Interesting Tim O'Reilly article.

From: Wayne M. Smith <>
Date: Fri Dec 13 23:10:55 2002

> On Fri, 13 Dec 2002, Wayne M. Smith wrote:
> > > Speaking for my personal CD purchasing habits, I'd have to say
> > > O'Reilly's observations match my practices. For one, I don't like
> > > "Top 40" or mainstream music. Most all of it is crap. And nearly none
> > > of the music I enjoy gets played on the radio stations in my area; so
> > > my ability to find out about music I like is somewhat hampered. If
> > > someone recommends a song or a band to me, they'll often point me in
> > > the direction of some of their MP3s. If I like their work, I buy
> > > their CDs.
> > >
> > You are to be lauded, but you are in a shrinking minority.
> Wayne, I can't buy your argument for the same reason I can't believe
> anything the RIAA or MPAA or any of those silly acronym-based
> organizations say. They don't back them up with hard data, because if
> they did, we would probably find that sales are only increasing. When the
> recording industry is willing to allow an independent auditor to check its
> books and report the findings, then I'll believe it. Until then, I don't
> take their word for anything.
Every recording contract with a participation clause has an audit provision in
it that allows the artist to come in with their own auditor/accountant and have
full access to the books. Same is true in the movie biz. So I don't really
know what you're referring to.

> Also, I think it's pretty petty for the recording industry especially to
> be griping about losing sales, especially when it robs most recording
> artists blind anyway. But that's another (and even more off-topic)
> thread.
I see you've been reading the popular press and the gospel according to Courtney

> > I understood his point, but I don't agree that the studios/record
> > companies are obligated to do anything or face having their content
> > stolen. There's a difference between being annoyed and therefore not
> > buying something, and being annoyed and using that as a justification
> > for stealing. The argument some make that the studios/record companies
> > need to pander to those who would otherwise steal from them really
> > doesn't fly.
> Well, we are basically dealing with human behavior here, and no matter how
> much pissing and moaning and bitching and griping by the recording
> industry and no matter how many silly laws that do not at all cater to the
> general benefit of society are passed, people will still do what people
> do. The trick is to figure out how to make money from it, rather than
> being completely obnoxious about it as the recording industry has been so
> far.
On this, I completely agree. It's just like speeding.

> O'Reilly was right on, and history will prove him (and all the others
> striking the same chord) right.
> > > lousy CSS encryption is a crime. I think that's absurd, and I'm really
> > > surprised that /anyone/ on /this/ list would agree with the idea that
> > > reverse engineering something is, in itself, a criminal act.
> > >
> > No, he didn't, but he did distribute DeCSS, and then others did. The DCMA
> > doesn't preclude reverse engineering CSS for purely encryption research or
> > security testing, and I'm certain the MPAA has not said otherwise.
> But it does preclude distributing that research, and I can't believe you
> could support that provision.
It depends on what you mean by "distributing that research." If you mean
unrestricted distribution of a hack -- particularly when you know that 99.9% of
those who will use it have no interest in "research" (other than to "research"
whether they can crack a DVD) -- then I do support it.

> > The movie biz is right about where the music biz was 5 years ago. DVD
> > burners are around $300-400, the media is approaching $1 per disk and
> > connectivity speeds are increasing. We will see.
> The economy is also right about where it was 5 years ago. People just
> don't have the money they did in 1999 (I certainly don't). The
> correlation is more than a coincidence.
I thought you were going to say that they're spending all their remaining money
on DVDs ;-)
Received on Fri Dec 13 2002 - 23:10:55 GMT

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