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Email to Toby Hemenway re: Piracy

Email to Toby Hemenway re: Piracy

January 27, 2011 by jdaviescoates 95 Comments

NOTE: I’ve had a series of increasingly great responses from Toby – please see the comments

Toby Hemenway, a leading permaculture author sent me a message with very very thinly veiled threat to sue me for including his great book Gaia’s Garden here https://files.uniteddiversity.com/Permaculture/ (someone else has also put it up on Scribd)

Here is the text of his message:

at https://files.uniteddiversity.com/Permaculture/ you have a pirated copy of my book, Gaia’s Garden. My publisher, Chelsea Green, has prosecuted pirates often. You also have copies of Paul Stamet’s books, and Paul has been known to sue the shit out of pirates. You also have Fukuoka’s books, which my friend Larry Korn took years to translate. Larry, a pioneer organic farmer, badly needs the money from sales. Why would you steal from your colleagues and teachers like this? It makes it very hard to write again if we aren’t supported. You might want to take those books down. Free is not sustainable.

And here is my response:

Hi Toby,

Thanks for getting in touch. πŸ™‚

Please forgive me in advance for this lengthly email, but this is a topic that is of great import to me (and I’m supposed to be doing my tax return! πŸ˜‰ )

Firstly, let me share with you that I’m currently in the process of designing my first Forest Garden and I was just last night reading the 2nd edition of your great book (of which I own a hard copy). Thanks for all your great work!

I must say, however, that it saddens me greatly that people as enlightened as yourself have not yet realised how backward and pointless trying to enforce copyright is, nor accepted the fact that digital content that exists can be, and usually is, copied many many times.

It is time for many more authors and publishers (especially the good ones!) to acknowledge that the current, rather dated, publishing model is no longer sustainable in the digital networked age we find ourselves in.

The commons-based peer production of free software and content is in fact much more so;  Linux dominates the server market and more and more enlightened people use it on their desktops too. Firefox is now the most popular web browser in Europe. Wikipedia, whose software and content has always been free to share, is consistently in the top 10 visited websites on the planet.

Perhaps even more excitingly, the Open Source 3D Printer, RepRap, cost 60 times less than commercial competition and Open Source Ecology are designing, building and sharing a whole Global Village Construction Set, (think PermaFacture of just about everything πŸ™‚ ) https://openfarmtech.org

The electronic copy of your book (and all the other important and timely information nicely organised into folders on https://files.uniteddiversity.com )  is out in the wild already, and was so before I got my hands on it (that is how I got my hands on it). There is absolutely nothing anyone can do about that, however many lawyers and court cases are involved. This is a fact that publishers and authors stuck in an old mindset and dependent on old business models ignore at their peril.

For some context, I’d really love it if you could please take 30mins to listen to this great presentation that Lawrence Lessig of the Electronic Frontier Foundation gave back in 2002:
https://randomfoo.net/oscon/2002/lessig/free.html

He sums it up at the beginning with a short refrain:

1. Creativity and innovation always builds on the past.
2. The past always tries to control the creativity that builds upon it.
3. Free societies enable the future by limiting this power of the past.
4. Ours is less and less a free society.

Perhaps also read these articles by Sci-Fi author Cory Doctorow…

Why free ebooks should be part of the plot for writers:

“My problem isn’t piracy, it’s obscurity, and free ebooks generate more sales than they displace.”

 
https://www.guardian.co.uk/technology/2009/aug/18/free-ebooks-cory-doctorow

The real cost of free:

“The topic I leave my family and my desk to talk to people all over the world about is the risks to freedom arising from the failure of copyright giants to adapt to a world where it’s impossible to prevent copying. Because it is impossible.“

 

if I give away my ebooks under a Creative Commons licence that allows
non-commercial sharing, I’ll attract readers who buy hard copies. It’s
worked for me – I’ve had books on the New York Times bestseller list for
the past two years.

https://www.guardian.co.uk/technology/blog/2010/oct/05/free-online-content-cory-doctorow

Free data sharing is here to stay

I sell my printed books by giving away electronic books

https://www.guardian.co.uk/technology/2007/sep/18/informationeconomy

This post (and the comments) on Rob Hopkins book is also relevant:

https://transitionculture.org/2008/06/20/the-fascinating-story-of-a-viral-drum-break/

The fact is, copying isn’t theft (the owner of the original copy still has their copy) and ALL creative work is derivative.

As for your threats to get Chelsea Green etc to sue me…

1. I have no money and no assets (OK, I admit, I do have about 300GBP in savings and 1000GBP invested in the Ecological Land Co-op, plus a few other bits and bobs here and there), so not sure what they’d achieve with that.

2. The small two-person co-op I work for and founded, United Diversity, is all about helping people to discover, contribute to and replicate intelligent responses to climate, energy and economic uncertainty. Our purpose is to improve quality of life on Earth whilst simultaneously reducing ecological footprint. Is this really the sort of organisation you want to sue?

3. As part of our work, we are indirect long-term customers of your publisher, Chelsea Green (through UK distributors, Green Books).  I have personally set-up and run market stalls at green fairs and festivals all over the UK and have sold 100s, probably 1000s of their hard copy books, including yours. Is this really the sort of person you’d want your publishers to waste their time and money trying to sue from across the Atlantic? Are there not many many far more urgent and important (let alone more fun, interesting and inspiring) things to be getting on with and using precious resources to do?

4. I personally take the viewpoint that whilst sharing copyrighted material that is not released under a Creative Commons (or some other modern, open, license) is technically illegal, that sharing it is in fact preventing a far greater crime; widespread ignorance and the destruction of ecosystems everywhere. Note that in the UK this argument has on numerous occasions stood up in a court of law. See, for example: https://uniteddiversity.com/damaging-property-to-prevent-climate-change-is-legal/

So whilst I “might want to take those books down”, then again, I might not.

Afterall, what good would it really achieve?

Like I said before, everything on https://files.uniteddiversity.com is not only really important info very pertinent to our times, but its also already out in the wild. It is literally impossible to remove it from the Internet at large (which is where I got it all from in the first place).

What is really the point of removing it from my lovingly-collated pdf collection when anyone who can get online (that’ll be nearly 1/3 of the population on Earth then, nearly 2 billion people) and knows how to search https://www.google.co.uk/search?q=gaias+garden+.torrent will be able to find it and download it from peers spread all over the globe (some of which, no doubt, live in jurisdictions with more sensible, i.e. non-existent, copyright laws).

Of course, we’ve all got to make a livelihood. And in this overly monestised world we find ourselves in, part of that involves creating/ producing stuff for sale to others for money – because most of us still need money to live (although don’t say that to my friend Mark “Moneyless Man” Boyle who has lived for about 2 years without using money at all and is currently blogging about others who’ve been doing it for years https://www.justfortheloveofit.org/blog ).

And, of course, I think creators of all kinds, authors included, ought to be fairly compensated for their efforts.

One possible solution to this conundrum in the digital age is what is known at the Street Performer Protocol or Threshold Pledge System

https://en.wikipedia.org/wiki/Threshold_pledge_system
https://www.logarithmic.net/pfh/rspp
https://www.schneier.com/paper-street-performer.html

Numerous online crowdfunding platforms (e.g. Kickstarter.com, IndieGoGo.com etc.) are now available that facilitate such a system.

Flattr https://flattr.com/ , launched last August, is also a great model that nicely fits the world we now inhabit.

How about we try an experiment?

Next time you are about to start writing a new book, or a new edition of an existing book, you estimate the amount of work it’ll take, and the revenue you’d expect to make, and then, using one of the many crowdfunding platforms, simply ask people to give you however much you think is fair, up front. In return you could agree to publish it as a public domain work, gifting it to the global commons. That’d be awesome! You could also simultaneously publish the book online and put flattr buttons on each and every post/ page.

I bet that would work. You could probably make even more money from your writing by publishing that way than you do now. Meanwhile your important work would be legally free to share (thankfully its already free to share, just not legally) and we’d all be a step closer to creating and living in the the world we want (not in a world dominated by bankers, lawyers and monocultures). Moreover, people like me who dedicate their lives to collecting and spreading important information wouldn’t have to live their lives in fear of law suits!

You’d also gain respect from all the cool young kids who’ve grown up with the Internet (i.e. the very people we NEED to get doing permaculture NOW) and who understand intuitively that artificially creating scarcity of electronic goods is as absurd as pretending the world is infinite and the economy can grow forever.

If you try it and it doesn’t work, I’ll happily take your book down from https://files.uniteddiversity.com despite the fact that this would be fairly pointless and the only thing it is likely to achieve is to very very slightly reduce your book sales as less people (i.e. those few that find it via my website) discover your important work.

Warmest regards and much respect,

Josef.

What do you think about all this?

Filed Under: Uncategorised Tagged With: All stories, All stories, Authors, Books, Business, Compensation, Content, Creative Commons, Digital, Economics, Education, Education, Email, Free, Free Culture, Gaia's Garden, Media, Media, Money, Money, open, Open Publishing, p2p, P2P Business Models, Permaculture, Permaculture, Publishing, Reward, Sharing Economy, Street Performer Protocol, Threshold Pledge System, Toby Hemenway

Comments

  1. josef says

    January 27, 2011 at 4:45 am

    Woah, just got another message in a similar vein from another author called Steve Solomon:

    From: Steve Solomon
    Subject: Copyright violation

    Message Body:
    Your website is offering unauthorized free downloads of my in-print copyrighted book. I have advised my publisher. Please take this item offline before my publisher’s lawyer has a go at you for copyright violations. Please advise your intentions.

    My response:

    Hi Steve,

    Thanks very much for your message.

    I’m not such which book is yours? No doubt it is a great book! So thank you for taking the time to write it! I share an awful lots of important information pertinent to your times on my file server, all of which is freely available elsewhere online (which is where I got it from in the first place).

    I’d encourage you to please:

    1) be more specific about your request. Where is your book posted and what is it called?

    2) have a read, and good long think about, the reply I just posted Toby Hemenway in response to a similar request I received from him yesterday:
    https://uniteddiversity.com/email-to-toby-hemenway-re-piracy/

    (is it fair to assume that Toby pointed you in the direction of my site?)

    3) please also get your publisher to read that – they are probably using an out of date business model and may want to adapt and survive in these uncertain economic times.

    Warm regards,

    Josef.

    Reply
    • Matthew Gardiner says

      February 3, 2011 at 1:00 pm

      Thanks for showing how foolish the consistency of copyright and leading such a clear and erudite line through the potential minefields around it. That mud made a very fine lotus πŸ™‚

      Reply
    • Sean says

      August 18, 2011 at 3:03 am

      Toby is right about this. Giving whole copies of books away is freeloading. If this happened to every book, what would the incentive be to publish (or write) books like Gaia’s Garden? It’s awfully presumptuous to appropriate someone else’s work and give it away. It’s like me walking into your car and liberating your car stereo. Like it or not, we all need some money to live by. I’m grateful to guys like Toby for writing books that matter. He doesn’t deserve the punishment of being stolen from. The market needs to learn there is a demand for these kinds of books. Besides, if you can’t afford it…go to the library.

      If you feel you need to liberate this material because it is so important, then write your own book and give it away for free.

      On another note, if you look at the kind of time Toby gives away (often at no cost) speaking to others about permaculture, I think everything more than evens out in the end.

      Reply
      • josef says

        August 18, 2011 at 8:21 am

        Hi Sean, thanks for your comment.

        “It’s like me walking into your car and liberating your car stereo”

        I disagree, it is not really like that at all. As Tom explains in the comments above:

        “Copyright infringement != Theft. Theft is deprivation of property. Copyright infringement is deprivation of potential earnings, or at the very least deprivation of the right to control the distribution of such an asset. While you can argue that both are bad (and arguably, _as_ bad, if not worse) they are quite different, but the creative industries have spent a lot of time and money trying to convince us that they’re the same, because β€œtheft” is easier to understand and easier to side against.” (although, as it has also been pointed out, it is very likely that sharing digital copies of books increases sales rather than decreases them – as best selling author Cory Doctorow points out β€œMy problem isn’t piracy, it’s obscurity, and free ebooks generate more sales than they displace.”).

        It is interesting that you suggest going to a library. Why are libraries not considered as thieves? What is the difference between online and offline libraries?

        Reply
        • Sean says

          August 30, 2011 at 7:14 pm

          I think something you are missing here is that the decision to open a book for free distribution lies with the writer/publisher…not with you. It also seems you think Toby is being some kind of jerk about this and that he is clearly wrong. There is much more gray area here.

          In the case of Cory Doctorow, he directly benefits from free distribution because (1) he’s an advocate of the Creative Commons and this bolsters his credibility, but also (2) this directly benefits his books because would be obscure otherwise. Cory derives his income from being a public figure on the internet. Obscurity for him does threaten his livelihood.

          I don’t think Cory quote or circumstances universally apply. Interestingly, I think you would find that Larry Lessig would be on Toby’s side. Lessig has a bigger problem with copyright being extended indefinitely, as is the case with the music industry. This problem represents a threat to future creativity and derivative works. He is still in favor of copyright for new work and for a limited time (which Toby’s 2nd edition certainly falls under).

          Also, from what I’ve heard Toby say, he is not an opponent of derivative works. So if the message is important to you, write your own book, or keep up the blog posts…make your contribution. As for furthering certain points, Toby also doesn’t have a problem with excerpts of his book.

          It seems the problem, then is with the wholesale giving away of something that is not yours.

          (Note on libraries: They are very different. They are buy their books–or receive them as donations. They are loaning the book out one at a time, not giving away full copies for keeping.)

          Reply
  2. josef says

    January 27, 2011 at 4:50 am

    Just sent another reply to Steve, I wonder what his response will be:

    Hi Steve,

    Just googled your name and discovered you’re the author of Gardening When It Counts – great book!

    I must say, that I’m a truly puzzled by people who write such great books and don’t want their work to be seen by as many people as possible.

    Could you perhaps share your reasoning with me? It is really hard for me to empathise.

    Many thanks,

    Josef.

    Reply
    • Rob says

      November 10, 2013 at 8:14 pm

      I first borrowed Gais Garden from the library. Then I bought it

      This post brought my attention to Gardening When It Counts. I’ll probably borrow that now or use the torrent to preview it, then probably buy that too.

      Then I thought “I should shoot you $5 for recommending the book”

      Which immediately created the thought that “a $5 donation to you is probably more than the author Steve would make from the book sale itself”

      Great discussion

      Reply
  3. Tom Salfield says

    January 27, 2011 at 6:59 am

    Its surprising how many people, however innovative and brilliant in their own sphere of work, fail to understand the importance of free culture to a free society. Makes me quite depressed about the world. If they can’t even innovate on workable business models for the 21th century what chance do they have of dealing with the ecological threats that out-of-date business models continue to propel.

    Reply
  4. josef says

    January 27, 2011 at 12:37 pm

    Steve’s initial response to my first email:

    Josef,
    I get where you’re coming from. I started and until a year ago, ran Soil and Health Library. But this book is my book and I am making some money from selling it and I can use those bucks. And my publisher is not a nice guy. The book is Gardening When It Counts. Your link is:

    https://files.uniteddiversity.com/Permaculture/Gardening_When_It_Counts-Growing_Food_In_Hard_Times.pdf

    Now, please get my book offline right away or else you may not like what happens once my publisher’s lawyer gets on your case.

    Steve

    And my reply:

    Hi Steve,

    On 27 January 2011 05:20, Steve Solomon wrote:

    Josef,
        I get where you’re coming from. I started
    and until a year ago, ran Soil and Health Library.

    Great job. Thank you!

    But this book is my book and
    I am making some money from selling it and I can use those bucks.

    That is actually a good reason to keep the book up!

    It is very likely that you’ll sell more hard copy books by more people coming across the ebook, making both you and your publisher more bucks. What makes you so sure the opposite is true? Afterall, the book is already online for free and you’re still selling lots of hard copies, no?

    Let me again quote Cory Doctorow (New York Times Best Selling Author).
    “free ebooks generate more sales than they displace.”
    “if I give away my ebooks…I’ll attract readers who buy hard copies”
    “I sell my printed books by giving away electronic books”

    Given that facts that:

    a) a free copy of your book has been available online for sometime, and
    b) you are still selling lots of hard copies of your book

    Couldn’t it be argued that a possible reason for you selling so many hard copy books is indeed because some kind soul (alas, not me) has taken the trouble to scan, and distribute for free, an electronic copy of your book on the Internet?

    And my
    publisher is not a nice guy.

    I’m not sure what the relevance of bringing your publisher’s character into this is? Doesn’t this demonstrate a bit of bad judgement on your part? Why on Earth would someone give exclusive distribution rights to someone they don’t even like?! This whole thing is getting more and more confusing and bizarre.

     

    The book is Gardening When It Counts. Your link
    is:
     
    https://files.uniteddiversity.com/Permaculture/Gardening_When_It_Counts-Growing_Food_In_Hard_Times.pdf

     
    Now, please get my book offline right away or else you
    may not like what happens once my publisher’s lawyer gets on your
    case.

    Steve, you’re putting me in a very difficult situation here. It is literally impossible for me to fulfill your request to take your book offline. Do you think I have some kind of omnipotent power over the whole Internet or something?

    Of course, I could conceivably arrange a board meeting and propose a motion that we remove the one single copy of your book that is hosted on our servers. But I can’t, of course, guarantee that our board will decide to take that plan of action. We’re a co-operative and have to make all decisions democratically.

    Besides, if even if the board do agree to enact my motion to remove your book from our servers, that would NOT get your book offline. It is out there. There is absolutely nothing I, nor anyone else, can do about that.

    Warm regards,

    Josef.

    Reply
  5. josef says

    January 27, 2011 at 12:58 pm

    Steve’s response to my second email to him (about googling his name, working out which book it was he’s written and ask for him to clarify his position):

    First, Joseph, the book brings in some cash for me and my publisher. Then after some years in print the cash inflow slows to a trickle. Then and only then does GWIC get on the net for free IF my publisher, who has exclusive distribution rights, consents or allows the book to go out of print.

    Incidentally, my book, GWIC, has already done its job. The conversation in the USA and Canada about the best ways to grow food gardens will never again be stupidly “intensive,” no other options being offered. This may save lives and reduce suffering in the coming (even) hard(er) times.

    Steve

    And my reply:

    On 27 January 2011 05:24, Steve Solomon wrote:

    First, Joseph, the book brings in some cash for me and my
    publisher.

    Great, I’m very glad to hear that! πŸ™‚

    It is important that creators and distributors of quality content are rewarded for their work.

     

    Then after some years in print the cash inflow slows to a
    trickle.

    Glad to hear that has not yet happened.

    My I posit that this may well be because you’re book is freely available online and thereby more and more people are discovering your important work, leading to increased sales?

    Then and only then does GWIC get on the net for free IF my publisher,
    who has exclusive distribution rights, consents or allows the book to go out of
    print.

    Huh? You’re really confusing me now. Your book IS online already. It is not possible to remove it, whatever your publisher wants.

    Like I said in my previous mail, I shall endeavour to get the one single copy of your book that is hosted on our servers removed. But no one can turn back time and get your book taken offline. It just not possible.

    Incidentally, my book, GWIC, has already done its job. The
    conversation in the USA and Canada about the best ways to grow food
    gardens will never again be stupidly “intensive,” no other options being
    offered. This may save lives and reduce suffering in the coming (even)
    hard(er) times.

    That is great news Steve, great job! Seriously.

    My sincere hope is that what with the book being out there (in both electronic and hard copy formats) the conversation in the rest of the world (where the vast majority of people live) will also change and thereby save yet more lives and reduce suffering in places where people have long been living under far harsher conditions than most of us can even contemplate.

    Lots of love,

    Josef.

    Reply
  6. Beth Tilston says

    January 27, 2011 at 1:10 pm

    I think if writers could see proper research that said that having effectively free copies of their book on the internet would lead to sales of hard copies then that might convince them that this is the way to go. Until then, it’s just hearsay from new media types (of which I admit I’m one). I don’t know if there is such research, but publishing companies would know. James Bridle – https://shorttermmemoryloss.com/ – would probably know. If there is such research, it deserves to be more widely known.

    I love open source/gift economy and I love doing things for people for free, but that’s my choice, and I think that writers of these books should have the same choice.

    It shouldn’t just be about money and I don’t think it is but the margins here are really small. It costs money to live – unless you’re Mark, and Mark’s life is hard. So you have a couple of choices, you can either make this money from doing something cool like writing a book. Or you could do something cool for free and get money to live from other sources, like doing something crappy part time, being on the dole or being supported by someone else like parents or a partner. This really matters to me at the moment, because I chose the ‘do something crappy part-time route,’ and I’m now sick of it. I don’t want to compromise. If you chose to write the book for money then the difference of a few thousand pounds really matters if say, you have to pay rent or feed your family.

    The traditional system is that writers get an advance, say around Β£5,000. Then, if their book sells well, they get royalties. That’s not a living wage for the amount of work that it takes to research and write a book, even as it stands. If you used something like Kickstarter, you may well be able to raise Β£5000 to pay you to write the book, but then that’s it. Plus, you’d have to spend writing time promoting the project so that you raised enough to cover your advance, and then you’d have to act as an internet publishing company to get it well known enough that people would read it. A lot of work, and you probably wouldn’t have the technical savvy or the confidence to do that.

    I don’t think that books are in the same place that music now is. It’s too early on in the game. It’s totally possible to launch a musical career without a record company, but I really don’t think its possible to launch a writing career without a publisher just yet. I agree that copyright doesn’t make any sense these days – but a sensibility that people need to get paid for the work they do hasn’t yet arisen either.

    Reply
    • josef says

      January 27, 2011 at 1:30 pm

      Thanks for your comment Beth, mostly agree with gist of everything you say (as usual).

      But you also seem to be missing one my central point here (as do these authors); it is literally impossible to remove their books from being freely available on the Internet. Once someone out there feels a book is so important that is must be shared, goes to the trouble of manually making and good scanned copy and then gets it out there is the bittorrent world, there is no going back.

      Like I said, I will have a board meeting about this, and we no doubt will agree to remove our copy of these authors books. But that does absolutely nothing about the fact their books are out there and always will be.

      The only conceivable way of stopping this from happening (and it would very likely be totally impossible to actually implement) would be to give Gov’ts and Corporations the right see absolutely EVERYTHING on ALL computers. If that ever happens it will be a very very sad and scary day and would make George Owell shit in his grave.

      Reply
  7. josef says

    January 27, 2011 at 4:36 pm

    I just noticed another bit of irony in this whole tragic comedy. One of the Fukuoka books that Toby mentions and complains about being in included in https://files.uniteddiversity.com/Permaculture/ is his classic The Natural Way of Farming.

    I wonder, can any of you guess where my copy of the book actually comes from?

    No? Well, I’ll tell you. From the totally BRILLIANT Soil and Health Library set-up and run my Steve Solomon.

    What a strange world we live in.

    Reply
  8. phil jones says

    January 27, 2011 at 9:03 pm

    Excellent! Great job.

    Reply
  9. josef says

    January 27, 2011 at 9:22 pm

    Thought I’d share the comments I received via email after sending this to the United Diversity list and the the Hub London members list:

    Misty Oldland wrote:

    cor well done..great letter..hope he responds!! xx

    Daniel Simpson wrote:

    Thanks Josef,

    Here’s another take that might be of interest:

    In the 19th century Germany caught up with England by ignoring copyright. China in the 21st: Ditto
    https://www.salon.com/technology/how_the_world_works/2010/08/19/the_key_to_economic_growth_is_stealing

    Best wishes,

    Daniel

    Kirstie wrote:

    Hi Josef
    Thank you so much for this! Just reading your response and was cheering along at each of the points you were making. Also thank you for brightening a very dark day where I’ve hit a wall with the controlling past as you call it and am feeling a bit battered and bruised. The amount of people that are frightened by those who want to share, do things for free and/or genuinely help each other evolve staggers me. I for one am glad you are out there!
    With much love and light
    Kirstie

    Daniel Simpson asked Kirstie:

    Do you offer your services at Alchemy for free, Kirstie? If not, why
    not?

    Daniel

    To which she responds:

    I do…which is why i’m skint. If I could live in a world without money I’d be happy. If someone could help me achieve that I’d be happier!

    Thank you, however, for your challenge. A check on my own ego is always appreciated.

    Adrian Gilpin wrote:

    Hi Josef,

    This issue goes way beyond copyright, the law and ethics.
    It is more important than all that.
    It is about ENERGY.

    The energy that we are inclined to waste on fighting the un-fightable, waging emotional war against the inevitability of free digital content!

    If large corporations invested 10% of the energy they waste on LITIGATION on INNOVATION instead – companies like EMI would not be in the poo.
    If short sighted authors would spend 50% of the time they spend GRUMBLING about their publishers, their agents, and the free-connected-digital-world on SOCIAL NETWORK MARKETING – their book sales would grow exponentially.

    One of America’s leading authors in the field of human potential – Wayne Dyer – spent his early career allowing promoters to record his presentations and give them away free to all who attended. It affected (slightly) his book and tape sales at the back of the room he was speaking in – but it made him one of the US’s top authors in his field.
    How?
    ABUNDANCE MENTALITY

    OK – I am calm now and can climb back down off my hobby horse.

    Adrian

    All very positive and supportive πŸ™‚

    Reply
  10. josef says

    January 27, 2011 at 9:29 pm

    On the more critical side of things, I also received these comments:

    Catherine Conway wrote:

    Hi All,

    I totally see your points but, on a philosophical level, I find the argument that because something is β€˜inevitable’ then it’s somehow right… the overrun of the high street by Tesco seems inevitable but I would argue that it’s not right and a strength can be gained if enough people feel differently. I read your responses to the authors who had complained and that argument shone through which made me less inclined to agree with you.

    I’m not arguing the point about sharing or not sharing information because I think you’re doing it for the right reasons and I don’t see that you’re profiteering from it (as was the woman who cut and pasted my website in the US) but it’s hard to create laws that account for people like you who genuinely want to share other people’s info for the greater good and those that would do it to take advantage. I also remember how it felt to have my work taken and it wasn’t nice – the authors do have valid feelings of being miffed which, as the decent human being that you are, you need to acknowledge..

    Just a thought because it’s more fun than doing financial spreadsheets!

    Cath x

    And Blake Ludwig added:

    I can also understand the arguments. One thing that I notice is that we live in a culture of entitlement – we tend to feel that we are entitled to have everything, when we want it, without working hard for it. We should as Catherine points out, be acknowledging and honoring the creatives who sweat to make something genuine come into being in the first place.
    There’s a moral undercurrent that seems to be lacking.

    Blake

    To which I responded (mostly to Cath):

    Hi Cath, all

    On 27 January 2011 18:03, Catherine Conway wrote:
    I totally see your points but, on a philosophical level, I find the argument that because something is β€˜inevitable’ then it’s somehow right… the overrun of the high street by Tesco seems inevitable but I would argue that it’s not right and a strength can be gained if enough people feel differently. I read your responses to the authors who had complained and that argument shone through which made me less inclined to agree with you.

    I’m interested as to why your thought that was my argument?

    What parts of the email do you think make that argument particularly shine through?

    I’m assuming the parts the re-iterate one of the central points that the authors seem to be missing, i.e. there is no going back in time – now their books are out it is impossible to remove them. There is not right or wrong implied in re-iterating that fact, it is just a fact.

    Did you miss/ ignore all the bits where I think people should be fairly rewarded for their efforts? Or the suggestions about how they might adapt to a changed environment? Or the quotes (i.e. anecdotal evidence) that, quite possibly, giving away free electronic books could in fact increase their sales of the hard copies?

    I’m not arguing the point about sharing or not sharing information because I think you’re doing it for the right reasons

    Thanks πŸ™‚

     

    and I don’t see that you’re profiteering from it (as was the woman who cut and pasted my website in the US)

    I think Unpackaged is a nice shop.  But all creative work is derivative and builds on the past. Are what you are saying is that someone in the US tried to replicate Unpackaged and that your spent some of your precious time and energy trying to stop them?

    If so, do your really feel that was time and energy well spent? And doesn’t it go directly against some the stated aims of Unpackaged? i.e. reducing unnecessary packaging.

    Touching on Blake’s point, do you believe that opening a shop called Unpackaged gives you some kind of entitlement to / ownership over the idea of selling food without packaging?  If so, I personally find that to be preposterous and absurd.

    Let’s be honest here, selling food without packaging its not an original idea. Nearly all of the
    world’s food has always been, and mostly still is, sold at street markets without packaging.

    Even here in
    the UK, where the supermarket has long been dominant, there are
    thankfully many many street markets where food is both cheaper and unpackaged.

    Also, in many Scandinavian countries even the majority of supermarkets function exactly as Unpackaged does, with people bringing in their
    storage containers and re-filling them.

    but it’s hard to create laws that account for people like you who genuinely want to share other people’s info for the greater good and those that would do it to take advantage.

    Take advantage?

    I’m sorry, but to me this sounds like Disney complaining about doing what they did, i.e. stole the Mickey Mouse character, i.e. built upon the past, i.e. stood on the shoulders of giants, which is what EVERYONE does.

    This mindset is totally alien to me.

     

    I also remember how it felt to have my work taken and it wasn’t nice

    I don’t know the details of your case, and I’m sorry you didn’t feel nice.

    Personally, if someone started trying to replicate what I do, I’d be over the moon. Less work for me! The more copying the better I say! It would mean we’d all get to the world I actually want to live in and bring children into A LOT faster.

    I must admit, I’m also a bit bemused by your use of the word “taken”. Copying is a very different thing from taking, in that the original person still has their copy. “Taken” would perhaps be appropriate if, after having copied you, the US company managed to get you closed down (which isn’t beyond the realms of possibility in this crazy world of ours)

    As the saying goes “imitation is one of the highest forms of flattery”. I find it odd that so many people don’t take it that way.

    – the authors do have valid feelings of being miffed which, as the decent human being that you are, you need to acknowledge..

    Thank you Cath for acknowledging that I am a decent human being. You are too (although it would appear – if my understanding of your position is correct, that we have diametrically opposed views about so-called “intellectual property” – I don’t see anything intellectual about such a silly concept at all).

    I do acknowledge that the authors feel somehow hard done by. And of course their feelings are valid. But I don’t agree with the argument that just because someone feels hard done by something, that that something is automatically wrong — Bankers feel hard done by because more and more people keep pointing out how much more than their fair share they take (after enslaving the world in debt – don’t you just love bankers?!?).

    OK, so that last paragraph was a bit facetious (I can’t really equate these authors with bankers in any real sense), but you see what I did there, no? touche! πŸ˜›

    To less packaging and more humility,

    Josef.

    Which Blake rounded off with:

    Humility sounds a good start!

    Many thanks,
    Blake Ludwig

    Reply
  11. josef says

    January 27, 2011 at 10:19 pm

    Oh dear, just got this message from Steve Solomon:

    YOU AREN’T LISTENING. AND I AM NOT GOING TO LISTEN BECAUSE YOUR WORDS SEEM SELF-SERVING AND SELF-JUSTIFYING. i’VE MADE EVERY ONE OF THOSE STATEMENTS MYOWNSELF AT VARIOUS TIMES FOR VARIOUS PURPOSES. GET OFF IT, PLEASE. TAKE MY BOOK DOWN AND GO AWAY!

    STEVE

    I have chosen respect his wishes and “go away”, i.e. I will not reply to him again and I have now taken down his book from https://files.uniteddiversity.com/Food/

    You will now no longer find a copy of his great book here:
    https://files.uniteddiversity.com/Food/Gardening_When_It_Counts-Growing_Food_In_Hard_Times.pdf

    I’d also encourage you to buy a hard copy of the book

    Reply
    • J Gray says

      August 17, 2011 at 2:55 pm

      This actually makes me not want to buy or even read his book.

      Reply
      • josef says

        August 17, 2011 at 3:46 pm

        Interesting, would you care to elaborate on your reasons why? Did you read the many great responses I received from Toby in the comments? (linked to at the beginning of the post to make them easy to find)

        Reply
  12. si says

    January 28, 2011 at 12:22 am

    totally agree with all the sentiments you’ve expressed regarding open-source publishing.. good reading – have had a good look at flattr today as an option for my own web creations πŸ™‚

    can’t help but think that these particular authors are caught up in the problem of selling their copyright to a ‘publisher’ that they then have to defend via threats of legal action against people like yaselves.. they’re not defending their own copyright but that of their ‘publisher’.. catch 22 : until they’ve got control of their own material, they’re not gonna be persuaded to alter their current model.. hopefully you’ve made ’em think twice about how they go about publishing and copyrighting their works in future πŸ™‚

    Reply
  13. Eve Sibley says

    January 28, 2011 at 7:16 am

    Wow, great conversation you’ve got going here Josef. And I find it interesting that you did take Mr Solomon’s book off your server, seemingly because he expressed strong emotion in his words and capital letters. I guess the conversation is a lot about value and how to value and taking Mr Solomon’s book down showed that you have valued his emotions. Just curious- if you didn’t know that the book was already floating around online for people to read would you have taken it down?

    Its really a great debate and one I think a lot about (with no real answers yet.) I’m with Beth in that giving stuff away and ending up broke, or having to split time on a soul sucking part time gig so that you CAN give stuff away kind of sucks after awhile. If you do get ahold of any of those new business models or studies of how giving books away online brings up hard copies sales please do publish them. I’m sure it will work itself out over time but it might take a few brave souls to take the plunge and document it for the rest.

    Just checked Wikipedia to see how that Radiohead album, In Rainbows, did. You are probably aware of it- it was a big deal in 2008 for being a digitally released album where the consumer named their own price. Reports said “although most people paid nothing for the download, pre-release sales were more profitable than the total money from sales of their last album.” Of course digital music is a different experience than ebooks (like I would much rather hold a hard copy book than a cd cover) but it does show that there are some people that are willing to give money for things they find valuable, perhaps enough people. If it wouldn’t be too technically difficult (or expensive) maybe an alternative for your free download section would be to put some sort of ‘donate to the author’ button next to each download and route that to the author’s own paypal account. And though publishers might be pissed at first, they would surely be fine with it if book sales really did rise through that free marketing tactic. Just thoughts..

    Thanks for opening up the dialog
    Cheers,
    EVe Sibley
    worldfoodgarden.org

    Reply
  14. Racheblue says

    January 28, 2011 at 8:09 am

    Oh dear, that is sad Josef. Good on you for trying so admirably to keep Steve’s book available on your site. You can’t please all the people…

    I agree with your points and feel that the publishing industry, like many other ‘modern’ industries, are behind the ‘real’ times. Where you and I and all the social networking, file-sharing etc people live.

    The thing is, it’s extremely hard for the ‘establishment’ and those that abide unquestioningly by its laws, to see that the ‘rules’ by which we live are rapidly evolving. By its very nature, the establishment will always be playing catch up as it is not designed for change.

    Many of the folk who think they are living the future.and ‘changing the world’ are actually too stuck in the past to realise this fact. But they will eventually catch up. And then we’ll all be able to access and disseminate useful, ground breaking information and ideas without such energy wasting threats.

    Thanks for all the work you do to keep us moving forward and keep up the good work,
    Rache x

    Reply
  15. josef says

    January 28, 2011 at 12:09 pm

    Another positive comment from Daniel Smith, also via The Hub list, remarking on the similarities between my pdf collection and a library:

    Hello earnest debaters

    Unless I’m missing something, Josef’s ‘lovingly collated collection of pdfs’ sounds to me more or less exactly the same as a library – albeit an electronic rather than physical version. Libraries being places where people can read books without having to buy them and generally being a rather good thing …

    Daniel

    Daniel Smith
    Director, Capacity London

    I replied:

    Nice analogy. A friend of mine used to call me a cybrarian. I guess he looked at it in a similar way

    Reply
  16. josef says

    January 28, 2011 at 12:56 pm

    Got final response from Toby:

    Josef,

    Interestingly, both New Society Publishing and Paul Stamets have just emailed me to complain about your site. So although you say that lots of people do what you do, you’ve managed suddenly to attract the attention of a number of authors who don’t like what you’re doing. Does that mean anything to you, or will you just dismiss that as old paradigm?

    I give away plenty of content. I know that model very well. Copyright issues have been an interest of mine for a long time; we’re similar in that way, but we’ve come to very different conclusions–probably because I earn a living generating content, while you take it and claim Robin Hood. I know Larry Lessig–he’s not very big on stealing, and insists on the author’s permission, so he doesn’t help your case much. And I’m aware of how many people do what you do. I’m not talking about what’s possible or enforceable. Just what’s right. There’s a big difference between giving and taking. The takers take because they can, whether the exciting new technology that lets them do it is a gun, a patent, or a hard drive. The rationalization has evolved from “might makes right” to “they aren’t using it” to “information wants to be free,” but the excuses all come from the same place: something for nothing. They take from those who can’t stop them, whether that is an indigenous person, or the trees, or an artist, or the Earth. They think there’s an infinite amount to take, whether gold or genes or content, so there must be no harm in taking. Or because those dumb Indians can’t stop them, or because we are living in the “new paradigm.” But you know, somebody always pays for it. Think of the company you’re in. Some really poisonous people have made exactly your arguments for centuries: they can’t stop us; they’re old fashioned; the world needs what they have.

    In part, I was trying to spare you a letter, and more, from Chelsea Green’s lawyers. Or from Paul Stamets’s lawyers, who are very unpleasant and who have made serious, lengthy, expensive trouble for those who steal from him. I thought I would just ask nicely before anyone else sees your theft. What you are doing, besides being unethical, is illegal. You say there is nothing that can be done about it, but it’s just like any other kind of crime: Crime can’t be stopped. Individual criminals sometimes pay terribly.

    Perhaps at some point I’ll try writing something small via crowdfunding. But the book I’m working on now will take 3 years to write, and that requires an advance from a publisher. I don’t think pre-orders would support me for that long. Also, I don’t earn much money from my book, but the reputation the book has given me has gotten me a lot of work. I don’t think I could do that with an eBook; the world still seems to prefer a “published” author’s credibility. Perhaps that is changing, but not very fast.

    It’s too bad, Josef, because you’re a sharp guy with interesting thoughts and similar interests. But you are ripping me off, and I’m the judge of that, not you. I hear from a lot of people that permaculturists seem to be some of the worst about stealing from authors, and that saddens me. That hurts us. I’m not trying to eliminate illegal copies of my book, as that’s impossible. I don’t go looking for them. But I occasionally say directly to someone that they are taking what is not theirs to take, that they are being unethical. Morals don’t change just because technology does. I’m just asking you, personally, to stop.

    And my response:

    Toby,

    Thanks a lot for this more elaborate and slightly more reasoned response.

    I can see now that you thought you would “just ask nicely” and I appreciate that.

    However, because your asking nicely also included what I perceived at the time as to aggressive threats of legal action (its a shame emails don’t come with body language and tone, ay?), they prompted the response I gave you previously.

    And, with retrospect, I’m very glad that they did; the post on my website about this whole (in my view) tragic comedy has got the debate out there a bit more and hopefully made a few people think. If you’ve not done so already, I’d strongly encourage you to take the time to read through some of the many supportive comments people have given me.
    https://uniteddiversity.com/email-to-toby-hemenway-re-piracy/

    You see, the vast majority of people do not see me as acting immorally or unethically, but much more like a librarian. And libraries are a Good Thing.

    You say there is a big difference between giving and taking. I’d add that there is a big difference between taking and sharing. What I do is share. It is in my nature to do so.

    I really don’t appreciate you equating my actions with those of imperialists. Nearly everything I do is about overcoming the domination of Empire and building an Earth community founded on partnership based relationships.

    If we were to get into that game (I really wish we wouldn’t because we’re so obviously working towards the same goals) I’d posit, as my colleague Tom Salfied does in the comments on my post, that it is the business model you and your publishers are using that is propagating the ways of Empire, not mine.

    I also don’t really appreciate your continuted threats about how nasty Paul and his lawyers are. If Paul or his lawyers want to engage in this conversation they are most welcome. Trying to impose fear, as all environmentalists should surely no by now, is not a good way to get people to do what you what them to do.

    Saying I’m stealing and a thief just doesn’t really cut it either. Copying and sharing can in no logical way be equated with theft however many people says it does. You might want to check the company you’re in on that one (people who disconnect whole families from the Internet because their child hasn’t yet been beaten out of the human instinct to share good stuff with his friends).

    Moreover, you might want take a little look in the mirror. Are you really trying to tell me that you’ve got no mp3s on your harddrive that you didn’t pay for? That you’ve never had music recorded by caring sharing friends onto a blank cassette? That you’ve never owned or used a VHS recorder? Come off it.

    Getting more to the point, I think the book publishing market may well be changing A LOT faster that you are aware. Go have a read of this article:
    https://jakonrath.blogspot.com/2011/01/time-investment.html

    As he says:

    “So far this month, I’ve sold over 18,000 ebooks on Kindle. When I include Smashwords, Createspace, and Barnes and Noble, my income for January will be about $42,000. Last January, I made $2,295 on Kindle, and I was amazed I could actually pay my mortgage on books NY rejected. “Amazed” is no longer strong enough a word. In just 12 months, I’ve seen a 2000% increase in income. And ebooks are still only 11% of the book market. What happens when they’re 15%? 30%? 75%? And yet, I still see some writers clinging to the notion that getting a book contract with a Big 6 publisher is the way to go“

    Now, since you’ve have now simply outright asked me to remove your book (as opposed to trying to use fear and suggest I might want to remove them), I have now removed your book for our server.

    Lots of love,

    Josef.

    Reply
    • Heather says

      January 28, 2011 at 6:48 pm

      On behalf of New Society Publishers, we respect your right to hold differing opinions from ours in this rapidly evolving digital age, but we also deeply appreciate your decision to agree to take down our author’s copyrighted material.

      If you wish to promote our books (which is also something which we appreciate, as we too think that our authors have critical messages to impart in these uncertain times), then may I suggest that you consider linking instead to a Google Books preview. This approach allows a potential reader to (completely legally) get an excellent sense of a book so he or she can then make an informed decision about whether to support the author and our company by purchasing it. For many of our titles we also offer table of contents and sample chapters on the book page on our website.

      Best Regards

      Heather

      Reply
      • josef says

        January 29, 2011 at 5:37 pm

        Hi Heather,

        Thanks for your surprisingly lovely message.

        Linking to a copy of the Google Books preview is a great idea!

        Since you seem to understand the benefits of letting people get a taste of books electronically before they buy a hard copy, and also acknowledge that we’ve moved into a digital age, I’d strongly encourage you and your board to consider releasing your books under a Creative Commons license or similar.

        Either way, keep up the great work!

        Warm regards,

        Josef.

        Reply
  17. josef says

    January 28, 2011 at 1:13 pm

    Another comment from Tom Salfield via The Hub list (note that Tom has been at the heart of the Hub business for some years now)

    Copyright and patents, are the skeleton in the closet of the social enterprise and social innovation movements.

    As far as I see from an ethical perspective the argument is quite simple
    – Larry Lessig put it beautifully (as quoted in Josef’s letter):

    1. Creativity and innovation always builds on the past.
    2. The past always tries to control the creativity that builds upon it.
    3. Free societies enable the future by limiting this power of the past.
    4. Ours is less and less a free society.

    In other words if you want a free, creative, innovative society, then don’t support copyright and patents. We live in times where innovation in systems is essential to the survival of the planet. For me that trumps the copying rules of bureaucrats and old business any day.

    From a practical perspective its also quite simple. If you publish, you cannot control the flow of information. Look at the music industry. On the other hand, musicians in general have way more opportunity to make a living than they did under the old controlled system. The same goes for other inventors, contrary to popular opinion.

    Finally, from an economic perspective, the marginal cost of sharing is basically zero, so any benefit whatsoever, makes the sharing worth it.

    Doesn’t this work with your business model? Then your business model is rooted in a system which aims to restrict creativity, innovation and free society. Your business model is also based on an unenforcable and impractical assumption.

    If you are a “change maker” or an innovator, if you believe in win-win business models, then please practice what you preach, find a model that both works for your company and works for society. If you can’t and wish to continue with your current model, can you admit that in this respect you are neither a social innovator, nor primarily ethical in your
    business practices. If you can, no problem! If you can’t, are you kidding yourself or just others?

    Aside from this, when it comes to business models, it is often more of a matter of people believing in old theories of business, than copying being genuinely damaging to people’s businesses. The Hub model has been “copied” and modified, many times by many people over the past few years. Despite the fears of many in the Hub organisation, if it has had
    any effect on its international expansion, it has been positive one.

    Tom

    Reply
  18. josef says

    January 28, 2011 at 1:15 pm

    More from Tom:

    On 27/01/11 18:14, Blake Ludwig wrote:
    > I can also understand the arguments. One thing that I notice is that
    > we live in a culture of entitlement

    I assume you mean, the sense of entitlement to financially benefit by controlling the use of thought, which has come from the past in a free form, and only modified by the latest person? We are all “standing on the shoulders of giants” and have a responsibility to build on what we have inherited, not to sell it.

    Its always nice to be acknowledged and honoured, I’m much more likely to do so, if you don’t try and control the flow of ideas and culture which you partake in. However, I’ve never met a genuine “creative” who does their work primarily for such acknowledgement.

    I’m surprised to still be having these discussions in 2011!

    Tom

    Blake replied:

    Hi Tom
    No, I meant as post moderns, our culture seems to feel entitled to have everything free and easy – no one feels they have to work hard to get somewhere.

    Blake

    To which Kirstie chimed in:

    Where is it written- by which God, which law or which pop song that you have to work hard?

    I’ve always found that such an outmoded concept. Maybe if you worked down t’mill for threpence hapenny for 12 hours you would want to be rewarded for your effort. What if you have access to something that makes someone’s life better – knowledge, skill etc that brings great results in seconds? Are people being lazy if they are not imparting this knowledge 12 hours a day?

    I don’t agree it’s a culture of entitlement but we are certainly focused on the impact of our work and are questioning a society that has told us “hard work” brings rewards so keep your head down and do your job. I can only see that as evolution, exploring what is important to us and finding new ways

    I agree with Josef, its out there its happening and we can share everything with a click of a mouse. Let’s ride this wave and see where it takes us….

    love and light

    Kirstie

    Reply
  19. josef says

    January 28, 2011 at 1:32 pm

    Lili Larratea wrote to me saying:

    Hi Josef,

    This discussion is a brilliant piece of research on “piracy” (one of my favourite docs being The Remix Manifesto). Thank you very much for sharing it on your website!!!

    Lili

    Reply
  20. josef says

    January 28, 2011 at 1:53 pm

    Jane says:

    Fascinating topic and comments … what about the hub hosting an event to
    debate the issues?
    Best
    Jane

    Reply
  21. josef says

    January 28, 2011 at 2:08 pm

    Have a bunch of less than positive comments to share from the thoughtful people on the [_] mailing list which I shall add in due course…

    If you’re desperate to read them now, head over the their online archives

    Reply
    • josef says

      February 2, 2011 at 3:34 pm

      OK, so here are some of the things people on the _ list said:

      Oliver Humpage from Watershed said:

      What an annoying little twonk (the website owner, not the authors). Sums up just about everything that’s wrong with the “everything should be free” brigade.

      Mac Jordan agreed:

      >
      > What an annoying little twonk (the website owner, not the authors). Sums up just about everything that’s wrong with
      > the “everything should be free” brigade.
      >

      +1 (Sorry, Josef)

      As did Neil Elkins:

      +1 to Oliver, too. I’d suggest the OP write his own book, if only to gain a bit of perspective.

      More from Oliver:

      Hmm, OK, didn’t read the name of the owner of the website and associate with the original email. Would have moderated language a bit (nice underscore, nice underscore…).

      However… I stick by the basic premise of my post, that when someone says “errr, I wrote that, I’m trying to sell it, could you not have it on your website” the correct response is not a 5 page lecture on how it’s perfectly OK to do what you’re doing. It’s just offensive.

      Tom Giddens agreed too:

      Hi Twonk, πŸ˜‰

      I must say I do agree with Oliver on his premise.

      Regardless of how much sense Creative Commons, etc. might make to an author, it’s totally up to the author to make that decision, and not have someone else make it for them. In addition, the “but everyone else is doing it” argument and the “barn door” argument have never worked.

      To the author, you’re the guy who just broke into his car. Or, at best, you’re the guy who saw that his car had already been broken into and decided to opportunistically nick the stereo. You’re not the guy to make the argument.

      The authors are fully within their rights to throw the police at you for _criminal_ copyright infringement. The fact that they’ve both informally warned you off first rather than just sending in the lawyers is fortunate.

      I have, in the past, pragmatically defended a little copyright infringement as not such a big deal, and even (shock!) something I might do myself for purely private, personal use only. I wouldn’t try to _justify_ it, though. By publishing such works on a website, you’re not only committing infringement, but _encouraging_ infringement.

      If I were you, I’d take down the whole load and replace it with a list of the titles, authors and links to Amazon. It’s up to the reader to decide if they want to get it from “other sources”.

      Andy Kisaragi chimed in, in reply to Tom:

      On 28/01/2011 11:52, Tom Gidden wrote:
      > To the author, you’re the guy who just broke into his car. Or, at best, you’re the guy who saw that his car had already
      > been broken into and decided to opportunistically nick the stereo. You’re not the guy to make the argument.

      Sorry but whatever your opinion on the original post (which I haven’t had time to read yet), this is just not the case: Copyright infringement != Theft. Completely aside from any moral / ethical standpoint. They’re just not the same thing.

      Tom responds, making it clear that on that point he actually agrees with Andy:

      On 28 Jan 2011, at 11:59, andykisaragi wrote:

      > On 28/01/2011 11:52, Tom Gidden wrote:
      >> To the author, you’re the guy who just broke into his car. Or, at best, you’re the guy who saw that his car had
      >> already been broken into and decided to opportunistically nick the stereo. You’re not the guy to make the argument.
      >
      > Sorry but whatever your opinion on the original post (which I haven’t had time to read yet), this is just not the case:
      > Copyright infringement != Theft. Completely aside from any moral / ethical standpoint. They’re just not the same thing.

      Oh, I agree. That’s why I prefixed it with “To the author”. In his mind, it is theft: that much is clear.

      I personally can’t stand the pejorative words “piracy” and even “theft” where a perfectly good and accurate term, “infringement”, exists.

      My point was that the author was not going to be receptive to such a justification from someone he feels has just committed a crime against him… and regardless of whether (or how) it should be a crime, and what you’d call the crime, in our legal system it _is_ a crime.

      Rick Edwards asks why Copyright infringement != Theft:

      On 28 January 2011 11:59, andykisaragi wrote:

      > Copyright infringement != Theft.

      How so? What exactly is the difference between stealing a box of books and giving them away to digitally scanning a book and giving it away, I can’t see a distinction, morally or otherwise?

      Tom explains:

      On 28 Jan 2011, at 12:07, Rick Edwards wrote:
      >> Copyright infringement != Theft.
      >
      > How so? What exactly is the difference between stealing a box of books and giving them away to digitally scanning a
      > book and giving it away, I can’t see a distinction, morally or otherwise?

      Theft is deprivation of property. Copyright infringement is deprivation of potential earnings, or at the very least deprivation of the right to control the distribution of such an asset.

      While you can argue that both are bad (and arguably, _as_ bad, if not worse) they are quite different, but the creative industries have spent a lot of time and money trying to convince us that they’re the same, because “theft” is easier to understand and easier to side against.

      In the olden days when Copyright was being formulated, the widespread belief was that the author had no natural right to control such distribution or even a right to exclusively exploit it for potential earnings, as knowledge (whether discovered and created) was the property of all mankind. To encourage publication, an artificial right was crafted for exploitation of a creative work for a very limited period.

      The fact that this has now developed into a much more solid and practically unlimited right doesn’t mean it’s a natural right, so it’s arguable. Theft, on the other hand, is not particularly arguable.

      Amias Channer added (making what I think is a very valid point):

      On Fri, 2011-01-28 at 12:19 +0000, Tom Gidden wrote:
      >
      > Theft is deprivation of property. Copyright infringement is deprivation of potential earnings, or at the very least
      > deprivation of the right to control the distribution of such an asset.

      there is another angle to this as well.

      its totally possible for both modes of distribution to exist together.

      people get the free online version , enjoy it and decide to reward the author by purchasing a hardcopy even though they already have a digital copy.

      for this to happen publishers need to give up their current model and lower their prices or focus on special editions more.

      i don’t blame them for trying to fight it , they had a nice deal with heavily enforced copyright and getting the police to enforce it for free was a major coup. that time is over.

      Again, Tom agrees with that point too, but still thinks its just plain wrong to break the law:

      On 28 Jan 2011, at 15:32, Amias Channer wrote:
      >
      > its totally possible for both modes of distribution to exist together. people get the free online version , enjoy it and
      > decide to reward the author by purchasing a hardcopy even though they already have a digital copy.

      Agreed. At no point have I argued against the merits of this model. I’ve even supported it myself, buying hardcopy when I already have digital. Cory Doctorow makes some really great arguments on this matter, putting his money where his mouth is by distributing his novels under CC.

      > for this to happen publishers need to give up their current model and lower their prices or focus on special editions
      > more.

      …or apparently it can be given up for them by other people like Josef just doing what the hell they like.

      > i don’t blame them for trying to fight it , they had a nice deal with heavily enforced copyright and getting the police to
      > enforce it for free was a major coup.

      (I did always feel that Copyright should be purely a civil matter rather than criminal. Although the same argument could be made for traditional theft being a civil matter too.)

      > that time is over.

      Um, since when? Who decided? The democratically-elected legislature of this country?

      That’s what rubs me up the wrong way. It’s fine arguing about what should be the law: that’s freedom of speech. It’s not fine to just unilaterally break it and act like you’ve got the moral high ground.

      Keir Moffat pointed out that pretty much everyone (I’d guess this includes Tom) has infringed copyright law at some point:

      > > Copyright infringement != Theft.
      >

      Whilst I agree with all that’s been said… can we all honestly, hand-on-heart, say we’ve never, ever obtained a single song or some other digital asset, or ‘borrowed’ a license key, any of which could have infringed Copyright law?

      Perhaps some can, and I take my hat off to you. But I can’t deny that when I was a teenager, I nabbed some music via Limewire (there, I said it!)

      To this end, I can’t express my opinion of adhering to Copyright law too feverently, because I’m no digital saint.

      I chimed in quickly myself (by this time I was actually doing my tax return! πŸ˜› )

      On 28 January 2011 13:46, Josef Davies-Coates wrote:

      > I’ll be adding your comments to the blog post when I’ve got time (would love to do it now but am really racing against
      > the clock now).
      >

      For now I’ve just added a link to this thread on in the archives πŸ™‚

      I don’t see myself as stealing at all. I see myself as sharing and working for the common good by maintaining a brilliant library of timely documents https://files.uniteddiversity.com

      Personally I think the certain common good of sharing such important information trumps the possible private loss of me sharing it (very questionable – the author himself admits that the respect gained from having written the book gets him lots of work, which makes him more money than selling hard copies of his book does – surely sharing the ebook does the
      same thing, no?)

      It that makes me a twonk then I’m a twonk and I’m proud.

      Oliver isn’t sure that people who get an ebook for free will really value it ( I disagree – I personally have a hard copy of Tom’s book and know many other people who own both digital and hard copies of books)

      Oliver also makes it clear that is what the tone of my message to Tom Hemenway that bothered him, not the actual sharing of Tom’s book online:

      On 28 Jan 2011, at 13:57, Josef Davies-Coates wrote:

      > questionable – the author himself admits that the respect gained from having written the book gets him lots of work,
      > which makes him more money than selling hard copies of his book does – surely sharing the ebook does the same
      > thing, no?)

      People tend to value things they’ve paid for over things that are free. Do people have the same respect for an author whose book they’ve got for nothing than for one whose book they’ve bought? I don’t know – it’d be an interesting psychological experiment, and not too hard to carry out.

      > It that makes me a twonk then I’m a twonk and I’m proud.

      It was your reply to the author rather than your original actions of filesharing I was referring to in short but perhaps unnecessarily pejorative terms πŸ™‚

      Tim Beadle agrees with Oliver that sometimes people don’t value cheap things as much:

      On 28 January 2011 14:03, Oliver Humpage wrote:
      > People tend to value things they’ve paid for over things that are free.

      The “Parker Pen Effect”: they dropped their prices, expecting increased sales, but the reverse happened. They then increased their prices and sales increased. For better or worse, people’s perception of quality is related to price & cost.

      Whilst this clearly does apply to “luxury goods” and other artifacts like Parket Pens, I really don’t think it applies at all to books or other content such as music and film.

      Why? Because one’s enjoyment of a book, piece of music or film ISN’T diminished by the price one pays for it.

      Conversely, the “look at me I’m a big successful person” kudos someone feels by having a fancy pen, a flash car, or any other luxury display of wealth IS very clearly diminished if said item is suddenly cheap and commonplace.

      Going back to the _ comments; Oliver demonstrates that he has superior divining-intention-of-email-(without benefit of body language and tone)-skills than I:

      On 28 Jan 2011, at 14:19, Josef Davies-Coates wrote:

      > It was his attempt to use fear of nasty lawyers that got my back up.

      There is another way of reading that email that he’s warning you about what publishers might do, rather than threatening you. Especially given how he mentions another publisher over whom he has no control.

      Without other evidence, you can’t assume one way or the other.

      Well, the evidence is in. It is clear from later responses from Tom that that was indeed Tom’s intention.

      But anyway, Tom Giddens took it upon himself to re-iterate Oliver’s point and further point out my twonkly nature:

      On 28 Jan 2011, at 14:19, Josef Davies-Coates wrote:
      >
      > To be honest, if he’d just emailed say “Hi, this is Toby Hemenday. Could you please remove my book from your server”
      > I’d have done so and this whole story wouldn’t have happened. It was his attempt to use fear of nasty lawyers that got
      > my back up.

      Compared to what he could have done, his original email was positively friendly and quite factual. If I were in his position, I probably wouldn’t have opened a dialogue with his (seemingly rhetorical) questions.

      The normal response would be a simple cease-and-desist, which I think you would have found far less pleasant. In fact, by emailing you informally like he did he’s probably undermining his position, if anything.

      The thing is, you replied with an astonishingly pompous, holier-than-thou lecture of massive proportions, rather than just complying and apologising.

      You included:

      > So whilst I β€œmight want to take those books down”, then again, I might not.

      which on cursory reading makes you sound like you seriously object to being made to comply with the law. You then go on to start suggesting experiments and reform, when he was apparently quite happy with the status quo. Then:

      > If you try it and it doesn’t work, I’ll happily take your book down

      which reads as though you were refusing to take the book down unless he jumps through some very elaborate hoops.

      This is the point at which I would have taken the matter further, re: lawyers and/or police. I’d be calling your ISP and asking for a takedown of your entire site, and I’d quite possibly report you to the other publishers too.

      You also followed up the second author with:

      > Of course, I could conceivably arrange a board meeting and propose a motion that we remove the one single copy of
      > your book that is hosted on our servers. But I can’t, of course, guarantee that our board will decide to take that plan
      > of action. We’re a co-operative and have to make all decisions democratically.

      Well, that would make your co-operative a criminal conspiracy then. Even if you were formally employed by said organisation, you’re still obligated to follow the law. Taking down the material (or at least making it inaccessible) should be a unilateral action, regardless of what your “board” says.

      There’s one correct answer to “Please stop illegally distributing my copyrighted work”, and that is “Yes, of course, immediately. I’m very sorry. Please don’t take this any further.”

      If you disagree with the law, run for parliament; protest; write books about how terrible it is; whatever.

      Don’t just break it.

      Otherwise you undermine the validity of the legal system itself, and you forfeit the right to the protection of _any_ form of legal protection and your place in society.

      (And if you deny the validity of society, then you are denying the validity of the only thing stopping other animals [ie. the rest of us] from killing the shit out of you.)

      I love Underscore Fridays.

      Considering my track record on interpreting people’s intentions from the emails they send, I may be totally off track here, but I think Tom’s insistence that everyone should always obey the law is probably both hypocritical (I bet, as Keir pointed out, he is NOT a digital saint, and most people in the UK have sped in their car and/ or purchased/ consumed alcohol/ tobacco underage, or smoked pot etc etc.) and scarily obedient to authority.

      If my actions are undermining the validity of the legal system, good. The UK is NOT a democracy and our legal system is far from just or sensible (what with laws being written by and for the wealthy few as the expense of the many)

      And, on his final point about society and animals he is way off track. People do not not kill each other because it is against the law to do so. To suggest as much is totally ludicrous in my opinion. The wider animal kingdom also demonstrates this point very clearly; the vast majority of mammals and other animals engage in non-fatal ritual battles to work out who the “top dog” is, NOT fight to the death battle over disagreements (all chimps DO kill other chimps they find trespassing on their territories and lions DO kill the offspring of another lion when they take over a pride).

      But, to be fair to Tom, his killing me point was probably not serious. As demonstrated by the general jovial tone the _ list has, and by his closing comment “I love Underscore Fridays”.

      The insane theory I’ve just come up with to explain Tom’s defence of Tom (Hemenway) and attack of me/ description of my twonkness is this: solidarity between Toms! πŸ˜›

      Anyway, back to the _ comments….

      At this point, Tim Beadle, perhaps feeling there was a bit too much anti-twonkness going on, before getting stuck in again himself, said:

      On 28 January 2011 13:57, Josef Davies-Coates wrote:
      > It that makes me a twonk then I’m a twonk and I’m proud.

      I did like this bit of what you said:
      “…artificially creating scarcity of electronic goods is as absurd as pretending the world is infinite and the economy can grow forever.”

      As with energy decline, however, it’s a *transition* – not a cliff-edge – and bludgeoning people into your world view is a bit
      stupid, IMO.

      You could at least acknowledge the author’s concerns rather than high-mindedly sticking to your guns while acquiescing to their request.

      Or maybe I’m too much of a fence-sitter to see things from only one point of view.

      Nick Morgan summed up his take:

      All I’d say on the subject is that although I agree with everything you’ve been saying on how these kinds of things should be free, and I think Cory Doctorow’s got a great business model, that’s got to be a voluntary thing. You can tell these authors that they should be releasing this stuff online for free, and give them arguments for doing that, but making the decision for them and not giving them the choice is a very different.

      Andy Kisaragi clearly then saw Rick Edwards’ question about why Copyright Infringment != Theft and decided to give his own answer, despite the fact the question had already been answered by others already.

      Then Dan Fairs, also playing catch up, felt compelled to explain it again too.

      Conversely, Mark Chitty made a point that no-one else had yet made:

      > Hmm, OK, didn’t read the name of the owner of the website and associate with the original email. Would have
      > moderated language a bit (nice underscore, nice underscore…).
      >

      ooops, me neither until you pointed it out.

      Josef, Oliver isn’t anywhere near as scary in real life ;o)

      I did feel that your examples of successul ‘free’ content were mis-leading, Linux is supported largely by a market which would otherwise have to pay M$ for licenses, Firefox makes money by directing traffic to the search engines and Wikipedia runs on the millions of dollars donated by it’s benefactors.

      They all have revenue streams that don’t depend on their ‘users’. An author only really has his/her readers to depend upon for cash.

      however I agree that the publishing model is rapidly breaking down and I, for one, wouldn’t want to be an author right about now…

      Mark’s point about the mis-leading nature of my examples is valid-ish. All my examples do, of course, involved funding and resources from somewhere, .eg. Linux as it is now was mostly written by paid employees of large corporations). But that wasn’t really my point. My point was that they’ve found a way to couple that with Linux being available for free.

      At this point Jan Grant, arriving very late, turned up and re-made the point that Oliver started the _ discussion with:

      > Hi all,
      >
      > People here may be interested in this amusing but tragic story about > copyright, piracy and 21st century business
      > models (read all the comments for the full picture):
      > https://uniteddiversity.com/email-to-toby-hemenway-re-piracy/
      >
      > Enjoy!

      Whilst I’m typically of the opinion that publishing models need to be updated and that it’d be wonderful for people to occupy a world where they were able to pursue their goals and would want to disseminate the results widely for the benefit of all, the writer of that email sounds like a total twat*.

      I’d suggest constructing a plan to research the validity of the claim that freely available work led to higher revenues and doing it for free. You’d probably earn a few quid that way. Somehow. Maybe by magic. Hell, I’d be interested to see the results.

      Yours socialistically,
      jan

      * (Not of the first water, however, because that position’s occupied by my least favourite rude atheist, who I’m pretty sure God put on the planet to make me feel embarrassed.)

      But then added (in a similar vein to Oliver himself):

      PS. I should add that I have no particular issues with ripping off c*ck-knockers, but one should endeavour to be gracious whilst doing so. It’s all about the manners.

      Neil Elkins agrees too:

      On 28 January 2011 12:44, Jan Grant wrote:
      > PS. I should add that I have no particular issues with ripping off c*ck-knockers, but one should endeavour to be
      > gracious whilst doing so. It’s all about the manners.
      >

      Well, quite. Also, don’t brag about it when you do. Or, worse, build some social/political/moral framework around doing so. That way madness lies…

      Very unsurprisingly, Olive agrees with those that agree with him:

      On 28 Jan 2011, at 12:44, Jan Grant wrote:

      > PS. I should add that I have no particular issues with ripping off c*ck-knockers, but one should endeavour to be
      > gracious whilst doing so. It’s all about the manners.

      Beautifully put.

      > * (Not of the first water, however, because that position’s occupied by my least favourite rude atheist, who I’m pretty
      > sure God put on the planet to make me feel embarrassed.)

      I was going to make a comparison with said atheist myself, but I fear there is now a Godwin-like law against invoking him – it’s almost too easy to do.

      And, finally, Rob ends where we left off too:

      > Hi all,
      > People here may be interested in this amusing but tragic story about copyright, piracy and 21st century business
      > models (read all the comments for the full picture):
      > https://uniteddiversity.com/email-to-toby-hemenway-re-piracy/
      > Enjoy!
      > Josef.

      I’m just flabbergasted that anyone thinks this kind of behavior is defensible.

      It doesn’t matter if you think the original authors would benefit from being listed on your site any more than it matters whether apple think they can benefit the Beatles.

      Sure – have the conversation, send them an email and invite them to give their books away on your site. If they agree, that’s great.

      If they ask you to take their book down, then you should do it. It doesn’t matter if this is a bad decision on their part – the point is that it is their decision.

      eesh.

      In my defense (!) I think its pretty clear (from both the many positive comments this post has received, and Tom Hemenway’s own responses) that this discussion has been a valuable one. πŸ™‚

      Reply
      • josef says

        February 2, 2011 at 4:29 pm

        In a similar vein, see this short chat I had with tav in his #esp IRC channel on freenode

        Reply
      • Tom Gidden says

        February 2, 2011 at 7:49 pm

        Hi Josef,

        Nice summing up, but if you don’t mind I’d like to just clarify the interpretation of a couple of my comments πŸ™‚

        Firstly, I must point out that I’m a programmer, not a lawyer. Reading my comments there, I really should have pointed it out, just in case anyone picks me up on this bullshit.

        One thing to take into account here is that Underscore is quite combative in nature, with arguments taken to the extremes of absurdity at times. This is one of the best things about it, but it can be misinterpreted by newcomers. I must say, I’m quite guilty of starting Underscore fights, and this is no exception. The key is not to take it to heart!

        In particular, your interpretation of my last comments about society and animals. I think you’re missing my main point there. I’ve argued in the past strongly for the belief that there’s a massive difference between legal rights and moral/ethical rights. I think as an atheist, it’s even more important to establish a moral code rather than rely on what’s passed down from a man on a cloud. That moral code is what stops me from murdering, raping and pillaging, not law. That’s a different discussion, though.

        My point there is that Law is the basis for which we codify what we collectively consider acceptable behaviour in society. We create that law through political engagement, and we must subscribe to the validity of it to be able to participate in society properly. Otherwise it really is hypocrisy: the archetypal obnoxious middle-class social studies student who lives a frankly cushy existence without actually contributing anything (eg. income tax) towards the society they rail against. If you start picking and choosing, then you really lose the ethical right to the benefits of society. That’s taking it to extremes, but I don’t often think in shades of grey, at least on Underscore.

        This comes directly back to the hypocrisy charge.

        I am certainly no saint. As I mentioned in my posts, I have committed copyright infringement in the past, and will almost certainly continue to do so. I don’t do it lightly, and I don’t do it particularly often, either. When something is of value to me and is reasonable in price, I apply my personal litmus test, which is to consider the hypothetical case where it would be _impossible_ to commit copyright infringement, ie. perfect DRM. If the likelihood is that I would (in that circumstance) purchase the product rather than do without, then I strongly consider buying the product.

        This sounds hunkydory, as I’m not depriving the publisher of potential revenue, as they’d never see that revenue from me anyway. However, it doesn’t mention that I’m depriving the publisher of the right to control distribution, which is a more fundamental right than the right to derive revenue from it. Take Stanley Kubrick and A Clockwork Orange: he decided to withdraw it from distribution in Britain, rather than risk personal attacks. It had NOTHING to do with revenue, as he was clearly sacrificing earnings. I do believe it was his right to control his creative work that way.

        The litmus test pragmatically makes me feel slightly better. I don’t obey (or conversely, purposefully violate) Copyright law because it’s the Law. I obey it because — for the most part, and Feargal Sharkey notwithstanding — I agree with the principle of the right of authors to control their work. I can’t stand the corporatist distortion of recent intellectual property law (eg. the Digital Economy Act, the various Copyright Term Extension Acts in the US, sponsored by Disney who benefit the most from properties they’ve pilfered from public domain sources, eg. Aladdin), but I believe the authors have expended time, money and effort on the basis that their creation will be protected, and I don’t think it’s fair to pull the rug out from under them.

        If they publish freely, it’s up to them to choose to do that. If the law is to change to make Copyright works freer, then it should not be retroactive, as it’s unfair to those authors working under what they thought was a safe assumption at the time: protection from infringement.

        I applaud actions to encourage authors to make what we agree is the right choice: freedom of information, freedom of expression, etc. I condemn those who believe it’s _moral_ to take that choice away and make it for them: that’s what I wholeheartedly believe you were doing.

        My main point, however, is that while I may choose to violate Copyright law, I have NEVER (as far as I can remember) _endorsed_ the violation of Copyright law. It is my personal, private choice to violate it even while I agree with the law in principle. That’s just me choosing to be a bit bad. I’d also concede that it is a bit hypocritical of me to lecture others on obeying the law when I myself sometimes don’t. However, I’d consider encouraging others to violate law is far worse, unless such law is patently unjust. I’ve never seen a compelling argument that the concept of Copyright is unjust in principle.

        This is my problem with your initial post, though: it’s not that you copied the guy’s book; it’s that you chose to do it and publicly (and flagrantly) assisted and encouraged others to do the same.

        Reading your analysis (“my actions are undermining the validity of the legal system, good”, “The UK is NOT a democracy”, etc.) I’m afraid I’ve realised that you’re a bit of a nutter. Sorry. Some of us believe that the problems inherent in the system can be fixed within the system, but if you’ve got a problem with The Man, then good for you: feel free to do something about it. However, you lose the moral high ground when you try to stick it to The Man by sticking it to The Little Guy, and the vast majority of authors, musicians, artists (but not publishers!) are quite definitely The Little Guy.

        Just realised that’s another epic rant. Sorry about that.

        Tom

        Reply
        • josef says

          February 2, 2011 at 8:20 pm

          Hi Tom,

          Thanks for the clarification of your viewpoint πŸ™‚

          I find it funny that you think I’m a bit of nutter, but fair enough. And perhaps the fact I find it funny proves I am indeed a nutter! Personally I think anyone who believes we live in an actual democracy and not a in system of rule by the rich to be completely nutty myself! πŸ™‚

          Thankfully my nuttiness has lead a great author, Toby Hemenway, to say “perhaps my next book will be print on demand, more eBook, and more freely distributed”.

          To me, that makes it all worthwhile.

          Regards,

          Josef.

          Reply
          • Tom Gidden says

            February 2, 2011 at 10:28 pm

            πŸ˜€

            I do believe we live in a democracy, but I also believe that it’s the very nature of a democracy that embraces freedom of speech, freedom of the press and freedom to petition that the richest and best-connected members will have unfair influence. I really don’t think it’s possible to create a free democracy that won’t be corrupted, thanks to scarcity of resource and the resulting evolution of humans to have the tendency to be complete shits. I do believe it’s the Least Worst option.

            I think the main problem is that corporations have (almost) all the rights but none of the responsibilities of people. (Limited term) copyrights and patents would (and did) work very well when an inventor/author/artist was one guy. However, purely through the unfair influence I mentioned above, these laws have been distorted to benefit the corporation more than the person.

            But make no mistake, this was done through Democracy: the free press and other influences to get their candidates elected, and then influences them to adapt the laws to suit them. Now, how is that NOT democratic? I’m not asking whether it’s good, as it clearly isn’t. I’m just asking how it is counter to democracy. Look at the Digital Economy Act, for example. While it was an odious piece of legislation, written by the recording industry, that tried to screw The Little Guy in favour of Big Media (especially w.r.t. the thankfully-dropped provisions concerning Orphaned Works) and the dodgy way it was passed, it _was_ done democratically.

            This is really summed up by one nasty word: lobbying. However, unless you can figure out how to remove lobbying without removing some fundamental freedoms (and to do it retroactively, ie. in a system that already supports lobbying) then it’s not going to work. Lobbying is unfortunately a nasty but inevitable side-effect of liberty in a democracy.

            I think the problem here is that your rose-tinted belief in what Democracy is.

            Incidentally, I do agree strongly that income tax is not a good metric, but I would say that the archetypal middle-class-but-wannabe-Che-Guevara social studies student contributes little: financially or not! πŸ™‚

          • josef says

            February 2, 2011 at 11:30 pm

            Hi Tom,

            My theme doesn’t seem to allow threaded comments deep enough for me to be able to respond to your response to my response – I had to use some lateral thinking to make it do what I wanted! (i.e. go manually to https://uniteddiversity.com/email-to-toby-hemenway-re-piracy/?replytocom=3037#respond )… was worried for a moment that this would end up in totally the wrong place! (maybe it will!) πŸ˜›

            I’m a bit too tired and busy with other stuff to give as good as I’m getting here, but I think it depends what we mean by the word democracy!

            Yes, the UK has some processes that approximate what I’d called democratic. But I think, in this day and age, there are lots of obvious things that we could do to make it both far better and more democratic.

            I’ll start with my favourite 3: land, money and media reform. I don’t see how we can hope to have peace, justice and sustainability whilst land is owned by a tiny fraction of the population, whilst privately owned banks run for private profit have a virtual monopoly on the creation of the money supply and that they are allowed to create it as compound interest bearing debt, nor whilst only 6 companies own more than half of the planet’s media outlets.

            In general I take the approach that “you never change something by fighting the existing reality. To change something, build a new model that makes the existing model obsolete”. Hence why I’ve a keen interest in community land trusts (see https://files.uniteddiversity.com/Community_Land_Trusts/ ), am an investor in the Ecological Land Co-op, have been involved in projects like OpenCoin (more examples listed at https://p2pfoundation.net/Complementary_Currency_Software ), and do my bit to help people “be the media”.

            I’m also working on starting The Crowdfunding Co-op to help people start co-ops, and do community share issues to invest in community scale infrastructure (because the infrastructure which keeps us alive is both dependent on cheap fossil fuels – as thing of the past, and owned and controlled by large unaccountable corporations, i.e. what presently keeps us alive is ultimately destined to fail)

            However, despite me preferring such routes (and thinking they are more likely to succeed), and despite the fact I don’t actually believe in party politics, I’m also cooking up plans to create a new political party called The Obviously Good Policy Party, or something! πŸ˜›

            Starting with things that are obviously related to the word “democracy”, we could start by have a voting system that results in proportional representation. But really, why stop with such an antiquated concept as representation?! I really like the idea of “Liquid Democracy” based on “trust maps”, i.e. everyone gets to vote on everything, but for anything for which you are not inclined to vote on (because you can’t be bothered or don’t trust yourself) you could accept the “vote recommendations” of people you trust in that particular area. We could also have participatory budgets. The whole budget could be participatory!

            And how about something like a Land Value Tax or Site Value Tax to help begin to deal with the land ownership problem (or, more specifically, the problem of absentee landowners benefiting massively from leaving land and property undeveloped through the work of others who develop the land and buildings around it). We could make it a crime to leave buildings empty, rather than a crime to put them back to good use.

            As for the banks, what about doing what the new economics foundation, the Positive Money and Professor Richard Werner of the University of Southampton have proposed to the Independent Commission on Banking:
            https://www.positivemoney.org.uk/solutions/submission-independent-banking-commission/ – very sensible ideas indeed

            A shorter working week also makes a damn lot of sense if you ask me. The new economics foundation have proposed a 21 hour week! Sounds good to me! https://www.neweconomics.org/publications/21-hours

            And, while we’re at it, lets put CAT’s Zero Carbon Britain plan into action: https://www.zerocarbonbritain.com/

            And revoke the Digital Economy Bill.

            The green party actually have quite a lot of fairly radical policies too, but they don’t seem to have the balls or wherewithal to actually bang on about them: https://policy.greenparty.org.uk/

            Now, the question is, will you vote for The Obiviously Good Policy Party despite thinking I’m a nutter!?! πŸ˜›

          • Tom Gidden says

            February 3, 2011 at 12:14 am

            I’m really not sure, as I’m quite disillusioned by the current range of parties. I’m quite the bleeding heart liberal, and even for a time a bona fide card-carrying member of the ACLU.

            Unfortunately, the nearest match (but by no means not the perfect match) for me was the LibDems, right up until they sold out. I’d consider the Greens, but I just can’t abide Hippies. πŸ˜€

            I don’t hold out a great deal of hope for the way things are going, but I also don’t think direct action or revolution is going to work well. People’s minds need changing, as for every left-wing nut job, there’s an equally crazy right-wing nut job, and that just won’t work for a revolutionary society. Instead, we’re going to swing violently between paradoxically similar but pragmatically opposed parties that end up (or even start by) being corrupted.

            Basically, we’re all screwed.

            Saying that, we still live in a far freer society than the majority of the world’s population, and that’s due — in part — to the Rule of Law. πŸ˜›

        • josef says

          February 2, 2011 at 8:34 pm

          Two points I forgot to mention:

          1. I’m glad you said “e.g. income tax” as opposed to “i.e. income tax” with reference to contributing to society. Because the belief that the only way one can contribute to society is by selling one’s labour for money is one of the nuttiest beliefs out there πŸ˜›

          2. (I know this potentially makes your arguments stronger but) Toby Hemenway’s publisher, Chelsea Green, also certainly fall into the Little Guy category.

          Reply
  22. josef says

    January 29, 2011 at 5:28 pm

    Wow, just got another really great response from Toby Hemenway, that to me justifies and makes worthwhile this whole discussion so far:

    Josef,

    Thanks for a very reasonable response; I appreciate that you–perhaps a bit less than I–have not flown off the handle here. The whole copyright issue fascinates me, and it is a place where varying philosophies, laws, and technologies collide. Obviously there’s already a lot of creative work being done around it, and although I don’t often continue conversations like this, you’re saying some useful and thought-provoking things, so I’m still here. BTW, I didn’t tell anyone about your site; looks like the Zeitgeist just put you on a bunch of author’s and publisher’s radar screens simultaneously.

    It intrigues me that the very places that you feel you are doing good work–and I can see your point–are the places that bother me the most. It is the “sharing” that bothers me. (Though I’ve now gotten used to my private emails showing up on FB; it makes one much more temperate!) If someone wants to photocopy or scan a copy of Gaia’s Garden, because they can’t afford the book, I have no problem with that. Private copying fits in my world view. Sure, like everyone, I have mp3s that I got off of a friend’s laptop. It’s the mass distribution without the artist’s permission that I don’t like. It’s just not yours to give away. I also get that this is a view that’s probably not going to be around much longer, as our relationship to the whole idea of property evolves. Private property has been a way to develop resources and build wealth (and empires), and we’ve done just about enough of that. It’s a tool that we don’t need to use as often any more. So, yes, to some extent I’m stuck in the old model. It’s worked well for me, it’s what I’ve known most of my life, and it’s hard to drop. Kind of like trying to get a conventional farmer to go organic. It’s why farmers are so conservative: the old way is working for them, and their livelihood depends on it. There’s a transition that can be rough and hungry, is scary, and requires faith.

    My publisher does sell GG eBooks via Kindle and others. It’s about 10% of my book sales, up from 2% two years ago, and I’m sure it’s going to grow. Although if people can get it so easily for free, I wonder. We’ll see. The data are not clear there. One change I’ve made is that I’ve essentially stopped trying to publish magazine articles, even though the money was good, and instead I just post them at various websites. Getting the word–and my name–out there has a lot more benefit to everyone, I find, than having to tailor my writing to what some magazine wants me to say. It was useful for me once, and it’s a good way still for authors to get known–so that model still has its uses–but the benefits versus the compromises don’t work out for me anymore.

    I wish the publishing industry would move quicker, too. I’m locked into a contract with Chelsea Green–who in general are wonderful to work with–that gives them all the rights for distribution, so to some extent I must dance to that increasingly antiquated tune. I wanted to put more excerpts of GG on my website: the plant lists, and some significant chunks of content, sections on how-to, etc., for exactly the reasons you have given, and CGP has balked. So officially I’m restricted to offering just a few pages, when I’d like to offer a good chunk of the book. I’ll figure out a way to make it work, though, because I agree that the more that people see of the book, the more they will buy it. So we really agree on that one–I just have a big piece of my life invested in the old system, and, like a conservative farmer, pulling it loose is a slow process that both legally and financially I can’t do overnight. We’re in an interesting time, where the old and the new are both working, neither one perfectly, often with conflict, and we’re not at resolution yet. Our conversation reflects this dynamism. I’m hoping that in not too much time, when I see that someone like you is distributing my work, both the legal machinery and my own mindset will see only the benefit in it.

    If I make it to your side of the pond, it would be good to meet you. And thank you for listing all those resources; a full toolkit makes it much easier to build the next phase. And, do feel free to put this up on the FB discussion.

    in peace and good cheer,

    Toby

    I’m going to respond again and keep this fascinating dialogue going, but just had to post Toby’s response up right away!

    Smiles,

    Josef.

    Reply
    • Dennis says

      February 1, 2011 at 5:55 am

      That was a great response. You’ve made a difference Josef.

      Reply
      • josef says

        February 1, 2011 at 2:58 pm

        Thanks Dennis, does seem that way, doesn’t it! πŸ˜€

        Reply
  23. Ed Dowding says

    January 29, 2011 at 7:40 pm

    Marvellous debate – good work all round – especially to the authors and the cybrarian who collate and distribute the knowledge as they do so very effectively.

    As one currently considering writing a book, which I was going to give away, I agree that it would be lovely to see more research findings on the most effective tools for monetisation. Flattr? Freemium (with the download having limited content)? Threshold?

    Do you offer research cybrarian services, too? In which case, can you find data on this? I daresay you could make a lot of authors very happy if you could help them with ascertaining the most effective ways to distribute and still be rewarded.

    Reply
  24. @collentine says

    January 31, 2011 at 5:04 pm

    Was a long conversation but well worth the time reading:)

    I remember one famous author who chose to post his book, one chapter at a time, whilst he was reading it. He left each chapter up for about a week and then removed it. By doing this he created a buzz around the book as well as very valuable feedback and critique that he could implement in the final version of the book. Forget if he had any type of donation linked to the publications of the chapters and forgot the name of the author (Seth Godin?).

    Reply
  25. SuperAJ says

    February 1, 2011 at 3:10 am

    Josef, dood, you rock. Keep on truckin’ =D

    Reply
  26. josef says

    February 1, 2011 at 3:02 pm

    OK, finally got around to responding to Toby’s amazing most recent response:

    Hi Toby,

    I really feel like we’re getting somewhere now πŸ™‚

    To be honest I wasn’t expecting to here from you again, so it was a very pleasant surprise to receive such a great (and IMHO more enlightened) response πŸ™‚

    Again, thank you!

    Still, I’m left a little baffled by your position. Let me try to show you where my confusion comes from…

    You say (in chronological order):

    “I give away plenty of content. I know that model very well”
    “I don’t earn much money from my book, but the reputation the book has given me has gotten me a lot of work.”
    “I’m not trying to eliminate illegal copies of my book, as that’s impossible.”
    “If someone wants to photocopy or scan a copy of Gaia’s Garden, because they can’t afford the book, I have no problem with that.”
    “Private copying fits in my world view.”
    “Sure, like everyone, I have mp3s that I got off of a friend’s laptop”
    “Getting the word–and my name–out there has a lot more benefit to everyone”
    “I wish the publishing industry would move quicker”
    “I must dance to that increasingly antiquated tune”
    “I wanted to put more excerpts of GG on my website: the plant lists, and some significant chunks of content, sections on how-to, etc., for exactly the reasons you have given”
    “I’d like to offer a good chunk of the book”
    “I agree that the more that people see of the book, the more they will buy it. So we really agree on that one”
    “I’m hoping that in not too much time, when I see that someone like you is distributing my work, both the legal machinery and my own mindset will see only the benefit in it. ”
    “thank you for listing all those resources; a full toolkit makes it much easier to build the next phase”

    Now, considering those are all your own words I find it hard to comprehend how you can also say:

    “It is the “sharing” that bothers me.”

    As for the mp3s you’ve got, wasn’t your friend doing almost exactly the same as what I was doing with your book, i.e. sharing and distributing it without the artists permission? Did you point out to your friend that they were being unethical, immoral and acting illegally? I’m willing to bet you didn’t! Why not?

    I guess I could answer that myself using one of my quotes of your own words above.

    So the next question is: why is it that you still think (or do you?) that I’ve been actually unethically and immorally by sharing? Do you really still think that? Or has this dialogue really been as great as it seems? πŸ™‚

    If you weren’t locked into the old system and into a contract with Chelsea Green, wouldn’t it be nice to just let me have that copy of the 1st edition of your book (which is actually now out of print!) in my online library?

    Do you now see that me sharing your book in my online library conceivably did more good than bad, for both you (more awareness of your work = more respect, more other work, arguably more sales – as you yourself point out), and the wider world (easier access to great work)?

    One of big ironies in all this is that whilst I wasn’t making any money from sharing your book previously, nor educating people about how to use bittorrent to find your and many other books, films, music etc now I am…

    The place holder file I have placed where you book previously was contains links to the google torrent search for your book, the search for “how to bittorrent” and an Amazon affiliate link to your book (from which I may earn commission). Check it out:

    https://files.uniteddiversity.com/Permaculture/Gaias_Garden-A_Guide_to_Home-Scale_Permaculture.pdf

    I’ve done exactly the same with Steve Soloman’s book:
    https://files.uniteddiversity.com/Permaculture/Gardening_When_It_Counts-Growing_Food_In_Hard_Times.pdf

    I don’t want to belittle the valid (but IMO, misplaced) feelings many artists have when they realise people are freely sharing their work, but can you see why I’ve found this whole thing rather funny? (hence why I’ve been describing it as a “tragic comedy”)

    Big smiles,

    Josef.

    Reply
    • josef says

      February 2, 2011 at 4:40 pm

      Toby’s response:

      “A foolish consistency is the hobgoblin of the little mind,” so I’m fine being inconsistent. I think there’s a difference between a buddy sitting down with one person to share an mp3 he thinks is cool, and posting a pdf on a website that is available now to two billion web users. Scale is important; the dose makes the poison, and all that. Mass distribution versus personal sharing. And like I say, I’m squeezed between my legal obligation to my publisher, and the evolving cyberspace. With sympathies toward both. If that’s confusing, so be it. Most of life is very confusing and inconsistent if I try to apply my rational mind to it. I’m better guided by what feels right. But I think time is on your side–technology has a habit of driving morality, kicking and screaming, to a different place.

      Toby

      And mine:

      Nice quote πŸ™‚

      And yeah, paradoxes and inconsistencies are, I guess, a hallmark of our universe.

      Reminds me of something Gandhi wrote where he points out many of his written views are contradictory πŸ™‚

      “I would like to say to the diligent reader of my writings and to others who are interested in them that I am not at all concerned with appearing to be consistent. In my search after Truth, I have discarded many ideas and learnt many new things Old as I am in age, I have no feeling that I have ceased to grow inwardly or that my growth will stop at the dissolution of the flesh. What I am concerned with is my readiness to obey the call of Truth, my God, from moment to moment, and, therefore, when anybody finds any inconsistency between any two writings of mine, if he has still faith in my sanity, he would do well to choose the later of the two on the same subject.” M. K. GANDHI Harijan, 29-4-’33, P. 2

      BTW, you may enjoy reading some of the “less than positive” things many people said about me on one of the mailing lists I pointed at my blog post:

      https://uniteddiversity.com/email-to-toby-hemenway-re-piracy/#comment-3028

      I sincerely hope some of that makes you chuckle. Its not fair for me to have had all the laughs!

      And whilst you said earlier that “I appreciate that you–perhaps a bit less than I–have not flown off the handle here” it is also most certainly true that I’ve shown less humility and manners than you.

      My apologies for that, and thank you for making this journey an interesting one.

      Do let me know if you’re ever over this side of the pond πŸ™‚

      Warm regards,

      Josef.

      Reply
  27. josef says

    February 2, 2011 at 6:31 pm

    Yet another eloquent and reasoned response from Toby:

    Josef,

    At risk of extending a thread past its natural death, I did find some of the posts (pro and con) on your blog very nuanced and nicely thought out. Two in particular: one is the idea that there is a distinction between theft and infringement, and that theft is not the right term in copyright cases. Theft is depriving the owner of a good, which is not what happens here. The idea of infringement is what makes this so fluid and arguable: the owner is deprived of “potential future earnings” and so we can go round and round about whether those earnings would ever have appeared if the infringement hadn’t happened. And its why you can accurately say that your posting the link may have increased my book’s sales. Maybe it did, maybe it didn’t. And thus I’m left to retreat to my unassailable redoubt of the law, and not to arguing whether you might have helped me or not. But the issue itself is fascinating to me: how does this differ from theft, because it surely does.

    The other critical aspect is this post:

    “when Copyright was being formulated, the widespread belief was that the author had no natural right to control such distribution or even a right to exclusively exploit it for potential earnings, as knowledge (whether discovered and created) was the property of all mankind. To encourage publication, an artificial right was crafted for exploitation of a creative work for a very limited period. The fact that this has now developed into a much more solid and practically unlimited right doesn’t mean it’s a natural right, so it’s arguable.”

    And that’s what the whole conversation is about: One one hand the expansion of copyright into eternal control of a work, instead of limited rights, and on the other, the emergence of technologies, beginning with Gutenberg, that make it easier to copy a work. SInce there is virtually no natural control on distribution, such as cost, and there is no obvious “natural” right to ownership of a copiable work in the way we assign ownership to hard-to-make goods, technology to some extent is going to drive the conversation about rights. So we must go back to the issue at the heart: how do we best disseminate knowledge while still encouraging those who labor to assemble it? The law is pretty clunky for a conversation of that subtlety.

    I’ve had a number of conversations about copyright in the past, but never one that’s helped me get to as deep an understanding of what’s at the heart of it. And it’s helping me get clear about my own position in it. Of course, as an author I have a ox in the field that I’d prefer not to see gored, but after this I’m willing to use more techniques than simple copyright to play the game. That’s been a real benefit. So perhaps my next book will be print on demand, more eBook, and more freely distributed.

    I appreciate your printing and annotating the comments in such an even-handed way. Too many bloggers use commenting as a way to simply hammer those who disagree, and it takes humility not to give biased editorials on each comment.

    BTW, I am called Toby, not Tom.

    Toby

    And my reply:

    Hi Toby,

    Thanks for yet another eloquent and reasoned response πŸ™‚

    On 2 February 2011 17:37, Center for Pattern Literacy wrote:

    > I’ve had a number of conversations about copyright in the past, but never one that’s helped me get to as deep an
    > understanding of what’s at the heart of it. And it’s helping me get clear about my own position in it. Of course, as an
    > author I have a ox in the field that I’d prefer not to see gored, but after this I’m willing to use more techniques than
    > simple copyright to play the game. That’s been a real benefit. So perhaps my next book will be print on demand, more
    > eBook, and more freely distributed.

    Brilliant!

    Be sure to let me know about any crowdfunding efforts you may do to fundraise for a forthcoming book release of this nature – I’ll most certainly do whatever I can to help it succeed! πŸ™‚

    I so wish the same thing had happened with Steve Soloman.

    (BTW did you see this: https://www.kickstarter.com/projects/coppiceagroforestry/dave-and-mark-write-a-coppice-agroforestry-book Mark Krawczyk and Dave Jacke tried to raise $5000 to write a new book about coppicing but instead raised $20,563! πŸ˜€ )

    > I appreciate your printing and annotating the comments in such an even-handed way. Too many bloggers use
    > commenting as a way to simply hammer those who disagree, and it takes humility not to give biased editorials on each
    > comment.

    Thanks πŸ™‚

    > BTW, I am called Toby, not Tom.

    Hahaha, of course you are! Whooops! πŸ˜›

    Sorry about that, but thanks a lot for more laughs! (at my own expense)

    Big smiles,

    Josef.

    Reply
  28. Matthew Gardiner says

    February 3, 2011 at 3:08 pm

    Of course Eric Schmidt, the spokesperson CEO of Google, who make a mint from communicating knowledge concurs with the above, though not as eloquently as you did.

    Free is a better price than cheap. And this simple principle has been lost on many a business person. There are business models that involve free with adjacent revenue sources. And, in fact, free is a viable model with branding [advantages], [charges for] service, and other things. But it’s a different business model from what most of us are used to

    The harsh message is that everything will happen much faster. Every product cycle, every information cycle, every bubble, will happen faster, because of network effects, where everybody is connected and talking to each other. So there’s every reason to believe that those who are really stressed out by the rate of change now will be even more stressed out.

    People have to accept that, at least in the digital world, the cost of transmission and distribution, is not going to go up. It’s on its way down. The people who build physical devices that connect to [transmission and distribution] will eventually morph their models into more of the prepay model, because it will be more consumer efficient.

    Schmidt goes on to adress the Long Tail, first coined by Chris Anderson of Wired magazine and then broadly adapted. About the longtail he says:
    So, we love the long tail, but we make most of our revenue in the head, because of the math of the power law. And you need both, by the way. You need the head and the tail to make the model work.

    https://www.mckinseyquarterly.com/Googles_view_on_the_future_of_business_An_interview_with_CEO_Eric_Schmidt_2229

    Reply
  29. Hamish Atkinson says

    February 6, 2011 at 7:00 pm

    This discussion has been one of the best informed and level-headed I’ve ever read. Here’s my two-penny’s worth:

    Copyrighted content is (generally) being sold for too high a price, per copy. I’m not saying that copyright owners are earning too much money, but rather that they would probably earn just as much (or more) if it was 1) very easy to purchase the product and 2) very cheap to purchase the product. Remember, the content is available for free. The Publishing industry cannot stop that (Toby’s polite emails notwithstanding), but they can influence the punter’s choice to be a pirate or a customer.

    Take Music Albums. At Β£8 – Β£12, the decision to buy an album or copy it for free free mostly falls on the copy side. So there must be 10 or more copies of every album for each one sold. Now if the album cost less than a pint of beer (Β£3), 3-4 times as many people would pay for it. If it cost a Β£1 (and it was real easy to buy, with clickable links everywhere and the ability to press a button on your car stereo to buy the album after hearing a track on the radio), then they’d probably make 8-12 times as many sales.

    The supply-demand curve is probably a little different for Toby’s books (much more of a niche market, I expect), but a similar effect would be observed, I’m sure. It would have the advantage of reaching a larger audience with the author’s message. Perhaps a pay-per chapter approach would help sales, just as you can buy individual tracks from an album.

    Of course, for this to be most effective, you’ll need to drive costs right down. Digital books are almost free to distribute, without all that overhead of print presses. I would support a campaign to extend the zero-rate VAT (sales tax) to e-books, as this would help support a cheaper distribution model and help break the print publishers’ stranglehold on the market.

    With regards to copyright durations, perhaps we should follow the pharmaceutical industry model – Drug companies have 12 years to make their profit on their invention, before the medicine is open to all companies to make generic versions. (Wonder why ibuprofen is available for 30p/16 tablets? Generic copies, that’s how). The drug companies still make plenty of money on this basis, despite the fact that FDA approval often takes 5 years to achieve, leaving only 7 years of high value sales.

    The author’s lifetime or 100 years seems a bit long to me (feel free to correct me on the correct durations), especially for copyrighted content which could be of great benefit to mankind as a whole. How many poor people in developing countries would have died unnecessarily if the pharmaceutical industry kept their patents for 100 years?

    Finally, Toby’s request to remove the book from the website is totally fair. It is, after all, his intellectual property (or arguably his publisher’s). But one thing is sure: If it is easy to get something for free, human nature is such that most people will take the free copy, over paying for it. Taking the PDF off the website makes it just a little bit more difficult to get the book for free. Simply selling something cheap won’t make people rush out in droves to buy it. They need to know about it, want it (marketing) and it needs to be easier to buy than to copy, bearing in mind the cost.

    I support the principle behind Josh’s arguments (encouraging the spread of knowledge), but not the arguments themselves, because it is likely that the author (and his publishers) are losing revenue as a result of his actions.

    That said, with the ease of acquiring free copies, publishers in general need to “get real” and adopt a lower-cost distribution model, with more units sold.

    Reply
  30. ollie says

    February 10, 2011 at 1:05 pm

    Wow. That was a wonderful debate. Thank you guys. Esp Josef and Toby. Would just like to add a ‘like’ star to the last fellow who said make e-products cheaper.
    x
    Ollie

    Reply
    • josef says

      March 1, 2011 at 8:56 pm

      Thanks Ollie πŸ™‚

      Reply
  31. G says

    February 12, 2011 at 4:47 pm

    Interesting discussion. Toby has probably done more to promote his book & reputation by showing his openmindedness that any publisher would have ever done. The very concept that we own words or ideas individually is one of the programmed ideas of a now crumbling capitalist society.

    I have in the past, often been advised to take out Patents on some of the designs we have produced…. however nothing could be further from the concept of getting the ideas out into the wider world. Anyone who patents anything that could benefit other people is showing their greed is more importnant to them than their love for other human beings.

    Reply
  32. josef says

    February 14, 2011 at 11:16 am

    Its not about book, but I just came across this article about how putting all their videos online for free increased Monty Python’s DVD sales by 23,000%!
    https://www.slashfilm.com/free-monty-python-videos-on-youtube-lead-to-23000-dvd-sale-increase/

    Reply
  33. zeh says

    February 27, 2011 at 4:52 am

    Nice discussion. Late for the party but just wanted to throw something more into the mix. The Telekommunist Manifesto has an excellent section on copyright and free culture and a critique of them, with a historical account. For the people who wanted to see a good argument on why copyright is bad, in principle, there you go. You get a critique of Lessig’s liberal-capitalist-lets-change-this-bit-so-that-most-of-it-stays-the-same views and a whole lot more. This would be a great addition to your library, of course.
    https://www.telekommunisten.net/the-telekommunist-manifesto
    https://ecommons.tuxic.nl/?p=2440

    Reply
  34. josef says

    March 2, 2011 at 4:40 am

    This is relevant here:

    FCForum Declaration: Sustainable Models for Creativity
    https://fcforum.net/sustainable-models-for-creativity/declaration

    “We can no longer put off re-thinking the economic structures that have been producing, financing, and funding culture up until now. Many of the old models have become anachronistic and detrimental to civil society. The aim of this document is to promote innovative strategies capable of defending and extending the sphere in which human creativity and knowledge can prosper freely and sustainably.

    “This document is addressed to policy reformers, citizens and free/libre culture activists and aims to provide practical tools to actively bring about this change.”

    Reply
  35. Jim says

    March 19, 2011 at 12:58 am

    You naughty anarchist boy!

    ..but i can see why people might get stressed if their income gets blagged…’real world’ issues type thing. (bills to pay and the like). I just hope that you follow the sharing ethic fully yourself Josef..not just in cyberspace by the way.

    Reply
    • josef says

      March 22, 2011 at 10:56 am

      I think I do πŸ™‚ (follow the sharing ethic that is).

      What sort of thing do you have in mind though?

      Reply
  36. Jim says

    April 20, 2011 at 6:44 pm

    Free Love

    Reply
  37. Ku Tek says

    May 30, 2011 at 3:16 pm

    Epic conversation, it’s taken me about an hour to chew through, but well worth the effort. Josef you are a legend, the world needs more like you. As for Toby, I was about to write you off to the Permaculture Hall of Shame, along with Stevo Soloman, I now wouldn’t buy one of his books even if he’d found the elixir of life itself, shame on him, but big respect to you too my friend, you’ve proved your metal.

    As for the the earlier mentions of democracy and law, in todays world such things equate to the wars in Iraq, Afganistan, Libya, et al and the provision for disasters such as Fukushima. Democracy is an artfully crafted mask for capitalism, which is merrilly destroying the world beneath our feet, the law is used to justifiy the crimes against us all.

    Reply
    • josef says

      June 1, 2011 at 10:41 am

      Thank you for your comment Ku Tek πŸ™‚
      https://uniteddiversity.com/support-our-work/ πŸ˜‰

      Reply
  38. @gaiapunk says

    June 2, 2011 at 10:14 am

    I’ve even talked with Toby about this too. The fact remains that the old guard of permaculture doesn’t understand the true power of the internet or how one makes money with it. I had the exact same discussions with Tagari and Lisa Mollison, it came to nothing….. I did however get thank you’s from people around the world including ethiopia for making the designers manual accessible to them via scribd.

    https://punkrockpermaculture.wordpress.com/2009/11/10/permieliberation/

    Reply
  39. josef says

    June 2, 2011 at 12:46 pm

    Just came across these good related links:

    https://www.dolectures.com/lectures/why-copyright-needs-to-change/
    https://questioncopyright.org/promise – The Surprising History of Copyright

    Reply
  40. PermaMedia says

    August 16, 2011 at 7:50 pm

    Some copyright stuff:

    Steal This Film I (2006) + Steal This Film II (2007) + Trial Edition (2009) – Documentary Films and Anti-copyright Resources
    https://permaculture-media-download.blogspot.com/2011/07/steal-this-film-i-2006-steal-this-film.html

    and

    Permaculture illegal stuff:

    Permaculture and Organic Gardening – Ebooks and Documentaries Collection – Torrent Download
    https://fuckcopyright.blogspot.com/2010/09/permaculture-and-organic-gardening.html

    Earthship illegal stuff:

    Earthship Biotecture Collection of ebooks, documentaries and videos – torrent download
    https://onebigtorrent.org/torrents/10303/Earthship-Biotecture-Collection-of-ebooks-documentaries-and-videos–torrent-download

    finally, good old

    An Introduction to Permaculture – Torrent
    https://kickass-top.com/an-introduction-to-permaculture-tt4071953.html

    Reply
    • josef says

      August 16, 2011 at 9:58 pm

      There is also this Geoff Lawton pack with all his recent stuff including Permaculture Soils:
      https://www.demonoid.me/files/details/2673163/003021224100/

      This:
      https://www.kat.ph/permaculture-design-course-box-set-t5630595.html

      And these massive torrents:
      https://isohunt.com/torrent_details/265575877/permaculture?tab=summary
      https://isohunt.com/torrent_details/288059605/permaculture?tab=summary

      Reply
  41. josef says

    August 17, 2011 at 1:59 pm

    Here is a site specifically for crowd funding books:
    https://unbound.co.uk/

    Reply
  42. Digital Soup says

    August 17, 2011 at 9:24 pm

    1. Keyword: “Choice”

    It is the author/creator’s choice on how the content is distributed- not yours. If they choose to sell their content, you can choose whether or not to buy; it’s your choice. By distributing someone else’s content against their wishes or intent, you are going against someone’s choice. Call it thievery, pirating, stealing, disrespect… whatever you call it in this case, making a choice for someone against their own wishes is not legal.

    2. I challenge you to write and publish your own book.

    Reply
    • josef says

      August 17, 2011 at 9:50 pm

      1. Hence why I (sadly) no longer share Toby’s book in my online library https://files.uniteddiversity.com. Thankfully (for those striving to feed themselves etc) it is still very easy to find online. FYI, I also chose to buy a copy of Toby’s book (this is not uncommon – according to my research people often choose to buy hard copies of books they have pdfs copies of already)

      2. I will hopefully complete that challenge at some point! πŸ™‚ I’ll most likely use something like https://unbound.co.uk/ when I do πŸ™‚

      Reply
  43. Josef Davies-Coates says

    August 19, 2011 at 12:18 pm

    This looks like an interesting article:

    https://p2pfoundation.net/Copyright,_Ethics_and_Theft

    “copyright is theft, unauthorized copying is not theft.”

    Reply
    • Kanada says

      October 5, 2011 at 12:45 pm

      Hey Josef. I think this Copyright/piracy thing is really funny. I personally have bought and or downloaded just about every gardening book/ video/ mp3 I could find. I have been appalled that the same visionaries who would tell us to tear down the corporations, and that nature comes first, people need to stop pooping into flush toilets, and that only after the last birds, fish and trees have been killed will people realize you can’t eat money. Are in fact quite taken with money.

      You might question why mushy vegan veggie wraps (disgusting as they are) sell for 5 pound, or why farmers markets cost so damn much. Basically people are still completely in love with money (except for your moneyless friend of course). “hippie” farmers charge extremely high prices because they are selling to upper class educated people who want to spend the money. I think as a better goal farmers should match or even undercut tesco’s and walmart’s prices every chance they can. Maybe then healthy food can be considered normal instead of a luxury. I am very tired of how hypocritical some people are. “this can save the world”… but I will restrict who can read it. “Corporations are evil”… lets start our own, and sue the shit out of anyone who doesn’t pay.

      I have recently done some soul searching, and caught myself not sharing as freely as I could be. It seems that my studying has given me a bit of an advantage over other farmers in my area. I have extremely low operating costs, and a very productive farm. I realized recently thanks to some of stamets’ philocybe friends that I might be an asshole too. I’m not sure I want everybody doing things in a well designed manner, because then I lose my market advantage. I’m not sure I want everyone growing their own food. Who would I sell to?

      As the price of oil goes up, food prices go up… but my operation doesn’t require fossil fuel. hmm more profits for me. I’m not sure how to handle this. On the one side I feel like screw those other farmers for not reading anything other than truck magazines. And on the other I realize I’m probably just fucking myself by watching people poison the water my kids swim in, and sitting safe and secure until the masses stumble like zombies out to my place and take the food they don’t have.

      Share… don’t share… Donkeys like Mr. Hemenway are just regurgitating stuff he has read or learned from others. (Stamets on the other hand is a real scientist… and a business man patenting nature) What few interesting things Hemenway has “discovered” in his own gardening experience is like something from 1000 years of solitude. Writing his book while standing on the combined experience of the entire human race, and calling it his property, is like me sitting in a boat and calling the ocean mine.

      Reply
  44. josef says

    February 2, 2012 at 1:32 pm

    A relevant article in The Guardian:
    https://www.guardian.co.uk/books/2012/feb/01/paulo-coelho-readers-pirate-books

    “Paulo Coelho calls on readers to pirate books. Multimillion-selling author links with Pirate Bay, saying ‘the more people “pirate” a book, the better’ “

    Reply
  45. Neely says

    May 11, 2012 at 10:52 pm

    I see this is an old conversation — literally ancient in terms of the Internet.

    I just wanted to add, I own or have owned hard copies (“legally” acquired) of almost every book mentioned on this page. Although online copies of books are great and come in handy for figuring out what I actually want to own, when a book is truly useful, I like to have it on hand.

    But, I bought all the aforementioned books used. I’ve enjoyed them all to some degree, but it’s not in my nature to buy something new when hundreds of that same thing exist in fine form secondhand. I don’t deserve a cookie or anything for that, but if I wrote a book with information people who had little or no money desperately needed, and my book was *still* selling, I don’t know that I would blanch at this kind of sharing.

    I know that this is how these people earn money, but are they really hurting? Like me, do they have to worry about whether or not risking the investment seed-buying is worth it, just in case the garden were to fail to produce? If they’ve been there in the past, wouldn’t they want to help someone out who really needed the guidance?

    Every book purchase I make is pretty well-researched, because I have so few dollars to use to educate myself and my kid. But people like me, and people who are in even stricter financial situations, I guess, don’t matter to authors!

    Reply
  46. frank says

    May 23, 2012 at 2:52 am

    toby’s book is awesome. currently, i am borrowing it. without getting it for free, i would’ve never considered buying it.
    i think josef nailed it.
    and toby, now is aware and enlightened about the situation.

    Reply
  47. Joe LaBonte says

    May 25, 2014 at 1:48 pm

    Dear Josef

    Great response and very educational. I have worked in the world of copyright for art and am left stunned by the importance artificial art holds on our being when the organic art of life is held in such disregard.

    Where is the copyright protection of our children who are entitled to “Clean Air, Clean Water, Clean Food, Clothing, Shelter, Education and Healthcare?

    Where did Toby, who i greatly admire, get his material? On what existing knowledge did he build from? Does he pay it back?

    Your well thought out presentation I hope will resonate with him and become the accepted model for the future. It is moving us back to a model we all once understood before religion and the “Agricultural Revolution” which has and continues to supplant the last remaining earth cultures. Sharing because our survival requires it.

    Joe LaBonte
    Pres./CEO
    Constitution Restoration Cooperative Association
    http://www.crca.coop
    justjoe@justjoe.org

    Reply
  48. Wojciech Majda says

    August 31, 2014 at 9:55 am

    Interesting perspective. The biggest “scam” and lost business opportunity is the fact that there’s no “legal” “Permaculture: A Designers’ Manual” ebook. I guess Bill doesn’t need money anymore.

    I must admit that I’ve first read the book in the library. I like it so much, that I’ve downloaded it for free…

    I also own the hardback, but I use the “illegal” copy as I am traveling, so carrying my paper books with me would be impractical.

    Reply
    • Josef says

      August 31, 2014 at 10:02 am

      I wouldn’t call it a scam, but it is certainly a missed opportunity. I’ve got the scanned pdf copy too but I imagine that lots of people would love to buy a proper epub or mobi version of the book that would work well on ebook readers.

      Reply
  49. Chris Smaje says

    June 30, 2015 at 2:41 pm

    I posted some reflections on this interesting debate at https://smallfarmfuture.org.uk/?p=793

    Reply
    • Josef says

      June 30, 2015 at 2:58 pm

      Thanks! πŸ™‚

      Reply
  50. Deb says

    February 23, 2016 at 9:37 pm

    Why don’t you just go to your local public library and check out the book for free to preview it if you want it? If your library does not have it, many can borrow it from another library or MEL. Instead of being illegal about it and making people mad, just do it the old fashioned way. Get off your butt and go out, see people, socialize, get a book, read it, and be legal about it. If you really like it, then go out and buy it. If I created a book and wanted to sell it, I certainly would not want people being able to get it for free. I would, however, give plenty of previews or pages so people could get an idea of what they will get for the money. I just went to the library and inter loaned a few books on permaculture and one that sells on Amazon for almost $30. Now I can look at them and decide if I want to buy them. No need to be illegal. NOW, if the author authorizes you to be sort of a digital library, then great, but otherwise, stay out of people’s business. I love free stuff just like anyone else, but I don’t want to be illegal. So I will never return to this site. Here I thought I had found a good resource.

    Reply
    • Josef says

      February 23, 2016 at 10:06 pm

      Thanks for taking the time to comment Deb. I’m very happy for you that you live near a decent library. Most of humanity does not. You also seemed to have missed the bit about me having a hard copy of this book and how in the past I went out all over the place selling hard copies of this book. And how many best selling authors also give away digital copies of their books. I no longer share this book in my online library, but of course it is still out there for free if anyone cares to look for it in wider online library known as the Internet. Once the genie is out of the bottle there is really no going back. Can I just ask one question before you go Deb: can you honestly say that back in the day you never recorded a TV show with a VHS recorder? Do you really have no cassette tapes up in the attic with music you recorded from a friend (or mp3s a friend shared with you)? Because if you do you’ve broken the exact same laws as me.

      Reply
  51. Ankit Wadhwa says

    March 8, 2020 at 1:57 pm

    Hi Josef, somehow the link: https://files.uniteddiversity.com/Permaculture/ is not working.
    Request you to confirm an alternative location for the amazing collection of material that was there on this location.

    Reply
    • Josef Davies-Coates says

      March 8, 2020 at 2:53 pm

      http://library.uniteddiversity.coop/Permaculture/ πŸ˜ƒ

      Guess I should set-up some redirects or something.

      Enjoy!

      Reply

Trackbacks

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