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Interview With Pirate Party Leader Rick Falkvinge 515

mmuch writes "In the wake of the recent copyright debate in Swedish mainstream media, the P2P Consortium has published an interview with Rick Falkvinge, the leader of the Swedish Pirate Party. He comments on the mainstream politicians starting to understand the issues, the interplay between strict copyright enforcement and mass surveillance, and the chances for global copyright reform." Some choice Falkvinge quotes: "What was remarkable was that this was the point where the enemy — forces that want to lock down culture and knowledge at the cost of total surveillance — realized they were under a serious attack... for the first time, we saw everything they could bring to the battle. And it was... nothing. Not even a fizzle. All they can say is 'thief, we have our rights, we want our rights, nothing must change, we want more money, thief, thief, thief'... Whereas we are talking about scarcity vs. abundance, monopolies, the nature of property, 500-year historical perspectives on culture and knowledge, incentive structures, economic theory, disruptive technologies, etc. The difference in intellectual levels between the sides is astounding... When the Iron Curtain fell, all of the West rejoiced that the East would become just as free as the West. It was never supposed to be the other way around."
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Interview With Pirate Party Leader Rick Falkvinge

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  • by sayfawa ( 1099071 ) on Sunday January 13, 2008 @05:09PM (#22027960)
    Don't worry, someone else will pick up the slack. For every person who does it for the money there are several who will do it for the fun.
  • Re:Yes, you are. (Score:2, Interesting)

    by Microlith ( 54737 ) on Sunday January 13, 2008 @05:16PM (#22028016)

    If you're trying to argue that cultural production will stop if copyright is somehow weakened

    I hear this posited repeatedly in response to me, and not ever do I say this. But it's the red herring tossed out in an attempt to discredit what is said. Always what will happen is the rate at which new works are produced will drop (significantly, most likely) but never cease. And there's no reason for this drop to be forced.

    A reasonable middle position does exist. People probably should be able to make some money off of their creative endeavors. On the other hand, the current duration of copyright in the US is silly - 120 years after creation or 95 years after first publication? That's insane.

    Agreed, it is insane. But blatantly violating copyrights like we see today does nothing to correct it. On the contrary, it gives them ammunition to use against us.
  • Don't get political. (Score:3, Interesting)

    by Anonymous Coward on Sunday January 13, 2008 @05:21PM (#22028044)
    My one bit of advice to these folks would be to not make this overtly political. People are going to begin to lose respect for the people behind torrent sites if they start spewing pseudo-Marxist ideas as their defense. Look where it got RMS -- no one takes him seriously anymore and the project that put him on the map clearly considers him irrelevant (linux/gplv3).

    People who download music and movies aren't doing it to assert their solidarity with the Sandinistas, they're doing it because they can, and frankly most of us don't have enough cash free to go buy the entire discography of say Miles Davis or Bob Dylan.

    Stick to the 'we're not providing content, only torrents' line. I think they'll find a more sympathetic client base.
  • by CrystalFalcon ( 233559 ) * on Sunday January 13, 2008 @05:23PM (#22028078) Homepage
    You're not required to respect me in the slightest, but I think you are jumping to conclusions. We've been discussing this full time for the past three or four years (with the Pirate Party being founded on Jan 1, 2006) -- it's a rare day I get a new question.

    I've been exposed to pretty much every argument, angle, and corner out there in this debate. Obviously you don't have to respect me for that, but you'd do well to assume that I've seen the pros and cons of most dimensions of this structural shift.

    Oh, and as always, if I had known in advance this interview would end up on Slashdot, I would have spent more time on it. :) Which president said "If I knew I would make president, I would have studied harder"?
  • The future? (Score:5, Interesting)

    by jay-be-em ( 664602 ) on Sunday January 13, 2008 @05:44PM (#22028218) Homepage
    I'd like to express my support for the Mr. Falkvinger. I look forward to the day when musicians will again be forced to perform live fairly frequently to make a living. I've had enough of this overproduced shit with pitch shifted vocals and talentless anti-creative jingle-like songwriting spawned by the music industry. The concept of copyright in music has no moral basis, other than the fact that technology was discovered to record and reproduce music. Well you know what? We've discovered technology to distribute this music -- how that is any less of a moral justification I don't know.

    The days of bands releasing a shitty album every 5 years, touring for 6 months then retiring to their mansion in LA are over, and thank God. Will we see less people going into the business? Yes. And again, thank God -- art should be made by people with a passion for the art, not by people with simplistic dreams of fame who will do anything to get publicity.
  • by mmcuh ( 1088773 ) on Sunday January 13, 2008 @05:45PM (#22028226)
    Cultural forms are bound to change, adapting to trends, technology, and the market (which in turn adapts to the law). Huge movie productions may not be as significant in 25 years as they are now, maybe because of lack of commercial viability, maybe because of other factors. Though when it comes to effect-driven science fiction shows or movies (which I assume that Battlestar Galactica is, for all my geekdom I haven't actually seen it) technological developments should push the production costs down quite a bit.
  • Re:Yes, you are. (Score:3, Interesting)

    by BeanThere ( 28381 ) on Sunday January 13, 2008 @05:51PM (#22028262)
    If it's really "insane", why aren't more content producers *voluntarily* reducing the copyright terms of their own works? I mean, a content producer might not be allowed to impose a longer copyright than the law specifies, but he/she sure is allowed to stipulate a shorter one (e.g. 'after 15 years this becomes public domain' or 'after my death this becomes public domain).
  • Re:The future? (Score:3, Interesting)

    by Microlith ( 54737 ) on Sunday January 13, 2008 @05:51PM (#22028264)

    I'd like to express my support for the Mr. Falkvinger. I look forward to the day when musicians will again be forced to perform live fairly frequently to make a living.

    That's great. Now solve the problem for other works than just music. Or do you expect me to make the video games (or film the movie) you just enjoyed live?

    I've had enough of this overproduced shit with pitch shifted vocals and talentless anti-creative jingle-like songwriting spawned by the music industry.

    That's fine, so don't listen. Eliminating copyright and whatnot would be like dropping a nuke to solve an overcrowding problem. Effective, but it misses the point.

    The concept of copyright in music has no moral basis, other than the fact that technology was discovered to record and reproduce music.

    Well then by that logic it has no moral basis at all. But it has a very valid legal basis, and one I find acceptible (within proper boundaries that we must re-assert.)

    Well you know what? We've discovered technology to distribute this music -- how that is any less of a moral justification I don't know.

    Distribution isn't the main cost burden. And until we live in a utopia where everything is free, any work will have costs associated with its production. Copyright helps us relieve that cost, eliminating copyright just forces the producer to eat it whole.
  • by Anonymous Coward on Sunday January 13, 2008 @05:56PM (#22028310)
    Here is why we cannot "leave it up to the producers":

    One problem is that all you need for a copyright violation to take place (in the USA at least) is for two private parties to exchange some copyrighted information. In order to use the law to stop copyright infringement, one must punish certain kinds of private communication between two parties. Punishing all instances of certain kinds of private communication between two arbitrary parties requires monitoring all private communications. This kind of surveillance is both unacceptable and a necessary condition for enforcing copyright law. Therefore, enforcing copyright law is unacceptable. This, I gather, is the president's argument.

    People involved in the Freenet project often make a similar argument that goes something like this: In order to have true free speech, people must be able to speak and listen anonymously so that they cannot be punished for exercising their free speech. Yet, any system that allows for anonymous speaking and listening can be used for copyright infringement. So free speech and copyright are mutually exclusive. Free speech is more important than copyright, so copyright must go.

    "Why not leave it up to the producers?" makes about as much sense as "Why not let the slave owners decide on an individual basis whether to own slaves?" Information and people are fundamentally un-ownable for a variety of moral and practical reasons.
  • by Foople ( 1069410 ) on Sunday January 13, 2008 @05:57PM (#22028326)
    Things that exist but are not accessible effectively do not exist.

    Let's say a free-file-sharing law system reduces the amount of content created (given the barriers that exist to content creation today, in an effort to create scarcity in order to increase price, this is not a guaranteed conclusion). Let's say content production drops to 1/2, or 1/3, or 1/4 of current levels.

    Can you currently afford to experience half of all content produced? A third? A fourth?

    Are you really better off in today's world?
  • by bit01 ( 644603 ) on Sunday January 13, 2008 @06:11PM (#22028460)

    RIAA astroturf is flying thick and fast today. A content free propaganda first post mod'ed up to +5 to try to neutralize the article and direct the debate. I wonder how that happened?

    Be careful people; there's a lot of astroturf [wikipedia.org] and probably sock puppets [wikipedia.org] on /. these days. It's amazing how every time there's a story with a point of view that the software or media industries don't like you'll get numerous weasels popping up who "just happen" to repeat tired old propaganda we've all heard and dismissed many times before. Treat these lowlifes with the contempt they deserve.

    Redundancy and repetition are a strong sign that marketing parasites are involved. They don't care if they waste/steal people's time and attention as long as they achieve mind share at the expense of other points of view.

    ---

    Astroturfing "marketers" [wikipedia.org] are liars, fraudulently misrepresenting company propaganda as objective third party opinion.

  • by Anonymous Coward on Sunday January 13, 2008 @06:23PM (#22028580)
    ...freed humanity of thousands of years of lords and kings and emperors and other assorted assholes. Without those rights, the property belongs to the ones with the biggest swords or guns.

    Sorry, but show me a man who questions the concepts of property, and I'll show you a man who wants a piece of what I've worked hard for.

    This is fucking music files, folks. Can't we search for a better business model without going batshit insane over the cliff at the Left side of the political spectrum? How about placing a NEW idea under then sun. eh?
  • Re:Yes, you are. (Score:3, Interesting)

    by Jah-Wren Ryel ( 80510 ) on Sunday January 13, 2008 @07:17PM (#22029072)

    If it's really "insane", why aren't more content producers *voluntarily* reducing the copyright terms of their own works?
    Because most content producers - at least the mainstream ones that are all you are apparently aware of - do not have that choice. They don't own the copyrights to their own works - the middle-men of the MAFIAA do.

    And unlike the creators who actually have valuable skills, the only thing the middle-men have are their monopolistic hold on old-world distribution channels and the copyrights which allow them to milk those same channels.
  • by TheVelvetFlamebait ( 986083 ) on Sunday January 13, 2008 @07:32PM (#22029196) Journal
    That's a good point, and currently there is far too much content being produced for people to take it all in. However, all content is not the same, and neither are people's tastes. Some people will only like 1/20th of the content produced today, and really like maybe 1/200th. Everyone's tastes are different, and copyright helps people have a generous choice of art, even if their tastes are limited. If the works are indeed superfluous, then they die, because no-one is interested in them. It's a win-win situation. The only person to lose is the artist who creates a bad work, and who would probably better spend their time doing something else for a living.

    Copyright also doesn't discriminate between certain types of works. If sharing were allowed, then (as many have pointed out), live music will become much more lucrative than, for example, electronic music. Hard-cover, beautifully printed books would become more lucrative than a textbook or a scientific paper, which no-one actually needs in book for. Visual arts would be essentially left out in the cold, because copying prints is ludicrously cheap and easy to do if you have access to the proper machinery. Major movies would be nigh impossible.

    Finally, I'd also like to point out that anyone wants their works to be shared out freely may release their work under a permissive license, or even into the public domain. In fact, any artist who wanted that has already done that, so if you want an impression of what life without copyright would be like, why not limit yourself to works that are in the public domain? It'll give you a taste of what our culture will be like about 10 years past copyright.
  • Re:Yes, you are. (Score:3, Interesting)

    by BeanThere ( 28381 ) on Sunday January 13, 2008 @08:09PM (#22029496)
    Tragedy of the commons doesn't apply here: If I work hard and create something that *never existed before* (say, I produce a cool new graphic novel), how does it *cost* you if you aren't able to see it because I priced it too high for you? Do you *lose* something that you had before? Do you wake up with less? No, at worst you end up in exactly the same position as before. You just might decide you *feel* more bitter, because yesterday you didn't know my work existed, today you know it exists and that you can't afford it - but you haven't lost anything at all (unless I stole your pens and paper to produce the thing).
  • by Anonymous Coward on Sunday January 13, 2008 @09:36PM (#22030140)
    >But then how do new people get started? And how many times have I read on slashdot where people say "I'd never have bought X or Y if I hadn't downloaded it?"

    Same way I got started in my computer business. Charge way less than others (say $30/hr) and raise your rates as your popularity, skill, and quality of work increases.

    >I do have a right to try. But it's hard to try when you have to compete with your own work being traded freely or (worse yet) being sold for a pittance by knock-offs (which we have now but not nearly as badly as we would without copyright.)

    I feel the same way. All sorts of customers seem to think their brother/niece/son can do what I do. And they do it for free. But I have a right to try to get them to have me work for them. Most of them come back after they realize that their son is still in elementary school and can't even spell "computer" properly.

    >So what you're saying is that we've already produced our best, and won't produce anything better or equal in the next few decades, and thus hindering the production of new works is a good thing?

    Yah, I'd agree with that. Maybe not our very best yet, but media has gotten a lot worse as controls have been tightened. I mean, I can't even BUY half the old Disney library of movies anymore, just their new crap. Guess why I think the other stuff gets locked in their vault? Because the new stuff sucks and the old stuff is just too tough a competition.

    But hey, I understand. It's totally different. I'm a (by old definition) "tradesman". You're an "artist". That distinction alone should guarantee you a handsome income, because your caste is higher. Sorry 'boot that.
  • by Womens Shoes ( 1175311 ) on Sunday January 13, 2008 @10:16PM (#22030372) Homepage
    A valid point and a good question. Of course, that is what limited copyright was for.

    Now that it's infinite, I could ask why we only get that one product and then a corporation can milk it indefinitely instead of having to produce new quality content? I could also ask why we're denied all the derivative works that would be possible with a modern public domain.

    To some degree, infinite copyright hasn't stopped such things, but only inasmuch as people break copyright.
  • by Kjella ( 173770 ) on Sunday January 13, 2008 @10:20PM (#22030396) Homepage

    One problem is that all you need for a copyright violation to take place (in the USA at least) is for two private parties to exchange some copyrighted information. In order to use the law to stop copyright infringement, one must punish certain kinds of private communication between two parties. Punishing all instances of certain kinds of private communication between two arbitrary parties requires monitoring all private communications. This kind of surveillance is both unacceptable and a necessary condition for enforcing copyright law. Therefore, enforcing copyright law is unacceptable. This, I gather, is the president's argument.
    Close, but not quite. There are two fundamentally different approaches to police work - that evidence collection should happen after suspicion (the investigation principle), or that evidence collection should happen before suspicion (the surveilance principle). The investigation principle relies on "suspicion -> surveilance/warrant/wiretaps -> gathered evidence". Everyone that values civil liberties agree this is the ideal way, among other things it's at the heart of the fourth amendment. There are exceptions like surveilance cameras, police patrols and other things that happen without any clear suspicion of a crime. At least here in Norway there are rules that surveilance footage must be deleted after a certain time, so it does not serve as a permanent log. This is hardly new and has been the way police has been given limited access to certain private communications for centuries.

    The other principle is the surveilance principle, that everything should be inspected and recorded so that the chain goes "gathered evidence -> suspicion -> warrant to evidence". That is a very dangerous road to go down and requires that kind of totalitarian access to all private communication that you speak of. It is the kind of system where there's a file on every citizen. It is the kind of system that casts suspicion on any communication it can't record or comprehend. It places massive power in the hands of the government and asks the government to be its own watchdog. It is a system where you're afraid to draw the attention of the government, because they have an arsenal to use against you.

    That is what the RIAA is pushing for, that is where this is going. They have already tried to strike at the meeting points, the crossroads with little effect. Now they try to strike at each and every filesharer, but the lawsuits don't have any effect. So now they're trying to push it onto the government and the ISPs. Already there's a debate brewing about this in Norway regarding EUs data retention directive. Undoubtably it'll pass like every other of the thousands of EU directives we pass, but at least the discussion has started. We don't want a surveilance society, and if you tell us to choose between freedom and copyright, copyright has to go.
  • Re:Yes, you are. (Score:3, Interesting)

    by 1u3hr ( 530656 ) on Sunday January 13, 2008 @11:42PM (#22030888)
    In Hong Kong, where no one buys authorized media, the popular music and film scene continues today as it did before the rise of easy duplication.

    I live in Hong Kong, and so I can say this is bullshit. First, bootleg media is not everywhere. You can get it of course, but there are plenty of big legit CD and video shops. However, there has indeed been a slump in local movies and music production. The reasons are complex, due to crappy quality derivative movies and prepackaged unoriginal musical performers being pushed by the labels as much as anything, but part certainly is that a lot of the export market was lost, as in SE Asia bootlegs certainly are prevalent.

  • by sjames ( 1099 ) on Monday January 14, 2008 @12:33AM (#22031138) Homepage Journal

    On those points, I agree. I have already seen one copyright free period in computing, back before anyone really knew if you could copyright a binary at all. Naturally, everyone claimed their software was copyrighted, but nobody wanted to ever take it to court and risk an unfavorable ruling.

    Of course, personally, I don't advocate the complete abolition of copyright, but rather a radical re-think. Cut it back to 20 years or so possibly with lesser restrictions lasting longer and add a use it or lose it clause. Also require placing a copy in escrow to be conspicuously released on expiration. If DRM is used, an unlocker must be freely distributed at seller's expense once copyright expires.

  • by darthflo ( 1095225 ) on Monday January 14, 2008 @05:35AM (#22032556)
    Assuming the following professions as artists, here are my solutions:
    • Musicians
      Live performances, merchandise, nicely packaged albums with some extra value instead of just a combined cover/tracklist leaflet.
    • Painters, Sculpturers
      A picture of a painting or sculpture enables you to look at the respective artifact mainly for purposes of studying it. Enjoying the art usually does take the real thing.
    • Animators, Filmmakers (cinema type)
      Take the experience back to the big screen. Home theatres are getting awefully awesome nowadays, so take care real theatres don't lose out on quality aspects and keep up.
    • Animators, Filmmakers (tv type)
      Customer interests are shifting. People want to watch whatever they feel like whenever they feel like without interruptions (i.e. ads). deal with it. [google.com]
    • Film actors
      Either keep going letting the filmmaker do all the shifting work or explore new venues. Live is big again. People like to pay more and will give up control about time and place for awesome live performances of both music and acting (e.g. theatre, musicals, opera).
    • Writers (novelists)
      Unless absolutely necessary (e.g. reading pre-release versions of new Harry Potter books to have some spoilers ready for launch parties), extremely few people like to read long segments on a screen, so you're fine. Amazon is doing an amazing job with Kindle, others will follow suit. 2008 can be your year of Napster, your opportunity to get a competitive and customer-friendly electronic distribution to work before pirates do. Text can be distributed easily and practically instantaneous without infrastructural issues. Be quick and satisfy the general public before pirates do it -- they will.
    • Writers (press & co.)
      For you too, this can be a golden age. Competition is harder than ever; thanks to blogs anybody can be a reporter. Standing out can attract a huge audience quicker and easier than ever. Be a journalist instead of just a reporter, cater to people's interests and a simple blogger account with some googly ads are all you need.
    • Everybody (summed up)
      The world is changing. People want comfort and/or an extraordinary experience. Provide one and you're on the winning side. Provide both and you're right on track to greatness.
  • by wall0159 ( 881759 ) on Monday January 14, 2008 @05:41AM (#22032570)
    "In the meantime, some of us quite enjoy the odd Hollywood blockbuster or music video or album or novel that someone could afford to produce only because copyright law enabled them"

    How lovely for you. I hope you don't expect us to hold our culture and freedom in shackles so that you can enjoy your Hollywood movies.
    The whole point of copyright is that it must be a _consensus_ - if the majority decide they don't want it, we shouldn't have it. To hell with big companies trying to dictate policy.
  • Oh boy... (Score:2, Interesting)

    by Anonymous Coward on Monday January 14, 2008 @06:42AM (#22032834)

    In the meantime, some of us quite enjoy the odd Hollywood blockbuster or music video or album or novel that someone could afford to produce only because copyright law enabled them to choose how they wanted to sell the work.
    Only copyright law enables? How do you know? We have copyright in the entire world, so you clearly can't show examples where copyright doesn't exist and why that per se has made it impossible to sell artistic (easy to copy) works.

    I believe many Americans are afraid to share (bittorrent or whatever) music, books, movies etc. Here in Sweden, nobody (at least not that I know of) is afraid of that. You'll never get cought. This is almost identical to actually removing copyright laws. However, Swedish writers are making very good money from their books, which sells extremely well (even in Sweden). The same goes for music artists or movie producers. Why, you might ask? Because a lot of people will still buy their books, songs, whatever.

    In this world of ours, we have had libraries for centuries. This is essentially the same as removing copyright on books. It enables poor people (which we don't have many in Sweden, as opposed to the US where the differences in "financial freedom" is extreme) to read any amount of books they like, for free. You have had this opportunities in the US too, for centuries. Still, in Sweden, the US and everywhere in the world, people buy books.
    People buy music. People buy movies. People go to concerts, and to the cinemas.

    Allowing people to share any information (be it text [books], audio [music] or moving pictures [movies]) doesn't automatically make us go back to stone age. Quite the opposite. It will force artists into being even more creative in how they attract their audience.

    I believe we can have a world completely without patents and copyrights. I'm absolutely certain that business will flourish as they always have. Copyright only makes it easy for (large) businesses to excercise oppression on citizens (RIAA, MPAA, BSA). It has, in real life, nothing to do with getting paid for what you do.

    And quite frankly, I think it's pathetic that some frightened writers or song writers asks "how will I get paid?". I don't ask them how I will get paid. If I don't get paid, I change job. You can't make money out of your job? Change it. Surely a lot of intelligent artists will be able to make money off their work, without crying out in media "but how will I get paid??". That's really not my problem.
    And, as I stated, they do get paid now, even though many people get their works for free (and have done, for centuries). Just remove the money sink aka "production companies", and the audience will pay the artist directly. They'll easily be rich (if that's what they want), if their work is appreciated.
  • by Sciamachy ( 198192 ) <`moc.liamg' `ta' `yhcamaics'> on Monday January 14, 2008 @06:43AM (#22032844) Homepage
    I find that for every track I get for free from an artist, I tend to want to reward the artist fairly. This weekend just gone, I came across the CASH music site, linked to from Kristin Hersh's blog (http://www.throwingmusic.com/blog). I downloaded both the tracks she'd put up there, though "Hey, this is pretty good..." and decided to do the 3 dollar one-off donation that they ask for but don't force from you. Then as the tracks grew on me I thought "I could do with more of this..." so I went & bought her latest album from iTunes. The point being that for a lot of people, file-sharing is merely like a form of advertising, a free sample or loss-leader that gets the customer into the metaphorical showroom so they can buy more. Kristin's doing a great thing by releasing her work under a Creative Commons attributable, changeable share-alike license - people are free to remix it, mash it up, change the lyrics, cover it, do derivative artwork, sculpture or whatever, as long as they link back to their work & publish it under the same license. Her wish is that we regain the sort of musical communities we had back in the heyday of folk & blues, where a song remains after the artist has travelled elsewhere, & it takes on a local aspect, different chords, lyrics etc.

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