What the Lib Dem web blocking amendment shows: we need more members, from every walk of life

Jim Killock, 08 March 2010

Join ORGThe Lib Dems’ web blocking amendment created an eruption of anger last week, which rumbles on this week as Lib Dem members, bloggers and others are asking how their party, based on the principal of freedom and liberty, got this so wrong. 

In Labour, Tom Watson, John Grogan and others have raised strongly their voices about disconnection, from their Labour values of social justice and progressive politics: but their party is pushing for the punishment of the innocent in the Digital Economy Bill.

The Conservatives, the friends of liberty in markets, remain supportive of the opposite, through of disconnection and harsh IP enforcement in the Digital Economy Bill.

What can we do to make our political representatives understand the consequences of their actions, and how they are being misled into working against their own values? Protests, letters, press work, this all helps, but we need  a deeper change.

In companies, board rooms, and in every social network – voices that understand the impacts of the digital age are needed. From the Greens and the Pirate Party – we need greater dialogue and connection with groups like ours.

In short – we need a much bigger movement, crossing every political and social divide. We need you. We need you to join ORG.

We need, within ORG, to build these networks, so that we can help people like you who understand the threats to digital freedom and innovation. That’s why we are asking you to start supporting ORG today.

Please join and help us protect your digital rights and freedoms.

Comment
Sorting out the rights
Reply #21 on : Mon March 08, 2010, 12:23:38
Until you've sorted out the difference between a right (like privacy) and a privilege (like copyright), you're not going to resolve the inherent contradictions in your pursuit of 'digital rights' that conflate the two - you cannot both enforce copyright and preserve people's cultural liberty.

If you support publishing corporations' exploitation of copyright then you must support the Digital Economy Bill. If you support the individual's natural right to share and build upon published works then you must be against the Bill.

It's a nice idea to be able to support both sides, but it cannot be done.

The unnatural privilege of copyright suspends the individual's natural right to copy.

Until you recognise that copyright is not a right, you will remain incoherently supporting copyright at the same time as its opposite, the individual's natural right to copy.

It would be like attempting to simultaneously support geocentricity and heliocentricity.
K Arthur
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Pathetic
Reply #20 on : Mon March 08, 2010, 13:18:07
You ORG people are pathetic. I'd like to see your point of view if it was you who produced a film or wrote a book in the course of your work (your way of life, how you get paid), and little slimy leeches like the operators of the Pirate Bay/Oink/etc made a crapload of money in ad revenue/subscription fees for enabling the piracy of your work, giving you nothing in return. The majority of your spotty live-in-parents-basement members should get out more, get a girlfriend, just get out and please join the real world where people need to get paid for their work. I hope you're not ever actually taken seriously at the government level, your counter-arguments are too poor to be taken seriously.
Jim Killock
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Re: Pathetic
Reply #19 on : Mon March 08, 2010, 13:31:17
@ K Arthur

I hope you don't mind me saying that this sort of mis-characterisation of ORG's position is exactly why people should join us. We are fully in favour of copyright and want people to be paid: but we have no truck with positions which would remove our human rights.
Comment
Re: Pathetic
Reply #18 on : Mon March 08, 2010, 13:44:30
There are plenty of content creators who support ORG -- people whose very livelihood depends on their creative output.

Attacking the people you perceive to be supporting ORG's arguments, rather than engaging with the issues themselves indicates to me the weakness of your position.
Trevor
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Re: Pathetic
Reply #17 on : Mon March 08, 2010, 14:17:37
@K Arthur:

We're pathetic? Unfortunately for you, you're the pathetic one.

"I'd like to see your point of view if it was you who produced a film or wrote a book in the course of your work (your way of life, how you get paid)"

What makes you believe that there aren't any creators amongst us? You have no idea what you're talking about but you start spouting nonsense. For example, I'm a software developer and all my work is open source because I realized that trying to sell infinite goods is insanity. When you can copy something at 0 cost, then why bother enforcing artificial restrictions when you can use your time and figure out how you could monetize the infinite goods using some ancillary finite goods?

"little slimy leeches like the operators of the Pirate Bay/Oink/etc made a crapload of money in ad revenue/subscription fees for enabling the piracy of your work, giving you nothing in return"

Do you have any proof to support that? All the money they gathered was used in the operation of the sites but I guess it's too much to ask of you to understand that.

"The majority of your spotty live-in-parents-basement members should get out more, get a girlfriend, just get out and please join the real world where people need to get paid for their work. I hope you're not ever actually taken seriously at the government level, your counter-arguments are too poor to be taken seriously."

This is such a classic manipulation technique that it's not even laugh-worthy. You think that if you attack our persons we'll be distracted from the core of the matter? That works well when you deal with people doing blue-collar jobs and watching reality-TV, but here you just come out as bringing a knife to a nuke fight. The attempt is truly pitiful.

First, in the real work people have to make sure they get paid for their work by choosing a line of work that doesn't hinge on a government granted monopoly (copyright). You can be sure that great artists and creators will have a big enough following even without copyrights (Can you spell "Nine Inch Nails" or "Radiohead"?). All the copyright noise is created by second-rate creators, one-hit wonders and the like, who think that if they created one great song they have to kick back their entire life without lifting a finger and live off their long-gone success. Unfortunately, that's not how the world works and it's you who should stop living in your fantasy world.

Also, the role of copyrights, as it was originally intended when copyrights were created, is to stimulate the creation of new artistic creations, not to guarantee a steady income for the creators. This is what you (and the likes of you) don't understand.

You say that our arguments are too poor to be taken seriously but I ask you: have you actually thought about our arguments for more that 2 seconds? From what you have written, I can only surmise that you haven't.
Comment
Re: What the Lib Dem web blocking amendment shows: we need more members, from every walk of life
Reply #16 on : Mon March 08, 2010, 14:31:47
@ K Arthur

Most of what I want to say has already been covered auccintly by Trevor, so all I'll say is...

"You ORG people are pathetic. [...] The majority of your spotty live-in-parents-basement members should get out more, get a girlfriend, just get out and please join the real world where people need to get paid for their work."

...we fight for people's human rights instead of throwing petty insults around, and you're calling *us* pathetic? :-)
Comment
Re: Pathetic
Reply #15 on : Mon March 08, 2010, 15:26:28
Of all the arguments in defence of copyright maximalism, the one that baffles me the most is the one expounder by Mr Arthur above. There is this remarkably short-sighted idea that only those who profit from copyright industries have the right to make any arguments.

This fails to recognise two very important facts. First, the vast majority of people are engaged in creative processes, be it taking photographs, writing poems, writing a blog, etc. Only because some people are lucky enough to get rewarded for their creations does not de-legitimise everyone else. Second, as consumers who line the pockets of those who do make a living of their creations, we also have a right to voice our opinions.

By the way, many of us make a living from our creations, but in some instances the business models followed are less obvious than the straightforward royalty-based Pareto model favoured by most content industries.
Tzctopen
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Re: What the Lib Dem web blocking amendment shows: we need more members, from every walk of life
Reply #13 on : Mon March 08, 2010, 17:12:48
@ K Arthur

You do realize that there are content creators supporting ORG that actually make a living out of their creative work?

There are also people versed in EU and UK copyright law as well as long time professionals in many fields.

As for your concern regarding their sentimental life you will be relieved to know that many of ORG supporters are married, I personally have been working in industries that rely on copyright for more than 20 years.

Thank you for your concern tough, it is always enlightening to interchange ideas with somebody like you.
Yvonne
Comment
re: Pathetic
Reply #12 on : Mon March 08, 2010, 21:45:01
Does the carpenter get paid a sum every time anyone sits on a chair s/he made? or an artist every time someone views his/her work?
Copying is putting your work in front of a greater audience thereby increasing the possibilty of more work coming your way, for which you may get better paid. Obviously, if it is not worth copying, then your audience will remain restricted.
Steve
Comment
Let's gang up
Reply #11 on : Tue March 09, 2010, 11:29:45
From: Jim Killock
To: Open Rights Group discussion list

Someone from a 'rights holding background' has made a rather unpleasant remark here:

http://www.openrightsgroup.org/blog/2010/what-the-lib-dem-web-blocking-amendment-shows

Be great to have some counter comments from real ORG supporters ...

Jim Killock
Steve
Comment
Re: What the Lib Dem web blocking amendment shows: we need more members, from every walk of life
Reply #10 on : Tue March 09, 2010, 11:40:48
The problem is ORG has never to my knowledge made a case for creators digital rights. Whenever it is in the press, it is against something that helps the creative professional. So can you blame K.Arthur for thinking ORG is against people being paid for their creativity? That's all the public ever sees of ORG - an anti-copyright lobby group.


Unfortunately many of the comments here (eg, Yvonne, Crosbie Fitch) are very mean and I'm afraid confirm the stereotype of an angry anorak. Most people find such views repellent.


Yvonne: society values the production of great artistic works higher than it values chairs, that's why we have copyright. K.Arthur may be insulting but he is expressing disgust at such comparisons, which are if I may say so, are ignorant and philistine, and do this organisation no favours at all.

How about it, ORG? Back something that improves life for artists financially. Stop telling them that they should be poor and happy about it.
J D
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Re: What the Lib Dem web blocking amendment shows: we need more members, from every walk of life
Reply #9 on : Tue March 09, 2010, 12:43:21
@Steve

Forget illegality or legalities for a moment, I'm struggling with the Economics of these arguments & whether it will in fact help the burgeoning & established artists in this field with more money?

There is an economic slump at the moment which may go into a double dip scenario, where is all the extra money coming from to implement these schemes the ISP's, Media companies, Customers or Artists or all Four.

Given the extra financial burdens will this enable Consumers to buy more or maybe even less of the Media Companies Products?
Comment
some Middle ground
Reply #8 on : Tue March 09, 2010, 13:03:36
On one side is the established publishing community, on the other Creative Commons. CC does not integrate with publishing, and publishing not with CC.

Would be nice to see some licenses that integrated into the old/regular style system, yet allowed the content to be free as well.

Maybe a license that might dissolve, when the artist would join with an exclusive contract, this might help make way for more middle ground.
Pete C
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Re: the above.
Reply #7 on : Tue March 09, 2010, 13:15:08
I agree with Steve. A trolling war is counter-productive, for both sides.

K Arthur is angry because he (she?) feels that there is a horde of people seeking to destroy his reality. He's not a cartoon villain, and his concerns are understandable (if poorly founded).

Let's get ourselves off our high horses and start offering these people workable alternatives. Otherwise we'll soon just be an angry footnote.

ORG should be in the business, as Jim suggests above, of protecting our human rights from mistakes like the Digital Economy Bill. I support ORG and I support the existence of copyright, but I do not support what is being done in copyright's name.
Comment
The underlying issues
Reply #6 on : Tue March 09, 2010, 14:50:38
I've written a small commentary on the comments here as the debates sparked off some ideas for me regarding how we view creativity. If anyone is interested...

http://wp.me/pzGoI-3v

I whole heartedly agree that we should not ignore the aspects of our current public image that we disagree with. We need to try and get people past the superficial file-sharing debate and onto the meatier issues.
Comment
Steve is right re rights
Reply #5 on : Tue March 09, 2010, 16:23:13
Steve, you say "The problem is ORG has never to my knowledge made a case for creators digital rights".

I'd agree with you. When I joined the ORG discussion list I also assumed ORG would be interested in establishing an individual's rights, especially with respect to the creation of intellectual works. Alas, ORG appears not so much concerned with the rights of the individual, as how UK law affects and is applied to the Internet.

It's unfortunate if you find my comments as 'mean' or my views as 'repellent'. I'm very much focussed on the rights of the individual and the means by which they can earn money from their artistic and other intellectual labours on the Internet, without having to rely upon the anachronistic 18th century privilege of a now ineffective reproduction monopoly.
Rob Myers
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Re: What the Lib Dem web blocking amendment shows: we need more members, from every walk of life
Reply #4 on : Wed March 10, 2010, 00:12:36
I don't regard Crosbie's views as "repellent". He's a thoughtful and principled debator. This conversation has many voices, of which his is one of the more considered.

As an aside, org-discuss *really* needs to be made public.
Jim Killock
Comment
Re: Steve's comment
Reply #3 on : Wed March 10, 2010, 11:57:57
“How about it, ORG? Back something that improves life for artists financially. Stop telling them that they should be poor and happy about it."

Hi Steve, I don't think we've ever argued that.

On the other hand, I can think of several instances where we've backed creator's rights. In the term extension debate, we strongly argued that rights should revert to artists, not record companies, even within the existing term of sound copyright.

We also argue very strongly for a parody exception in copyright, which to our mind is a 'creator's right', and much of the highly valuable comedy sector would benefit from legal certainty.

In our response to the P2P consultation, we argued that license deals were being blocked by the major rights holders (not the artists themselves), and this is depriving artists of the income they deserve.

And in the Google Books settlement debate, we made some clear calls for artists' rights, including in relation to orphan works, while emphasising that availability is key in the digital age.

I hope that helps show where we are coming from. We wouldn't claim to exclusively represent artists and creators, but we do as a group feel we often are digital creators (a quick glance at our AC will reveal a series of musicians and authors as well as coders who employ copyright) and do hope to reflect many of their concerns.
Comment
Rights, not privileges
Reply #2 on : Wed March 10, 2010, 13:14:22
Jim, copyright is not a creator's 'right' in the same sense as 'right' in 'human right'. If it was a natural right instead of a legally granted right it would be inalienable and the individual wouldn't be able to sell it to a record company. There wouldn't therefore be any conception of it reverting.

Legally granted rights, or privileges, necessarily involve the state's suspension of the individual's respective natural right. So copyright (granted for the exploitation of the press) involves the state's suspension of all individuals' natural right to copy (even the musician has lost their right to copy their own music - they may choose to retain the privilege to do so of course, instead of selling it).

This is why ORG cannot claim to be about protecting the individual's rights if it also attempts to protect privileges granted for the purposes of exploitation by manufacturers of copies such as record labels and other publishing corporations.

The right to make copies does not belong to the creator, but to the people - they are the one's who've had their right suspended, and it is to them the right should revert, to be restored. That's why a lot of people have the idea that copyright should only last a couple of decades - a commercially lucrative monopoly, at the end of which the public's suspended liberty to make copies would be restored.

You've got to recognise the difference between protecting and restoring the individual's rights, and protecting and reverting privileges attaching to original intellectual works.

Are you the Open Rights & Privileges Group, or the Open Rights Group?

And as Rob suggests, the 'Open' bit may need some attention too.
Comment
Second Opinion
Reply #1 on : Thu March 11, 2010, 09:00:25
We've had copyright for such a long time that it's proponent's use of 'right' as a contraction of 'legally granted right' has conflated and corrupted the original 18th century meaning of right as a natural right.

The following excerpt from <a href="http://en.wikipedia.org/wiki/Rights_of_Man">Wikipedia's page</a> on Thomas Paine's <em>Rights of Man</em> seems to put the difference between 'right' and right most succinctly:

<blockquote>Human rights originate in Nature, thus, rights cannot be granted via political charter, because that implies that rights are legally revocable, hence, would be privileges:
<em>It is a perversion of terms to say that a charter gives rights. It operates by a contrary effect — that of taking rights away. Rights are inherently in all the inhabitants; but charters, by annulling those rights, in the majority, leave the right, by exclusion, in the hands of a few . . . They . . . consequently are instruments of injustice.</em>
<em>The fact, therefore, must be that the individuals, themselves, each, in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.</em></blockquote>

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