2 ms·

I still don't get it. There's equivocation with the verb to produce. I'm going to play Socratic Advocate here. When a music producer produces a record of an ar

I still don't get it. There's equivocation with the verb to produce. I'm going to play Socratic Advocate here. When a music producer produces a record of an artist, who owns it? How do we conceptualize this relationship of artist to market? Do we argue for record companies or for artists? What motivates the moral structure of this debate? Are we sympathizing with record companies or artists? It's a record of the artist's musical activity. Now, a phone company is a producer of our records. We're its content producers. But if the record company re-uses its artist's work without that artist's permission...? How do we conceptualize this asymmetry?

berberous 13y ago
If I tell you I murdered someone, should the government have to get a warrant to get that information from you? What if they asked you if I visited your bookstore last week? What if you kept a journal indicating each time I visited your store, or bought a book? What if they asked Amazon for a list of when I visited their site, or bought a book? (Keep in mind Amazon has the right to refuse to give that information without a court order...the question is whether I can protest that subpoena, or only Amazon can). At some point, there needs to be a line drawn. The 4th amendment has been interpreted to protect "reasonable expectations of privacy" in order to draw that line. If I tell you I murdered someone, or if you tell the police when I visited your store, that's over that side of the line. I have no reasonable expectation of privacy. I freely gave up this information to a third party. The copyright law has an entirely different history, text, and history of interpretation. I agree that the third party doctrine is no longer workable in the digital age (people probably have just as much of an expectation of privacy in their DropBox as their C: drive), but I don't think the other viewpoint is entirely unreasonable, especially during the pre-digital age.
- thenerdfiles 13y ago
  Such institutionalized equivocation can only go on for so long...
deleted 13y ago
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berberous 13y ago

If I tell you I murdered someone, should the government have to get a warrant to get that information from you? What if they asked you if I visited your bookstore last week? What if you kept a journal indicating each time I visited your store, or bought a book? What if they asked Amazon for a list of when I visited their site, or bought a book? (Keep in mind Amazon has the right to refuse to give that information without a court order...the question is whether I can protest that subpoena, or only Amazon can). At some point, there needs to be a line drawn. The 4th amendment has been interpreted to protect "reasonable expectations of privacy" in order to draw that line. If I tell you I murdered someone, or if you tell the police when I visited your store, that's over that side of the line. I have no reasonable expectation of privacy. I freely gave up this information to a third party. The copyright law has an entirely different history, text, and history of interpretation. I agree that the third party doctrine is no longer workable in the digital age (people probably have just as much of an expectation of privacy in their DropBox as their C: drive), but I don't think the other viewpoint is entirely unreasonable, especially during the pre-digital age.

thenerdfiles 13y ago
Such institutionalized equivocation can only go on for so long...

deleted 13y ago

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