Category Archives: copy protection

Copying is not Stealing

Deviant Art - The Art Theft Discussion 640The art website Deviant Art has started a discussion on Art Theft with eight articles on Copyright infringement and related topics that effect digital artists on the internet.  Based on the comments, the articles are extremely controversial, especially the one on Stealing, where they separate the concept of stealing from copyright infringement.  I’m glad to see this.  Copying may be wrong or even illegal, but it’s not stealing.  Stealing is taking something away from someone.  When a copy is made the person still has the original.  If we’re going to build a future in our changing times where artists are paid and treated fairly, then we are going to have to start by being specific about what we are talking about.  Words have meanings.

About 15 years ago the music industry went bananas over Napster and started the incessant drumbeat claiming that copying and stealing are the same thing.  Now there is a generation of people who can’t tell the difference and I can see a lot of that in the angry comments on Deviant Art.  But the music companies didn’t want to build a future for artists.  They wanted everything to stay the same so they could keep their revenue streams.  They just wanted people to stop copying so they came up with a dramatic short cut to re-frame the discussion and shut it down.  Copying is stealing and that’s that.  Well it’s not, and the reality is much more complicated.

And change isn’t going to stop either.  As artists we need to take charge of this discussion because it’s up to us to build the future for ourselves.  Let’s say what we mean and mean what we say, and not fall into the trap of using language that was designed to stop the discussion and stop change.

when it’s out there, it’s out there

I’ve been seeing and hearing and watching a lot about what happened at with the HD-DVD hex code. I see a lot of discussion of free speech, piracy, DRM, DMCA, safe harbor, etc. but I don’t really see anything about what I consider to be the heart of the matter.

What happened at Digg really points out that once something is out there, it’s out there. There’s no taking it back. Take down notices are irrelevant because even if Digg had held fast, the code would just keep popping up like a massive game of Whac-a-mole. Not to mention the fact that Digg is only a small corner of the internet anyway. It doesn’t matter what the information in question is, a hex number, an .mp3 song, or a motion picture… when it’s out there, it’s out there. Period.

This is a reality of the digital age. Wishing it to not be so, or worse, staking the future of a business or industry on it not being so, is suicide. It’s not a matter of right or wrong, stealing or not, it’s simply a practical matter of the way things are. You can fight it and waste a lot of time and energy with threatening letters, DRM, lawsuits, that will all ultimately make your own customers despise you – OR – you can try to deal with it and structure the economics in such a way that everyone gets paid fairly.

How can this be done?… Well I don’t know. But I do know that obsessing with the past means not working on the future. We need new ideas and new business models, not more of the same.

Knowledge goes everywhere and is not ashamed. – Issac Asimov

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