What should be paid for and what should be free on the Internet?

It isn't one just because you say it is.
No, it's one because the majority of the people I can have a reasonable conversation with also say it is one. They agree with me because for instance the Supreme Court agrees with me. Which will tend to be more convincing than the opinion of Grall for most people.
 
MfA: if copyright is a monopoly what is it a monopoly of?

My textbook definition is that it is a competitive monopoly. Effectively the one provider has monopoly on the one piece of content but that content must also compete against other similar products. So in effect it is a monopoly and at the same time subject to competition.
 
No, it's one because the majority of the people I can have a reasonable conversation with also say it is one. They agree with me because for instance the Supreme Court agrees with me. Which will tend to be more convincing than the opinion of Grall for most people.

Huge asterisk on that court citation there MfA: it's for content broadcast on public (free) airwawaves. It doesn't apply to cable or internet or movies, etc.
 
MfA: if copyright is a monopoly what is it a monopoly of?
A monopoly on copying of the given work.
Are you claiming that a single consumer item can be monopolized even when there are other options competing with it in the same market?
Sure, if they are not completely equivalent (ie. a not commoditized).
Please go read the definition of monopoly and give us an example of why copyright is a monopoly.
How about you broaden your horizons on the use of the word ... start with the Supreme Court decision I linked. Dictionary definitions are rarely relevant in the real world.
 
I already addressed your link. Since when did someone broadcast their software source code freely over public airwaves?

Further, why would any investor even consider media or sofware, etc. if the minute a product is released it is, by your definition, free to all?
 
What's more your case if reproduction for fair use: i.e. you can copy it for yourself - you cannot distribute it.
 
I already addressed your link. Since when did someone broadcast their software source code freely over public airwaves?
No, you merely noted that the judgement is in a context ... which is quite irrelevant to the fact that they literally call copyright a monopoly.

Just one example
"The copyright law, like the patent statutes, makes reward to the owner a secondary consideration. In Fox Film Corp. v. Doyal, 286 U.S. 123, 127 , Chief Justice Hughes spoke as follows respecting the copyright monopoly granted by Congress, `The sole interest of the United States and the primary object in conferring the monopoly lie in the general benefits derived by the public from the labors of authors.' It is said that reward to the author or artist serves to induce release to the public of the products of his creative genius." United States v. Paramount Pictures, Inc., 334 U.S. 131, 158 (1948).

They call copyright (without qualification) a monopoly ... period.

So it's fine and well discussing semantics, but when your definition of monopoly can not encompass copyrights then you can not converse with people using the Supreme Courts definition ... I personally would say your definition is reduced to uselessness by that, but to each his own.
 
Correction, not they, he. And, as I said before, you can call it a monopoly but it is over a single item in a market of millions. George Bush misused many words. Good for him.

The fact is, without copyright or some mechanism to protect content creators, you leave no option but no or far less content or extensive anti-copying technologies.

What do you propose MfA? That all software, music, movies, media of all sorts simply should be free?

By your definition and Houghes', patents are monopolies too...so basically any new innovation should be public domain?
 
What's more your case if reproduction for fair use: i.e. you can copy it for yourself - you cannot distribute it.
I have no "case". I never said there was no moral justification for copyrights. I never said there was a reasonable alternative for copyrights. I merely said that you shouldn't drag capitalism into the discussion and got dragged into a semantic discussion along the way.
 
I have no "case". I never said there was no moral justification for copyrights. I never said there was a reasonable alternative for copyrights. I merely said that you shouldn't drag capitalism into the discussion and got dragged into a semantic discussion along the way.

Supply/demand/free market is a huge part of "what should be paid for" so why wouldn't I drag capitalistic ideas into such a discussion? Because capitalism in reality makes exceptions to its own tenants? That's mighty high-brow, but irrelevant.
 
Because since it doesn't work like a normal good on which the entirety of capitalist theory is build, because it's based on a state enforced monopoly ... and if we stop looking at it as a moral issue there is simply no denying that while copyrights might be beneficial, piracy is as well. Not only the huge GDP benefits it has brought by promoting internet usage and selling hardware, but also the effect it has on pricing in digital distribution. Piracy has as much to do with the iTunes pricing of songs and TV series as Apple. Profits and rewards aren't really the "aim" in capitalism ... margins are supposed to be driven to zero.
 
So in effect what you are saying is that, if some company were capable, they would be fully within their rights to...

Make an exact replica of a Ferarri car's engine, frame, body, and everything else. Badge it as a Ferrari car model of the same type and sell it as a Ferrari without paying anything to Ferrari for doing so?

Replace the Ferrari car with any other product, service, or idea that is sold to the public.

That would in essense be what you are saying.

Virtually everything sold on the market is a monopoly in this case.

Regards,
SB
 
No, it's one because the majority of the people I can have a reasonable conversation with also say it is one.
That's of course an argument based on a fallacy, and besides, when people speak of monopolies - regardless what one supreme court or another may have to say on the matter - they mean something of broader scope and more encompassing than just any one specific work, or even works. Disney may have a "monopoly" on distributing disney movies. But they don't have a monopoly on MOVIES, so calling Disney a monopoly is erroneous.

Which will tend to be more convincing than the opinion of Grall for most people.
There's no reason to take that snide tone with me. If you want a civil discussion you'd do best to remain civil...
 
So in effect what you are saying is that, if some company were capable, they would be fully within their rights to...
From a moral perspective ... no, but the line where a car becomes a true copy instead of a justifiable variation is a blurry one. In reality everything is a slightly changed copy of something after all.

From a "natural rights" perspective ... yes, although they wouldn't be allowed to misrepresent the source.

From an utilitarian perspective ... maybe, whether some IP laws or complete absence of them would be better for wellfare in society is an open question (although it's pretty clear that strict enforcement of current laws is not in the best interest of society).
 
Are you claiming that a single consumer item can be monopolized even when there are other options competing with it in the same market?
Yes, if you are clear on which kind of monopoly we are talking about here.

That argument fails any sniff test. The closest you can get to a real example is something like Windows or MS-Office which have become defacto standards where the options are not generally considered by many companies. Unfortunately, there are options so it is not a monopoly.
There are two different types of monopolies at work in case of ms office. The copyright monopoly granted by law - which should expire in 95 years iirc - and a monopoly in the market of office productivity software acquired through various methods.

The former monopoly would exist even if ms office were to have - say 1% market share vs open office and the like. The former monopoly is allowed solely on the basis of it's time limitation - and further qualified by fair use and first sale rights - and absence of any generally useful alternative mechanism to compensate artists and the like. Attempts were made about a decade ago to curb the latter monopoly, but failed on the whole. The former monopoly is somewhat acceptable. The latter monopoly is harmful for the broader economy.

Individual movies, games or music? Puh-leaze! You have many options.
And each creator has a monopoly on his creation. What you are saying means that there is no monopoly in the market for movie entertainment.

Please go read the definition of monopoly and give us an example of why copyright is a monopoly.
Because if I write this, only I have the right to allow who may or may not quote me, how many times, in which medium, and in what form.;)
 
If you don't care for the movies and wouldn't buy them, why would you download them? I don't think you're close, you've pretty much crossed the line. If you don't want to buy there's a ton of vod systems where you can 'rent', or sub based avenues like netflix. While I agree piracy isn't theft in the truest sense of the word, if you are deriving value from the piracy, you are stealing.

I don't pirate anything anymore (at least when I can find what I want for sale), but I have more than enough money to support that habit now. /shrug

I never said I don't care for the movies but I did say I wouldn't buy them.

Getting value from someone else's piracy is not stealing in the true definition, more like handling stolen goods I would say. But then again the original goods weren't stolen, they were copied and then shared for free. So even that gets watered down.

Like I said originally though, this is a moral judgement call, how far does it sit between murder and just breaking the speed limit. Some good points above.
 
I never said I don't care for the movies but I did say I wouldn't buy them.

So entertainment holds no value to you when it comes to movies? Seems odd that you would bother to watch them at all, you could probably find a better use of your time if that is the case, you shouldn't waste it watching movies.

Getting value from someone else's piracy is not stealing in the true definition, more like handling stolen goods I would say. But then again the original goods weren't stolen, they were copied and then shared for free. So even that gets watered down.

Like I said originally though, this is a moral judgement call, how far does it sit between murder and just breaking the speed limit. Some good points above.

It's ok, its quite apparent you have really loose sense of morals you'll be fine.
 
I wonder how this argument changes when its not downloading movies but watching a stream of a tv show (as opposed to downloading a copy of the tv show) after all a tv show is something given away for free
 
I wonder how this argument changes when its not downloading movies but watching a stream of a tv show (as opposed to downloading a copy of the tv show) after all a tv show is something given away for free

Well ofcourse the idea is that you ''have'' to watch the commercials in between when you watch on tv so some site streaming it for free and not paying anything to the company to be allowed to stream it doesn't really make it different from downloading imo.

It would get much more interresting when you swap movies/series for porn. I bet a lot of people who are against downloading of media don't actually buy their porn hehe.

That said. There should be 2 free things in this world I think. The sun and porn. You know, maybe it should be subsidized? Certainly would be a much better investment of tax money than some of the shit they waste it on currently.
 
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