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Sweet sanity: 75% of Americans say infringement fines should be under $100

arstechnica.com

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Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#91
post #53

Earlier quoted context omitted.

First, it does indicate a problem with the copyright system when such a large number of people (+50%, per Free Culture) are 'felons' under US law and liable for hundreds of thousands in damages. Second, wouldn't it be reasonable for the bank robbers to request that they're not sentenced to death for robbing banks? Can't they argue the punishment doesn't match the crime?

I disagree. +50% of people probably think their taxes should be much lower. Does that necessarily indicate our taxes are way too high?

If we live in a democracy, yes.

Are you sure you understand the concept of democracy?

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#92

Even better than the statistic quoted in the title, 48% of Americans don't believe any fine or other punishment should exist at all. The quoted statistic actually refers to 75% of the remaining 52%.

Is in US possible a referendum on this matter?

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#93
post #80

Earlier quoted context omitted.

Don't be blinded by the abuse of copyright by megacorps. The idea that if someone works hard on something, they ought to have some commercial control over it is sound. Imagine you wrote a 1000-page novel. Isn't it reasonable for the government to grant you exclusive publishing rights for 14 years? It certainly seems like a sensible incentive for you as a creator. It's hard to make the case that you deserve nothing si…

The idea that if someone works hard on something, they ought to have some commercial control over it is sound. Doesn't pass my personal "plumber test": the plumber works hard on plumbing an office, should he have commercial control on those tubes for 14+ years?

Exactly. If we give authors publishing right for 14+ years, then they don't have incentive to write another book for ... 14 years.

And I think that 14 years might be OK, but currently it's more like 70 years. Even AFTER the author is dead, which is ridiculous.

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#94
post #80

Earlier quoted context omitted.

Don't be blinded by the abuse of copyright by megacorps. The idea that if someone works hard on something, they ought to have some commercial control over it is sound. Imagine you wrote a 1000-page novel. Isn't it reasonable for the government to grant you exclusive publishing rights for 14 years? It certainly seems like a sensible incentive for you as a creator. It's hard to make the case that you deserve nothing si…

The idea that if someone works hard on something, they ought to have some commercial control over it is sound. Doesn't pass my personal "plumber test": the plumber works hard on plumbing an office, should he have commercial control on those tubes for 14+ years?

This has to be one of the worst analogies on the subject I've ever seen. To fix it we would have to invent a device that can scan something the plumber has done and then recreate it on demand.

At that point, after years and years of studying to be the best plumber he can be, Joe Plumber goes out and does a job only to have some joker come up, scan his work and then provide his own plumbing service for 1/4th the price. How is Joe Plumber to compete? He could try dropping his prices to 1/4th but then the joker will just drop his again (since he has nothing invested he can do this). At some point, no one would be stupid enough to invest in learning to be a plumber ever again. Everyone would just get this magical copy device. Of course, the problem is that when that finally happened we would be locked into whatever we had when the last plumber stopped producing.

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#95

Earlier quoted context omitted.

Don't be blinded by the abuse of copyright by megacorps. The idea that if someone works hard on something, they ought to have some commercial control over it is sound. Imagine you wrote a 1000-page novel. Isn't it reasonable for the government to grant you exclusive publishing rights for 14 years? It certainly seems like a sensible incentive for you as a creator. It's hard to make the case that you deserve nothing si…

If you intend to make money from your novel, it's your responsibility to find a way to capitalize on it. Obvious approaches include collecting funding/reservations in advance or asking for donations after the fact. If you release a digital copy of your novel online, it's quite likely that at least a few people will copy it. However, there's also a pretty good chance it will attract more future customers.

>or asking for donations after the fact.

Right, so if you provide a service you can charge what the market will bear but if you provide an art that happens to be convertible to digital form you need to get on your knees with your hat outstretched and beg for your income.

Do you people actually think about what you're saying?

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#96
post #53

Earlier quoted context omitted.

I disagree. +50% of people probably think their taxes should be much lower. Does that necessarily indicate our taxes are way too high?

If we live in a democracy, yes. Are you sure you understand the concept of democracy?

A representative democracy. There's a reason the public generally doesn't vote on the budget and in places where they do (California) it has not gone well.

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#97

Even better than the statistic quoted in the title, 48% of Americans don't believe any fine or other punishment should exist at all. The quoted statistic actually refers to 75% of the remaining 52%.

Is in US possible a referendum on this matter?

Unfortunately the US federal government does not have a mechanism for a referendum. Some states do, but this would be a federal matter.

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#98
post #53

Earlier quoted context omitted.

I disagree. +50% of people probably think their taxes should be much lower. Does that necessarily indicate our taxes are way too high?

If we live in a democracy, yes. Are you sure you understand the concept of democracy?

If the job of being in government was just to ask the people what they want and then deliver it, being a politician would be very simple. In reality people want a lot of things, some of which may be incompatible (lower taxes/better services). We elect people to filter through the noise and make sensible judgements about how we should collectively move forward.

Also, the people who are supporting a referendum led form of government should consider that in most places, the majority of the population would advocate policies which may infringe on your personal liberty. I'm no fan of populism in my politics.

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#99
post #95

Earlier quoted context omitted.

If you intend to make money from your novel, it's your responsibility to find a way to capitalize on it. Obvious approaches include collecting funding/reservations in advance or asking for donations after the fact. If you release a digital copy of your novel online, it's quite likely that at least a few people will copy it. However, there's also a pretty good chance it will attract more future customers.

>or asking for donations after the fact. Right, so if you provide a service you can charge what the market will bear but if you provide an art that happens to be convertible to digital form you need to get on your knees with your hat outstretched and beg for your income. Do you people actually think about what you're saying?

Society has no obligation to make your preferred business model profitable.

You don't have a right to make profit, only to try.

In this case copyright only exists as an explicit tradeoff by society in order to gain other benefits. If those benefits can be obtained cheaper and/or without the limits imposed by copyright through other means, or if society decides the tradeoff is not worth it, then tough.

Re: Sweet sanity: 75% of Americans say infringement fines should be under $100

#100
post #74
post #51

Err, I wonder what percent of people think parking tickets should be under $5. Not sure that means it's a good policy.

Depends on the infraction. Overrun a meter? just pay the difference. Double parking on a one-lane or major artery? Hang them by the big toe.

You don't seem to understand that as long as enforcement isn't 100%, the cost of punishment must exceed the cost of compliance if it's going to deter violation.

If the only cost of overrunning a meter were paying the amount of the overrun, any economically rational actor would simply never pay meters. If he doesn't get caught, he's parked for free; if he does get caught, he pays only what he otherwise would have.

The civil penalty for laws like unpaid parking meters and illegal downloading of copyright works should be slightly greater than the original cost times the inverse enforcement rate. If we catch 1% of parking meter cheaters, they should pay at least a hundred times their overrun to ensure that it's economically rational to pay meters. Since we need only deter humans, not "economically rational actors", we can take risk aversion and incomplete knowledge into account and probably decrease that fine somewhat.

The same principle that applies to parking meters applies to copyright infringement.

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