Disclaimer: I have not read this thread in its entirety. It's ironic that you use the legal colloquialism of "asked and answered" and then differentiated between creation and publication. Copyright law does not require publication in order to attain protection.
bring up pot legalization or separation of church and state and we will entertain you by agreeing. i told these dudes twice, but it wont take: selective listening in the anti-martin camp. i have been trying to make a point that is appears to be arbitrary what sort of intellectual property is protected. well, i shouldnt say arbitrary, rather, what is protected is dictated by how powerful the lobby is, as well as how hard historically it has been to protect the information. information that is easily copied, by memory or whatever, isnt protected, even though the creator is no less deserving, merely because it just isnt feasible to enforce copyright. for instance, jokes, poems, even dance. you can pretty much rip these off as much as you want, and i think the only reason for this is that they require less technology to copy and distribute. of course there historically has been a technological barrier, and we could not easily exchange huge music files the way we could exchange a joke or poem. but now we can compress them into an mp3 one tenth of the original file size, and shoot them around the internet in seconds. and i think the fact that red would ignore my hypothetical writer who doesnt want his books loaned out in public libraries proves that the rights of the creator are not absolute. if it benefits us, we will distribute information, without considering the wishes of the creator. also i think any honest person will admit they have no qualms about giving away recipes to anyone who asks, even if the recipe is from a copyrighted book. also i think my example of recipes demonstrates that even if we freely distribute information, the information will still be produced. pretty much everyone is willing to share all the recipes they own, whether they created them or not, and yet new recipes are still being created, and recipe books still sell. a sort of peripheral point i like to make is that the production cost of information, even movies, is becoming so much cheaper . i think sthe next Scorsese is in his parents basement patching together a masterpiece right now on his mac for a total cost of 300$. and this movie will be no worse than a 200 million dollar tom cruise suckfest. so i dont think the changing revenue models of the future will prevent artists from making stuff we will like. i dont think quality art needs lots of money to make.
OK, there were two polemics sitting in a bar . . . po·lem·ic -noun. A person inclined to controversy, argument, or refutation.
very good points. once you set your earlier trap it was clear its very arbitrary yet i also know its like that even with any industry like online gambling and just about anything else when possible. congress couldnt make overseas betting illegal so they find ways to circumvent it to get their share of the pie they do not deserve. they do the same in a more direct way with recording media. whatever they can control, they do. whatever they can't, they overlook until technology allows them to do so or create ways when its feasible despite the hypocrisy. however, time is working against them here obviously and will eventually surpass them and has. yet, dont get your hopes up as they have ways of getting their nasty mitts in the mix always. eventually they will start governing/controlling the internet. when this happens it will be a sad day for the world.
If you had, you would have understood the context. martin tends to repeat the same arguments over and over as if this somehow wins an argument. I tire of this foolishness. You have bit on martin's smokescreen, amigo. This issue not in dispute. The issue at question is whether stealing copyrighted work should be illegal or not. My point, that you objected to, was that because a work is legally copyrighted at creation means that the author can give it away if he chooses or he can defend his copyright. If he publishes it, the publisher will certainly defend the copyright. martin maintains that he, the pirate, can decide for himself that the copyrighted product is free. I personally own the rights as author or publisher to several dozen copyrighted works. I created several dozen more copyrighted works that LSU published and holds the intellectual property rights to. Another dozen or so publishers own rights to my works that are included in their publications. I give permission to use excerpts from my work freely to researchers, students, and the occasional reporter. I defend my copyrights from commercial interests, thieves, and pirates. I regularly request permission from other copyright holders to use excerpts of their work. Simply stealing other people's intellectual property is not only thievery, but often plagiarism as well.
Already answered. Copyright law has been around for centuries and is based on many precedents. There is nothing arbitrary about it. Already answered. Memory is not a copy. You have offered nothing to document this absurd claim. Already answered. This is a fundamental ignorance of what the public domain is and what fair use is. You can't keep ignoring these factors that punch holes in your argument. Yes, it is much easier for cyber criminals to steal. Already answered. No one argues that the rights are absolute, only that they are there and the lines are clearly drawn. You are making hypothetical objections and ignoring the real world again. Already answered. martin want. martin steal. martin justify crime. Already answered. Giving away the recipe is fair use. Making a duplicate of the book is the crime of theft. AT LAST, a new argument, but completely off topic. I agree that electronic distribution should lead to lowered costs. The evidence is there with iTunes selling albums for $9.99 instead of the $17.95 list price of a CD. When someone can effectively compete with iTunes, then prices might even come down further. Already, new artists are selling their albums for 4.99 to attract new listeners. Middleman producers and manufactureres are cut out and can join buggy-whip salesmen in the ranks of the obsolete. But the royalties are paid and no artist is cheated, thus artists and writers can keep creating music to make a living like the rest of us. Everybody is entitled to being compensated for their work.
actually my sirius portable comes with 100 hrs of recording space which you can do then transfer the digital copy to a cd or whatever you like. given its comedy, any sort of music etc, im not sure how this little feature was allowed to bypass the nazis. certainly, its an infringement on the copyright laws yet there it is. nifty little feature. you are making a digital copy legally.
i really think it is just apparent. if you and i start talking about a book we read, we both reference the copy of information about the the book we have in our brains. of course our copy isnt perfect, not even close. but sometimes we do have a pretty good copy. like the copy i have in my head of the guitar tabs for some simple songs i know. i could write them down and get every chord correct. so are you giving away the original? because you just said you cant give away duplicates. or are you saying it is ok to give away a recipe as long as you do not type it up real nice or photocopy it? why does that matter. a recipe is a recipe. the thief just wants to steal the idea. he doesnt care what form it is. and many new artists, and very established artists (prince) give music away for free. they believe it helps advertise. i hate to say michael moore is right, but he is. when he found out sicko was pirated, he loved it. he knows it creates buzz. and sure enough people went to the theater in droves and he gets rich. and with movies, stealing them is just not going to kill profits, not for a long time. the experience of going to the theater is too fun, with the massive screen and bass pounding your face off. we can already steal any movie, and yet we still go to the movies. i could have stolen transformers and watched it on my spectacular plasma. but i didnt, i paid 11 dollars to sit among the other dorks and enjoy the experience. so michael bay gets his paycheck and everyone is happy. maybe if we steal enough movies, and it actualy does kill their profits, it will pressure the industry to make every film in IMAX, which we really cant match at home. that would be awesome.
[Red sighs . . .]Fair use for the seventh time. I said it clearly, you are just very slow. I listed the definition of "duplicate", you are just very stubborn. Sharing recipes is fair use. Photocopying is theft. You understand very well, you are apparently thick as a brick. That is fine because it is their choice. You are advocating the right to steal from those who sell their music. Or did you forget your own thesis in your attempt to distract me. Haven't you told us this story three times now in this thread? You are just boring us!
It is legal for you to make personal copies, even on other media, of music that you own legally. You can make backup CD's or put it on your iPod or make a cassette for the car. It is only illegal to make copies of music that you don't own or to distribute further copies of what you do own.