More “Content Protection” Thoughts with Zippy and thus so the drool cometh…
Here I am again thinking about CP and how injects itself into common life, you might say but CP is the domain of corporations and content makers and I would say you are mostly right but it also gives them sweeping authority to harass the populace over non profiting means, and I use CP/IP loosely here as CP begot fair use the DMCA and other things that string along “content protection”.
Clips, mods, backups, parody and the CP owner.
The defined limits for these things are mostly not defined, parody has a hard enough rule it has to be battled out in court over, backups are still protected but for how long who knows Mod chips were protected until the DMCA came along and now we have clips which is starting to gain the ire of industry which thinks it has the absolute right to bully via the courts the public at large and with fair use being as vague as it is they can and will do so to herd the populace to gain as much profit as they can afford to spend on laws, propaganda and lawyers as the CP owners do not know any better or just going along for the ride hoping their suits can raise the bottom line at any cost akin to what the finical markets have done…
So what does fair use need to do? Make a hard rule over clips in modern times where the consumer can easily distribute “clips” and pictures and news themselves they must be protected before the CP owners in this new and “normal” arena of the modern age. So what’s a hard rule for clips besides some of the current wording we need a final layer of protection for the populace and that rule would be time defined I have come up with something a 10/10/50/10 rule,10% of the episode and or 10% of the totality of the series or film at no more than 50% of the total totality at no more than 10 minutes a “clip” as long as it falls under 2 of these 3 things(the 10minete being the 2nd one) its considered a clip and falls under fair use. Any user to any website is entitled to 10/10/50/10, breaking this rule does not mean the CP owner may automatically sue, it means you now can move to phase 2 a notice C&D/take down to the site the site has the legal right to show a clip under the 10/10/50/10 rule per user rule and then if that half a ep or 15minete clip is still there then you can sue to have it taken down, however the site may set its own limits like 2 minutes to a video and such at least for CP works.
Now you ask yourself but 10 users can put up videos of hours of TV shows or parts of movies how does this protect CP owners, well frankly it does not but neither dose broadcast TV, broadcast radio or DVDs the point of the clip rule is to limit free expression to a point where it makes it burdensome to find all the clips and cut and paste it into a whole item, currently they cannot stop this as it is and they the CP owners toss out both the baby and the bath water when the sweep with a wide brush all the clips they can find the trouble is they can nto find them all and go after legitimate clips. Another thing about clips is it forces information to be ousted to the public so that the public can see and hear “non authorized” material forcing media to make less shallow entertainment. The clip rule needs to be in a wide sweeping fashion let normal people post rant and rave and “distribute” clips without fear of it being taken down or have them or the site being sued, this is a must in the modern age if we are to move forward with stiffer penalties for IP crimes.
Now with clips dealt with mod chips and making backups need to be dealt with in a more solid way, I have come up with 5 main things that need to be fully protected 2 of which are mostly covered in the above.
1. Software you bought you may copy and crack to run for your own personal use but not unlock features above the level you paid for, this supersedes all end user agreements and contracts but server access.
2. Media you bought you may copy and crack to run for your own personal use, this supersedes all end user agreements and contracts but server access.
3. Fair use distribution needs to be worked into fair use and CP IE the right of the populace to show portions of IP works without fear of being sued)(this is more of a CP than a fair sue issue).
4. Clips and works used for criticism(ranting, raving, ect) need a harder definition, there is no but here without a harder definition it allows the CP owners to bully the populace(covered in the above).
5. .Hardware you bought can be cracked/moded to run for your own personal use, this supersedes all end user agreements and contracts but server access.
As we move to a more online world the online aspect of it needs to be protected without question, however if someone can create a program through a firmware loop hole and sue the program off a disc or drive to copy a a show then well that’s fair game that’s the free market at work you cannot protect CP owners against the sky falling they will just have to move their own ass out of the rain and make better hardware to limit non approved access.
IP crimes and misnomers
Piracy: The act of Highway robbery on the sea or A cheap outfit copying media to resell to the public at cut throat prices where the CP owner does not get a cut.
And mind you if they can get a 20-30% cut the media mafia should let them copy and distribute with no warranty or claim of it working, its a free market after all if you look to where its being sold(keep it out of well off areas) both of you could make a nice profit of it, of course an eye would have to be kept on the bank accounts of the seller…breaking the contract could make you a felon…
Now with Fair use strong and sturdy we can move to aiding CP owners with “real crime”, First off any case of piracy over 5G is felony, anything over 15G its treated like selling drugs property is confiscated and sold of the state/fed gets 40% the media industry 60%.Online piracy will be treated the same only in cases of donation based sites10G is felony, anything over 25G its treated like selling drugs property is confiscated and sold of the state/fed, of course these rules will apply as best they can outside the US as long as no claim to paying a facet of the world wide recording/media industry is made.
So now we have high crime mostly dealt with now what to do with minor crimes like downloading, well first off we make it a minor criminal offence limit time to no more than 2 years probation and fines of up to 1$ a song, and 15$ for software or hardware regardless of cost. Now there are 2 ways to add it up by the file or by the download, by the download but the total is halved and both are caped at 7G(that’s with lawyer fees) and your wages will be garnished to pay them if you cannot pay it all at once, garnishment is no more than 30% a year or 25% a check, a contract can be worked out to pay it by alterative means.
If you are caught violating the terms of probation that’s a 100$ fine per incident at a 2G cap that will be paid to the state.
Failing to pay dose 3 things jail time of 2 months per grand to have that debt removed from your recorded if you are “unwilling” to pay, if you are just unable to pay you case is looked at by the court and garnishment is halved, if money cannot be extracted and the defendant has mitigating circumstances then the court will dismiss the charges but probation which may linger or be added upon.
In order to make sure that downloading is policed IPs must match up with the user and the ISPs must hand over that data however there is a fine of 1G per item that must be paid to the court if they cannot match up, the burden of wasting the courts time and bullying innocents is on the line here they cannot willfully misuse the court, when they apply for it they can let the defendant know that they are being sued and they should give up all their hardware to the court ASAP if you have hardware issues let the court know you have 5 days to comply to file for a bad data claim then witch the hardware will be scrub thoroughly by the tech lab if they can find real issues they report them if they feel it’s a trick or not the correct hardware they report it and the judge decides from there generally if the defendant can pay it’s a automatic 50% case..
If names and IPs match then with the hardware goes to court if the data is there they win if the data has been altered or removed they win half automatically and get a 1G fine from the court, if the court decides there is not enough information or something that is not a win the plaintiff then pays half the court costs if applicable, this is a means to show the CP owners some slack in the process.
Now that just wraps it up but I still have other thoughts rotting to get out of my skull. One is make CP like a fully configurable contract that’s sold between CP owners if they do not want it to be in the public domain it won’t be but if it falls out of interest from if CP owners and a group can buy it and make it public domain then so be it, once something falls to public domain it cannot be protected because then it is there for everyone to use but new works derived off it may can be.
Then in order to balance perpetual CPs you make a fair use clause stating that out of publication items are free to trade in non profit settings, and as long as something is on a server for sell by the CP owner somewhere its protected from free trade.
Another way to deal with CP is to make it 2$(2,4,8,16,ect,ect) a year doubling it every year so in a decade its 5xx$ 30 years it more like 300Mas government has to put up with a lot of abuse from both sides when dealing with CP why not make it a “if you can afford to keep it past a decade setup”. Even if you halve the payout number (1,2=1,4=2,8=4,16=8,32=16,64=32,128=64,256=128,512=256) it adds up quick!
IMO the point of CP is to protect the owner from for profit uses of its CP, fair use protects the populace and their rights to certain liberties and is it now fair use protects the populace lil from the assault CP conglomerates are placing on it and as time goes on it will grow weaker and weaker while they get more benefits from new laws being passed. NOW before things get worse we need a solid foundation for personal and or private media rights to have the right to infringe on CP under the guidelines of clips/criticism/news, parody, moding hardware/software(reverse engineering without redistribution of whole code), making backups of software, cracking software and media.
Hell if big media had any sense it would hand out a few copy licenses and let outfits share a proration of their profit with them..of course bank accounts will have to be checked regularly and they try to screw with the contract sued into the ground… and no liability of workmanship or quality…still it would bring money in if setup in poorer cities. Also work with government to put a 30% tax on mod chips and let shops sell them under a fed tax of 10% sale/repair.
The industry is too busy keeping its feet in the sht on the murky road they have tunnel vision on to get out of the shoes and prance in the flowery field beside them!
fixed minor spellign issues.