| Saturday,
July 29, 2000 I see the courts have decided to let Napster
continue, while the Napster fans frantically download hundreds (each) of
other people's property. I suspect the results may not be as much fun as
the "information wants to be free" outfits think. The
analogy to movies and tapes is not all that good, what with CD burners and
MP3 players, because it's pretty hard to distinguish a pirated song from
an authorized one from the performance quality. Books remain books,
and that analogy isn't perfect either.
But I fear I don't quite understand the person who says "I paid
for this so I have a right to give copies to anyone I like and to hell
with 'copyright' whatever that is."
One can always find good motives, of course. I once went to lecture to
a class: the teacher had Xeroxed a copy of one of my shorter works and
given a copy to each in the class. Xerox costs in those days were several
cents a page, meaning that each of those copies cost the school more than
would a copy of the anthology the story was in; but of course the teacher
had access to a free Xerox and no budget for copies. I lost, what,
30 x 20 cents royalty or maybe 6 bucks so I didn't say anything, although
perhaps I should have: it's not the money. On the other hand, think
of it as free advertising, I suppose: perhaps some of those students not
only bought the anthology but became lifelong fans. It happens.
So these questions are complicated, and the most intelligent discussion
of it I have seen yet comes from the Metallica people, (not sure where)
who want control over what is done with their work. Napster arguably does
some good for beginners, but the fact is that 95% of the Napster downloads
are of material from outfits like Metallica and other big names, all
copyrighted material; Napster knows this; and to argue that they should
not have to take off copyrighted material because that would put them out
of business is unconscionable. Their business is piracy, without piracy
they would have no business, they know this, their customers know this,
and presumably the courts know this. So the Napster aficionados are
bragging about frantically downloading other people's property while they
can. A feeding frenzy.
One wonders how long a Republic whose youth do not understand the
concepts of property -- worse, demand a RIGHT to other people's works
without permission -- worse, demand that the government protect their
right to other people's property -- will remain a republic. Historically,
not too long. Republics are delicate things, really, and required a fairly
virtuous people. Self government is never easy, and always requires self
restraint. When a people become as wolves are, roaming the hills with
nothing but capability separating their actions from their appetites, they
will find they cannot sustain a republic.
John Stuart Mill said of such people that they would be fortunate to
find themselves a Charlemagne or an Akbar. More likely Commodus. Or,
well, uh, Emperors often have odd sexual appetites. Power does that. As
Joseph Conrad knew. See Heart of Darkness...
Perhaps I am merely in a bad mood this morning, and making far more of
this than it deserves. It's only a bunch of songs, none of which I listen
to anyway.
I am reminded that all is not well in other quarters:
I'm sure someone has probably pointed you at the Courtney Love speech
by
now, but just in case:
http://www.salon.com/tech/feature/2000/06/14/love/index.html
I found it very interesting, coming from someone in the middle of it
all.
Drake Christensen
A surprisingly articulate Courtney Love rails against the
recording industry, and particularly against their lobbying effort. (I say
surprisingly not as insult but as a statement of fact: I suppose I don't
expect rock recording artists to be articulate. Probably a failure on my
part.) If
things there are as she says -- all their works are 'works for hire' and
not protected by artist copyrights -- then the situation is grim indeed.
But I don't see how handing off her works from person to person for free
does her any good either.
It may be that between changed laws, Napster, and the other new
technologies, there won't BE any money in recording for artists, and it
will all be in concert tickets; again that won't change my life much. I
certainly have no intention of attacking or defending the recording industry, about
which I know nothing. I leave to that to Prince (formerly "the artist
formerly known as Prince") and Metallica and Courtney Love, none of
whom I've ever heard, but then I am a former president of Science Fiction
Writers of America and I went to Congress to defend rights for people I
had never read (as well as my own, of course). The Authors Guild and
various outfits like SFWA seem to have done a far better job of protecting
legal rights than has Courtney Love and her companions and colleagues,
although they make, or are said to make, far more money than most of us
writers.
I know I had to teach the Mystery Writers of America how to set up a
Grievance Committee, and how to force audits of publishers account books (SFWA
did some of the first audits in the fiction business when I was President
and thereafter). Perhaps the musical artists ought to form a guild (or if
they have one, pay more attention to it) and particularly make sure they
have people in Washington.
The Imperial City is for sale, of course, and much of what it does --
such as convert artist work into works for hire at the stroke of a pen at
midnight -- Love tells the story in her account -- has drastic effects on
people. But then eternal vigilance is the price of more than
liberty, and those who do not and will not govern themselves will find
themselves governed by those who like minding other people's business --
and who are often for sale. I don't like having to pay guilds and
associations to watch out for my interests in Washington, but I have no
choice; neither do Metallica and Courtney Love.
Publishers have tended to be the class enemy for writers, and
apparently music publishers have much the same relationship with artists.
Writers are fortunate in that we don't need much in the way of equipment
to produce what we do; until recently that hadn't been the case with
recording artists, although now, with PC controlled digital recorders and
such like, apparently it is possible to produce professional quality work
in a garage on equipment affordable by not particularly wealthy
individuals. It's still more expensive than a simple word processor, but
then it doesn't take a year and more to do a song for recording, so I
suppose some of that is a wash.
Understand: I don't pretend to understand the recording industry or
marketing. But I do have a common interest with creative artists of
all kinds (probably more with the song writers than the performers, but
often those are the same people); and I do have an interest in not seeing
the youth of the nation converted to the notion that they have a right to
everyone's work, and artists have no right to control what they
produce.
I am sure there will be much commentary in mail. For the Metallica view
of the situation see mail.
There is much more there.
Internet
Fight Brewing Over 'Spam'
http://dailynews.yahoo.com/h/ap/20000728/tc/spam_fight_2.html
tells the story of how yesmail is 'fighting back'. These are the buzzards
who keep me on their damned mailing lists despite all attempts to get off,
and who say spammers have a right to spam, and it's free speech. I am
with Eric Pobirs on this: until something physical and unpleasant begins to
happen to spammers, they will continue to waste our time forever. The
first unpleasant effect need not involve amputation. Repeated offenses ought
to invoke the law of the Koran.
Brroks Clark says: FYI - You were mentioning problems at Amazon. Seems
like you are not the only one.
http://www.msnbc.com/news/438107.asp
Actually, I am not all that angry. More a bit
miffed. But thanks.
Dear Jerry: Illiad of UserFriendly fame http://www.userfriendly.org
goes along with Eric Pobirs in a more draconian approach to spam. Friday's
cartoon:
http://ars.userfriendly.org/cartoons/?id=20000728
hit a hot button with a lot of readers. That
stuff drives me crazy too. --Jerry jwright@rocket.com
Yep. I like his stuff. Pity we can't DO that...
For fun with international symbols, visit http://www.symbolman.com/
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