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If something tangible is stolen as a result of copying, that is an issue of fraud, not IP. 'Potential profits' are not tangible.

The people who put hundreds and thousands of hours into making content aren't the ones who benefit from IP laws. It's the big cartel-ish companies with a zillion lawyers and friends in government who own rights to the IP and pay artists small royalties that rake in all the cash. IP is not necessary for artists and content-producers to make money. This should be fairly obvious by now after the success of the Grateful Dead, the rise of the indie recording industry, free and open source software, etc.

I'm not necessarily arguing that copying content isn't a skeevy thing to do in some circumstances. It's definitely a lot more noble to support an artist. But IP laws inject the state's jurisdiction deep into our private lives, and the result is things like continent-sized firewalls and searching of laptops at borders. In this case the solution to the problem is much, much worse than the problem itself. It doesn't even have to be a problem at all--a smart producer can use copying as an advantage.




"The people who put hundreds and thousands of hours into making content aren't the ones who benefit from IP laws. It's the big cartel-ish companies with a zillion lawyers and friends in government who own rights to the IP and pay artists small royalties that rake in all the cash."

hmm..so who gives the big cartels the rights to their music? that's right...the artists. If the artists are getting scraps and you are illegally copying their stuff and as a result, they lose contracts, it's hurting them in the process.

Copyright infringement is not theft, it's closer to counterfeiting. If it's not stopped, the value will eventually be $0 because people will not be willing to pay for it. see: music, newspapers, books, and eventually movies. Its happening to anything that can be digitized.

"IP is not necessary for artists and content-producers to make money. This should be fairly obvious by now after the success of the Grateful Dead, the rise of the indie recording industry, free and open source software, etc."

Free and open source software is a bad example. OSS uses copyright law to protect it from being used in proprietary software. With no IP laws, most big companies would either create very expensive software (so anyone that buys it would not be willing to share it) or they would all go to service based apps (this is already starting to happen).

The grateful dead has had a following for many decades. What about new artists that want to make a living? Bar gigs don't pay anything, so the only real way to make a living is to sign with a recording company. In some ways, sharing music forces artists to go with a recording company, because they don't have a chance at making a living any other way.

After 10 years of popularized piracy (I know it's been available for much longer than this, but Napster mainstreamed it), the youth of today feels entitled to free things on the Internet and are becoming less and less likely to pay for digital media.

This is the danger of piracy and why all of those industries wanted to stop it.

"It doesn't even have to be a problem at all--a smart producer can use copying as an advantage."

I no longer make applications, only services. So the direct result of piracy is that people that normally would have to pay a one-time fee for my software now have to pay me every month.


"hmm..so who gives the big cartels the rights to their music? that's right...the artists. If the artists are getting scraps and you are illegally copying their stuff and as a result, they lose contracts, it's hurting them in the process."

More artists go with indie studios every year, and for the most part these studios have learned to use copying to their advantage instead of fighting it.

There's never been any definitive research that shows artists lose money from copying, even the big studio artists. The math isn't simple--even if you grant that fewer albums are purchased due to copying, a wider fan base could lead to higher concert and merchandise sales. Of course, this may also mean that copying can increase album sales if it boosts popularity enough through network effect. One copier who likes an album may tell 10 of his friends, 2 of whom buy the album; that is profit directly attributable to copying.

"With no IP laws, most big companies would either create very expensive software (so anyone that buys it would not be willing to share it) or they would all go to service based apps (this is already starting to happen)."

If this is really how it would play out, I don't see the problem. If copying bits makes shrink wrapped software untenable (which I question), then so be it. Business models change all the time. It's not the end of the world.

"The grateful dead has had a following for many decades. What about new artists that want to make a living?"

The Grateful Dead started small like any band. One of the factors that led to their explosive growth was letting people freely distribute recordings of their live shows.

"After 10 years of popularized piracy (I know it's been available for much longer than this, but Napster mainstreamed it), the youth of today feels entitled to free things on the Internet and are becoming less and less likely to pay for digital media."

I see it more as people feeling entitled to communicate and share with each other freely, which is a good thing. I hope the trend continues.

"I no longer make applications, only services. So the direct result of piracy is that people that normally would have to pay a one-time fee for my software now have to pay me every month."

So? You adapted to the circumstances and are still providing the world value and getting paid for it. What's the problem?


I find it odd that you would think piracy was popularized 10 years ago. First off, commercially pirated publication has been popular ever since publication was invented. Pirate editions of books have been widely available for hundreds of years.

Individual copying of music has been popular since home taping became available from the early 60's on. My friends and I had lots of home recorded compact cassettes in the 80s. The youth of that day felt perfectly entitled to tape whatever they wanted. The coming of CD's meant that the first generation tape was perfect with no additional hiss.

Digital copying became popular as soon as home CD-R came along. I remember being amazed when $1.50 blank CD-Rs and $500 burners came along in the mid 90s. I soon had a pile of bit for bit perfect copies. No generational loss, nothing missing but the cover art.

Even if the internet or peer-to-peer had never come into use, there would today be a huge casual piracy scene based on MP3s, FLACs, portable hard drives and burned discs. If the publishing industry somehow manages to stuff the P2P genie back in the bottle, that's where we'll end up.




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