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	<title>Comments on: Record Industry: Screw Court, We&#8217;ll Just Cut Your Internet</title>
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		<title>By: Hmmm</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1770237</link>
		<dc:creator>Hmmm</dc:creator>
		<pubDate>Tue, 23 Dec 2008 09:29:32 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1770237</guid>
		<description>&lt;p&gt;Faulty parallelism, let’s explore some of the reasons why:.&lt;/p&gt;
&lt;p&gt;1. Music downloaders don’t ask creators to make new work for them.&lt;br /&gt;
2. As Natasha Chart points out @36, trying something out does not consume it.&lt;br /&gt;
3. Clothing is physical and if Vera Wang makes some, whether customize for you or not, and you then take it from her without paying, then she no longer has it; therefore she has an actual loss.  By contrast, digital music files are not physical and when a music downloader obtains a copy, there is no reduction in the retail supply of copies.&lt;br /&gt;
4. Not every music download displaces a sale, in practice very very few do.&lt;br /&gt;
5. In the case of major labels, almost no commercial recordings make back their royalty advances, most records lose money.  All profit comes from a very small percentage of releases succeeding as hits.  As a result, the creator does not receive any less money in the unlikely event that an actual sale is displaced by a given download.  The label just loses more money than it was already losing, is all.&lt;br /&gt;
6. Try-before-you-buy is not unusual in recorded music, in the past this was called “radio” and “mix tapes”.&lt;/p&gt;
&lt;p&gt;Hope that helps explain a little.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Faulty parallelism, let’s explore some of the reasons why:.</p>
<p>1. Music downloaders don’t ask creators to make new work for them.<br />
2. As Natasha Chart points out @36, trying something out does not consume it.<br />
3. Clothing is physical and if Vera Wang makes some, whether customize for you or not, and you then take it from her without paying, then she no longer has it; therefore she has an actual loss.  By contrast, digital music files are not physical and when a music downloader obtains a copy, there is no reduction in the retail supply of copies.<br />
4. Not every music download displaces a sale, in practice very very few do.<br />
5. In the case of major labels, almost no commercial recordings make back their royalty advances, most records lose money.  All profit comes from a very small percentage of releases succeeding as hits.  As a result, the creator does not receive any less money in the unlikely event that an actual sale is displaced by a given download.  The label just loses more money than it was already losing, is all.<br />
6. Try-before-you-buy is not unusual in recorded music, in the past this was called “radio” and “mix tapes”.</p>
<p>Hope that helps explain a little.</p>
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		<title>By: Natasha Chart</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1770138</link>
		<dc:creator>Natasha Chart</dc:creator>
		<pubDate>Tue, 23 Dec 2008 06:24:12 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1770138</guid>
		<description>&lt;p&gt;@36 That’s ridiculous. You actually can try on clothes before you buy them, you know. You can walk around the store in them, see them in the full length mirror, twist in them in the dressing room to make sure they don’t ride up funny when you sit down or bend over.&lt;/p&gt;
&lt;p&gt;Unless you’re going to argue that it’s wrong to listen to songs on radio stations you can tune into for free, you’re making a ludicrous argument. Unfortunately, DJs don’t explore all artists and albums equally, and the corporatized stations mainly seem to ensure that those artists in whom much has been invested will pay off. People need to try before they buy, even food vendors introducing new or unusual products know it.&lt;/p&gt;
&lt;p&gt;And the artists get paid jack compared to the record company profits off CDs whose manufacturing costs are counted in pennies.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>@36 That’s ridiculous. You actually can try on clothes before you buy them, you know. You can walk around the store in them, see them in the full length mirror, twist in them in the dressing room to make sure they don’t ride up funny when you sit down or bend over.</p>
<p>Unless you’re going to argue that it’s wrong to listen to songs on radio stations you can tune into for free, you’re making a ludicrous argument. Unfortunately, DJs don’t explore all artists and albums equally, and the corporatized stations mainly seem to ensure that those artists in whom much has been invested will pay off. People need to try before they buy, even food vendors introducing new or unusual products know it.</p>
<p>And the artists get paid jack compared to the record company profits off CDs whose manufacturing costs are counted in pennies.</p>
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		<title>By: zapkitty</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1770030</link>
		<dc:creator>zapkitty</dc:creator>
		<pubDate>Tue, 23 Dec 2008 04:47:06 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1770030</guid>
		<description>&lt;p&gt;Actually, as Ian said and I repeated, it’s about the megacorp’s lawyers assuming the power of judge, jury, and executioner regardless of whether the accused is actually innocent or not.&lt;/p&gt;
&lt;p&gt;I just gave some broader background :)&lt;/p&gt;
&lt;p&gt;The fact it’s &lt;em&gt;also&lt;/em&gt; about the megacorp’s using congress to pass nonsense laws legislating the continued existence of failed business models and that it’s &lt;em&gt;also&lt;/em&gt; about the megacorps using the existence of those laws to harm demonstrably innocent people… those facts and quite a few others are just additional features of the megacorps’ doomed attempts to control and contain the digital age.&lt;/p&gt;
&lt;p&gt;But are you saying that the lack of restraint and the repeated failures of the RIAA et al even under the eyes of the courts gives you no worries at all about the megacorp lawyers directly dictating your ISP access unfettered by &lt;strong&gt;any&lt;/strong&gt; legal oversight?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Actually, as Ian said and I repeated, it’s about the megacorp’s lawyers assuming the power of judge, jury, and executioner regardless of whether the accused is actually innocent or not.</p>
<p>I just gave some broader background :)</p>
<p>The fact it’s <em>also</em> about the megacorp’s using congress to pass nonsense laws legislating the continued existence of failed business models and that it’s <em>also</em> about the megacorps using the existence of those laws to harm demonstrably innocent people… those facts and quite a few others are just additional features of the megacorps’ doomed attempts to control and contain the digital age.</p>
<p>But are you saying that the lack of restraint and the repeated failures of the RIAA et al even under the eyes of the courts gives you no worries at all about the megacorp lawyers directly dictating your ISP access unfettered by <strong>any</strong> legal oversight?</p>
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		<title>By: LindaR</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769987</link>
		<dc:creator>LindaR</dc:creator>
		<pubDate>Tue, 23 Dec 2008 04:17:06 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769987</guid>
		<description>&lt;p&gt;I want Vera Wang to design a wardrobe for me.  I want to wear it for a while, see if I like it.  Then I might buy one or two of the better pieces.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I want Vera Wang to design a wardrobe for me.  I want to wear it for a while, see if I like it.  Then I might buy one or two of the better pieces.</p>
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		<title>By: LindaR</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769981</link>
		<dc:creator>LindaR</dc:creator>
		<pubDate>Tue, 23 Dec 2008 04:15:04 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769981</guid>
		<description>&lt;p&gt;I see.&lt;/p&gt;
&lt;p&gt;So people want their Mickey Mouse cartoons.  It’s not about downloading the latest songs and movies they like.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I see.</p>
<p>So people want their Mickey Mouse cartoons.  It’s not about downloading the latest songs and movies they like.</p>
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		<title>By: Phoenix Woman</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769953</link>
		<dc:creator>Phoenix Woman</dc:creator>
		<pubDate>Tue, 23 Dec 2008 04:07:18 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769953</guid>
		<description>&lt;p&gt;I bought more CDs during the brief life of the first iteration of Napster than I have before or since.  Why?  Because I could try before I bought.  I go by the three-song rule:  A CD has to have three really good songs on it (or one really REALLY good, can’t-live-without song on it) before I will plunk down $15 for it.  I’d been stuck in the 1980s musically and was bringing myself into the mid-90s via Napster — I’d bought Dandy Warhols, Luscious Jackson, and Nirvana CDs because I was able to try them out on Napster first.  &lt;/p&gt;
&lt;p&gt;And then Napster was taken away, and I can count on the fingers of one hand the number of major-label CDs I’ve bought since then.  All the CDs I’ve bought in the past few years have been indie labels or the artists’ own releases.  Way to go, RIAA!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I bought more CDs during the brief life of the first iteration of Napster than I have before or since.  Why?  Because I could try before I bought.  I go by the three-song rule:  A CD has to have three really good songs on it (or one really REALLY good, can’t-live-without song on it) before I will plunk down $15 for it.  I’d been stuck in the 1980s musically and was bringing myself into the mid-90s via Napster — I’d bought Dandy Warhols, Luscious Jackson, and Nirvana CDs because I was able to try them out on Napster first.  </p>
<p>And then Napster was taken away, and I can count on the fingers of one hand the number of major-label CDs I’ve bought since then.  All the CDs I’ve bought in the past few years have been indie labels or the artists’ own releases.  Way to go, RIAA!</p>
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		<title>By: zapkitty</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769915</link>
		<dc:creator>zapkitty</dc:creator>
		<pubDate>Tue, 23 Dec 2008 03:22:55 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769915</guid>
		<description>&lt;p&gt;That should have read&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Digital Millennium Eternal Copyright and Instant Death to Purported Infringers Act
&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Hmmm… have to go to an external editor for comments here…&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>That should have read</p>
<blockquote><p>Digital Millennium Eternal Copyright and Instant Death to Purported Infringers Act
</p>
</blockquote>
<p>Hmmm… have to go to an external editor for comments here…</p>
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		<title>By: zapkitty</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769912</link>
		<dc:creator>zapkitty</dc:creator>
		<pubDate>Tue, 23 Dec 2008 03:19:50 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769912</guid>
		<description>&lt;p&gt;LindaR asked&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;&lt;em&gt;“I’m not understanding this. Is the idea that it’s a drag that people object to their creative works being stolen?”&lt;/em&gt;&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Nah, it’s the backlash from the literally cancerous growth of copyright terms for the sole benefit of the megacorps, the RIAA et al going completely nuts over the existence of the internet and bribing Congress to pass such overweening laws such as the damnable Digital Millennium Eternal Copyright and Instant Death to Purorted Infringers Act… and above all else the eternal stupidity of non-techs trying to design laws that govern tech… laws that don’t work, can’t work, that harm innocent people, that waste time and money and &lt;strong&gt;still&lt;/strong&gt; don’t work.  &lt;/p&gt;
&lt;p&gt;There’s a &lt;em&gt;lot&lt;/em&gt; of pushback on those points alone.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>LindaR asked</p>
<blockquote><p><em>“I’m not understanding this. Is the idea that it’s a drag that people object to their creative works being stolen?”</em></p>
</blockquote>
<p>Nah, it’s the backlash from the literally cancerous growth of copyright terms for the sole benefit of the megacorps, the RIAA et al going completely nuts over the existence of the internet and bribing Congress to pass such overweening laws such as the damnable Digital Millennium Eternal Copyright and Instant Death to Purorted Infringers Act… and above all else the eternal stupidity of non-techs trying to design laws that govern tech… laws that don’t work, can’t work, that harm innocent people, that waste time and money and <strong>still</strong> don’t work.  </p>
<p>There’s a <em>lot</em> of pushback on those points alone.</p>
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		<title>By: Novista</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769887</link>
		<dc:creator>Novista</dc:creator>
		<pubDate>Tue, 23 Dec 2008 02:58:41 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769887</guid>
		<description>&lt;p&gt;Slight OT but an example of the broken distribution system:&lt;/p&gt;
&lt;p&gt;Back in ‘96-7, the television series, “Dark Skies” which was similar to X-Files, but without the distraction of other threads. It kept its focus on the UFO conspiracy. Heh.&lt;/p&gt;
&lt;p&gt;Like many others, I never taped it at the time. Grrrr. Well, it developed a cult following, and fans clamoured for years about a DVD release. Finally, Sony was ‘gonna’ do it. Creator Bryce Zabel told them the background music rights would be a problem — he knew as it’d cost him a lot for the one-time rights. But big ol’ Sony knew better, and even announced a release date. That never happened. They ran into the ‘jeebus, this will cost us more than we can make!’&lt;/p&gt;
&lt;p&gt;So they licensed the DVD project to some other outfit, IIRC, in U.K. Same promises, same outcome redux.&lt;/p&gt;
&lt;p&gt;Well, two weeks ago, I did another google and lo! some U.S. site had ‘high-res remastered from original film DVDs.’ Uh huh. I took the gamble, secure site, confirmation of order, confirmation of shipping (10-14 business days to the land of oz.) Parcel arrived yesterday, had to sign for it at the post orfice. Interesting package from China post …&lt;/p&gt;
&lt;p&gt;Now, I haven’t loaded up a DVD yet, in the midst of finishing off another series. But the internal packaging was a VHS container, albeit with a cover, and back with series description in proper English. Inside were 5 DVDs, each in a protective soft envelope. It’ll be interesting to see the audio and video quality …&lt;/p&gt;
&lt;p&gt;Obviously, this is a pirate product — if they did generate from original film, one wonders where/how that came about?&lt;/p&gt;
&lt;p&gt;The bottom line is: Sony got 100% of nothing when they could have listened to Zabel. What he licensed for the series was the top songs of the years covered — and he had an alternate playlist that would have worked nearly as well and cost far less. But the suits knew best. Right.&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.imdb.com/name/nm0007233/bio&quot; rel=&quot;nofollow&quot;&gt;Zabel bio on imdb&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Slight OT but an example of the broken distribution system:</p>
<p>Back in ‘96-7, the television series, “Dark Skies” which was similar to X-Files, but without the distraction of other threads. It kept its focus on the UFO conspiracy. Heh.</p>
<p>Like many others, I never taped it at the time. Grrrr. Well, it developed a cult following, and fans clamoured for years about a DVD release. Finally, Sony was ‘gonna’ do it. Creator Bryce Zabel told them the background music rights would be a problem — he knew as it’d cost him a lot for the one-time rights. But big ol’ Sony knew better, and even announced a release date. That never happened. They ran into the ‘jeebus, this will cost us more than we can make!’</p>
<p>So they licensed the DVD project to some other outfit, IIRC, in U.K. Same promises, same outcome redux.</p>
<p>Well, two weeks ago, I did another google and lo! some U.S. site had ‘high-res remastered from original film DVDs.’ Uh huh. I took the gamble, secure site, confirmation of order, confirmation of shipping (10-14 business days to the land of oz.) Parcel arrived yesterday, had to sign for it at the post orfice. Interesting package from China post …</p>
<p>Now, I haven’t loaded up a DVD yet, in the midst of finishing off another series. But the internal packaging was a VHS container, albeit with a cover, and back with series description in proper English. Inside were 5 DVDs, each in a protective soft envelope. It’ll be interesting to see the audio and video quality …</p>
<p>Obviously, this is a pirate product — if they did generate from original film, one wonders where/how that came about?</p>
<p>The bottom line is: Sony got 100% of nothing when they could have listened to Zabel. What he licensed for the series was the top songs of the years covered — and he had an alternate playlist that would have worked nearly as well and cost far less. But the suits knew best. Right.</p>
<p><a href="http://www.imdb.com/name/nm0007233/bio" rel="nofollow">Zabel bio on imdb</a></p>
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		<title>By: LindaR</title>
		<link>http://firedoglake.com/2008/12/22/record-industry-screw-court-well-just-cut-your-internet/#comment-1769885</link>
		<dc:creator>LindaR</dc:creator>
		<pubDate>Tue, 23 Dec 2008 02:57:27 +0000</pubDate>
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		<description>&lt;p&gt;I’m not understanding this.  Is the idea that it’s a drag that people object to their creative works being stolen?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I’m not understanding this.  Is the idea that it’s a drag that people object to their creative works being stolen?</p>
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