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- From: "Bullard, Claude L (Len)" <clbullar@ingr.com>
- To: xml-dev@xml.org
- Date: Tue, 11 Jul 2000 13:31:28 -0500
Paulo writes:
>Let's force everybody to use the due (monopoly-controlled)
>distribution channels.
>Have fun Big Brother
I hope not because I am having fun. It is just
that there are some who really do make a living
doing it just as some here make money on books.
Instead of the pre-PICS arguments where some
wanted to be able to do anything to anyone
anytime just because as programmers, they
could get away with it, or as Grateful Dead
prophets, they felt entitled, let's try a different tact.
We have this neat technology called XML that lets us
specify in content, or the message wrapper
what the rights are with regard to the content.
That is all a copyright on a package enables
so the same level of protection is provided,
but no guarantor. Copyright always has
meant the owner is responsible for enforcement.
All the government does is register a claim.
This is what the debate is all about: can the
system of distribution administer the copyright
and ensure payment? This is a lot better than
what performance rights societies do to get money today.
Can we say, goons?
A Napster-like system that
knows how many copies are out there ought to
be able to establish when some level of fair
use has been established. Napster-like
system owners can make deals with artists to
enable direct payments. Cut out the middle men by atrophy
who add no value to the product. Look at it
this way; if 85 cents a copy were remitted to
the artist, they would be in better shape than
they are today and we could avoid requiring an
army of armbreakers who take a percentage. It would
be cheaper than what you pay for that CD.
Getting away from the BigBrother system
is on every artists' agenda. They redefined what
a work for hire was and deprived the artists of the
ability to hold certain ownership rights as well
as be able to pass these on to their heirs.
Believe me, a better deal has to be made somewhere
and Napster-like systems with fair dinkum clauses
may be a godsend to the artists. Courtney Love
did a great article (surprisingly articulate)
on this subject but I don't have the URL
available. She makes good points on the current
systems and what the Napster-like systems could
do to improve the problems.
The essence is not to deprive anyone of their
rightful ownership, nor to restrict innovative
means of distribution. The last thing the artist
wants is to keep the material from the public.
The next to first thing they want is to be paid
for their work equitably. What can XML do to
meet the legitimate requirements of that community?
Len
http://fly.hiwaay.net/~cbullard/lensongs.ram
Ekam sat.h, Vipraah bahudhaa vadanti.
Daamyata. Datta. Dayadhvam.h
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