Once I again I go off into the breech of thought and the gutter of grammar.
The way copy right works to stop the free trade of thought and ideas is staggering and anti productive. One could say they do not want any new content made they merely wish to create a stagnate environment to milk from. The main trouble with the scenario is that free distribution of even media that has been forgotten by their rights holders, the other issue is in the age of easily traded data one cannot block the trade of thought and yes I am equating media with thought.
With the advent of the 100 year copy right tis clear the copy right system is broken and with the way they harass consumers with the “commandment” to protect their copy right its clear its antiquated.
So how do we foster the health of an industry while protecting thought? Well first you remove the term distribution from copy right altogether. The main reason for it is its simply unenforceable, the second reason for that is due to the nature of the modern world and the properties that come from a healthy and imaginative populace this will easily displace any harm done by giving the industry of rights holders more choices to chose and pick from, another reason for it is out of print works that’s the rights holder refuse to do anything with this will only get worse over time as more and more properties are bought up and archived to never see the light of day that combined with ridiculously long term copy right makes for a even worse situation .
But enough of that back to my question “how do you foster a healthy media industry without government fascist media police”? Well you change the nature of copy right from a distribution based system to a profit based one. Distribution is replaced with “profit”, illicit profit crimes such as selling media without a license becomes a crime equitable to selling drugs, and this is the same for sites that “sell” services through normal revenue means or through advertisements, I would like nonprofit and or donation based fan driven services to be highly protected from corporate trolling.
By focusing on profit and business you allow for permanent copy rights that can be sold and traded by their conglomerates like any other contractual sale, selling off the rights gives the new owner full rights over the profits derived from the property and allows for better vaulting of properties as when the fan base can build itself back up via open source means the rights owners can use much of it to release new media of that property and sell it to an interested market instead of ignoring it until things are prefect and suing people that are trying to enjoy the media and show others it at the same time.
There really is no down side to focusing on profit and for profit(business), letting personal/privet and educational use the media as they see fit as long as they do not sell it.
I can see chilling effects as used sales could be “taxed” since it’s a profit based setup and a profit based copy right system doses no different in resell and sell it would not be difficult to place a 1-5% charge for resell rights or simply make it a exemption as it is now. Another would open ‘nonprofit’ parody more while tightening up ‘for profit’ parody how this will play out I do not know but I am sure the industry will test a lot of things under a new system.
Shareware, open source and such will not change much if at all because of the profit nature of business and selling, any distribution outside it will happen regardless of it being protected or not.
A rant to the side…..
While thinking about this I am reminded of music licenses for film and TV, why must one pay so much up front to advertise for the music that’s only a part of the experience? Why not base the contract on profit via standardized rates 5% the first year or so,1-2 after that in that way everyone makes a continued profit off it without any huge hiccups that are seen in Anime licenses where a the song owners can rape any project for domestic release. Again looking at future profits off it is far more effective and allows the domesticator to push song sales via normal merchandising channels IE sell the CDs through their store or retail outlets or as DLC online, through profits will mostly go to the song owner.
Speaking of songs and other original content creators get milked on their should be a basic rule that content creators get 10% of all profits from the content they make for life, this will hopefully lessen the rapeage they undergo as big content farms them for all their worth and gives them so little.