[nylug-talk] effective DMCA tricks

Michael Bacarella mbac at netgraft.com
Fri May 2 13:28:00 EDT 2003


> > I stopped the thieves and shut them own. Stopped them from profiting
> > from my work. Exposed them in public, by name, as thieves. What better
> > result would you want?
> 
> I asked what benefit you got.  In what way were you better off after 
> doing so, compared to beforehand.  More money, more fame, more power, 
> what?

If someone is wandering through a forest and he sees a copy of your
copyrighted work laying there, and he reads it and then tosses it,
has a transaction taken place where you have a right to be paid?

What a bizarre, unnatural, impractical idea.  Of course, the creator
feels that they should be compensated, and we may feel sorry for
the creator, but that doesn't make it any less impractical.

It's very easy to combine the exchange of a physical object with the exchange
of scarcity tokens (money).  While simultaneously handing you a car, apple,
or paperclip, you hand me money.  A clean transactional model.

It's less easy, but still very feasible to associate exchanging money
for services rendered.  For example, payment-by-milestone, ceasing service
if unpaid for X days, etc.  A usable transactional model.  If stuff
does go wrong, hopefully you have a contract and a Judge will rule in
your favor.

With intellectual property, these models have been adapted with some minor success.
Some companies turn the information into a physical object, such as a shrinkwrap
box of software.  Others have turned it into a pay-per-access service, such
as britannica.com, etc.

But niether of those models consider the amazing unique property of
information: virtually unlimited supply.

How the hell do you try to control something when any of your consumers
can make a virtually unlimited supply of it?  Practically speaking,
it's impossible.

Well, not true.  You can develop legal weapons like the DMCA, an
infrastructure based on TCPA, install telescreens in every
home, and put tracking devices on every person.  Problem solved?

-- 
Michael Bacarella                  24/7 phone: 646 641-8662
Netgraft Corporation                   http://netgraft.com/
      "unique technologies to empower your business"

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