FC: Ukraine parliament snubs U.S.; more debate with Esther Dyson

From: Declan McCullagh (declanat_private)
Date: Fri Jan 11 2002 - 21:02:40 PST

  • Next message: Declan McCullagh: "FC: ALA replies to Politech, says filtering survey is imperfect"

    I should note that I wrote the Subject: line for Esther's post ("CD 
    copyright laws necessary"), and perhaps I took too much liberty. I urge 
    Politechnicals to read what she wrote and not rely on my characterization. 
    Previous messages:
    
    "Esther Dyson replies to RIAA, says CD copyright laws necessary"
    http://www.politechbot.com/p-02989.html
    
    "RIAA replies to John Gilmore on Ukraine: Don't cheer piracy!"
    http://www.politechbot.com/p-02987.html
    
    Thanks, folks, for contributing to this debate.
    
    -Declan
    
    *********
    
    From: "paul music" <pmusicat_private>
    To: "DeClan" <declanat_private>
    Subject: Ukraine MPs Snub CD Piracy Law
    Date: Fri, 11 Jan 2002 21:37:02 -0600
    
    <http://www.themoscowtimes.com/stories/2002/01/11/046.html>http://www.themoscowtimes.com/stories/2002/01/11/046.html 
    
    
    ---
    
       Friday, Jan. 11, 2002. Page 7
        Ukraine MPs Snub CD Piracy Law
    
        KIEV -- Ukraine's attempts to avoid $75 million of U.S. trade
        sanctions suffered a severe blow Thursday after parliament refused to
        debate a law aimed at cracking down on pirated compact discs, which
        could cost Russia's southern neighbor about $470 million a year in
        export revenues.
    
        President Leonid Kuchma and Prime Minister Anatoly Kinakh had this
        week urged deputies to resume debates on the bill to regulate CD
        production but the legislators declined Thursday even to include the
        issue on the session agenda.
    
        "The decision means that we will have to start from anew again. The
        government will have to submit a new draft law and then we will debate
        it again," said Viktor Omelich, head of the parliamentary committee
        for regulations.
    
        [...]
    
    *********
    
    From: seanat_private
    To: <edysonat_private>
    Cc: "Declan McCullagh" <declanat_private>
    Subject: RE: Esther Dyson replies to RIAA, says CD copyright laws necessary
    Date: Fri, 4 Jan 2002 13:52:53 -0500
    
    Esther,
    
    As I am a founder of the data haven company HavenCo, you can probably guess
    how I feel about copyright. However, I respect your intelligence, and have
    agreed with many things you have written in the past - and I am always
    willing to give a fair hearing to other points of view. Would you be willing
    to discuss your thoughts on copyright with me via email so that I might
    clarify my own thoughts on this matter?
    
    If so, let me start be saying that my basic view comes from the idea that
    property claims are a societal mechanism to reduce use of force by making it
    clear to others what we will defend. The extension of property to a pattern
    rather than a physical object defeats this reduction of use of force by
    vastly increasing the number of actual physical things that we will use
    force to defend. The more easily copied a pattern, the closer such a claim
    is to being an infinite one - and requiring infinite resources to defend.
    
    Like yourself, I am a strong supporter of free communications, and
    technological development - but I do not see how you can extend the concept
    of property into the space of ideas without severely curtailing both. As
    communication technology increases, it becomes harder to enforce
    intellectual property laws. We have seen what happens when the executive
    branch of a government is asked to enforce impossible laws - they do not
    give up - they just consume more resources and call for even worse laws.
    Already they have begun to attack the technology rather than its illicit
    use - in an effort to maintain control.
    
    Copyright was semi-enforceable for a brief period of history from the
    invention of the printing press until digital encoding of information.
    Before that period, those who created such information loved to see it
    copied so that they might be well known and remembered. During that period
    it was possible to acquire great wealth by charging large sums for products
    with small marginal costs of production. Now that period has ended.
    
    While I can not predict the solution that a free market would (will?) find,
    the future of a society that chooses to govern the technology that
    replicates information is all too clear to me.
    
    --Sean Hastings
    
    *********
    
    Date: Fri, 04 Jan 2002 16:27:55 -0500
    To: <seanat_private>
    From: Esther Dyson <edysonat_private>
    Subject: RE: Esther Dyson replies to RIAA, says CD copyright laws
       necessary
    Cc: "Declan McCullagh" <declanat_private>
    
    I'd be happy to discuss it by e-mail, so let me start that there's a 
    difference between the concept of copyright - a limited right to a monopoly 
    on creative expression - and the variety of laws that may be used to 
    enforce it.
    
    In the real world, there are a lot of business models that may be more 
    effective than selling copies of things, but that should be up to the 
    copyright-holder to decide.
    
    On the other hand, society needs to find a balance in the laws it creates 
    to make any copyright protection possible, both with reality and with the 
    rights of fair use. But I *do* think copyright protection can have 
    benefits, and I think John (among others) has little idea of the reality of 
    the situation in Ukraine.
    
    I don't think the existence of Osama Bin Laden is an argument against Islam 
    in general, and I'd say the same for people who over-vigorously enforce 
    copyright laws, or who ask for overvigorous laws, vis a vis the notion of 
    copyright in general.  Meanwhile,  what's happening in Ukraine is quite 
    different; the "bad guys" are  (among others) the ones who are *breaking* 
    the copyright laws on a commercial scale.
    
    The world is not black and white, and more than that, colors change in 
    different cultures.
    
    Esther
    
    *********
    
    Date: Fri, 4 Jan 2002 12:38:20 -0800 (PST)
    From: Alexander Moskalyuk <prostoalexat_private>
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    To: JCabreraat_private, declanat_private, gnuat_private
    
    Thank you, Declan and others, for the debate on U.S.
    imposing trade sanctions on Ukraine. There are several
    corrections that I feel obliged to make slight
    corrections to the messages posted by John Gilmore and
    Jano Cabrera.
    
    The political situation in Ukraine is currently such
    that President and Parliament are mostly in fierce
    opposition. Furthermore, the Parliament is right now
    in its last session, with the elections being held in
    the last week of March and election campaign already
    started. Thus Parliament is really cautious about
    passing any legislature, proposed by the President,
    that will create a negative image of parliamentarians,
    and the law on licensing the optical media is one of
    those highly controversial compositions.
    
    Many readers have expressed their surprise to the fact
    that U.S. imposed sanctions on the goods completely
    unrelated to the optical media. The trade sanctions
    make the biggest impact on steel manufacturers, not
    music or software pirates. That does seem strange,
    until one researches the Ukrainian steel industry,
    most of which, if not all, is controlled by current
    President, with his son-in-law being in charge of the
    largest steel manufacturing group. Perhaps U.S.
    deliberately chose steel industry to provide greater
    pressure on Ukrainian President.
    
    Neil Turkewitz's assertion that U.S. was not so much
    interested in the law itself is perhaps some
    misrepresentation of the facts. United States
    postponed the introduction of trade sanctions several
    times, being told that the law is being prepared to
    appear in front of the Parliament. Every time U.S. was
    told that the law is ready, but it's on the waiting
    line, the U.S. postponed the sanctions. When the law
    found no support in Rada, United States introduced the
    sanctions.
    
    It is also very amusing to see RIAA worry about the
    future of Ukraine and stating noble goals about the
    market equality, even though it makes little sense to
    expect revenues from the country where the average
    salary is around $20-50 per month. During the
    discussions with the Ukrainian government the U.S.
    officials made it clear that it's not the situation
    with the Ukrainian market that worried them so much,
    as exporting the media to Western Europe and other
    places. That's where organized crime was syndicated
    and that's where labels suffered their biggest losses.
    
    =====
    Alexander Moskalyuk
    http://www.moskalyuk.com/
    
    *********
    
    Date: Fri, 4 Jan 2002 13:00:24 -0500
    From: "J. Lasser" <jonat_private>
    To: Declan McCullagh <declanat_private>
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    
    In the wise words of Esther Dyson:
    
     > When I began traveling to the Soviet Union in 1989 and after, the naive
     > view was that Microsoft et al. should help the poor Russians/Ukrainians by
     > giving them free or cheap software, but the locals vigorously rejected that
     > approach, which would have  had the side-effect of rendering their own
     > entrepreneurial efforts useless.   You can argue about degrees and
     > mechanisms, but free software is no help to developing economies that are
     > struggling to productively exploit their own local IT talents.  They want
     > investment and paying customers, not charity (or piracy).
    
    Esther's argument has much in common with Brett Glass' arguments at
    
             http://www.oreillynet.com/cs/weblog/view/cs_msg/5321
    
    regarding Tim O'Reilly's suggestion for "software recycling," the idea
    that defunct companies should release the source code for their
    applications under an open license.
    
    Both arguments presuppose a "right" on the part of programmers to
    develop software, and charge for it, without regard to the larger
    market for such software. In Brett Glass' case, he's concerned with
    a competitor to a failed company's "right" to continued success; in
    Esther's case, she champions one locale's "right" to entrepreneurial
    efforts.
    
    If you haven't already guessed, this is entirely misguided: software
    is a means to an end. I have no problem with software as a product,
    nor am I a fan of software piracy, but people will only buy it
    so long as it fulfills needs that are otherwise unmet. People buy
    software to accomplish a task, or a set of tasks. If these tasks
    can be accomplished with software available for free, or without any
    tools at all, then good for the person who makes the decision not to
    buy software.
    
    Let's say you sell devices that read books to the blind. One week,
    artificial eyes come on the market that give perfect sight to all blind
    people at marginal cost. What do you do? You could fold up your tent and
    go home, or find a new application of the technology and make that your
    business. Or you can whine about your right to sell book-reading
    machines, and how bad these new eyes are for your business.
    
    The computer industry in general, and the software industry in
    particular, are immature industries. Clinging to the way things are
    for no other reason than their short-term benefit for us personally is
    the very definition of shortsighted behavior.
    
    I suspect that a mature computing industry won't have a software
    industry per se: the "appliance" model, the "subscription" model, and
    the "services" model both make much more sense for most people than
    what we have. (Windows XP's licensing scheme is a step in this
    direction, though I believe and hope that that particular model is
    doomed to fail.) Note that none of these have an explicit software
    industry, but none of them exactly eliminate the need for programmers,
    either.
    
    Professionally, I'm a system administrator. (Well, a consulting system
    administrator.) One day, systems will hopefully be simple and reliable
    enough not to require a priesthood to maintain them. Until that day, I
    have a job; after that day, it's time to look for a new line of work,
    not to lament my lost way of life.
    
    -- 
    Jon Lasser
    Home: jonat_private            |    Work:jonat_private
    http://www.tux.org/~lasser/ |    http://www.cluestickconsulting.com
        Buy my book, _Think_Unix_! http://www.tux.org/~lasser/think-unix/
    
    *********
    
    Date: Fri, 04 Jan 2002 12:25:12 -0600
    From: Dave <2gdsat_private>
    To: declanat_private
    CC: politechat_private, JCabreraat_private, gnuat_private,
             edysonat_private
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    
    Hello :-)  Good list folks.  Great lunch time reading.
    
    Glad to see people talking about these
    things.  We certainly are down here in the great state of Texas,
    in family, friendly and church settings.  We're rather upset to see
    our tax dollars being used to police what amounts to cartel distribution
    channels (the entertainment industry being only one). Free market economics
    is a good thing.  Perhaps we won't
    quite ever have that (the Keynesians and the IMF, and soon the new
    keeper of the international fiat fractional reserve ECB, will assure this) but
    at
    least we should be vigilant in protecting what liberties we have left
    here on U.S. soil (those of us who cannot afford luxury homes on multiple
    continents like the cartel leadership).
    
    And we should aim also to see that
    we treat trading partners fairly and promote actual competition.
    This strong dollar policy stuff is destroying our own economy.
    Agriculture, Manufacturing, Transportation and now technical positions
    are being "outsourced" :-)  What will be left?  Well, look at the Dept. of 
    labor
    stats and you'll see who is winning.  EBby Halliday and Coldwell Banker
    and the financial services industry - and ofcourse entertainment is
    their darling.  I mean what are ya gonna do with all that cash and
    spare time.  Traveling Europe gets old after a while I'd imagine.
    
    Anyway.. the quip about Valenti :-)  I've read quite a bit of what that
    fella has said to our elected reps, (Hillary Rosen is another one), and
    frankly, it's rubbish (an ol' Southern term).  Many of us down here
    no longer purchase "art" peddled by these cartels.  It's just not
    quality.  Lip synch kings and the latest sexy this and that.
    
    Be advised though that whittling away at personal liberties and using
    our tax dollars to sit on the invisible hand *is* starting to seriously offend
    the
    sensibilities of many down this way.  It's about time to start putting
    the private back in "private citizen".  In some instances that means
    biting the hand that feeds us.  Increasingly though, the alternative
    is not a world worth living in.
    
     >So long as Jack Valenti remains an effective teller of supposed old Texas
     >stories, RIAA is subject only to ridicule in South Park, not effective
     >consumer protection law.
    
    Kindest Regards,
    Dave
    
    *********
    
    Date: Fri, 4 Jan 2002 14:13:56 -0800
    From: Seth David Schoen <schoenat_private>
    To: Declan McCullagh <declanat_private>
    Cc: John Gilmore <gnuat_private>, Piotr Mitros <pmitrosat_private>,
             David Lawrence <david@online-today.com>
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    
    I think John Gilmore's point is not that Ukraine shouldn't enforce
    copyrights, but that the risk of copyright infringement is not a reason
    to ban people from publishing on compact disc anonymously.  Although
    people may disagree with that, John wasn't attacking the general idea
    that Ukraine should act to enforce copyright in general.
    
    The IFPI SID is an "accepted norm" today only because of the political
    efforts of the recording industries, and it does hinder the ability to
    be an anonymous publisher.  The recording industries are aware of this
    and seem to have suggested sometimes that having anonymous publishers
    makes it more difficult to enforce copyrights, which is true.  On the
    other hand, we know of other good things about the existence of
    anonymous publishers.
    
    One of the interesting things about this debate is that nobody is
    _used to_ the CD format being used legally by someone who would want
    to remain anonymous.  So I think a lot of people would be worried
    about serial numbers in paper (which John suggested was analogous to
    the SID), because we know and are accustomed to the idea that there is
    a legitimate reason to publish anonymously on paper.  Somehow we have
    not gotten used to the idea that there is a legitimate reason to
    publish anonymously on CD.  I could go into reasons for that
    impression, but I just wanted to point it out.
    
    
    Two people in this thread were skeptical of other people's factual
    claims.
    
     > From: Piotr Mitros <pmitrosat_private>
     >
     > >Gilmore suggests that sanctions were imposed because the Ukrainians
     > >failed to adopt an "optical media licensing regime." The reality is
     > >that while the vote on this licensing regime may have been the final
     > >act precipitating the introduction of sanctions, the sanctions were
     > >not introduced because of the Rada's rejection of the bill, but
     > >because the Government of Ukraine had violated nearly every provision
     > >of a US-Ukraine agreement reached in June of 2000 under which it
     > >committed to take a number of steps to address runaway pirate
     > >production.
     >
     > You would do well to back this up with some evidence.
    
    As far as I know, the Ukraine did fail to implement such an agreement.
    I haven't seen the text, but it is the same agreement alluded to
    in this news article
    
    http://www.ukrainet.lviv.ua/infobank/2001/1105e.html
    
    and announced in this USTR press release
    
    http://www.ustr.gov/releases/2000/06/00-43.pdf
    
    The press release highlights four points of the Ukraine-U.S.
    agreement; the fourth is "adopt regulations requiring the licensing of
    all entities involved in the distribution of sound recordings, and
    requiring the use of unique identifiers in the manufacturing process".
    That's the SID requirement.
    
    Now, the most prominently _publicized_ feature of that agreement --
    mentioned repeatedly in the Federal Register filings in which the U.S.
    overnment contemplated imposing these sanctions, as well as on the RIAA
    web site -- was the SID requirement.  I don't know how important each
    provision was to the various interests involved, but I recall that SIDs,
    the "optical media licensing regime", were consistently mentioned
    throughout the process.
    
    Cryptome has been publishing the relevant Federal Register filings, if
    you want to see what the government's been saying about Ukrainian
    copyright law for the past two years.
    
    So, the agreement went beyond the SID system -- but it's clear that the
    SIDs in particular were a priority for the copyright industries.
    
     > From: David Lawrence <david@online-today.com>
     >
     > >Reader, in case you didn't know, every color Xerox machine and color
     > >laser printer prints the serial number of the machine on every page
     > >they produce, covertly hidden in the output, under a long-standing
     > >private "arrangement" with the US Treasury Department.  I have been
     > >unable to confirm whether this is also true of black-and-white xerox
     > >machines.
     >
     > What in the HELL is he smoking? This is laughable. Are we just being
     > goaded by someone who is a conspiracy theorist?
    
    The existence of serial numbers in color Xerox output should be beyond
    dispute by now, since it is so widely documented, and even mentioned
    in the published specs for some copiers:
    
    http://www.google.com/search?q=counterfeit+deterrent+marking+system
    
    Just to dispel any question, I wrote to Xerox today to confirm that
    their copiers generate hidden serial numbers.  Here is the reply I got.
    
    http://www.loyalty.org/~schoen/xerox.txt
    
    "The Secret Service has the ability to track a particular document to
    the source equipment that has produced a suspect image. This information
    is used for criminal investigation purposes only. The Secret Service does
    not provide this information to private individuals or companies, nor
    do they allow other parties to access this information."
    
    (I'm not sure such a system applies to printers, though; I've heard
    people say that printers do not mark output this way.)
    
    -- 
    Seth David Schoen <schoenat_private> | Reading is a right, not a feature!
          http://www.loyalty.org/~schoen/ |                 -- Kathryn Myronuk
          http://vitanuova.loyalty.org/ |
    
    *********
    
    From: Zero Sum <countat_private>
    To: declanat_private
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    Date: Sat, 5 Jan 2002 10:56:31 +1100
    
    On Saturday 05 January 2002 03:03, Declan McCullagh wrote:
    
    [snip]
    
     > Let me weigh here, too, please, more from the software than the
     > content perspective. I am not normally an apologist for the RIAA,
     > but I do support the *principle* of copyright even though the
     > mechanisms of enforcement are sometimes overreaching.
    
    What principle of 'copyright'? Law and principles differ everywhere.
    Well they did until the US arrested Skylarov.
    
    What is being enforced currently is NOT the original concept of
    copyrigt. Copyright is granted to producers in order to ensure they
    will still continue to produce or the benefit of the general public.
    
    Copyright should not even be applied on something that a producer
    does not or will no longer supply. (Windows 301 - PCs for Kids).
    
    If something is 'obsolete' or out of print (for more than a
    reasonable period) then it should be able to be copied freely. The
    work was produced as the (current) pinnacle of human knowedge and has
    added to that pinacle. In order for the right to use that developed
    in common, the work should be 'returned' to the commons when it is no
    longer at the 'pinnacle'. Even language is a pretty sophisticated
    communication method, developed over (at least) millenia.
    
    So, by all means, weigh in. But please tell us something about what
    you believe, not some vague generalities ("I do support the
    principle*) about something totally undefined ("copyright ").
    
    You haven't told us what you support or what you don't.
    
     > Cabrera/Turkewitz are correct in many respects. Aside from
     > enriching the Ukrainian "mafia," a truly despicable bunch, many
     > with links to government figures, lax copyright enforcement
     > hinders the development of Ukraine's indigenous software and
     > content creators. These developers would benefit from the Western
     > price umbrella to work under as they build their own industry;
     > they are eager to develop products and to get paid for their work.
    
    And this differs from America, how?   Be careful.  I am not an
    American but I have seen how American  companies operate overseas and
    how their executives behave.  Calling them 'mafia' would be
    overpolite.  Calling them pirates would only be slightly off track.
    
    A better, more accurate term would be 'corsairs'.
    
     > When I began traveling to the Soviet Union in 1989 and after, the
     > naive view was that Microsoft et al. should help the poor
     > Russians/Ukrainians by giving them free or cheap software, but the
     > locals vigorously rejected that approach, which would have had
     > the side-effect of rendering their own entrepreneurial efforts
     > useless.
    
    Whose naive view?  Yours?  Obviously, not the locals and not mine
    either.  You make the assumption that they rejected it for the reason
    you propose.  But you don't show support for it, just take it for
    granted that you are right.
    
     > You can argue about degrees and mechanisms, but free
     > software is no help to developing economies that are
     > struggling to productively exploit their own local IT talents.
    
    Would you like to provide some support for this?  It is completely
    contrary to what I have seen.  I think China would be a very good
    counter example.  A sufficient example as to make your statement
    factually incorrect.
    
     > They want investment and paying customers, not charity (or piracy).
    
    Okay, so can now see that you regard free software as 'charity'.
    
     > As Turkewitz/Cabrera says, the targets of enforcement in this case
     > are not small businesses using Western software to run their
     > businesses but a crew of thugs crowding out honest entrepreneurs.
    
    Wheras you make that "crew of thugs" corporate and national heroes.
    Microsoft, IBM, ICL, etc. Open your eyes or read some history.
    
    Look at how IBM started, look at what is happening with MS now.
    
     > Their presence deters not only software vendors but also software
     > developers (local and foreign) who might otherwise hire Ukraine's
     > talented programmers and give them a chance to make a decent living
     > and contribute to their and the world's economy.
    
    Like Dimitri?
    
    I feel that your attitudes and idea are based on a factor of
    regarding 'control' as a right, not 'copyright'.
    
     > Esther Dyson                    Always make new mistakes!
    
    These were all OLD mistakes.  Failures in logic and fact that a
    balanced education could have prevented.
    
    --
      Zero Sum<countat_private> Vescere bracis meis.
    
    *********
    
    Date: Fri, 04 Jan 2002 19:22:19 -0500
    To: Zero Sum <countat_private>
    From: Esther Dyson <edysonat_private>
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    Cc: Declan McCullagh <declanat_private>, gnuat_private
    
    I was not trying to argue the whole issue of copyright (or what I believe; 
    I have better things to do!), just the particular situation in Ukraine. 
    Other than that, I doubt I have any new arguments that will change your 
    mind, so I will not try.  And FWIW, I am *not* the author of the headline.
    
    Esther Dyson
    
    *********
    
    From: "Thomas Leavitt" <thomasleavittat_private>
    To: declanat_private
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    Date: Fri, 04 Jan 2002 20:59:26 -0800
    
    Esther's post neatly bypasses the central question in this discussion: is 
    it appropriate for the U.S. government to force industry requirements for 
    labeling of masters and media, on a foriegn country - indeed, is it 
    appropriate for this to happen in the U.S.?
    
    The implication here is that the RIAA wouldn't mind if it were impossible 
    to produce a piece of digital data without source/origin identifiers on it 
    - that would certainly discourage piracy of music... of course, it would 
    also discourage free speech, especially of the anonymous sort.
    
    Regards,
    Thomas Leavitt
    
    *********
    
    Date: Sat, 05 Jan 2002 09:20:38 +0000
    From: David Tomlinson <d.tomlinsonat_private>
    Organization: Metronix Systems <www.metronixsystems.co.uk>
    To: declanat_private
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    
    The Intellectual Property tail wags the Societal dog.
    
     >Aside from enriching the Ukrainian "mafia," a truly despicable bunch
    
    The Ukrainian mafia are not making a political statement about copyright
    or engaging in civil disobedience. They are criminals who are maximizing
    profit while minimizing expenditure. It is the legal and technical
    measures that that protect copyright that create they high _legal_ and
    technical cost of entry, as opposed to the physical cost of
    manufacturing the media, distributing the product etc. It is the
    artificial mechanisms that make copyright so attractive to the existing
    incumbent producer/distributors that also make commercial counterfeiting
    attractive to criminals. I assume that the "mafia" would not be
    interested in competing with legal producers/distributors of open source
    software.
    
     >free or cheap software, but the locals vigorously rejected that approach,
     >which would have had the side-effect of rendering their own
     >entrepreneurial efforts useless.
    
    If this software was propriety then to some extent this would be true.
    As it is distributed without source code, any modifications or
    enhancements to the software have to be made by the vendor. Even if
    through the embedding of scripting languages may provide the opportunity
    for extensive customization, and therefore considerable employment.
    However this restriction does not apply to open source software. You can
    certainly charge (as a developer) for the enhancements as long
    as someone perceives a need for them. And you can use the functional
    blocks as part of a more sophisticated product.
    
    Too much emphasis is placed on the packaged software market, and the
    rewards are attractive. However the barriers to entry are often
    overlooked. The highly visible desktop and office markets are dominated
    by a monopolist that will use legal and technical means to perpetuate
    and extend its' monopoly.
    
     >These developers would benefit from the Western price umbrella to
     >work under as they build their own industry
    
    The umbrella is a myth, given perfect intellectual property controls
    perfect market segmentation would follow. Price sensitivity is evaluated
    and each market is charged appropriately. (Grey imports are an example
    of the failure of market segmentation)
    
     >As Turkewitz/Cabrera says, the targets of enforcement in this case are not
     >small businesses using Western software to run their businesses
    
    Just who are the targets of Microsoft product activation and upgrade
    cycle, or of the RIAA's attempts at DRM. The technically sophisticated
    mafia (who may be quite happy to produce a duplicate of the original DRM
    included) or the end user ?
    
    Also isn't this just the market that the locals were afraid would be
    destroyed by free software. The market under the umbrella ? (My view is
    that in practice this market was always closed to them. See market
    segmentation above).
    
     >(they mostly use 1C, anyway, which is a Russian small-business accounting 
    package
     >distributed, sold for a fair price and *supported* by a network of VARs
     >throughout the region)
    
    Accountancy software is notoriously specific to the practices and legal
    environment it operates in and requires on going support. I don't see
    the mafia providing support or a mass market vendor wishing to tackle
    the degree of customization and support required.  Accountancy is part
    of the class of software that is substantially market specific.
    
    What prospect is there for a Ukrainian office package to compete with MS
    Office or alternative commercial desktop to compete with Windows ? Look
    at the US companies that have failed in this market IBM, Borland,
    Novell, Lotus etc.
    
    This is a brief extract from and synopsis of what should be a better
    argued document. I am just not aware of who has written or where to find
    it at the moment.
    
    David Tomlinson  d.tomlinsonat_private
    
    *********
    
    Date: Sat, 5 Jan 2002 09:15:23 -0800
    From: Jason Lindquist <jlindquiat_private>
    To: Declan McCullagh <declanat_private>
    Cc: david@online-today.com, politechat_private
    Subject: Re: FC: Esther Dyson replies to RIAA, says CD copyright laws necessary
    
    In our last episode, Declan McCullagh included:
    
     > From: David Lawrence <david@online-today.com>
    
    [Quoting John Gilmore:]
    
     >> Reader, in case you didn't know, every color Xerox machine and color
     >> laser printer prints the serial number of the machine on every page
     >> they produce, covertly hidden in the output, under a long-standing
     >> private "arrangement" with the US Treasury Department.  I have been
     >> unable to confirm whether this is also true of black-and-white xerox
     >> machines.
     >
     > What in the HELL is he smoking? This is laughable. Are we just being
     > goaded by someone who is a conspiracy theorist?
    
    No.
    
    The PRIVACY forum article about this:
         http://www.vortex.com/privacy/priv.08.18
    
    The obligatory Slashdot discussion:
         http://slashdot.org/yro/99/12/08/1342209.shtml
    
    Another article:
         http://www.monkey.org/geeks/archive/9912/msg00011.html
    
    This is considered an "open secret" in the printing and copying industry.
    
    *********
    
    From: "Daniel Kluesing" <danielat_private>
    To: <declanat_private>
    References: <5.1.0.14.0.20020104103947.00aa0e00at_private>
    Subject: Re: Esther Dyson replies to RIAA, says CD copyright laws necessary
    Date: Sat, 5 Jan 2002 12:49:44 -0800
    MIME-Version: 1.0
    Content-Type: text/plain;
             charset="iso-8859-1"
    Content-Transfer-Encoding: 7bit
    X-Priority: 3
    X-MSMail-Priority: Normal
    
    One thing I find quite interesting is the round denouncement record
    companies are receiving for putting 'pop' music on the front burner. It
    seems to be the general consensus of individuals that 'pop' music is less
    worthy than other forms of music, and the record labels should be admonished
    for propagating it. While I agree, I don't think that is a valid argument in
    the copyright debate. Simply put, as dangerous as the current copyright
    restrictions are, it's even more dangerous to say that because the record
    companies are pushing "the manufactured pop star" they can be pirated (If
    you're into buzz words, denied profits is the real term) without guilt. Once
    you've done that you've passed judgement on someone else's right to
    distribute speech.
    
    Go ask a teenie boper if they think PISH should be distributed, you'll get
    the same response as if you'd asked a bunch of techie's about N*sync.
    Strange as it may seem, some people *like* pop music. While I think it's
    crap, I'm not allowed to pass judgement about the probative value of that
    speech and deny rightful profits based on that judgement.
    
    One man's vulgarity is another's lyric. - Justice John M. Harlan, Cohen v.
    California
    
    The quality of the content is not an issue in the copyright debate.
    
    Daniel Kluesing
    
    *********
    
    
    
    
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