5+5 year copyright terms questioned

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Re: 5+5 year copyright terms questioned

Postby cc » Thu Jan 28, 2010 8:07 pm

jez9999 wrote:Don't go assuming that Rufus Pollock's report on copyright is more legitimate than others' views because it uses a lot of algebra.


Actually, it is. If you don't agree with it, you can't just say "eh, my intuition is better than yours, so you're wrong." You have to go find the right data and the right reasoning to prove it's wrong.

Why are you so insistent on 5+5, anyway? Do you not agree that intuition can be wrong, and it's best for our party to work using a more principled approach? Yes, that means we have to suck it up even when the conclusions we draw are not to our liking.
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Re: 5+5 year copyright terms questioned

Postby jez9999 » Thu Jan 28, 2010 8:12 pm

Let me put it another way: do you understand how that report goes from its inputs to its conclusions, and how reliable the assumptions it makes are?

And I don't really have to prove that it's wrong; it's very hard to prove a negative, anyway. It has to prove that it's right.
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Re: 5+5 year copyright terms questioned

Postby scuzzmonkey » Thu Jan 28, 2010 9:00 pm

jez9999 wrote:Don't go assuming that Rufus Pollock's report on copyright is more legitimate than others' views because it uses a lot of algebra.


i'm not assuming anything, all I'm saying is that at least being able to point to a report is better for us in terms of...well, everything...than just picking a somewhat arbitrary number. If you were po-copyright then you'd say 150+ years was better and your gut instinct, if you were completely 100% against, you'd say 0 - none of us are free from bias, and as such, being able to say "we came to our decision through a mixture of factors, some being party opinion, others being independent reports and industry targets as a means to create a system that is fair to all parties" is much better for us as a party, and 1001 times easier to defend.
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Re: 5+5 year copyright terms questioned

Postby rancidpunk » Thu Jan 28, 2010 9:03 pm

Tbh I don't particularly care how long copyright is applied to protect profits, I'm more interested in ensuring that sharing without profit is not against civil or criminal law.

The fact that I feel 5 + 5 is a good compromise is because my gut tells me that if a product is good enough then the creator should be able to feel rewarded enough for his efforts after receiving copyright protection for no more than 18 months from the date the work goes on sale.

How said creators choose to have their work sold to the consumer is up to them.

I would like to have the same consumer rights as when I buy other products in the UK, i.e. this is crap and I would like my money back. No refunds on cd's, games, DVD's etc. but no right to try the product first, I have to believe the advertising and trust the company or artist selling the product to tell me what I am going to get for my money and if I think I have been misinformed then it's tough 'cos they've already got my money and don't have to give it back. Would anybody here buy a car without test driving it first?

Just because a product is 1s and 0s and hence insubstantial doesn't mean that it should be treated any differently than, for example the webcam I bought this week and returned for a full refund because in my opinion it was crap.
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Re: 5+5 year copyright terms questioned

Postby samgower » Thu Jan 28, 2010 9:16 pm

rancidpunk wrote:The fact that I feel 5 + 5 is a good compromise is because my gut tells me that if a product is good enough then the creator should be able to feel rewarded enough for his efforts after receiving copyright protection for no more than 18 months from the date the work goes on sale.

We can't run a campaign based on what your gut tells you. We need sound reasoning and evidence if we are to even get off the ground.
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Re: 5+5 year copyright terms questioned

Postby scuzzmonkey » Thu Jan 28, 2010 9:19 pm

the problem is though that you can copy the cd/dvd/game then return it.

admittedly, it is stupid to say this is illegal, but file sharing is legal - i suppose the only difference would be an increased cost to the manufacturer as they have to re-package the goods to (hopefully) re-sell it.


samgower wrote:We can't run a campaign based on what your gut tells you. We need sound reasoning and evidence if we are to even get off the ground.


and this :D
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Re: 5+5 year copyright terms questioned

Postby rancidpunk » Thu Jan 28, 2010 9:27 pm

samgower wrote:
rancidpunk wrote:The fact that I feel 5 + 5 is a good compromise is because my gut tells me that if a product is good enough then the creator should be able to feel rewarded enough for his efforts after receiving copyright protection for no more than 18 months from the date the work goes on sale.

We can't run a campaign based on what your gut tells you. We need sound reasoning and evidence if we are to even get off the ground.


And where can we find the proof that copyright needs to be reformed at all? It's obvious to us but it's still our opinion, nothing else. Pollock's equations are part of an as yet unproven theory, so they are as relevant as my gut is until proven right or wrong.
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Re: 5+5 year copyright terms questioned

Postby rancidpunk » Thu Jan 28, 2010 9:30 pm

scuzzmonkey wrote:the problem is though that you can copy the cd/dvd/game then return it.


Although that means that they are saying that we are all guilty of piracy if we want to return their products so we can't.
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Re: 5+5 year copyright terms questioned

Postby cc » Thu Jan 28, 2010 10:10 pm

rancidpunk wrote:
samgower wrote:
rancidpunk wrote:The fact that I feel 5 + 5 is a good compromise is because my gut tells me that if a product is good enough then the creator should be able to feel rewarded enough for his efforts after receiving copyright protection for no more than 18 months from the date the work goes on sale.

We can't run a campaign based on what your gut tells you. We need sound reasoning and evidence if we are to even get off the ground.


And where can we find the proof that copyright needs to be reformed at all? It's obvious to us but it's still our opinion, nothing else. Pollock's equations are part of an as yet unproven theory, so they are as relevant as my gut is until proven right or wrong.


Your point? The theory of relativity was also just a theory when it was introduced in the 1910s. Good thing it wasn't dismissed offhand, huh?
That model is the closest thing we have to scientific backing telling us that long copyright is bad for society. Assuming it's wrong is the pro-copyright lobbyists' job.

I am honestly annoyed that this thread is being hijacked. I don't care if your gut tells you 5+5 is best, or worse yet, that 5+5 is good enough because you "don't care". This thread is for brainstorming about possible alternatives, it was never meant to be an opportunity for those who have already made up their minds and want to push their beliefs on others.
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Re: 5+5 year copyright terms questioned

Postby rancidpunk » Fri Jan 29, 2010 1:03 am

I think both theories of relativity still remain theories, hence the name. I'm pretty sure they are unprovable and only their consequences can be observed but I'm not a physicist so I could be wrong.

Anyway, on with the fun. I am not saying that his theory is wrong and you are right to bring it to our attention especially since our 5 + 5 seems to be plucked from the air.

We did discuss it at length on the forums before we voted on it and at some point we have to trust our judgement as a party and as individuals.

Our membership is made up of people who feel so strongly about the subject of copyright that they are prepared to be political activists in the Pirate Party and as such we have a range of opinions, from getting rid of copyright altogether at one end of the spectrum and 25 years or more at the other. What we are asking for seems outrageous to some but it would be a poor revolutionary, digital or otherwise, who asked for anything short of complete change and still expected people to follow them.

Perhaps we will end up negotiating for 15 years at some stage on the road to getting our aims and ideals realised. It would be a battle won on the way to winning the war, I admit, but to have that as our ultimate goal would make the whole party pointless as a means to reining in the profiteering monopoly that the present system of copyright provides for.

I hope you can see what I mean and appreciate that I am not trying to hijack your thread, merely trying to make the point that our passion as a party and our aspirations to protect the people of the UK from continued exploitation in the name of profit cannot be measured purely by numbers or theories.
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Re: 5+5 year copyright terms questioned

Postby samgower » Fri Jan 29, 2010 1:45 am

rancidpunk wrote:Perhaps we will end up negotiating for 15 years at some stage on the road to getting our aims and ideals realised.

We're not talking about reducing copyright to 15 years rather than 5 or 10, we're talking about an entirely different concept of how to deal with the problem. You just seem to be constantly saying, "the party already decided this, so we don't need to consider anything else." I don't know about you, but I haven't seen the idea that cc brought up being discussed at all before, and even if it was, we certainly didn't have the opportunity to vote on it. To jog your memory, it was this:

cc wrote:On a similar line of reasoning, it might perhaps be appropriate for the government to "rent out" copyrights for a fee (say, on a yearly basis), which increases with every renewal. The rights holders will then need to decide for every renewal whether they stand to make a profit or loss. What do you think?


Then I suggested this:

samgower wrote:Yes, I like this idea better. Perhaps we could go with Larry Lessig's copyright register idea. So everyone gets a free, standard length copyright of 5 (10?) years, and then every year afterwards the author must register his/her work for it to remain copyrighted, each year the cost of registering increasing. Essentially, it would be a sort of indirect tax: if you want to hold on to your copyright, good for you, but you're going to have to pay for the privilege.


This way of doing things would "rein in the profiteering monopoly that the present system of copyright provides for," as you put it, but would also generate large amounts of tax revenue for government and persuade rather than force copyright holders to put their work in the public domain. Politically, socially and economically, this is probably the most defensible way of achieving our aims that we've come up with so far. But unless you actually say why you don't like this alternative, we simply aren't going to get anywhere.
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Re: 5+5 year copyright terms questioned

Postby simonclifford » Fri Jan 29, 2010 2:18 am

I think CC's point about fees are valid but it is not necessary for us to set the fees in stone. The process of legislation can sort out the detail, but we are a long way from that.

The principal is 10+5 is enough to campaign on opposed to what is it now life + 70 or 100.
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Re: 5+5 year copyright terms questioned

Postby rancidpunk » Fri Jan 29, 2010 9:47 am

@cc

Can I ask if you are pushing for a new vote on our policy on copyright because of this theory you have brought to our attention?
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Re: 5+5 year copyright terms questioned

Postby glambert » Fri Jan 29, 2010 8:09 pm

If a system was introduced where it would cost a percentage of profits to be able to extend copyright - which I like the idea of - where would you want the money to go to?
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Re: 5+5 year copyright terms questioned

Postby samgower » Sat Jan 30, 2010 12:54 am

glambert wrote:If a system was introduced where it would cost a percentage of profits to be able to extend copyright - which I like the idea of - where would you want the money to go to?

Whatever the government needs it for, really, just like regular taxes. Might be handy in paying off our country's massive debt, for one thing.
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Re: 5+5 year copyright terms questioned

Postby cc » Sat Jan 30, 2010 1:59 am

rancidpunk wrote:Can I ask if you are pushing for a new vote on our policy on copyright because of this theory you have brought to our attention?

cc wrote:I believe this is not something to be decided using a poll. This needs careful deliberation by a small group of people who will find a solution that takes all the angles into account and tries to examine all the possible ramifications of the choices being made.

I'm not asking for another poll, nor do I think one would be appropriate. I want people to ARGUE about their suggestions on this matter so we can decide on this through due process -- this is a rather delicate subject.


Let me make a little note here: I'm not pushing for my ideas to be taken up. I want to help find the best possible solution. That means, I want us to generate more ideas and see if we can come up with anything better/more sound than we currently have.
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Re: 5+5 year copyright terms questioned

Postby epriezka » Sat Jan 30, 2010 9:16 am

cc wrote:Let me make a little note here: I'm not pushing for my ideas to be taken up. I want to help find the best possible solution. That means, I want us to generate more ideas and see if we can come up with anything better/more sound than we currently have.


I'm glad that you want to help, but I'd like to make an observation about procedure and how it relates to internet forums. Internet forums are good at encouraging new and spontaneous debate. They're not good at retaining and building on debate that has happened before. I interpret some of the frustration in the posts expressed above as relating to the fact that this thread encourages more/new ideas - but does it capture the debate that went before? Does it identify all the ideas that have already been put forward? I don't think so. That's not an insult, just an observation.

A suggestion: the policy working groups seem to have gone into hibernation. We need to start embedding these debates in those groups, in order to retain some memory. Otherwise we're like a bunch of amnesiacs, always debating points as if no ideas or information had been considered before. John Barron is now too busy with his job of Nominating Officer to run the copyright and patent policy working group, but if we're going to continue to have debates like this, and for them to more than disjointed streams of consciousness that will never amount to anything, we need more structure to the debate than simply banging ideas around on a forum thread. For those of you that really feel passionate about this topic, I suggest you contact John, resurrect the policy working group and start using the wiki to methodically document options. This includes recording the policy options that have been debated before. That is better than relying solely on the forums, which are an inappropriate tool for anything more than loose and spontaneous chit-chat.

As for the status of the policy working groups, we need to focus on having a single manifesto, so debate needs to be curtailed at some point so we can release a version of our policy for the election. But version 1.0 of the policy won't be the last version, and that doesn't mean we can't do some of the development for the next version in parallel, so long as everyone understands that we're not going to be debating our current policy up to the last minute before the election is called.
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Re: 5+5 year copyright terms questioned

Postby cc » Sat Jan 30, 2010 12:28 pm

epriezka wrote:I'm glad that you want to help, but I'd like to make an observation about procedure and how it relates to internet forums. Internet forums are good at encouraging new and spontaneous debate. They're not good at retaining and building on debate that has happened before. I interpret some of the frustration in the posts expressed above as relating to the fact that this thread encourages more/new ideas - but does it capture the debate that went before? Does it identify all the ideas that have already been put forward? I don't think so. That's not an insult, just an observation.

I was assuming that most people on these forums were part of the debate that went before, or have taken the time to read the wiki and older posts to get up to speed. What annoyed me was that while this thread was headed in a direction that hasn't been explored before, some people joined the debate late and, without even making the effort to understand what the thread was about (they just read the title), unwittingly derailed the conversation by trying to defend 5+5.

While I know that this is how internet forums usually work, I think in our case we need to have some ground rules about when to post in an existing thread, and when to start a new one (and perhaps post a link in the existing thread). I wish we had a way of structuring conversations into a tree instead of using separate threads like this, so topics can offshoot from other lines of conversation, but not interfere with each other.

epriezka wrote:A suggestion: the policy working groups seem to have gone into hibernation. We need to start embedding these debates in those groups, in order to retain some memory. Otherwise we're like a bunch of amnesiacs, always debating points as if no ideas or information had been considered before. John Barron is now too busy with his job of Nominating Officer to run the copyright and patent policy working group, but if we're going to continue to have debates like this, and for them to more than disjointed streams of consciousness that will never amount to anything, we need more structure to the debate than simply banging ideas around on a forum thread. For those of you that really feel passionate about this topic, I suggest you contact John, resurrect the policy working group and start using the wiki to methodically document options. This includes recording the policy options that have been debated before. That is better than relying solely on the forums, which are an inappropriate tool for anything more than loose and spontaneous chit-chat.

As for the status of the policy working groups, we need to focus on having a single manifesto, so debate needs to be curtailed at some point so we can release a version of our policy for the election. But version 1.0 of the policy won't be the last version, and that doesn't mean we can't do some of the development for the next version in parallel, so long as everyone understands that we're not going to be debating our current policy up to the last minute before the election is called.

I hear what you're saying, but I don't want to resurrect the policy working groups at this point, as I know the "process" they require would bog down any brainstorming and decision-making we try to do. There are very few members active on the forums right now, and I think we can rely on our collective memory and personal notes for keeping track of what is being said. If we can keep the pace up and individual members try to pay attention, I believe we'll be able to reach a consensus fairly quickly -- after all, each one here is a real, intelligent person behind the keyboard. When we've pretty much decided on a policy that we have good reason to believe is workable and credible, we can proceed to flower it up and write it down neatly.

It's different, but better than doing nothing.
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