In the real world, we have a finite set of rules set by physical laws. We either have a CD or we don't. It is very clear whether that CD is in storage or in use. It is very clear whether you have that CD, or if someone else has it. So far, issues like "I left my CD sitting in my window and someone on the street with a CD-o-matic stole the data from reflected light!" have not come up.
Politicians, lawyers, and CEOs who are non-programmers have begun making the assumption that the digital world is of a similar nature, with some rules that can be applied in every case. Indeed, Windows provides that set of rules: it tells us what a file is and what you can do with it. But computers are not just Windows. As everyone here knows, a computer can be run by any number of operating systems from Windows to Linux to MacOSX to Bob's Basement Operating System. There is no finite set of rules. We invent the rules.
I certianly agree that some system must be devised to make sure that one pays an appropriate amount of money for the copyrighted music that they listen to. All of the work and talent that goes into creating that music should be rewarded just as the work and talent that goes into creating a car, a house, or any other product is rewarded. The "music should be free" ignorance seems widespread. If music were free, there would be very little music. Indeed, these people are really thinking "I've been able to get music for free all this time, and I'm too cheap to start paying now. Would you please pick up the tab for me?"
We need laws that works. But saying that one person owns the rights to a particular file is so vague, I don't see how it could ever be considered a long term solution. Are you giving that person the rights to the magnetic charge on your hard disk? If so, are they not violating copyright by playing the music and copying that magnetic charge to memory? Are we going to define copyright so that the data cannot be copied outside of a particular 'system'? If so, how do you define a 'system'? What if I happen to have three computers that all connect to a central storage system? Now if I play music from my central data storage, is that leaving the 'system'?
What if I break the file into parts, each containing 10% of the original, and sent each part to ten people. Then those ten people send their parts to another person who reconstructs the original file?
What if I encrypt the file so that the data in it is no longer recognizable as the original music? What if I send that encrypted data to someone else who then unencrypts it and plays it?
I think we all know which of these are 'right' and which of these are 'wrong'. But actually writing laws to cover these cases is futile. I'm concerned about the person who, thanks to an unknown computer security issue, finds themselves with 100 GB worth of music that they didn't even know they had. Someone else gave it to them unwillingly while they were sleeping. Are computer users responsible for knowing what is contained on every area of their hard disk? If so, is it a requirement that every operating system have a facility to give users that knowledge?
Better still, who OWNS a computer? If there is music on a computer you've used, are you responsible for it? Do you have to be the one that purchased the computer?
I'm just very frustrated with short-sightedness. Technology will change, as usual, and we will have to continually patch up our laws. News sites will continue to post 'hey, we didn't think of this!' scenerios. There must be something better.
Politicians, lawyers, and CEOs who are non-programmers have begun making the assumption that the digital world is of a similar nature, with some rules that can be applied in every case. Indeed, Windows provides that set of rules: it tells us what a file is and what you can do with it. But computers are not just Windows. As everyone here knows, a computer can be run by any number of operating systems from Windows to Linux to MacOSX to Bob's Basement Operating System. There is no finite set of rules. We invent the rules.
I certianly agree that some system must be devised to make sure that one pays an appropriate amount of money for the copyrighted music that they listen to. All of the work and talent that goes into creating that music should be rewarded just as the work and talent that goes into creating a car, a house, or any other product is rewarded. The "music should be free" ignorance seems widespread. If music were free, there would be very little music. Indeed, these people are really thinking "I've been able to get music for free all this time, and I'm too cheap to start paying now. Would you please pick up the tab for me?"
We need laws that works. But saying that one person owns the rights to a particular file is so vague, I don't see how it could ever be considered a long term solution. Are you giving that person the rights to the magnetic charge on your hard disk? If so, are they not violating copyright by playing the music and copying that magnetic charge to memory? Are we going to define copyright so that the data cannot be copied outside of a particular 'system'? If so, how do you define a 'system'? What if I happen to have three computers that all connect to a central storage system? Now if I play music from my central data storage, is that leaving the 'system'?
What if I break the file into parts, each containing 10% of the original, and sent each part to ten people. Then those ten people send their parts to another person who reconstructs the original file?
What if I encrypt the file so that the data in it is no longer recognizable as the original music? What if I send that encrypted data to someone else who then unencrypts it and plays it?
I think we all know which of these are 'right' and which of these are 'wrong'. But actually writing laws to cover these cases is futile. I'm concerned about the person who, thanks to an unknown computer security issue, finds themselves with 100 GB worth of music that they didn't even know they had. Someone else gave it to them unwillingly while they were sleeping. Are computer users responsible for knowing what is contained on every area of their hard disk? If so, is it a requirement that every operating system have a facility to give users that knowledge?
Better still, who OWNS a computer? If there is music on a computer you've used, are you responsible for it? Do you have to be the one that purchased the computer?
I'm just very frustrated with short-sightedness. Technology will change, as usual, and we will have to continually patch up our laws. News sites will continue to post 'hey, we didn't think of this!' scenerios. There must be something better.
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