Canadian Songwriters Propose Collective Licensing 455
aboivin writes "The Songwriters association of Canada has put forward a proposition for collective licensing of music for personal use. The Right to Equitable Remuneration for Music File Sharing would legalize sharing of a copy of a copyrighted musical work without motive of financial gain, for a monthly fee of $5.00 applied to all Canadian internet connections, which would be distributed to creators and rights holders. From the proposal: 'File sharing is both a revolution in music distribution and a very positive phenomenon. The volunteer efforts of millions of music fans creates a much greater choice of repertoire for consumers while allowing songs — both new and old, well known and obscure — to be heard. All that's needed to fulfill this revolution in distribution is a way for Creators and rights holders to be paid.'"
Great, another tax (Score:5, Insightful)
And they *say* they'll distribute the funds, but that hasn't seemed to work in the past. Why is this going to work now? Someone needs to realize this can't work in practice.
Re:Great, another tax (Score:5, Insightful)
Now that's democracy. If the majority wants free music sharing, then it gets to happen.
So in fact, the $5 is a savings when it comes to all Canadian taxes. That's what I mean by a small problem -- $5 for music -- solving a large problem -- many hundreds of dollars for law regulation, enforcement, and court fees; not to mention the resources of those court personnel and the delays towards court cases that actually matter -- not that we have many murders in this country.
A $60 annual tax is really nothing to complain about. And hey, being a part of the internet service, it gets written off as a business expense!
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The tax should be optional. Downloading without paying the tax should be illegal. Like a fishing license for music. If I don't go fishing I don't pay a tax on fishing. If I don't go hunting music I should not have t
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That makes it a lot more expensive to administer, because then you need a big bureaucracy to handle the licensing. You would also have a lot of illegal downloading, and we'd be more or less in the current situation.
The main difficulty with this proposal is determining a fair distribution o
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Well, one obvious advancement over that scheme is weighting it by unique individuals. I.e., it's not how much a person downloads, but what percent of what they download belongs to what artist. Since this is tied into purchased net connections, not handles or anything else that could be Sybiled, you can pull it off pretty effectively.
You're still subject to artificial weighting, such as "Hey, everyone who likes this song, download it a whole bu
Re:Great, another tax (Score:4, Insightful)
I have no doubt the same would happen to this flat monthly tax. This year it's $5. Next year it's $6. In 2009 it'll suddenly jump to $10. And the RIAA would still be complaining.
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There are a lot of catches, though. For example, the GEMA is not free of scumbaggery. For example, it distinguishes between "serious musi
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Guess that didn't occur to them. Next up, a $5 tax on tires for car designers.
Chickens/hatch... (Score:2)
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Still, it's a huge improvement over the existing situation. As long as we're not paying "per-use" or "per-song", we're still creating a situation where the common person on the street is subtly encouraged to expose themselves to as much culture and knowledge as their time, interest and curiosity allows without a financial disincentive and still supporting our artists. That's the most important thing
Re:Great, another tax (Score:5, Insightful)
Then we pay the movie writers $10/mo
Then we pay the book industry $10/mo
Then we pay the software industry $10/mo
Then adobe and microsoft step up and say they are so big and widley pirated they should each get their own special levies...$20/mo
Then we pay Nintendo/Sony/Microsoft [again] $10/mo for piracy of their console games
Then the songwriters notice they are only getting $5/mo and demand a raise to $10/mo like everyone else
Then bloggers find out when people read their blogs they are actually downloading a copy and demand their cut... $10/mo
Then photographers demand their fee for all the images that get downloaded
Then supermodels and celebrities discover that people are trading naked pictures of them without a model release and demand their fee, separate from the photographers... $10/mo
Then myspace users who are having their 'private pictures' redistributed...
"A $60 annual tax is really nothing to complain about."
How about $1200+ ??
Re:Great, another tax (Score:4, Funny)
Then they passed a tax to pay the movie writers. Again I said nothing, because I don't go to the movies.
Then they passed a tax to pay the book industry. I said nothing, because I don't read.
Then they passed a tax to pay the software industry. I said nothing, because I don't own a computer.
Then they passed a tax to pay me
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Your sentiments are shared, but it's worth pointing out we're also responsible for Anne Murray, Gordon Lightfoot and Celine Dion.
So in fact, the $5 is a savings when it comes to all Canadian taxes. That's what I mean by a small problem -- $5 for music -- solving a large problem -- many hundreds of dollars for law regulation, enforcement, and court fees; not to mention the resources of those court personnel and the delays towards court cases that actually matter -- not that
Re:Great, another tax (Score:5, Insightful)
In my eyes it is anything but common sense but is merely the rule of man, substituted for the rule of law.
Why should the innocent be forced to pay for the illegal acts of others? Many of these people broke no law, yet they are being penalized for others' lawlessness. The guilty and the innocent are both treated equally. By any reasonable definition, this is surely injustice.
One of the reasons people moved to the New World was to establish a system of laws where every person was responsible for their actions, but not that of his brother or sister (e.g. debtor prisons). How then can you justly explain to your neighbor that he must pay for your illegal acts, without calling it legalized theft?
Surely $5 sounds like a trivial matter, hardly worth even debating, but what happens to the cries of all the others who claim they are wronged by thievery of all kinds on the Internet? Can you say yes to the music industry but no to movie studios, books, newspapers, TV, and the host of others sure to claim their victim status? Will you pay all of these groups, and ask your neighbor on dial-up to help? This is justice perverted and the police powers of the state made corrupt.
Is the rule of law not debased when it allows and even requires injustice to be institutionalized?
I guess we all get the kind government we deserve.
If this is the case, then I hope we are never worthy of such institutions.
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Read the fine print, legal to download. First, you have to find a si
NO (Score:2)
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It should not be on the citizens to support a business model that simply doesn't work. Sorry labels and other bullshit middlemen, if you have not adapted by now, you will die.
Cheers.
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This would make Music a public service as well.
Some people make profits on Public Services (Healthcare, Public Transport, etc...) and thats okay (at least, up to a point) because of the Services they enable.
Now, do we really want Music as a Public Service ?
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What makes it illegitimate is a government-enforced monopoly called 'copyright'. That is all. So if the government wish to amend the terms of this monopoly, in accordance with the desires of the public to share files freely, they can do so. What government edict giveth, government e
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To put it another way, either copyright is right or it's wrong. If it's wrong then there compensation should be forcefully required, if it's right then the artist would be deprived of his rights with this kind of scheme.
Who Gets Left Out? (Score:5, Insightful)
Problem #2: Whoever collects the money has an automatic monopoly. No competition means the monopoly can take a bigger cut of the profits.
Problem #3: This creates a problem for new or up-and-coming groups. They often get their exposure by offering their music, or samples of it, for free. Fewer people will hear them when the cost is the same as more established groups.
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In my government (the USA) it costs $40,000 to create a $16,000/Yr job (I am quoting 1992 statistics.) The bureaucrats get the lion's share of the money.
A time honored tradition... (Score:5, Insightful)
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Or is it that these guys have come to the conclusion that you can't stop piracy short of incredibly draconian trusted computing, and figured out that a statutory license is a better idea?
I'd make the analogy with the royalty system for radio airplay. When radio first came out, copyright holders didn't want to allow their songs to be played on the radio for free. Eventually in most jurisdictions the current system of X number of cents per airplay had to be imposed on copyright holde
Who divides the loot? (Score:2)
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And their music is a helluva more interesting than the pop-showtune crap that Dion vomits and the pop-rock crapola that Adams is known for.
Too much money, not enough transparency. (Score:4, Insightful)
The general idea is great, but implementation details matter. I doubt the average Canadian house spends $60/year on music, so the $5/month is excessive. The other thing that caught my eye was this:
Who are these mysterious people waiting in the wings that have been spying on everyone? Media Sentry? The same clowns who would tell you that 98% of all online music is "theft"? Most artists should say, loud and clear, "no thanks" unless they can trust the monitoring company to honestly report listening. The industry has that has so long given artists the shaft should be discarded. Everyone else should say, "no thanks" to having all of their internet traffic monitored.
The obvious choice between earning a living by song and dance and personal entertainment or liberty is liberty. Today they want to listen, tomorrow they will censor. The trade off is not worth while.
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And how are they going to track sharing via wireless devices, not on the internet? On Saturday I bought a four gigabyte memory card for my pho
Using the government to collect money (Score:2)
Have enough social fees on my utility bills already.
It is so totally stupid that this is even been contemplated. The best part, it likely will not get past the government, they don't like competition.
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a) How the fuck do you decide who gets paid what? how does the small indie band that might have been making $100 a month from their music get that $100? Who is going to argue their case and ensure they get their fair allocation? Who will be listened to in terms of changes to the allocation? will it rise with inflation? or with the amount of music listened to or downloaded?
b)Personally, I don;t download music from the web. I buy the occasiona
Yes, I'd like that too... (Score:5, Insightful)
It's hard to see this as anything but a blatant money-grab. Lots of us use Internet connections for reasons completely unrelated to music; why should we be forced to pay for that? What next, another $5 for the Canadian version of the MPAA, plus $2 for TV shows? Then $5 for the BSA? Another $5 for copyrighted books, and another $5 for comic books?
Everyone has to pay??? (Score:2, Insightful)
Why should Grandma pay? (Score:5, Insightful)
Say Grandma has an internet connection, and uses it only for sending email. She lives on a fixed income. Why should she pay $5 a month to subsidize other people so they can get free music by violating copyright? For someone on a fixed income, another $5/mo bill is a significant hit. Maybe that's $5 she could have spent having lunch with her bridge club at IHOP.
Basically the problem is that copyright is unenforceable, and a majority of the population feels no moral compunctions about violating it. (I happen to disagree with the majority, but that battle is lost, and it's time to move on.) How exactly does it follow from these circumstances that every single member of the population should be forced to pay a subsidy?
Realistically, the music industry is going to have to shrink. Boo hoo. There's no law of nature that dictates that x% of GDP should be spent on recorded music. A hundred years ago, nobody had recorded music, and the only way you got to hear any was either (a) by making music yourself, or (b) going out to hear a band. Then there was a long period where the default way to get music was to listen to commercially produced recordings, you didn't get much choice because the distribution channels (radio and LPs) couldn't cater to the long tails, and the record companies made out like robber barons. Now we're entering a new period, where the record companies have no legitimate function, and the distribution channels can cater to the long tails. It's just a change that's dictated by technology. The good news is that even if the industry shrinks, cutting out the middleman could actually increase remuneration to artists. We don't need a tax to make that happen.
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She's paying the tax so other people won't be violating copyright. If she doesn't like it, she could save some money by downgrading to dialup. (Ass
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Who decides who gets the money? (Score:2)
However, if they are seriously suggesting this, that means they might be up for some other system. How about a system which lets you download as much as you like and registers what you download? Still charge every $5 for it, and if you make it easy enough to use, people would use it instead of pira
Why only music? (Score:5, Insightful)
The other problem is (Score:2)
I mean let's say we decided to do this with software. We get all the software makers to agree that you can freely distribute their software. They won't be paid in sales, rather they'll be paid by a fee that all users are charged. This would sound good to many OSS people since it would make OSS a real viable way of doing business.
Ok, but how do we determine who gets what amount? We can't base it off of # of copies distributed. For one we don't know what that
Not so great for independent artists (Score:2)
Stallman proposed this in 1992 (Score:2)
The controversy at the time was Digital Audio Tape (DAT),
but the issues are the same. See The Right Way to Tax DAT, at
http://www.gnu.org/philosophy/dat.html [gnu.org]
Another fine idea (Score:2)
Pay a small flat rate, download all the music you want. I like it.
Of course, I think it should be optional, and if you're caught downloading music without paying the fee, you deserve to get raked over the coals (now that an alternative exists).
In the alternative, I'd be just as happy if they started a repository of music, with a $5 monthly access fee, and had all the music in losses mp3 and ogg. I'd win, because I'd finally have a legal method to sample music, and they
Tit for Tat (Score:2)
If they don't agree to my demands, I won't agree to theirs. They can go hump a camel for all I care.
we should just put a RIAA tax on all CDRs... (Score:2)
The "Rights Holders" are the problem (Score:2)
For example, the US copyright board is considering setting a new standard royalty rate for recordings. I think this is the money owed to the composers for eac
As a copyright holder to be, I'm all for it (Score:4, Insightful)
Reasonable, if... (Score:2, Insightful)
1) Transparent accounting of disbursements; every month, the collection agency would have to show how much money was collected, and how the money was disbursed.
2) The collection agency must not favour one industry over another; copyright is copyright. It makes no difference whether the copyrighted item is a bunch of bytes representing a work of music, movie, animation, literature, source code, etc. The disbursem
SOCAN Sucks. (Score:5, Insightful)
Why the fuck should I have my internet bill go up $5 a month!? I'm not downloading that much, my parents aren't either. Very few people are, why should the rest of us pay? Anyway, 90% of the music I download is not covered by SOCAN in the first place, how do those artists get their money?
This is a stupid idea. Music is now, for all intents and purposes, free. I'm cool with that, and I've made a living of music for years. WHAT THE FUCK DID SOCAN EVER DO FOR ME BUT PAY FOR LOBBYISTS?
Most Artists *won't* get their money (Score:3, Interesting)
This is quite possibly the most important question about the whole scheme, because the answer is that most of the artists won't, and that ruins the entire justification for it in the first place, before you even consider the other problems with the setup.
I've seen how this plays out with other collection rackets like ASCAP, and it's very clear that especially as you move down the long tail, a
NO! (Score:2)
Community networks (Score:3, Interesting)
Dumbest idea of the week. (Score:2)
reality (Score:4, Insightful)
hey artists: you'll get paid for concerts and advertising, nothing else. get used to it
that's the reality we are becoming
don't like it? who cares. that's what is happening anyway. go ahead and make a bunch of laws counteracting this trend. i hereby pass a law saying the sun will move in the opposite direction. same impact on reality
end of story
Somewhat old news (Score:5, Informative)
- Michael Geist
Greedy pigs want to set an ugly precedent (Score:4, Insightful)
Secondly, this sets a very ugly precedent, if allowed to pass. Musical rights are like construction unions, there's a gazillion of them. The Songwriters and Recording artists are only two of them. There are also performance rights and reproduction rights and who knows what else. By the time they all get their pound of flesh, my $29.95 ADSL account will have a $15/month tax on it.
But wait, it gets better, or should I say, worse. I'm sure the movie industry will want its $15/month, as will the TV industry. and e-book publishers, and software publishers. So now we're looking at a $75/month tax on my $29.95/month ADSL account.
This money-grab must be stopped now.
What is an internet connection? (Score:5, Insightful)
What if I have two internet connections for my house - one for business and one for work. And two cell phones. Oh, and a wifi connection for when I'm at the airport. That $25/month from what I can see.
This'll never happen just because of the rules involved.
Socialized music (Score:3, Insightful)
Now it's not unheard of for Canada to socialize media -- see the National Film Board, for instance -- but this seems rather extreme.
I might go for this if there is an opt out (Score:4, Interesting)
I might go for this, but the implementation would be tricky. What I have in mind is the following.
1) Do not tack this directly onto the internet bill without consent of the user.
2) Should be $3.00 or lower, scaled to the quantity of songs downloaded
3) Should take the form of a hook (like an encryption key) that identifies the user of a file sharing app has having a legitimate license.
4) The key should be able to confirm that the license is legit and up to date, and nothing else (no way to trace a key to a particular user).
END COMMUNICATION
Re:$5 Canadian?? (Score:4, Informative)
Re:$5 Canadian?? (Score:4, Insightful)
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Re:$5 Canadian?? (Score:5, Interesting)
I agree with the proposal with one caveat: it shouldn't be applied to *all* internet connections. Just the so-called "high speed" ones. Anything 1mbit and over. Anything under that isn't fast enough to make filesharing worthwhile. More importantly, you can get a "high speed" connection in Canada that's 128kbit or 256kbit. For surfing the Internet or checking your e-mail, it's plenty fast enough. Even a 1mbit connection, which is one step above the entry level, is plenty fast enough for surfing and e-mail, and a lot of people will choose these slower services because they are priced much lower than an actual high speed connection.
We shouldn't be applying a levy of $5/month to a dialup Internet account that, itself, only costs $2.95/month, especially when the purpose of that levy is to combat a practice on the Internet that the $3/month connection simply isn't capable of. I'd happily pay an extra $5/month on my 7mbit cable connection, however, if it got rid of the legal grey areas surroudning file sharing. (how it's legal for me to download, sorta, but illegal for me to upload, for example)
Re:$5 Canadian?? (Score:4, Interesting)
Re:$5 Canadian?? (Score:5, Insightful)
Ahh. You begin to understand the meaning of "socialism". By spreading the cost out among everybody, rather than just the people who use the service, you can reduce the overall cost for everybody. Kind of like how our medical system works: I'm 26 years old, and I had knee surgery in November of 2007. Before then, I'd never been in the hospital, but I'm still paying for the public health care as part of my taxes. Because I'd paid that health care in my taxes, however, my stay in the hospital for the knee surgery (ACL, Meniscus, and shaving a fracture on the underside of the patella that never healed properly) was completely free. Didn't cost me a dime. Nor did the painkillers I got (and never used after the day of the surgery).
It doesn't matter that you aren't using that functionality. By charging you a small amount of money, it reduces the overall cost for everybody else.
You do realise that Canada isn't a capitalist state, right?
Besides which, they may choose to implement it only on residential services. *shrugs* If you have a "residential" account and are using it for "business" purposes, one has to ask the question: why aren't you using a "business" account? I'm in that boat, too, btw. I have a DSL connection and a cable connection. I do all my hosting off the DSL connection, and my personal uses off the Cable connection. I still think it's a good idea.
Re:$5 Canadian?? (Score:5, Insightful)
$5/month is a bargain for those who enjoy getting new music at the rate of a CD every 2 months. When I was in my 20's, I would have agreed. Today, that's a rate almost 10 times greater than what I've spent on music over the last two years.
$5/month is a great deal for music, and maybe $10/month is good for movies, $30/month should be good for TV on demand compared to cable, and then there's video games, software, radio, subscription news, audiobooks, etc.; all of which might be digitally copied.
You can make a good argument for socialism on necessities like health care, education, road maintenance, etc., etc., but it makes a lot less sense when applied to luxuries. To categorize and treat them in the same way is a mistake.
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Canada:capitalist country, socialized healthcare (Score:3, Insightful)
If your country has relatively free markets, recognition of private property and a state that mostly stays out of public ownership of enterprises then, in broad terms, it is a capitalistic one (spare me any detail about what I may have missed, I may not know exactly what a capitalist country is but I sure as hell can recognize one when I see it).
A country spousing the principles of capitalism can and
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We actually tried this during PSHCE classes (Sorry, no sources to cite here!) and gave people realistic incomes and tax r
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Make it easy enough and $5/month beats piracy.
Also payment should be by the number of downloads.
Not difficult to track and more effective.
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However you're right, hiking a $2.95 connection by $5 is just fucking mean. Maybe those guys could pay an extra $1
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It's not done on a basis of need. I thought it was based on radio airplay, but it's actually a mix of airplay and album sales. The assumption is that the mix of downloads matches the mix of purchases. See the C
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I've got one better for you ... charge the internet accounts that are actually trading files, leave the rest of us the hell alone. Hell, if you want, let people sign up for it.
... keep your han
As someone who has never downloaded a song off the internet, and who buys all of my CDs
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If I'm not doing anything illegal, why would I pay an extortion fee on my internet connection which presumes that I am?
How do I know that the artists I listen to get paid from this? They're not Canadian, and they're not mainstream. So, whatever statistic they come up with isn't going to pay the people whose music I listen to.
I buy CDs because I like music; I love music in fact. I like to have the
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And I'd sure love to find a decent plan for 2.95 a month. I pay 24.95 a month (plus GST) in a province where the radio is advertising lo-hi-speed (128 kb?) connections for $14.95.
Oh well they figure fiber should be here inside of 20 years.
Re:$5 Canadian?? (Score:4, Insightful)
It should not be applied at all, it's similar to the CD and DVD levy that assumes everyone is a crook.
It's an interesting concept but it's not right to generalize that you know for sure that everyone (100%) of people are and always will download music off of the Internet. Having a high speed Internet connection doesn't make you a criminal.
I don't know of any other situation where all people using a service are accused of criminal activity. It would be like everyone with a telephone had to pay a fine because telephones are sometimes used for criminal purposes.
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So who gets a share of the money? Who is legitimately a rights holder? How do you divide the money?
Exactly. That's the problem with these schemes. They end up diverting revenue from the small artists to the large 'rights holders.'
Screw it, just let the Internet do what the Internet was designed to do: make copies.
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Not today. The Canadian dollar closed at $0.9958 US, so CA$5.00 would be US$4.979.
Re:$5 Canadian?? (Score:5, Funny)
Remember all that news about the U.S. dollar falling in the global market and all those morons were talking about it? Yeah, well, it actually turns out to have an impact in you making fun of how poor Canada is.
Re:$5 Canadian?? (Score:5, Funny)
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Canadian "dollars" are so worthless I've recently been making paper airplanes out of the Canadian bills I have and throwing them out a window to see how far they fly. Not very far, but I'm not that great at making paper airplanes.
I'll take as many of those Canadian dollars off your hands as you have for 25 US cents each. Now, isn't that generous? (^_^)
:-P
That should be enough to buy some really good plane-making paper *and* you'll have enough left over to buy some aspirin. Which obviously you'll need to sooth the headache you get from repeatedly banging your head after you find out that the Canadian dollar has been hovering around parity with the US dollar for quite a while now
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So bottom line -- why should every prospective purchaser of internet service be automatically required to purchase a "legal file sharing" license as well?
If you can work out the logistics of making it an optional line item (and if you don't opt-in, the legal status of any sharing activity on your connection would be the same as i
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What you are assuming here is that only those who use the service should pay for it, just like a normal market transaction. Where you go wrong is that schemes like these are instituted because markets fail to produc
Re:Interesting concept (Score:4, Insightful)
With file sharing music can be something "which all enjoy in common in the sense that each individual's consumption of such a good leads to no subtractions from any other individual's consumption of that good...:". In other words, a public good as defined here:
http://en.wikipedia.org/wiki/Public_good [wikipedia.org]
You can upload as many copies as you like and you'll still have full enjoyment of your music.
The government (i.e. all of us) already funds public libraries because its a lot cheaper (i.e. much more efficient) than everyone buying their own personal copy of a book. Public libraries are efficiency promoting institutions. This proposal is not that much different.
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I guess I should go visit the Stalinist tyrannies of Canada, Australia and Sweden before my beliefs make the gulag inevitable.
You sound just like that mad dude out of Bioshock BTW.
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If you buy 4-5 CD's a year, you would still break even by downloading and burning your own. Alternatively this would be like buying 5 iTunes tracks per month except you don't need to worry about DRM and you will no doubt be able to get better quality.
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1) This approach would eliminate the more creative appro
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Re:Bullshit! - you can be fair to the small guys (Score:2)
This would mean that the small guy would get paid just like someone with a big label ... but, oh, if the small guy goes with an indy label realis