[Upd-discuss] a longer term strategy for promoting thepublicdomain?

[David Basskin]

On 21-Aug-04, at 1:49 PM, Jay Sulzberger wrote:

>>
>
> For one case of a few people making money by free distribution of 
> software
> they wrote, with some comment on the position of musicians, see
>
> http://grep.law.harvard.edu/features/04/08/18/112237.shtml
>


I'm at something of a loss to understand why you pointed me to this 
page. Anyone who wants to give away his or her songs or recordings is 
just fine with me. Go for it! If doing so makes them happy, or furthers 
their careers, or serves some other goal which is meaningful to them, I 
wish them all the success in the world and I hope they learn valuable 
lessons in doing so that they can share with us.

  If software writers can do the same thing with what they create, more 
power to them. If creators want to seek alternative modes or channels 
of distribution and eschew the established players who dominate the 
commercial world, I think that's great. Innovation is always exciting, 
and success is always good.

What I have a problem with, and always will, are those who want to 
extend this model to the works of songwriters and performances of 
musicians who don't wish to have their work distributed without 
compensation, or by means which they have not authorized, whether those 
works or recordings are owned by individuals or corporations. Almost 
everybody who takes the "information wants to be free" tack prefaces 
his or her remarks with, "now, of course, I believe that musicians and 
songwriters are entitled to be paid for what they do," and then goes on 
to praise the flavour du jour of uncompensated distribution.

To argue in favor of uncompensated, unauthorized distribution of songs 
and recordings whose creators and owners have not or would not, if 
asked, authorize such distribution, is to argue that they should work 
for free. And the last time I looked, forced, unpaid labour was 
slavery. Simply because the value that resides in recordings of songs 
can be realized without the consent of their respective creators and 
owners or their active involvement doesn't meaningfully distinguish it 
from slavery.

If your view differs, perhaps you'd like to come by tomorrow and mow my 
lawn. I'm not paying, though.

David Basskin