[Politech] Reply to EFF over its position on RIAA, file swapping [ip]

From: Declan McCullagh (declan@private)
Date: Tue Nov 04 2003 - 04:51:32 PST

  • Next message: Declan McCullagh: "[Politech] Telemarketers say need for do not call list unproven [fs][priv]"

    ---
    
    From: "Scott Matthews" <scott@private>
    To: <declan@private>
    Subject: EFF's Brad Templeton's response to Czarina
    Date: Thu, 30 Oct 2003 16:08:01 -0500
    
    Hey Declan,
    
    In response to EFF chair Brad Templeton's response to Czarina's email:
    http://politechbot.com/pipermail/politech/2003-October/000138.html
    
    The EFF sends a pretty mixed message, no?
    
    Brad characterizes file-sharing as ripping off artists, and goes on to say
    that it is right to condemn people who get all their music without paying.
    And yet the EFF continues to tacitly endorse such file-sharing, running an
    ad campaign that says "file-sharing is music to our ears."
    
    http://www.eff.org/IP/P2P/music-to-our-ears.php
    
    And as you yourself pointed out on CNET, the EFF previously suggested that
    the RIAA should be suing such infringers:
    
    http://news.com.com/2010-1071-5067473.html
    
    The more I try to understand what the EFF is shooting for, the more baffled
    I get. I've written some more here:
    
    http://www.turnstyle.com/blog
    
    In his email, Brad goes on to fault the RIAA and MPAA when they "pretend
    it's about stealing from the artists" but the EFF is likewise wrong when
    they pretend that copyright only protects an oligopic entertainment
    industry -- the same copyright laws also protect independent musicians,
    filmmakers, programmers, and so on. I'm one of them.
    
    He also talks about tangential copyright issues such as the DMCA's
    "anti-circumvention" provisions and the "broadcast flag" -- but these are
    SEPARATE issues. OK: fight to repeal the DMCA's anti-circumvention
    provisions, and stop the broadcast flag. But don't be fooled when the EFF
    uses those issues as a justification for file-sharing.
    
    The EFF often says something like: "we just want to find a way to get the
    artists paid." And sure, that sounds great, but so does most vaporware.
    
    Their seemingly preferred alternative "compulsory licensing" is so filled
    with holes that I'm surprised it's still seriously considered as a way to
    legitimize file-sharing: http://www.eff.org/share/legal.php
    
    As Aaron Swartz points out http://www.aaronsw.com/weblog/001016 when it
    comes to compulsory licensing, there's a tradeoff between privacy, accuracy,
    and security. I also explore some free speech issues here:
    http://www.turnstyle.com/blog
    
    It's time for the EFF to address these compulsory licensing concerns
    directly, without resorting more anti-RIAA rhetoric. If they cannot address
    these concerns, then it's time for the EFF to come up with a viable
    alternative. And given the absence of any viable alternative, it's time for
    the EFF to stop cheering on file-sharing.
    
    speak soon,
    Scott Matthews
    http://www.turnstyle.com/andromeda
    _______________________________________________
    Politech mailing list
    Archived at http://www.politechbot.com/
    Moderated by Declan McCullagh (http://www.mccullagh.org/)
    



    This archive was generated by hypermail 2b30 : Tue Nov 04 2003 - 05:17:31 PST