Copyright Alliance Says Fair Use Not a Consumer Right 504
KingSkippus writes "In response to a complaint to the FCC filed by the Computer and Communications Industry Association (CCIA) to change copyright warnings before movies and sporting events, Executive Director Patrick Ross of the Copyright Alliance tells us in an editorial that 'fair use is not a consumer right.' The Copyright Alliance is backed by such heavy-hitters as the MPAA, RIAA, Disney, Business Software Alliance, and perhaps most interestingly, Microsoft, who is also backing the CCIA's complaint."
Why isn't SCO in on this? (Score:5, Insightful)
Comment removed (Score:5, Insightful)
Re:Depends on what you mean by "right". (Score:5, Insightful)
Kinda like the right for copyright protection itself huh?
Re:Depends on what you mean by "right". (Score:2, Insightful)
Not enough people do. Not many people even fully realize what's going on or what's really at stake.
Re:Depends on what you mean by "right". (Score:5, Insightful)
Freedom of religion and freedom of speech are as much socially-granted rights as fair use. (And happen to be damn good ones.) All three share the quality of being relatively new ideas in society, in the grand scheme of things. You might say we'd like to think that all three of these rights are vast improvements over how things used to work in historical times. I don't see the distinction you are trying to draw here at all.
Comment removed (Score:5, Insightful)
Hmmmm.....Then Copyright is not a "right" either.. (Score:4, Insightful)
If they want re-negotiate, perhaps we should go back to the way it was originally setup in the constitution and start back from there. Full and exclusive copyright only lasts 17 years. Period. No extensions of any type. That's my best offer.
Hollywood is playing a very dangerous game here. Public opinion is pretty much against them, while we're re-defining copyright perhaps we should put this up for a referendum?
Repeat It Enough Times (Score:2, Insightful)
Which meets the objective of the whole cartel.
Re:Depends on what you mean by "right". (Score:5, Insightful)
Previously, there was some sort of tenuous balance, though it wasn't specified by law: people could use copyrighted materials in certain ways (fair use), and companies were pretty much guaranteed that widespread infringement would be easy to deal with (since printing presses were big and expensive). In the modern age, the companies see their previous comfortable position being eroded (by copying and distribution becoming trivially easy). So they get new laws to give them back the comfort they previously had. They claim that this is their "right" and so now we have the DMCA, granting them these "rights."
The people, meanwhile, are seeing fair use eroding more every day (DRM, etc.). However, fair use has not been protected by any new laws. So companies can use technical measures to prevent fair use, and there's nothing we can (legally) do. The balance is gone.
Personally, I think the means of restoring the balance would be to repeal the DMCA and even scale back copyright law, rather than creating yet more laws.
Pardon me? (Score:5, Insightful)
So, I shall be publishing a short copywritten piece shortly with just this provision in it, and if anyone knows the guys behind this push, feel free to send copies to them, I insist....
The "Right" of Copyright (Score:5, Insightful)
Actually... (Score:5, Insightful)
Actually, yes we do.
Re:Depends on what you mean by "right". (Score:5, Insightful)
oh wait...
and buying their goods is not a necessity (Score:1, Insightful)
Finally!!! (Score:2, Insightful)
It's about time that these folks laid out their agenda explicitly. No need for conspiracy theories when it's out on the table.
Why I No Longer Respect Copyrights (Score:2, Insightful)
Re:Pardon me? (Score:4, Insightful)
Actually, the authority of the federal government to issue copyrights is directly provided for in the Constitution. One of the powers granted to Congress in Article I, Section 8 is: (Clause 8)
WANTED: Lying sack of shit for our PR position (Score:2, Insightful)
Is it just me, or is being a lying sack of shit a prerequisite to operating with the big corporations in the US? I'm puzzled and disturbed by what appears to be an increase in skullduggery and flat-out bullshitting. Sure, it's always been there, but the stench seems to be getting stronger...
Re:Depends on what you mean by "right". (Score:5, Insightful)
Actually, it's the precise reason I haven't bought a CD or DVD since the RIAA and MPAA, respectively, started this little anti-fair-use jihad of theirs.
Here's an example: I subscribe to HBO. HBO shows, say, "Superman Returns." I can watch it legally on HBO. I can record it and rewatch it. The MPAA is arguing that I can't "context shift" that material so that I can watch it when I'm stuck on call at work. (Doctor. Lots of down time in the middle of the night.) What has the MPAA lost? Nothing. What has HBO lost? Nothing, because I already subscribe to that channel.
Now, I can see the MPAA's argument if I don't subscribe to any of the "premium" channels and am doing this, but regardless of HOW I get the material, I'm paying to view it. Frankly, the more the MPAA argues these points, the greater the chance that people like me are just going to stop subscribing to the "premium" channels in the first place. They've already done great strides for this with CableCard. (i.e., I'd love to record my favorite programs to my PC, then load them on my laptop and watch them during down time. Unfortunately, idiotic encrypted QAM prevents that.)
The same goes for the RIAA. If it's "fair use" that I record a song off the radio, then how is it any different if I obtain said recording through a different means? Sure, I *could* go set up a recording rig and hook it to an FM receiver. I have the equipment to do it. In that case, I have the content, and it's "fair use." So if I obtain it through different means, it's the same data. How is that not "fair use?"
Re:WANTED: Lying sack of shit for our PR position (Score:5, Insightful)
The only difference is that the conduit by which that stench gets communicated to the public now has greater bandwidth, thanks to the internet. For now.
Re:Depends on what you mean by "right". (Score:5, Insightful)
Or, you can circumvent it yourself without consequence because you are not doing anything to deprive them of any revenue or infringe on their copyright making 10000 copies for your closet stack of DVDs. Simply put, Copyright's never been about guaranteeing revenue... but it's turned into that... and copyright's "limited time" has been assraped so much that it's probably unable to even fart. Their idea of telling you what you can and can't watch/listen to your purchased content on is their desire for a pay-per-view universe... where you pay for every viewing, listening, reading of something... not just once in the case now... like we're all in their own private little theater and we have to pay the fee each time we use their crud. It's their orgasmic dream to do that... and they are working _VERY_ hard to make it happen... harder than they work even to sue the pants off college students who trade music.
I don't purchase crippled CD's (or those from major labels, for that matter... not that it matters much, since major labels really _do_ produce dog shit music.) I also don't purchase anything Disney has anything to do with, since they are instrumental in raping the corpse of the public domain... the goddamned vultures need all to die... It means I miss most Pixar movies... well, all of them, actually... unless of course someone else loans me their copy.
Since the "digital age" (as if it somehow has put the western world in "jeopardy") is now an attempt to force even more controls on _ME_, rather than the works themselves... I find it laughable that they can make a distinction between fair-use _now_ and in the _past_ simply because it's on a computer rather than a VHS tape or audio cassette. Because it's "bits" now instead of magnetic media (or whatever), they somehow believe all the provisions that were set forth in court case after court case in hundreds of years of law don't apply because the word "digital" is attached to it. Fuck you... to put it in terms they can understand.
The problem with people in general is their incessant desire to be entertained, because they've known nothing more over the last few decades... people of a previous generation are less likely to hoard useless entertainment materials and seek out all kinds of entertainment because their upbringing was work until dark, then sleep so you can do it all over again tomorrow. We (and I'm including me in this one, so keep those cards and letters) are lazy, Pavlovian experiments gone wild. Ring bell, fork over money, get treat. It sucks. I figure it'll get worse before it gets better... that the moguls and idiots in charge will find a tipping point past which NO one will bother with the hassle of movies or music... and they'll have made such a mess of the legal and technology sectors because of it that it'll take two generations to fix... and then it'll go RIGHT back to the way it is now... as if the Marx cycle has an "entertainment division..."
I sometimes feel like part of the problem... and I'm not even the worst "consume more" person that I know...
Corporations Need to be Smacked Down! (Score:5, Insightful)
The fact is very simple - corporations have less of a right to exist than consumers have of a fair use in copyright, and, even more importantly, the desirability of corporate profits does not entitle them into twisting laws to create an oligarchy. Capitalism exists as an American system to benefit the American people, and not the other way around. Corporations are no more entitled to rent seeking and guaranteed profits than a lazy man is entitled to a government check. If corporations want to earn more money, then they should be compelled to invent new products and new services, not attempt to bend the will of the government and the soul of the people into being enslaved into old products, old services, and worst of all, old ideas.
My fellow Republicans need to be reminded that to be a genuine conservative is to value freedom first and foremost. From that freedom we do have a prosperous society, yes, but prosperity is not why we value freedom and we should not let our greed rule deceive us into believing that the point of freedom is profits for someone else. There will come a time, and it may be soon, when we have to choose between freedom versus wealth, and we can only hope that men of good conscience will have to see that the former is always priceless.
The Fair Use kit for DVD/Mac OS (Score:2, Insightful)
#2, Toast Titanium.
Use #1, then #2, then enjoy viewing your unencumbered, non-copy protected, de-DRMed, region free backup copies of your inexpensive previously viewed DVDs via your DVD player, on your computer, and, by using Visual Hub, on your iPod, PSP, or other PMP device.
Don't buy new DVDs. Get them used from your locally owned independent used CD/DVD shops or eBay. You'll save money and won't be putting money into the pockets of the MPAA affiliated studios or Blockbuster.
Actually fine... (Score:5, Insightful)
And copyright protection is not a producer right either then.
There is zero reason why they should be given any extra protection by law then. It should be the companies' responsibility to think of the methods of protecting their idea/IP. If joe public is not allowed to have fair use, no reason why *our* tax money should go towards wasting time of courts funded by us, to help out these companies. Let them spend their own money on trying to devise methods to prevent competitors from copying off their idea.
The whole idea of copyrights and patents was for the benefit of the public, not for the companies, by encouraging invention and arts for the benefit of public. the whole deal is null and void if they want to renegade on their part.
If the joe public must pay for everything, so must they.
Re:Depends on what you mean by "right". (Score:3, Insightful)
They don't stop watching or listening, but I'm pretty sure there's many that's stopped buying. Pirated material is cheaper and bandwidth is increasing and getting cheaper every day. It has higher quality (HD with no blu-ray/hd-dvd player, HD broadcasts you can't get here), it's more flexible (timeshift, spaceshift, formatshift, HTPCs, backups), faster and more available (online 1-3 days later in HD, don't ask when/if it'll be on TV/DVD locally here in Europe), free of commercials (cuts 1/3rd of the runtime and massively improves the experience), works everywhere (no funny region coding, non-playable CDs, rootkits or anything) and overall more convienient.
There's roughly two things that keep people buying - fear of the law and the basic moral obligation to pay for what you use. They're making the best effort possible to be asshats that you don't want to give money to. One thing is the general feeling of overpriced, like I feel my Internet connection's overpriced, my rent is too high and owning a car is too expensive. That's just normal, that's just about not wanting to give up your hard earned cash. I'm talking about that directed hostility that you definately don't want to give them your money.
That leaves fear of the law, good luck with that. The law and public opinion aren't always equal, but they're tied together. Pull those two too far apart, and the chord will snap. Right now I see the law going one way and consumers the other, but I still think there's quite a way to go. It will get worse before it gets better.
If DRM then no copyright (Score:2, Insightful)
Yes, and for that reason a DRMed work shouldn't benefit from copyright, because it is never intended to go into the public domain (or steps have been taken to ensure that it may end up in the public domain), even after that ridiculous lenght of time so that your kids will never see a song by the Beatles in the public domain.
Bert
Re:Depends on what you mean by "right". (Score:1, Insightful)
Because of this, the writers of the first copyright laws didn't think to make the equivalent "fair use" laws since it was a universally accepted concept. (Much like not taxing air or water. It's an absurd concept that early generations couldn't contemplate. I'm not aware of it happening yet, but I do know there have been discussions of the concept by certain politicians.) The plain simple truth is that they didn't codify it because they couldn't imagine any situation where there would be some sort of doubt or denial of such rights. (Being unthinkable to them, the didn't...)
Now we have lowlifes that want to try and dissolve those important and age old rights by proclaiming they don't exist. If they have their way, soon you may have to pay every time you watch a dvd you bought, or even to read your own book. Do you really want to live in that world. If so, continue to campaign for the non-existence of "fair use" and "consumer rights".
Re:I find this amusing. (Score:5, Insightful)
Thanks for confusing the issue, though (and somehow getting moderated insightful...sigh).
This is part of what's crap with the current system. I walk into a store, find a CD I like, give the clerk money, and take it home. This, by definition, is a sale. That CD is mine to do what I want with. At no point in time during this transaction was it brought to my attention that I was actually agreeing to a license. Since you brought up cars...Imagine what would happen if I "bought" a brand new Ford and Ford then told me that I couldn't give rides to my family, friends, co-workers, etc. because I didn't have a multi-passenger license. Of course, they'd quickly offer me the "opportunity" to upgrade my license (for a fee) to allow this, as well as charging any person who wants a ride in my car a license as well. Don't like the car analogy? What if it were a house and the builder put these limitations on it? What a brain-dead system, all because "artists" think they're special (read: Better than everyone else).
But let's say it is actually a license. That makes it a freaking contract. That means that everything, all privileges, limitations and responsibilities, needs to be written down. Then all parties have to show what they're giving up in order to get something. Then all parties have to show they understand the terms. Then all parties have to sign it. And it needs to be kept on record. I need a copy and the manufacturer/producer (eg, Sony BMG, Universal, etc.) needs to keep a copy. That way, when I lose the physical medium of the work that I licensed, they can quickly provide me with a new copy for almost free (material cost and S&H).
I won't go so far as to say that copyright needs to be abolished, but these companies need to be reminded that it's a privilege, not a right, that they're granted. And as for duration, it needs to be shortened, not lengthened. (Financial and technical) Limitations from 200+ years ago justified 14-year terms. But in this nice modern world of ours where everyone has a computer with a word processor, an internet connection and access to Print On Demand technology, it's easier and easier for the artists to make their money back and then some, meaning the duration of government protection via fiat monopoly ought to be decreased.
Re:I find this amusing. (Score:3, Insightful)
I disagree. There are many rights that exist with respect to works; copyright should consist of whatever combination of rights, exceptions to those rights, duration, etc. that best serves the public interest. This could include the reproduction right and other rights, or include rights other than reproduction. There's no reason to marry ourselves to the reproduction right alone.
I think it would be a lot more simple and fairer if we reverted to using simple contracts(license agreements) combined with our copyrights which are well understood and well administered within a common law system.
Perhaps. But I think that it is important to bar all (or at least nearly all) adhesive contracts, in that case. If two parties actually sit down and negotiate something, then that's fine. But where a contract is standardized, and presented on a take-it-or-leave-it basis (as with EULAs, say), then I don't think that there's really any fairness.
Additionally, we shouldn't permit contracts to defeat the public interest. For example, an author should not be able to use contracts to effectively prevent his work from meaningfully entering the public domain by limiting access to the works.
Besides, the default rules of copyright should really be crafted such that there is rarely any need for contracts or licensure in normal cases involving the segment of the public that is the audience for the work.
Ross is technically right, practically wrong (Score:5, Insightful)
This should be the beginning and end of this argument. The broadcast warnings clearly speak in absolute terms, and here we see Ross admitting that he knows that the copyrights referred to in the warnings are not, in fact, absolute. Thus the warnings are not just vague, they are factually (and willfully) incorrect.
Re:Depends on what you mean by "right". (Score:3, Insightful)
So, why is copyright now longer (and more inclusive) than it was when the country was founded?
Because the people who own the copyrights also own the people who write the copyright laws.
Re:I find this amusing. (Score:2, Insightful)
The problem is the huge number of laws on the books. Yes, there's the old "ignorance of the law is no excuse," but the practical matter is that any judge will recognize that yes, it is an excuse. So he'll cut you a little slack and say that you only need to be versed in the laws pertaining to your activities.
How jacked up is that? First, it requires my first act in any endeavor to be wondering about whether or not this is something that's covered by a law (and this is a free society?). If I have a decent grasp on reading comprehension I might be able to go to firstgov.gov and figure it out. The more responsible thing to do (if I want to cover my rear) would be to hire a lawyer that specializes in whatever endeavor this is. All because I want to "buy" a CD.
Bullshit.
I would cite this if I remembered where it came from, but someone else has talked about odd situation that we, as consumers, find ourselves in. It's been standard operating procedure for decades for a radio to come with some sort of recording device built in. That used to be a tape deck, but nowadays one can easily and cheaply find a CD/DVD player that comes with a CD-R/W &/or DVD-R/W. And let's not forget VHS players (which the MPAA quickly branded as copyright infringing devices, and they were handsomely rewarded/reimbursed for that). You'd be hard-pressed to find a PC today without a burner. Just about every non-iPod MP3 player out there comes with a recorder. You can browse and download content on your cell phone. Hardware manufacturers and service providers (eg, Motorola, Apple, AT&T, etc) advertise that you can do all this stuff. And there's a ton of software that lets you do it, and it's frequently available for free.
If the situation is set up to encourage people "violate copyright", then how the hell 1) is it violating anything and 2) are people supposed to know that they're doing something wrong. Oh, that's right, check with your lawyer first.
And BTW, yes, the original car analogy is invalid. Some of you guys want to say that you, as a seller, can put restrictions on the purchaser can do. No, you cannot; not if you want it to be considered a sale. What you keep describing, yet refusing to call it, is a license.
Yes, in truth there are many times when the purchaser is restricted to what they can do. Not being able to run that new Ford as a taxi is one. Not renting out each room in your 5 bedroom house to a different family is another. These are restrictions placed by the government, not by a company.
In short (ha!), if it walks like a duck, quacks like a duck, looks like a duck and smells like a duck, then guess what? Yup, we're having duck for dinner.
Copyright is not a right, it is a privilege! (Score:2, Insightful)
Re:You still don't understand (Score:5, Insightful)
Even if you don't accept the terms of the licence, the Law of the Land (Sale of Goods Act 1979, as amended) gives you the right to use the software for its intended purpose. And a contract cannot take away a statutory right.
Re:I find this amusing. (Score:5, Insightful)
What the hell is up with that. Why did I not just bit torrent it and burn it myself? I did the correct thing and bought the product. So I ripped the thing and stuck it on a hard disk and took out all the nonsensical messages.
I don't really advocate mass copyright infringement but little things like that make me thing... what the hell... BT and burn away people.
Re:Actually fine... (Score:1, Insightful)
Incorporating greatly benefits "The People" because it allows those without enough capitol to absorb any conceivable risk, or to buy an increibly effective umbrella policy to work for themselves safely, rather than being forced to work for those with capitol.
Re:WANTED: Lying sack of shit for our PR position (Score:5, Insightful)
Any public relations position's job is to present their company in the best possible light given whatever policy is dictated to them from above. Sometimes you are given dickhead policies and if you want to keep your job, there's not much you can do to defend it short of lying or ignoring counter-arguments. (See pretty much all political discourse as a perfect example.)
In the past, and still in a handful of cases today, presenting your company in the best light was done by treating the consumer well. I think the iPhone rebate announced today is an example of that. (For the record: I am not an Apple fanboi and hate those who are. I do not own an iPod, iPhone or any Apple computer; I do not have iTunes installed and have never bought a track from them, etc.) The idea there is simple: Treat them right, give them a decent product and they will return to buy from you again in the future.
This is only necessarily in competitive markets where there are nearly identical replacements. Being an ass in that context will drive your customers away.
In limited circumstances--movies, music, Windows, and more--there are monopolies or cartels that make it much harder to switch away. Yes, there is a lot of music outside the control of the RIAA, but it's not what you tend to hear when you turn your radio on in the car and that's what people are going to want. It's also not a real replacement; if I want a song by an artist from a major record label I have to play by their rules, a song by a random indy artist isn't the same thing. (It may be better or worse or even the same level of enjoyment, but it is not the thing I wanted.) Yes, you can install OS X or Linux or some alternate operating system, but if your applications don't run on it or you don't want to relearn things you're a bit stuck. Movies are probably the worst, in part because we've become accustomed to big-budget flicks with huge special effects that can't really be duplicated in independent films.
Since there isn't such a clear-cut replacement in these cases, they can afford to dick their customers around. They have what we want, and our choices become buy it anyway, go without or turn to illegal means. Since increasingly people are choosing #3, you see a concerted effort by groups such as them to control the law (DMCA) to their advantage.
So, no, you don't have to be a dickhead as a PR guy necessarily. You do, however, have to be as big a dickhead as the decision-makers in your company are.
Maybe not consumer right. (Score:2, Insightful)
Consumer right? No. But it is a human right. It is a requirement so that we can maintain freedom from content producers. And it is a legal right, for now. The fact that this slob refers to human beings as consumers says it all in regards to what he thinks of them.
The word "consumer" was originally a marketing slur used to describe their customers and potential customers. It helps marketers to screw people over if they can de-humanize them. Much the same way a con man will refer to people as "marks." As words often do, this slur spread, and eventually, even people sometimes refer to themselves as such. It is very sad.
Re:Actually fine... (Score:4, Insightful)
I will say, from a non-lawyer point of view, I'd say the distinction doesn't make much difference because of the established court decisions.
Perhaps you're right to date and in your jurisdiction. However, it seems to me that the difference between fair use being a consumer right and an affirmative defence is a simple principle: in one case, it would be against the rules for them to try to stop you, while in the other, they can try but it's OK if you succeed anyway. This is pretty significant when it comes to issues like DRM. (It's arguably off-topic here, but a similar principle might apply when considering what is known in some places as the doctrine of first sale, and how that matches up to on-line product activation.)
The sad thing is, I suspect that in this case, the copyright lobby guy is actually correct. I believe that the law should be changed so certain provisions of fair use/fair dealing/whatever your jurisdiction calls it are given the status of consumer rights, such that actively undermining them is against the law. For example, if you want to DRM your product because you believe this will help to protect your business interests, that would be OK, but only if you provided alternative means for people to exercise what wound then be their fair use rights. (Again, the parallel is that you could require on-line activation as an anti-piracy device if you chose to make that business decision, but only if you provided the means for people to resell a legitimate copy of your software under the doctrine of first sale without the new owner finding they couldn't use it effectively, and a means for someone to activate the software if they had to restore from a back-up after your original on-line activation scheme had shut down.)
Producer Rights (Score:2, Insightful)
I'll just say my wallet isn't a producer right. Go watch steamboat willy in all it's glory. Keep him all to yourself. See how shareholders love you for it.
The difference is.... (Score:4, Insightful)
Re:Actually fine... (Score:3, Insightful)
But what about now? Now, when anyone with an Internet connection and a voice can become a publisher? All those blog posts are copyrighted, you know. If I write something fantastic and compelling in my blog, anyone who wants to reuse it has to get permission. That includes the megacorps.
Automatic copyright should actually help the little people of today more than it hurts them.
Re:Actually fine... (Score:3, Insightful)
Re:Depends on what you mean by "right". (Score:2, Insightful)
They have lost *control* which they consider more valuable than your subscription fee.
Not the courts, not the markets. Congress. (Score:4, Insightful)
Don't think for a single moment the courts necessarily give a rats behind about the principle of any sort of "deal" existing between the public and content creators with respect to the concept of intellectual property and copyright law.
I'm curious why you believe this. For one thing, the courts are not uniform. Look at 9th Circuit decisions then look at 2nd Circuit decisions, and you'll see what I mean. Second, in many of the cases I've read, particularly USSC decisions, the Court has given ample evidence that it understands there is a balance of interests between holders of copyright and the public at large. The record of the courts is mixed on copyright issues. While the Copyright Cartel is flexing its powers in court, it is losing as often as it is winning. But the mere presence of all of this legal activity has the general public thinking that the courts are in the pocket of the Copyright Cartel.
If anything, blame needs to be laid at the feet of Congress, for extending the duration of copyright. Their definition of "for limited times" is obviously out of whack, but the Court can't simply overturn Congressional extensions of the copyright duration. The standard of review on cases involving Congressional action having to do with the Intellectual Property Clause is quite rigorous.
We need to turn our wrath at Congress. We need to push our Congresscritters to do what they're supposed to do, rather than relying on miraculous intervention by the courts. Our only hope is NOT letting the economy sort out the problem. Our hope is in exercising our franchise, and forcing our elected representatives to act in the interests of the public.
Re:Actually fine... (Score:3, Insightful)
Automatic copyright should actually help the little people of today more than it hurts them.
I disagree.
The purpose of copyright is not to help authors, whether little or big. The purpose of copyright is to serve the public interest. The public interest vis a vis copyright can be broken down into three parts: 1) the public wants more original works created and published; 2) the public wants more derivative works created and published, and; 3) the public wants no restrictions as to those works, or if there are restrictions, the most minimal ones, in length and scope.
Granting a copyright always incurs a public detriment in that it is a restriction as to the work in question. Thus, it is only tolerable if the benefits that stem from the copyright grant are so great as to outweigh the detriments, thus yielding a net public benefit.
It is possible that encouraging the creation and publication of a work which otherwise would not have been created, by offering the author the artificial incentive of a copyright, can yield a net public benefit. However, what if the natural incentives for the author (e.g. fame, non-copyright related revenues, art for art's sake, etc.) would have resulted in the author creating the work anyway? In that case, copyright provides no public benefit since it is not copyright that is causing the work to be created and published. And since it necessarily causes a public detriment, we're left with a net public detriment. That is not tolerable.
While it's not possible to read the minds of authors and determine whether or not copyright was a necessary incentive to them for each work they create, a registration system is a good approximation. If an author was incentivized by the possibility of getting a copyright, then he will be willing to undertake at least modest actions to get one. Filling out a simple, one page form, sending in a couple of best copies for the Library of Congress collection, and a token fee, within a modest window of time, is a good way to gauge his desire for a copyright. If he would've created the work sans copyright, he probably won't bother to register. If it was important to him, then he will register.
If you had to register your forum posts, would you stop posting? I bet that you would not. Therefore, it harms everyone, including all the little guys, to not have your posts in the public domain so that everyone can freely use them. You, specifically, might not be as well off (though balance that against your benefit in being able to use everyone else's posts), but copyright is about the public good overall, not whether particular authors benefit.
Even the 'megacorps' won't bother to copyright everything and to maintain those copyrights. They never did before; why expect them to now?
Re:Actually fine... (Score:3, Insightful)
To it simply: IP advocates want fair use determined and argued on a case-by-case basis as that favors THEM, in part because they have armies of lawyers and in part because it gives them wiggle room. In practice this means that they can threaten just about anyone with SOME weight. Their opponents want fair use much more clearly defined (as it is in Canada, for example) with clearly deliniated exceptions for home copying, etc. One can see how this obviously favors consumers who don't have to worry about legal threats and lawsuits for time-shifting or making software backups.
Re:Actually fine... (Score:3, Insightful)
Re:I do wish people would get that right.. (Score:3, Insightful)
Of course, bakers would sue for cake piracy, but nobody would really care.