Interesting People mailing list archives
Re: Music industry proposes a piracy surcharge on ISPs
From: David Farber <dave () farber net>
Date: Sun, 16 Mar 2008 03:40:50 -0700
________________________________________ From: Fred von Lohmann EFF [fred () eff org] Sent: Saturday, March 15, 2008 8:46 PM To: David Farber Cc: Cindy Cohn Subject: Fwd: [IP] Re: Music industry proposes a piracy surcharge on ISPs Cindy forwarded JZ's message to me from the list. Just to be clear, EFF does not support a "tax on ISPs" in exchange for legalizing music file sharing. What we have supported since 2003 is a voluntary collective licensing solution, similar to the approach used by ASCAP/BMI for licensing of radio stations, restaurants, and bars. <http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing
The key distinction is that such a system is not compulsory, either on consumers or on copyright owners. We don't have a "tax" on restaurants in favor of musicians -- if a restaurant doesn't want to play music, or wants to play solely public domain or CC-licensed music, it doesn't need to pay. The same should be true for Internet access -- if you want a blanket license for all- you-can-eat downloading, you pay for it. If you don't, you don't. Same goes for rightsholders -- no one forces you to be a member of ASCAP or BMI. You get to choose whether and which. Of course, this means that some level of enforcement activities will persist, just as ASCAP hires investigators to catch those who play music but don't pay. The good news is that these enforcement costs will ultimately result in a "market price" -- there is some price for the license that will maximize revenues by minimizing consumer defections (I'm guessing around $5/month, but let the market decide). If rightsholder try to charge $50/month, then the defections will rise, thereby increasing enforcement costs and reducing overall revenues. A "tax", on the other hand, has no similar self- equilibrating market mechanism. But I agree with JZ that the overall goal has to be a system that ties compensation to abundance and ubiquity, rather than scarcity. Collective licensing does that, in my view, better than "tax" approaches. But either seems preferable to the broken system we have now, where calls to stem "piracy" are putting many more important public interests (privacy, innovation, creativity) at risk. Fred -- Fred von Lohmann Senior Intellectual Property Attorney Electronic Frontier Foundation fred () eff org +1 (415) 436-9333 x123 Begin forwarded message:
From: David Farber <dave () farber net> Date: March 15, 2008 3:13:48 PM PDT To: "ip" <ip () v2 listbox com> Subject: [IP] Re: Music industry proposes a piracy surcharge on ISPs Reply-To: dave () farber net If my memory serves me right EFF, at least the Board, had mixed feelings djf ________________________________________ From: Jonathan Zittrain [zittrain () law harvard edu] Sent: Saturday, March 15, 2008 11:26 AM To: David Farber Subject: RE: [IP] Music industry proposes a piracy surcharge on ISPs Dave, From what I can tell from Jim Griffin's reply, he supports a tax on ISPs in *exchange* for legalization of music sharing among those ISPs' subscribers. If that's what he's saying, then it could represent progress -- a good chunk of the pressures to surveill and control users' online behavior will evaporate if content publishers see benefit from abundance rather than scarcity of their work. A number of scholars, including Terry Fisher and Neil Netanel, have proposed a scheme like this, and EFF has been supportive. See <http://www.wired.com/entertainment/music/news/2004/05/63474> for a story about it from 2004, and <http://www.tfisher.org/PTK.htm> for chapter 6 of Fisher's chapter, which methodically lays out the case and responds to many of the reasons to be skeptical, including the observation that non-consumers of the music covered would be paying for something they don't use. See also <http://www.noankmedia.com/> for a venture founded by Fisher that's experimenting with this system in China. ...JZ ------------------------------------------- Archives: http://www.listbox.com/member/archive/247/=now RSS Feed: http://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com******************************************************** Cindy Cohn ---- Cindy () eff org Legal Director ---- www.eff.org Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 (415) 436-9333 x108 (415) 436-9993 (fax)
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- Re: Music industry proposes a piracy surcharge on ISPs, (continued)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 14)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 15)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 15)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 15)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 16)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 16)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 16)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 17)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 17)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 18)
- Re: Music industry proposes a piracy surcharge on ISPs David Farber (Mar 18)
- Music industry proposes a piracy surcharge on ISPs David Farber (Mar 20)