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www/philosophy dat.html
|
From: |
Yavor Doganov |
|
Subject: |
www/philosophy dat.html |
|
Date: |
Wed, 04 Apr 2007 15:01:08 +0000 |
CVSROOT: /web/www
Module name: www
Changes by: Yavor Doganov <yavor> 07/04/04 15:01:08
Modified files:
philosophy : dat.html
Log message:
Templated.
CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/dat.html?cvsroot=www&r1=1.9&r2=1.10
Patches:
Index: dat.html
===================================================================
RCS file: /web/www/www/philosophy/dat.html,v
retrieving revision 1.9
retrieving revision 1.10
diff -u -b -r1.9 -r1.10
--- dat.html 31 Mar 2007 15:30:36 -0000 1.9
+++ dat.html 4 Apr 2007 15:00:50 -0000 1.10
@@ -1,26 +1,8 @@
-<?xml version="1.0" encoding="utf-8" ?>
-<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN"
- "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd";>
-<html xmlns="http://www.w3.org/1999/xhtml"; xml:lang="en">
-
-<head>
-<title>The Right Way to Tax DAT- GNU Project - Free Software Foundation
(FSF)</title>
-<meta http-equiv="content-type" content='text/html; charset=utf-8' />
-<link rel="stylesheet" type="text/css" href="/gnu.css" />
-<link rev="made" href="mailto:address@hidden"; />
-</head>
-
-<!-- This document is in XML, and xhtml 1.0 -->
-<!-- Please make sure to properly nest your tags -->
-<!-- and ensure that your final document validates -->
-<!-- consistent with W3C xhtml 1.0 and CSS standards -->
-<!-- See validator.w3.org -->
+<!--#include virtual="/server/header.html" -->
+<title>The Right Way to Tax DAT - GNU Project - Free Software Foundation
(FSF)</title>
+<!--#include virtual="/server/banner.html" -->
+<h2>The Right Way to Tax <abbr title="Digital Audio Tape">DAT</abbr></h2>
-<body>
-
-<p><a href="#translations">Translations</a> of this page</p>
-
-<h3>The Right Way to Tax DAT</h3>
<p>
by <a href="http://www.stallman.org/";><strong>Richard Stallman</strong></a></p>
<p>
@@ -32,98 +14,66 @@
</em></p>
<p>
-<a href="/graphics/philosophicalgnu.html"><img
src="/graphics/philosophical-gnu-sm.jpg"
- alt=" [image of a Philosophical Gnu] "
- width="160" height="200" /></a>
-</p>
-
-<hr />
-
-<h4>Table of Contents</h4>
-
-<ul>
- <li><a href="dat.html#sec1"
- id="toc1"><em>What is the purpose of copyright?</em></a></li>
- <li><a href="dat.html#sec2"
- id="toc2"><em>Diminishing returns</em></a></li>
- <li><a href="dat.html#sec3"
- id="toc3"><em>Trade-offs</em></a></li>
- <li><a href="dat.html#sec4"
- id="toc4"><em>``Incentive'' is the wrong concept</em></a></li>
- <li><a href="dat.html#sec5"
- id="toc5"><em>Who should get the funds</em></a></li>
- <li><a href="dat.html#sec6"
- id="toc6"><em>Dividing the funds</em></a></li>
- <li><a href="dat.html#sec7"
- id="toc7"><em>Encouraging home copying</em></a></li>
- <li><a href="dat.html#sec8"
- id="toc8"><em>Measuring the use of each piece of music</em></a></li>
- <li><a href="dat.html#sec9"
- id="toc9"><em>Conclusion</em></a></li>
- <li><a href="dat.html#sec10"
- id="toc10"><em>What You Can Do</em></a></li>
- <li><a href="/philosophy/philosophy.html">Other Texts to Read</a></li>
-</ul>
-
-<hr />
-
-<p>
Record company magnates don't like the digital audio tape recorder
-(DAT), which can make perfect copies of musical recordings. They fear
-that customers will copy music themselves, and stop buying prerecorded
-music.</p>
+(<abbr>DAT</abbr>), which can make perfect copies of musical
+recordings. They fear that customers will copy music themselves, and
+stop buying prerecorded music.</p>
<p>
Threatening lawsuits, they have obtained from the manufacturers of
-DATs an agreement to pay a fee for each DAT unit and each DAT tape sold
-to consumers. This fee is to be divided among various participants in
-the music business: musicians, composers, music publishers and record
-companies. In addition, DAT manufacturers have agreed to cripple DAT
-units so that they cannot make a copy of a copy of a prerecorded piece.</p>
+DATs an agreement to pay a fee for each <abbr>DAT</abbr> unit and
+each <abbr>DAT</abbr> tape sold to consumers. This fee is to be
+divided among various participants in the music business: musicians,
+composers, music publishers and record companies. In
+addition, <abbr>DAT</abbr> manufacturers have agreed to
+cripple <abbr>DAT</abbr> units so that they cannot make a copy of a
+copy of a prerecorded piece.</p>
<p>
Now the record companies have asked Congress to enact a law turning
-this fee into a tax and prohibiting manufacture of DAT tapedecks that
-function without imposed limitations.</p>
+this fee into a tax and prohibiting manufacture of <abbr>DAT</abbr>
+tapedecks that function without imposed limitations.</p>
<p>
- The stated purpose of the tax is to ``compensate'' musicians for
-copying done by individuals using DATs. However, 57 percent of the
-funds collected would go to record companies and music
-publishers--leaving less than half to the people who participate in the
-creative process. Most of these remaining funds would go to musical
-superstars, and thus would do little to encourage musical creativity.
-Meanwhile, DAT users would be unable to make full use of the power of
-DAT technology.</p>
-<p>
- Here is a proposal for a different system for taxing DATs and DAT
-tape--one designed to support music rather than cater to vested
-interests.</p>
+ The stated purpose of the tax is to “compensate”
+musicians for copying done by individuals using <abbr>DAT</abbr>s.
+However, 57 percent of the funds collected would go to record
+companies and music publishers—leaving less than half to the
+people who participate in the creative process. Most of these
+remaining funds would go to musical superstars, and thus would do
+little to encourage musical creativity. Meanwhile, <abbr>DAT</abbr>
+users would be unable to make full use of the power of
+<abbr>DAT</abbr> technology.</p>
+<p>
+ Here is a proposal for a different system for
+taxing <abbr>DAT</abbr>s and <abbr>DAT</abbr> tape—one designed
+to support music rather than cater to vested interests.</p>
<ul>
-<li>Collect funds with a tax on DAT machines and DAT tapes, as the
- current proposal provides.</li>
+<li>Collect funds with a tax on <abbr>DAT</abbr> machines
+ and <abbr>DAT</abbr> tapes, as the current proposal
+ provides.</li>
<li>Use a survey system to measure the extent of copying of each
musical piece.</li>
<li>Distribute these funds entirely to the people who create music.</li>
<li>Adjust each contributor's share so that it increases more slowly
per copy as it gets larger. This spreads the funds more widely to
support a larger number of musicians adequately.</li>
-<li>Make no restrictions on the functioning of DATs.</li>
+<li>Make no restrictions on the functioning of <abbr>DAT</abbr>s.</li>
</ul>
-<h4><a href="dat.html#toc1"
- id="sec1">What is the purpose of copyright?</a></h4>
+<h3>What is the purpose of copyright?</h3>
+
<p>
- The record industry presents its proposal as a way to ``compensate''
-musicians, assuming that they are entitled to be paid for any copy made.
-Many Americans believe that copyright law reflects a natural right of
-authors or musicians--that these are entitled to special consideration
-from public policy. However, any lawyer specializing in the field knows
-this is a misunderstanding, a view rejected by the American legal
-system.</p>
+ The record industry presents its proposal as a way to
+“compensate” musicians, assuming that they are entitled to
+be paid for any copy made. Many Americans believe that copyright law
+reflects a natural right of authors or musicians—that these are
+entitled to special consideration from public policy. However, any
+lawyer specializing in the field knows this is a misunderstanding, a
+view rejected by the American legal system.</p>
<p>
The stated purpose of copyright, given in the U.S. Constitution, is
-to ``promote the progress of science and the useful arts''. Progress in
-music means new and varied music for the public to enjoy: copyright is
-supposed to promote a public good, not a private one.</p>
+to “promote the progress of science and the useful arts”.
+Progress in music means new and varied music for the public to enjoy:
+copyright is supposed to promote a public good, not a private one.</p>
<p>
Yet copyright is often thought of as a natural right by laymen and
politicians, which often leads to wrong decisions about copyright
@@ -142,14 +92,13 @@
facts (how does a particular law affect musical activity and music
users) and partly on our value judgements about those results.</p>
<p>
- Let's assume that it is worth paying a DAT tax if the result is a
-significant increase in musical activity, and investigate how we should
-arrange the details of this tax in order to maximize the benefit. But
-first, let's review basic principles and facts which have a bearing on
-the inquiry.</p>
+ Let's assume that it is worth paying a <abbr>DAT</abbr> tax if the
+result is a significant increase in musical activity, and investigate
+how we should arrange the details of this tax in order to maximize the
+benefit. But first, let's review basic principles and facts which
+have a bearing on the inquiry.</p>
-<h4><a href="dat.html#toc2"
- id="sec2">Diminishing returns</a></h4>
+<h3>Diminishing returns</h3>
<p>
The law of diminishing returns is a general principle of economics.
@@ -173,25 +122,27 @@
have a smaller effect on the amount of creativity in music.</p>
<p>
Diminishing returns is the first reason to reject the idea that any
-use of music ``should'' be covered by copyright. There is nothing to gain
-by trying to guarantee owners control of every possible aspect of the
-use of music or to give them a financial stake in every possible
-aftermarket. Extending copyright can only ``promote progress'' up to a
-certain point. Further extensions merely increase what the public pays
-to the owners for what they will do anyway. Extending copyright beyond
-that point is certainly undesirable.</p>
+use of music “should” be covered by copyright. There is
+nothing to gain by trying to guarantee owners control of every
+possible aspect of the use of music or to give them a financial stake
+in every possible aftermarket. Extending copyright can only
+“promote progress” up to a certain point. Further
+extensions merely increase what the public pays to the owners for what
+they will do anyway. Extending copyright beyond that point is
+certainly undesirable.</p>
+
+<h3>Trade-offs</h3>
-<h4><a href="dat.html#toc3"
- id="sec3">Trade-offs</a></h4>
<p>
Those with a vested interest in extending copyright start the
-discussion by claiming that copyright ``should'' be extended as far as it
-can go. But the principle of diminishing returns renders this claim
-implausible. So they fall back on the position that copyright should
-be extended to maximize the rate of progress. But this too is wrong,
-because it ignores the existence of other trade-offs. Copyright
-imposes costs and burdens on the public, like any other government
-project. The benefit may not be worth the price.</p>
+discussion by claiming that copyright “should” be extended
+as far as it can go. But the principle of diminishing returns renders
+this claim implausible. So they fall back on the position that
+copyright should be extended to maximize the rate of progress. But
+this too is wrong, because it ignores the existence of other
+trade-offs. Copyright imposes costs and burdens on the public, like
+any other government project. The benefit may not be worth the
+price.</p>
<p>
Government fills many important functions, but few would say that any
one of these functions should be expanded to maximize output. For
@@ -207,14 +158,15 @@
finite resources, at some point spending more on a house becomes a poor
allocation of them.</p>
<p>
- Copyright does not directly spend public funds, but it does impose a
-cost--a loss of freedom--on every citizen. The wider the scope of
-copyright, the more freedom we pay. We might prefer to exercise some of
-our freedoms rather than trade them away. We must judge any decision in
-copyright policy by comparing the benefits with the costs.</p>
+ Copyright does not directly spend public funds, but it does impose
+a cost—a loss of freedom—on every citizen. The wider the
+scope of copyright, the more freedom we pay. We might prefer to
+exercise some of our freedoms rather than trade them away. We must
+judge any decision in copyright policy by comparing the benefits with
+the costs.</p>
+
+<h3>“Incentive” is the wrong concept</h3>
-<h4><a href="dat.html#toc4"
- id="sec4">``Incentive'' is the wrong concept</a></h4>
<p>
The idea of providing a monetary incentive for making music is based
on a misunderstanding. Musicians hope primarily for other kinds of
@@ -232,19 +184,21 @@
time to it. As long as they earn enough to live, they will make music
as best they can. We might wish them to earn somewhat more than just
enough, so they can live as well as most Americans. But to offer them
-wealth beyond this gains the public little--it is a matter of
+wealth beyond this gains the public little—it is a matter of
diminishing returns.</p>
<p>
- With this understanding, let's consider how a tax on DAT tape could
-be designed to serve the intended purpose of copyright.</p>
+ With this understanding, let's consider how a tax
+on <abbr>DAT</abbr> tape could be designed to serve the intended
+purpose of copyright.</p>
+
+<h3>Who should get the funds</h3>
-<h4><a href="dat.html#toc5"
- id="sec5">Who should get the funds</a></h4>
<p>
- If the purpose of the DAT tax is to better reward musicians and
-composers, then all the money collected should go to them--not just 43
-percent. The musicians and composers are the ones who truly create the
-music. In principle, we could do without record companies entirely.</p>
+ If the purpose of the <abbr>DAT</abbr> tax is to better reward
+musicians and composers, then all the money collected should go to
+them—not just 43 percent. The musicians and composers are the
+ones who truly create the music. In principle, we could do without
+record companies entirely.</p>
<p>
Record companies do provide a useful service: they distribute
prerecorded copies of music, usually of high quality. This service is
@@ -255,8 +209,8 @@
The record companies contribute only incidentally and their role is not
essential.</p>
-<h4><a href="dat.html#toc6"
- id="sec6">Dividing the funds</a></h4>
+<h3>Dividing the funds</h3>
+
<p>
What share of the tax revenues should each musician or composer get?
The record company proposal would divide the money in proportion to
@@ -271,46 +225,49 @@
<p>
We can promote music more effectively by making any one musician's
share of the tax revenues taper off as copies increase. For example,
-we could calculate an ``adjusted number of copies'' which, beyond a
-certain point, increases more slowly than the actual number.</p>
+we could calculate an “adjusted number of copies” which,
+beyond a certain point, increases more slowly than the actual
+number.</p>
<p>
The effect of tapering off will be to spread the money more widely,
supporting more musicians at an adequate standard of living. This
encourages diversity, which is what copyright is supposed to do.</p>
<p>
- The US government has already established a program to fund
-diversity in the arts: the NEA. However, NEA grants involve
-discretionary power, which makes them a center for controversy,
-sometimes because a few members of the public strongly dislike the
-work, and sometimes because hardly anyone particularly likes it.
-Spreading out DAT tax revenues will also have the effect of supporting
-less popular musicians. However, it will not support musicians whose
-work nobody likes. In addition, since it involves no discretion, no
-arbitrary decisions, there is little room for objection on account of
-any particular case.</p>
+The US government has already established a program to fund diversity
+in the arts: the <acronym title="National Endowment for the
Arts">NEA</acronym>.
+However, <acronym>NEA</acronym> grants involve discretionary power,
+which makes them a center for controversy, sometimes because a few
+members of the public strongly dislike the work, and sometimes because
+hardly anyone particularly likes it. Spreading out <abbr>DAT</abbr>
+tax revenues will also have the effect of supporting less popular
+musicians. However, it will not support musicians whose work nobody
+likes. In addition, since it involves no discretion, no arbitrary
+decisions, there is little room for objection on account of any
+particular case.</p>
+
+<h3>Encouraging home copying</h3>
-<h4><a href="dat.html#toc7"
- id="sec7">Encouraging home copying</a></h4>
<p>
The record company proposal includes a requirement to make it
-difficult for home listeners to make copies. Specifically, it requires
-that consumer DAT machines refuse to copy a copy that was made on a
-consumer DAT machine. The argument for this requirement is based on
-the assumption that home copying is somehow unfair.</p>
+difficult for home listeners to make copies. Specifically, it
+requires that consumer <abbr>DAT</abbr> machines refuse to copy a copy
+that was made on a consumer <abbr>DAT</abbr> machine. The argument
+for this requirement is based on the assumption that home copying is
+somehow unfair.</p>
<p>
In the past, many people have considered it unfair, because it
-reduced the income of musicians. The DAT tax makes this reason
-obsolete. Once home copying does contribute to the income of
-musicians, through the DAT tax, the reason to discourage home copying
-disappears.</p>
-<p>
- Therefore, if a DAT tax is adopted, the ability to copy DAT tapes
-should not be restricted. Home copying is more efficient than record
-companies and record stores; music lovers should be encouraged to use
-home copying as much as possible.</p>
+reduced the income of musicians. The <abbr>DAT</abbr> tax makes this
+reason obsolete. Once home copying does contribute to the income of
+musicians, through the <abbr>DAT</abbr> tax, the reason to discourage
+home copying disappears.</p>
+<p>
+ Therefore, if a <abbr>DAT</abbr> tax is adopted, the ability to
+copy <abbr>DAT</abbr> tapes should not be restricted. Home copying is
+more efficient than record companies and record stores; music lovers
+should be encouraged to use home copying as much as possible.</p>
+
+<h3>Measuring the use of each piece of music</h3>
-<h4><a href="dat.html#toc8"
- id="sec8">Measuring the use of each piece of music</a></h4>
<p>
Today, nearly all the recorded music in the United States is
purchased in record stores; home copying is but a small fraction. This
@@ -337,13 +294,14 @@
To make the survey more efficient and broader-based (and thus more
accurate), it could be automated. The survey bureau could mail
read-write memory cards to the chosen participants, who would connect
-them momentarily to their DAT units and then mail them back. With
-proper design, the survey bureau would have no way of knowing who had
-sent in any particular card, and thus no information about who had
-copied what, but they would still have an accurate total.</p>
+them momentarily to their <abbr>DAT</abbr> units and then mail them
+back. With proper design, the survey bureau would have no way of
+knowing who had sent in any particular card, and thus no information
+about who had copied what, but they would still have an accurate
+total.</p>
+
+<h3>Conclusion</h3>
-<h4><a href="dat.html#toc9"
- id="sec9">Conclusion</a></h4>
<p>
The record companies have proposed an excellent scheme for taxing the
public to increase their own income, but this isn't a legitimate purpose
@@ -351,16 +309,17 @@
than past means, we can design a system which supports musicians while
giving citizens full freedom to copy music as they wish.</p>
-<h4><a href="dat.html#toc10"
- id="sec10">What You Can Do</a></h4>
+<h3>What You Can Do</h3>
+
<p><em>
[This section is no longer applicable today; it is too late, because
-the DAT tax was bill was already passed and signed.]
+the <abbr>DAT</abbr> tax was bill was already passed and signed.]
</em></p>
<p>
- Record company lobbyists are working hard to pass their form of DAT
-tax. There is little organized opposition, and little public debate.
-Their bill has already been sent out of committee in the Senate.</p>
+ Record company lobbyists are working hard to pass their form
+of <abbr>DAT</abbr> tax. There is little organized opposition, and
+little public debate. Their bill has already been sent out of
+committee in the Senate.</p>
<p>
This article proposes an alternative to the record company plan. In
order for this alternative, or any alternative, to have a chance, we
@@ -391,61 +350,24 @@
copies of this article. Many musicians prefer this alternative to the
record company tax plan, and they are strongly motivated to act on their
concern.</p>
-<p><em>
-[The article above was published in Wired magazine in 1992. The
-record company DAT tax bill was later signed into law by President
-George ``read my lips'' Bush. Although this was shortly before the
-1992 election, little attention was paid to the fact that he had once
-again broken his vow not to approve any new taxes.]
-</em></p>
-<hr />
-<h4><a href="/philosophy/philosophy.html">Other Texts to Read</a></h4>
-<hr />
-
-<!-- All pages on the GNU web server should have the section about -->
-<!-- verbatim copying. Please do NOT remove this without talking -->
-<!-- with the webmasters first. -->
-<!-- Please make sure the copyright date is consistent with the document -->
-<!-- and that it is like this "2001, 2002" not this "2001-2002." -->
-
-<div class="translations">
-<p><a id="translations"></a>
-<b>Translations of this page</b>:<br />
-
-<!-- Please keep this list alphabetical, and in the original -->
-<!-- language if possible, otherwise default to English -->
-<!-- If you do not have it English, please comment what the -->
-<!-- English is. If you add a new language here, please -->
-<!-- advise address@hidden and add it to -->
-<!-- - in /home/www/bin/nightly-vars either TAGSLANG or WEBLANG -->
-<!-- - in /home/www/html/server/standards/README.translations.html -->
-<!-- one of the lists under the section "Translations Underway" -->
-<!-- - if there is a translation team, you also have to add an alias -->
-<!-- to mail.gnu.org:/com/mailer/aliases -->
-<!-- Please also check you have the 2 letter language code right versus -->
-<!-- http://www.w3.org/WAI/ER/IG/ert/iso639.htm -->
+<p><em>[The article above was published in Wired magazine in 1992.
+The record company <abbr>DAT</abbr> tax bill was later signed into law
+by President George “read my lips” Bush. Although this
+was shortly before the 1992 election, little attention was paid to the
+fact that he had once again broken his vow not to approve any new
+taxes.]
+</em></p>
-[
- <a href="/philosophy/dat.zh-cn.html">简体中文</a>
<!-- Chinese(Simplified) -->
-| <a href="/philosophy/dat.zh-tw.html">繁體中文</a>
<!-- Chinese(Traditional) -->
-| <a href="/philosophy/dat.cs.html">Česky</a> <!-- Czech -->
-| <a href="/philosophy/dat.html">English</a>
-| <a href="/philosophy/dat.es.html">Español</a> <!-- Spanish -->
-| <a href="/philosophy/dat.fr.html">Français</a> <!-- French -->
-]
-</p>
</div>
-<div class="copyright">
-<p>
-Return to the <a href="/home.html">GNU Project home page</a>.
-</p>
+<!--#include virtual="/server/footer.html" -->
+<div id="footer">
<p>
Please send FSF & GNU inquiries to
<a href="mailto:address@hidden";><em>address@hidden</em></a>.
-There are also <a href="/home.html#ContactInfo">other ways to contact</a>
+There are also <a href="/contact/">other ways to contact</a>
the FSF.
<br />
Please send broken links and other corrections (or suggestions) to
@@ -454,13 +376,13 @@
<p>
Please see the
-<a href="/server/standards/README.translations.html">Translations
+<a href="/server/standards/README.translations">Translations
README</a> for information on coordinating and submitting
translations of this article.
</p>
<p>
-Copyright 1992 Richard M. Stallman
+Copyright © 1992 Richard M. Stallman
<br />
Verbatim copying in any medium is permitted without fee
provided the copyright notice and this notice are preserved.
@@ -469,10 +391,42 @@
<p>
Updated:
<!-- timestamp start -->
-$Date: 2007/03/31 15:30:36 $ $Author: yavor $
+$Date: 2007/04/04 15:00:50 $
<!-- timestamp end -->
</p>
</div>
+<div id="translations">
+<h3>Translations of this page:</h3>
+
+<!-- Please keep this list alphabetical. -->
+<!-- Comment what the language is for each type, i.e. de is Deutsch.-->
+<!-- If you add a new language here, please -->
+<!-- advise address@hidden and add it to -->
+<!-- - /home/www/bin/nightly-vars either TAGSLANG or WEBLANG -->
+<!-- - /home/www/html/server/standards/README.translations.html -->
+<!-- - one of the lists under the section "Translations Underway" -->
+<!-- - if there is a translation team, you also have to add an alias -->
+<!-- to mail.gnu.org:/com/mailer/aliases -->
+<!-- Please also check you have the 2 letter language code right versus -->
+<!-- <URL:http://www.w3.org/WAI/ER/IG/ert/iso639.htm> -->
+<!-- Please use W3C normative character entities -->
+
+<ul class="translations-list">
+<!-- Czech -->
+<li><a href="/philosophy/dat.cs.html">Česky</a> [cs]</li>
+<!-- English -->
+<li><a href="/philosophy/dat.html">English</a> [en]</li>
+<!-- Spanish -->
+<li><a href="/philosophy/dat.es.html">Español</a> [es]</li>
+<!-- French -->
+<li><a href="/philosophy/dat.fr.html">Français</a> [fr]</li>
+<!-- Chinese(Simplified) -->
+<li><a
href="/philosophy/dat.zh-cn.html">简体中文</a> [zh-cn]</li>
+<!-- Chinese(Traditional) -->
+<li><a
href="/philosophy/dat.zh-tw.html">繁體中文</a> [zh-tw]</li>
+</ul>
+</div>
+</div>
</body>
</html>
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