual stocks and mutual funds the precise composition of which I have long since lost track of. And my husband invests some of our community funds in Goodness Knows What. It is thus entirely possible that I or my family have some miniscule financial interest in companies about which I write here from time to time, and you should feel free to take that into account — though as a generally pleased user I think I'd probably write enthusiastic things about Apple and Google even if I weren't purchasing tiny amounts of their stock in anticipation of the value I hope it will have when my son reaches college age.
Biography
Denise Howell
Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law. For further details please see her professional background and speaking schedule.
Denise's career is characterized by her passionate engagement in intellectual property issues, technology, media, and all forms of online communication. She writes one of the first law-related weblogs, Bag and Baggage and coined the term "blawg" as shorthand for legal weblog. She hosts this WEEK in LAW on TWiT, probing the areas where technology and society intersect in ways that present new, unique, or difficult issues under existing and developing law, and has a further audio series at IT Conversations, Sound Policy. She is a regular columnist for The American Lawyer magazine. Denise is a member of the Identity Gang, Project VRM, a board member of the Attention Trust, and an advisory board member of Lisensa/Top Ten Media and the Law and Policy Institutions Guide
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Lots of folks who read my blog don't necessarily read the rest of ZDNet, and I think they'd be fascinated by the poll (as I've been).
The recent increased pace of DRM/Piracy commentary spreading across publications like this, only brings the subject forward for more open dialog.
It's apparent by reading less than half of the trackbacks this subject is either mis-understood or mis-comprehended by the thousand(s) of users. This lack of education only plays right into the hands of organizations like RIAA, MPAA who thrive on these same people. RIAA is proud of the fact their current scare tactic can be used as a solution to piracy.
The industry saw an opportunity to distribute their content, they never considered this same technology would be used against them. The last time Spider Man was released, inside the package was an opportunity for you to "purchase" additional licenses for your other appliances, no mention of this is being released on this new version. "Fair Use" could use a little more clarity...
It's apparent by reading less than half of the trackbacks this subject is either mis-understood or mis-comprehended by the thousand(s) of users. This lack of education only plays right into the hands of organizations like RIAA, MPAA who thrive on these same people. RIAA is proud of the fact their current scare tactic can be used as a solution to piracy.
The industry saw an opportunity to distribute their content, they never considered this same technology would be used against them. The last time Spider Man was released, inside the package was an opportunity for you to "purchase" additional licenses for your other appliances, no mention of this is being released on this new version. "Fair Use" could use a little more clarity...
It's not so much that people are confused, I don't think. This situation is not particularly different to the attempt made towards the cassette tape and VCR industries in the 70s and 80s. Guess how they turned out? That's right - a person who purchases a legal copy of media can copy it for their personal use as many times as they want, as long as they don't distribute the material or collect revenues from them.
This is the same thing. You should be allowed to copy your CDs to mp3s and put them on your iPod. You should be allowed to make a back-up copy, so you don't have to drag it in and out of the car daily. You know why? Because the Supreme Court said that you should be able to. The difference is the internet's role, and the ease of file sharing.
What this poll says is not that people misunderstand - they see it as their right because they bought and paid for this media, and it's theirs (the ones that are distributing it, at least), and previous court cases back them up (without reference to new technologies, of course). What this poll really says is how incredibly out of touch the industry is.
Lots of people are talking about refusing to purchase media at all until they straighten up. Never will they totally halt all sales. But the recent publicized over-blown cases they have tried to put on people and the brainless statements they have made, such as that copying a CD that you purchased to put it on your iPod is theft, they really need to watch out.
It's only a matter of time before a class-action lawsuit takes place, provided they even still exist. If people keep pirating, they are going to keep themselves in court indefinately and end up shutting down the mainstream entertainment business as we know it.
The lesson - don't screw around with customers. We don't like you telling us what we can and can't do with OUR stuff. Too many corporations and government bodies have forgotten recently that we don't work for them, they work for us. We hired them to do a job or provide a service, and we can fire them should the mood strike us.
This is the same thing. You should be allowed to copy your CDs to mp3s and put them on your iPod. You should be allowed to make a back-up copy, so you don't have to drag it in and out of the car daily. You know why? Because the Supreme Court said that you should be able to. The difference is the internet's role, and the ease of file sharing.
What this poll says is not that people misunderstand - they see it as their right because they bought and paid for this media, and it's theirs (the ones that are distributing it, at least), and previous court cases back them up (without reference to new technologies, of course). What this poll really says is how incredibly out of touch the industry is.
Lots of people are talking about refusing to purchase media at all until they straighten up. Never will they totally halt all sales. But the recent publicized over-blown cases they have tried to put on people and the brainless statements they have made, such as that copying a CD that you purchased to put it on your iPod is theft, they really need to watch out.
It's only a matter of time before a class-action lawsuit takes place, provided they even still exist. If people keep pirating, they are going to keep themselves in court indefinately and end up shutting down the mainstream entertainment business as we know it.
The lesson - don't screw around with customers. We don't like you telling us what we can and can't do with OUR stuff. Too many corporations and government bodies have forgotten recently that we don't work for them, they work for us. We hired them to do a job or provide a service, and we can fire them should the mood strike us.
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