The Big Picture: Copywrong

Sanunes

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After watching the Angry Joe post the other day (well most of it), the problem I am not sure is with the Publishers/Copyright holders, but random companies as well, Angry Joe had an interview he had with the people that made Tomb Raider, basically him standing with a mic and talking to the people who made Tomb Raider flagged that it was Tomb Raider content. The video had no game footage or audio from what I remember just Joe interviewing a couple of guys. There was another video I think it was Jim Sterling that said (I am not 100% sure), but a television station claimed they had the rights to a video game that was related.

Right now I think the biggest problem isn't the Copyright Law, but how YouTube is enforcing it maybe that is one and the same, but the feeling I am getting from the video creator side is that they feel they are guilty until proven innocent even with the big publishers saying they didn't flag those videos.
 

Banzaiman

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I would just like to applaud Bob for bringing up the point that not all intellectual property is owned by massive corporations (though it probably will eventually). Copyright protects the little guy as much as the big guy, even though the big guy tends to have more property and thus is able to abuse copyright more. Nothing so far is illegal, but I join Bob and everyone else who clamors for at least an update on the law itself.

For those people who think artists should be okay with making their work ubiquitous, keep in mind that people must eat. Bob hit the nail on the head, for people who make a living off of selling their art, then every copy is made and illegally distributed is another potential sale down the toilet. However, another scenario that frequently happens is that, once an intellectual property starts growing popular, a corporation comes and buys the rights to it with a lump sum and then start trying to cash in all the use of it. Can't think of any particular cases, but I know it's a thing.

We as people need to constantly update our society as we update everything that society consists of. That society is defined as much by the things we choose to keep as the things we throw away.

EDIT: Another clamoring group I support is all those people who say YouTube should just update their damn system. Talking about archaic ideas, their bots are just plain stupid sometimes.
 

teamcharlie

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The Shakespeare argument: all Shakespeare's plays are in the public domain, and a goodly percentage of the greatest of classical works are as well, aside from contemporary translations. In fact, the only IPs whose copyrights extend far beyond the life and death of the original author are the ones that are so successful that big companies spend their time spinning out endless iterations of said IP ad infinitum, like Spiderman.

But we don't all spend our time watching and reading Shakespeare stuff, do we? Its ubiquity means we need critics to tell us which plays are worth our time, which movies of it are any good, and that we sometimes just want to see different stuff because it's different. What if a studio just couldn't own an IP, but just had to legally give the original artist a fair share of the royalties/profits? Then they might...my God, have to compete with somebody else and not have a monopoly on that product! Whether people go see a movie might no longer be based on what property it's attached to but how good it is. And that's where critics come in, start to get views, get respect, all that good stuff.

If GE makes the only blender, you buy it because you want a blender. If five companies make blenders, they each have to compete to make their blender better and you need the reviews industry to help you decide which one you buy.
 

vxicepickxv

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The biggest problem with copyright law is that it can being handled by the harshest legal method possible. When I say that, remember that YouTube is a subsidiary of Google, which is an international corporation.
 

Entitled

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Banzaiman said:
Copyright protects the little guy as much as the big guy, even though the big guy tends to have more property and thus is able to abuse copyright more.
It's not just about the amount of "property", so much about it's value.

Big publishers hold monopolies over the exclusive usage of pop culture icons such as Superman, Star Wars, Bugs Bunny, or The Sound of Music.

They have control over everything big that has defined 20th century culture, while individual artists have to carefully navigate between these to even be allowed to write anything relevant without stepping on one.


Banzaiman said:
For those people who think artists should be okay with making their work ubiquitous, keep in mind that people must eat. Bob hit the nail on the head, for people who make a living off of selling their art, then every copy is made and illegally distributed is another potential sale down the toilet.
And every copy illegally distributed is also another step to wider audience size. Unless we are not talking about a 100% piracy rate, a grown audience size WILL lead to a proportionally grown customer number as well.

Remember this study [http://www.escapistmagazine.com/news/view/114537-File-sharing-Remains-Legal-In-Switzerland]?

I'm not saying that copyright itself is harmful. If you write a book, you should have the exclusive monopoly to sell it in bookstores. If you make a movie, you should be the only one to play it in cinemas, or commercialize it on Youtube. There are some basic copyrights that are both valuable for commerce, and feasible in enforcement.

But it should extend neither to file-sharing, nor to derivative works that are creatively doing their own thing.

Fair Use shouldn't be the exception to copyright, but copyright should be the exception to Fair Use.
 

Stabby Joe

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One thing I'm noticing in this thread so far is that it may not be suitable to compare something to history in a black and white manner, history is very rarely that black or white...

...just like the rest of the video before that comparison, pointed out about copyright.
 

Therumancer

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Vault Citizen said:
Did King George really have much say over how the colonies were run? I thought that all came under the part of British history were the monarchy had already lost a lot of the power it once had and a lot of the day to day governing was done by what would become known as the Prime Minister (for those unfamiliar with British history we didn't just decide to have a a Prime Minister one day, the role sort of developed over time and the early prime ministers are described as such retroactively rather than through some announcement at the time)
Things were changing in The British Empire at the time, an unwise power shift at the the same time Britan was involved on a massive scale militarily on a large number of fronts. The funny thing about Bob's example is that in the conflict between the colonies and King George, objectively viewed King George is exactly who you'd want to be, and would expect to be likely to win. The colonies won largely because The Empire was under too much pressure domestically and internationally to focus on properly putting down a revolution. The ironic thing though is that the corporations holding onto the copyright laws right now really don't have the same kind of divided interests, stretched resources, and politico-bureaucratic messes preventing clear leadership in regards to all of those things going down.

-

On the matter of copyright laws themselves (in response to the video in general) this is a bigger deal that what we're seeing on Youtube and the like. It's a good example of a case where the typical person is too set in their own beliefs, immediate need, and point of view to see a big picture they are blinding themselves to.

Above and beyond the issue of reviewers, yotube videos and the such, one has to understand that the USA and a number of other nations, especially in the western world, have moved away from actually producing anything and more towards providing services and innovations. The most valuable things in the USA are pretty much the ideas we've come up with for products, characters, entertainment, etc... the physical manifestations of which we build elsewhere. Patents, copyrights, and IPs are our big source of power and prosperity nowadays.

One of the big problems facing the USA and other nations, and decimating our economy, is countries like China who innovate very little (though this is not to say that they innovate nothing at all) simply taking our ideas, manufacturing the products, intellectual or not, and then selling them for their own profit and betterment while cutting out the innovators entirely, all the while claiming that this is fine because "we don't recognize international IP laws". Creating an ironic situation where the western world is largely being weakened and outright destroyed by eastern "robber economies" that pretty much steal from us and then wind up lending money back to us... a whole situation which gets complicated beyond my ability to easily summarize here.

One of the big issues in this is that it's very difficult to take action, or get much organized, militarily or otherwise, when a nation like China can turn around and point to things like Youtube and ask why it's okay for some dude there to make money off of violating IP laws, but not okay for them to do it. Leading to accusations of hypocricy and of course conflicts even between western powers over who is stealing what and what's being enforced... etc... the bottom line is that it's a huge mess which needs to be sorted out for economic reasons and which becomes a bigger crisis every day.

The whole battle between free speech and IP protection is very much an interesting one, but something that needs to be viewed in terms in the sense of a big picture, after all laws have to be universal and can't be subjective in order to work, you cannot say it's okay for some Youtube reviewer to make money off of copying someone else's IP or parts of it, but not okay for someone with a factory to do the same thing, when in a legal sense it's pretty much the same thing, the only difference is scale and the kind of business being run.

The problem is of course further complicated by the use that corporations will put these kinds of protections to, silencing critics and the like.

Overall I do not like sleazeball corporations silencing reviewers and such. Emotionally I'm pretty much on the side of the guys getting hit on Youtube. Rationally though I have to admit that in the big picture the protection of IPs is a much more important thing given that they are largely the basis of American, and arguably western, power.

When it comes to the Youtube assault in particular I think half the problem is in the specifics of the enforcement, rather than the principle. As many people have pointed out video game companies and the like release tons of promotional material that they actually encourage people to use towards these purposes. A lot of the videos being hammered are being nailed unfairly when they were not doing anything that was wrong to begin with. The problem here is that the guys bringing the accusations have been able to get results while being vague, simply pointing fingers at something and saying "these guys are using copyrighted material without permission" without having to specify what they are using, and action is being taken before any kind of rebuttal can take place.

To be fair what we need to see happen is for those making complaints about violations to be very specific about what and where in a video is being questioned, with each violation being addressed by an actual person rather than a machine. The cost and trouble of doing to properly, especially given the likely results, will mean that your not going to see corporations spending tons of time and money chasing kids around something like Youtube, while they can go after more worthwhile and eggregeous offenders.

What I propose is akin to how porn is handled. By definition all pornography in the US is illegal, being defined as something which is offensive and without any redeeming value. The thing is that one cannot simply take a "shotgun" approach and define anything someone finds offensive as porn. Each specific item needs to be addressed individually, and needs to be reviewed, and actually found to be without any kind of redeeming value, with the group producing the work being given time to defend it if they so choose. This is incidently why a lot of "porno" has laughable plots, and it's also why the adult movie/porn/shock smut industry thrives, since so much of it is produced it's simply impossible to ban it all, so it takes something really special to get enough attention to start the process.

At the end of the day the entire point being that your not supposed to see action like this taken just on someone else's say so, and really when done correctly the system tends to be it's own defense mechanism as frivolously chasing down every petty violator for lulz winds up doing more damage than it prevents.

I'll also end this with something else fairly controversial and say that I think half the problem is that a lot of reviewers have gotten arrogant and stupid. When the whole "nasty reviewer riding the edge" thing got started it was cool because it was kind of underground, standing out because of a few people saying the kinds of things a lot of people thought but wouldn't come out on a mainstream source. Them getting away with it, because nobody knew who they were for sure, except MAYBE an editor if they were in print. The whole thing had a degree of class though because it was kept within limits simply by being on the edge. Today it seems half the problem is reviewers want to basically come out as public people, badmouth everyone, get away with it "because free speech b@tches!", and make serious bucks doing it. There is a point at which it becomes sort of absurd when you see an industry basically being forced to invite people to events who make a public living taking a verbal whizz all over them. In short nobody should have been expecting this status quo to continue endlessly. All of the good reviewers out there seem to have gotten caught in a kind of expected blowback that should have been expected long before now. It's simply surprising that a bunch of people standing in a legal gray area seem to think they were going to be able to mouth off to those with actual money and power endlessly while in public view, and never have anything happen in response. Right or wrong, it should have been expected, and honestly I imagine 90% or more of those hit by this have no real idea what to do now as a result other than cry.
 

Andrew_C

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shirkbot said:
This is totally off topic, but I think there's a couple points to be made there. The people claiming that they shouldn't be in it for the money have a point insofar as nobody should really be doing anything just for money. Sadly that's not how capitalism works, and as such everyone has to make money in some way or face death. It's called "wage slavery" amongst the more politically incendiary circles. It's harsh, and I think we'll start to see that change as we slowly realize the limitations of that particular model. I don't think it's fair to call them small minded so much as to ask if they've thought it through all the way.
No, that is not what he is talking about. There are actually people out there who seriously think that musicians (for example) should support themselves by waiting tables or other menial labour and that they have no right to make a living from their art. They make Lawrence Lessig and Richard Stallman look like Laissez-faire Capitalists.
 

Kmadden2004

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Entitled said:
Crappy artists make crappy stories whether in pre-existing or new universes. You can't legally enforce artistic value, but great artists could only make greater stories if they would be free to create whatever they want.
Um... great artists are allowed to create whatever they want.
 

Darth_Payn

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So there are two sides both with valid reasons for their actions? I hate it when that happens! It's so much harder to pick one side to lionize and one to vilify. But yeah, some change is needed to copyright laws to weed out tribute and reference from blatant thievery.

And did bob really diss HBO's Girls? I admit I got a tad giddy there.
 

Entitled

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Kmadden2004 said:
Entitled said:
Crappy artists make crappy stories whether in pre-existing or new universes. You can't legally enforce artistic value, but great artists could only make greater stories if they would be free to create whatever they want.
Um... great artists are allowed to create whatever they want.
Except if it steps into any publisher's copyright monopoly.
 

Kmadden2004

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Entitled said:
Kmadden2004 said:
Entitled said:
Crappy artists make crappy stories whether in pre-existing or new universes. You can't legally enforce artistic value, but great artists could only make greater stories if they would be free to create whatever they want.
Um... great artists are allowed to create whatever they want.
Except if it steps into any publisher's copyright monopoly.
That depends on how much resemblance your work has to the publisher-in-question's output. It's one thing to create a character who has similar traits to one whose already been created, or write a film/book/comic with similar story or thematic structure, but it's another to just go out and publish your own Spider-Man stories without Marvel's permission.

If you're doing the latter, then you're not really creating anything, your just appropriating somebody else's work without their consent.
 

Disthron

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Over the past year I've been thinking of adopting the position of complete copyright abolition. It seems just about every corperation is trying to abuse the system. One thing that isn't getting mentioned in these discussions is abandonware. That is old games that exist in outdated media witch are at risk of being lost to the Mists of time due to greedy corporations that don't give a dam. So, yea, let them go without any copyright for a while. Then maybe they will be in more of a mood to be reasonable.
 

Entitled

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Kmadden2004 said:
That depends on how much resemblance your work has to the publisher-in-question's output. It's one thing to create a character who has similar traits to one whose already been created, or write a film/book/comic with similar story or thematic structure, but it's another to just go out and publish your own Spider-Man stories without Marvel's permission.

If you're doing the latter, then you're not really creating anything, your just appropriating somebody else's work without their consent.
No, that's only if you are publishing THEIR earlier spiderman stories. If you are publishing your own, then you have just created something, namely those stories.

Would you say, that with the Walking Dead game Telltale "didn't create anything", just appropriating AMC's and Image's work WITH their permission?

Or that Alan Moore "didn't create anything" with The League of Extraordinary Gentlemen, just appropriating various 19th century writers' stories without their permission (thanks to the Public Domain time passage empowering him to do so)?
 

Saidan

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3 pages so far, and nobody as tossed this man a slow clap? Escapist, I am disappoint.



Bob, that was an excelent job. Let's just hope things actually evolve at some point, in this money-grubbing world of ours...
 

Deadagent

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Kmadden2004 said:
Um... great artists are allowed to create whatever they want.
Reality [http://www.gamespot.com/articles/square-enix-shuts-down-final-fantasy-vii-web-series/1100-6412449/] disagrees [http://www.dualshockers.com/2013/08/10/metroid-fan-film-seeks-funds-on-kickstarter-because-the-final-fantasy-vii-lesson-wasnt-enough/] with you.
Now, Im not saying these people are neccearly great artists because I have no clue about the quality of their output.
But to begin with what makes a great artist is subjective. Second I'm pretty sue "whatever they want" Includes fan projects like this, and as you can see, they can't do it without being greeted by lawyers.

And yeah, I'm opposed to this copyright bullshit, as to why:

Short version:
Long Version [http://everythingisaremix.info/watch-the-series/]
 

Banzaiman

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Entitled said:
snipRemember this study [http://www.escapistmagazine.com/news/view/114537-File-sharing-Remains-Legal-In-Switzerland]?snip
Actually, that was posted long before my knowledge of this site, so I don't remember it. Thanks for pointing it out though.

It's a tricky thing to pin down, how much piracy is a good amount to the point where it can be beneficial. I was wrong to take such a hardline stance, but it still irks me that - particularly in the case of smaller devs and artists - that their work can be enjoyed without ever paying a penny for it. I certainly don't think that it'd good up until 100% though, because at a 99% or any other large percentage the sheer size of the audience that doesn't pay for it is galling. Piracy does help the sale of it in general, but it just doesn't sit well with me a lot of the time. I'll concede the point though, because I don't really have a leg to stand on at this point.

However, I do completely agree about corporations eliminating everything derived from a property they own being a bad thing. My post probably made me sound like a copyright apologist, but I'm not as extreme as that. When it comes to pieces of work spawned from a bigger property - like parodies, fan fictions, and references - I'm absolutely with the people saying these are good for both the franchise and the culture that it enriches. That deals with the "doing their own thing" of your sentence. What I'm reluctant about is the idea of sharing a complete game or piece of property, but as you said the benefits probably outweigh the detriments in that case.

Perhaps the reason for that is because I'm thinking in terms of real world logic (and tangentially, that might be the reason for a lot of anti-piracy crap that comes up). I can't help but equate copying a file and sharing it on the internet to taking a physical book or disc and somehow making a complete copy of it to share in the real world. Except an infinite supply of it, because there's no limit to the number of copies that can be made off of a file. It's been proven before that physical-world logic doesn't apply to the virtual world though, so I'll just sit back and be educated by the changing era.
 

Banzaiman

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the hidden eagle said:
My grandma brought up the case of a man who invented the windshield wiper and was screwed out of any money and rights he had to the product. A game related case of a corporation hogging the rights to a copy right would be Capcom and the Megaman franchise where the creator can't even use his own creation.
Fair enough, I'm still too ignorant in terms of copyright to make broad sweeping statements like I did in my post. In your particular example, then I'm with anyone who says copyright should be outfitted to protect creators as opposed to companies. I'm just against the crowd that says the elimination of copyright would be wonderful, because it would ultimately leave a lot of would-be artists starving.
 

Kmadden2004

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Entitled said:
Kmadden2004 said:
That depends on how much resemblance your work has to the publisher-in-question's output. It's one thing to create a character who has similar traits to one whose already been created, or write a film/book/comic with similar story or thematic structure, but it's another to just go out and publish your own Spider-Man stories without Marvel's permission.

If you're doing the latter, then you're not really creating anything, your just appropriating somebody else's work without their consent.
No, that's only if you are publishing THEIR earlier spiderman stories. If you are publishing your own, then you have just created something, namely those stories.

Would you say, that with the Walking Dead game Telltale "didn't create anything", just appropriating AMC's and Image's work WITH their permission?

Or that Alan Moore "didn't create anything" with The League of Extraordinary Gentlemen, just appropriating various 19th century writers' stories without their permission (thanks to the Public Domain time passage empowering him to do so)?
The Walking Dead games, other than the appearance of Glenn in the first Episode of Season One, actually have little to no connection to either the comics or the TV series beyond "they both have zombies in them".

The League of Extraordinary Gentlemen is a different set of circumstances, as it actually fits into the broader category of satire. Alan Moore took those characters to write a commentary on literature and propaganda.

What you're describing is fan-fiction, which - contrary to public opinion - most comic book publishers are actually (secretly) okay with. They just ask that you don't publish it to sell and try to infringe on their label. Which, frankly, is fair enough.