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Thanks for your response. I think there are two distinct points in your paragraph, so I'll respond to them one at a time: ------------ 1) "The Promoting of
by csallen 15y ago
Thanks for your response. I think there are two distinct points in your paragraph, so I'll respond to them one at a time:
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1) "The Promoting of the Arts Argument"
Wherein if we don't work to provide a significant
amount of funding to artists, they won't be able to
create expensive works.
It is true that, unless studios can see a significant amount of return on their investment, they won't have an incentive to create massively expensive content. But there are more than a few problems with this line of reasoning.
First, is there any evidence that technology and innovation will cease if piracy continues? The mount of illegally-acquired content is increased dramatically in the last 10 years, but artistic progress hasn't stopped. In fact it's increased. We still have expensive and technologically-groundbreaking blockbusters like Avatar being produced. And there are more self-published authors and independent filmmakers than ever before.
Secondly, where do we draw the line? There has to be a cutoff point. We could theoretically create laws that force people to buy movies, guaranteeing that the film industry has $100 million in funding for every movie it makes. Or $1 billion. Or $10 billion. But would that really be justifiable? At some point, you're going behind "promoting art". There are plenty of movies that cost 1% of Transformers to make, but contributed much more to society by almost all accounts. I don't think it's the government's place to guarantee the financial success of the artistic industry. And if they're going to do that, it should be done via taxation, and the public should own some stake.
Third, why can't artists rely on supply and demand? If the public values art so highly, it will pay for it. Louis C.K. released his new standup online in an easily-copyable way, and he made millions. People still go to see movies in the theater. They still see plays. They still go to art galleries, and live concerts, and book signings. Hell, they still buy books and even e-books. This is how artists have survived for centuries, and how art will continue to progress. If you're good enough, people will want to see you and your work.
Fourth, why should anyone be guaranteed success in the digital marketplace? The downside to the digital world is that file-sharing, which will obviously be a problem when audio and video are converted to bits. The upside is that you can easily reach billions of people, so the potential for exposure and revenue is huge. But as an artist, no one is forcing you down this path. As I pointed out above, there are plenty of other ways that you can succeed. So how is it justifiable for us to have laws that limit the populace's digital freedoms, just so artists and companies can make business decisions with less risk?
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2) "The Consequentialist Argument"
Wherein piracy must be bad, because it ultimately
results in less income for artists.
I don't think this argument is as strong as the first. We live in a capitalist culture where nobody is guaranteed to succeed at any business venture. I don't see why there should be an exception just because the business is related to art.
Your argument implies that, if the ultimate consequence of a decision is a reduction in someone else's income, the decision is unethical. If that was the case, then early car owners would have been immortal for failing to support people still in the business of selling horses. And it would be unethical to share a lawnmower with a neighbor instead of buying your own. And it would unethical to borrow a friend's DVD (or copy its data) instead of buying a new one.
This doesn't seem sufficient to me. It not that you deprived someone else of income: it's how you did it. Compare all of the above to, say, copying DVDs and selling them.
- pavel_lishin 15y ago> First, is there any evidence that technology and innovation will cease if piracy continues? That is, indeed, a flaw in my argument. > Secondly, where do we draw the line? ... We could theoretically create laws that force people to buy movies Reduction ad absurdium, bored. > Third, why can't artists rely on supply and demand? But in this case the supply doesn't really follow traditional economic models, because once a song is recorded, the supply becomes effectively infinite, since you can download the song as much as you want. And as far as Louis C.K., one anecdote is not proof. > why should anyone be guaranteed success in the digital marketplace? They're not guaranteed success in the current marketplace, either. (ok, back hurts too much to type anymore)
- csallen 15y ago> Reduction ad absurdium, bored. It's a valid question, is it not? The protection of artists must fall along some continuum: either no protection whatsoever, the strongest protection imaginable, or somewhere in between. So where do we draw the line? In the last few days since I wrote my response to you, I've read up a lot on the history of copyright, and why we have it in the first place. And the line drawn by the framers of our Constitution and our early courts was this: Speech and ideas cannot be property. Giving people control over them endangers free speech and harms the public. But failing to do so disincentivizes authors. Thus, the goal was to give the minimum possible protection that would encourage the progress of art and science. All the evidence suggests that the amount of protection that exists today far exceeds that minimum level. How can we justify that? > They're not guaranteed success in the current marketplace, either. Exactly, and that's great. That's how it should be. Copyright law wasn't created to force people to buy artists' work. It was created to prevent people from profiting off of someone else's work. It was created to promote progress in art and science. But today, it's clearly not. I've gotta run, but I'll leave you with this example: Every 20 years, when the copyright on Mickey Mouse is about to expire, Disney spends a ton of cash to convince Congress to retroactively extend the length of copyright terms. They always succeed, but the consequences are grave. Something like 99% of copyrighted material is no longer commercially viable more than 10 years after its creation. But since copyright terms are continually extended, all of these works remain under the control of their creators, and are never released to the public. Entire decades worth of movies from Hollywood in the 1920s an 1930s have been left to decay, because their owners have no incentive to promote them, but the public isn't allowed to access them. Our entire history is evaporating before our eyes so Disney can keep making money off of Mickey Mouse. So to recap: 1. A great many historical works of art are being lost. 2. New artists are not allowed to re-imagine old stories and art from a century ago, because it's still under copyright. (Ironic, because Disney created its art by re-imagining old fairy tales.) 3. Content companies like Disney have no incentive to make new art, because they retain control of their old art. So where's the progress? How does this system make art better?