Unfortunately, Quad9 is censoring some domains in Europe (notably in France and Italy) following injunctions issued by rights holders [1]. That was not the case with Mullvad's DNS.
> The German courts entirely disregarded our use of geo-IP lookups on queries, and asserted that since tests via a VPN were able to resolve the domain, we were in breach of court orders
Seriously, what the fuck? So you're supposed to block VPNs as well? What's next, Tor exit nodes? New VPN and Tor nodes as they pop up? I really don't like where this is going.
What's even worse: the court fined us because they claimed this use case was in some way in contempt of their ruling. Then, when we won the overall case, that money was never returned because it wasn't specifically referenced by the final court. The response from the lower court was effectively: "Well, you will need to sue the court to get that money back." <table flip>
>wasn't specifically referenced by the final court.
Maybe your lawyer fucked up? Did you immediately appeal the fine or request a stay pending the main action?
Appeal court ruled on the substantive case. My understanding is that in Germany it has no procedural jurisdiction to order the state treasury to refund an enforcement fine. You need restitution claim that makes the thing yet another hoop.
Cost and staff time to pursue were not significantly higher than the return. We just want to help people with security and privacy and do DNS stuff - this legal fighting is absurd and misplaced and a spectacular waste of time, but here we are.
The entire point is that it can't be reasonably enforced with any granularity. Rights-holders want it to be like that so a copyright win in a single country means something has to be taken down globally.
And this is why I will continue supporting the position of "ending copyright altogether":
Average of (current maximalist copyright; ending copyright) is what you called middle ground.
Average of a sensible position like (current maximalist copyright; ending copyright divided by 2) still does not yield a sensible world where culture and art - or even human interactions - can thrive.
Are you proposing this as a bridge to eliminating it entirely? Because to be quite frank, the “copyright holders”
don’t deserve a damned thing. They’ve already robbed the commons and will continue to do so. Appeasement is the same as capitulation. And quite frankly the way things are shaping up… association is the same as guilt and I am not in a forgiving mood, having been robbed blind by these same people for my entire life.
As language models are tolerated that is only fair in my opinion.
If they are allowed to be trained with GPL licensed, copyrighted and so on data then copyright should vanish also for everyone else. The existence of LLMs with the current laws is just unfair.
Indeed it needs to happen, and even here on HN, it can be difficult for some to admit and acknowledge.
It'd be great for this to be the first major relinquishment of nation-state power to happen without violence, without backroom deals, without wedge politics and flag waving.
Just... let it go.
It's beyond obvious that copyright is not going to exist in 1000 years. Every creature on earth - especially the internet - survives by copying information. It's the most basic life force in the universe.
Copyright is serving exactly nobody today. It's time. Are there elder stateswo/men in the room who can see the writing on the wall and act with grace?
Except for nearly everyone who writes anything (including software) or other artistic pursuits to make a living. This includes a majority of people here on HN.
Most hackers here are not relying on copyright to make their living. Either you work on open source but make your living off services on top of the code, or your code is a trade secret protected via contracts.
Not to mention that everyone using coding agents probably aren't even protected by copyright in the first place, at least in the US, since the courts are taking a pretty hard line on human authorship being required...
Free Software as a concept could not exist without copyright. Copyright is what allows the license to declare the terms under which a copy is permitted, including the provision that the source code ship with the binary form. (This is discussed in the commentary to the GPL.)
Despite the SaaS model under which many of us build, there is still a tremendous amount of packaged and distributed software that people use every day: your phone and its OS and apps, most computer OSes, databases, medical records, transportation, communications—the list goes on—that many of us work on to put food on the table.
Copyleft software couldn't exist. But all software would be free by default, because all source would be in the public domain, and all reverse compilation of binaries would produce public domain code.
Sure, but if all software is in the public domain, then the profit motive for developing software will be completely wiped out, and much less will be produced as a result. Software development be reduced to a hobby or developers will have to seek out patronage like artists did in the 1600s. That’s not a world that most of us want to return to.
Why do you think so much open source software is written, if you need a profit motive for software to be created?
Also, let's be real - human written (and therefore copyrightable) code is dying already. When the machines can write anything on demand, why do you need a profit motive?
> Why do you think so much open source software is written, if you need a profit motive for software to be created?
That's like asking why gardeners like to grow food and flowers in their backyards, or why hobbyists like to build furniture in their garages. Some people need a creative outlet. It doesn't mean that a lot of people won't grow food, flowers, or furniture for free, and that there's no demand for food, flowers, or furniture to be bought.
> When the machines can write anything on demand, why do you need a profit motive?
Machines still need humans to power them. They're like any other tools that need direction and guidance, by humans that possess the innate creativity.
Ok, but unlike hobby gardening, open source maintainers actually write the core software we all rely on. That's where the analogy falls over - the "hobbyists" are producing a sufficient bounty already, without a profit motive. A lot of them are paid employees of corporations, but those corporations often don't make profit on the open source software they contribute to either.
> Machines still need humans to power them. They're like any other tools that need direction and guidance, by humans that possess the innate creativity.
Yes but ideas are not copyrightable, only the fixed expression of those ideas in (in this case) written form. If the actual writing of the code is delegated entirely to machines, then software copyrights are dead.
Or have a universal income. Capitalism isn't inevitable. And it will end anyway, at it hits planetary limits. Better start thinking of alternatives before one of the worst ones gets imposed on us.
We had arts and sciences being funded long before copyright even existed. Your concern is not based in reality. If people want something to exist they will be willing to pay for its creation.
> But all software would be free by default, because all source would be in the public domain, and all reverse compilation of binaries would produce public domain code.
I am not aware of any open-source license which tries to approximate the "there is no copyright" situation:
- Such a license would not compulse you to publish the source code of any modification you make for it.
- Such a license would allow you to distribute compiled programs only.
- On the other hand, such a license must not restrict you to de-compile, modify or re-destribute any binaries built from the source code.
- But any such derivate of such a binary or source code would have to stay under the same license (this is a different kind of virality than "normal" viral licenses).
> In the current legal system, you can enforce restrictions on the usage of this binary [from a public domain source], and can forbid redistribution, reverse-engineering
IAAL and am pretty familiar with U.S. copyright law, and am curious where support for this proposition in the law is found. Can you provide sources, please?
I don't know the US law (I live in Germany), but the intuition is clear:
1. Take some CC0/public domain source code.
2. Build a binary out of it and sell licenses for your software.
Case study: SQLite's source code is public domain. On the other hand, it is embedded in many commercial software products that are sold - and you are not allowed to reverse-engineer the software or redistribute binaries of it. This would be possible/allowed in a no-copyright world.
"your code is a trade secret protected via contracts" isn't enough to replace copyright because the contracts are only enforceable to the signing parties.
Let's say you write some software for your employer and they sell the product to several customers with a contract not to distribute it. However, the product appears on some pirate website anyway, and you can't identify who allowed the product to be leaked. Once it's there, your contracts are worthless as nobody who downloads it from the pirate site will be bound by your contract. You need copyright laws to prevent subsequent distribution.
Without copyright laws, you'd then end up in the situation where people who paid for the software then are bound by the contract and would have to keep paying, and those who just downloaded it from a pirate site would be completely fine legally and could use the software with impunity. That would create a disincentive for anybody agreeing to buy the software and entering into a contract in the first place, essentially killing the industry.
You might not see a problem with that if you believe in Open Source, but most licences require copyright laws to exist to protect the software freedoms so that people don't just take the software and close source it.
Yeah, I'm assuming most people here aren't selling proprietary code to customers directly. I assume most professionals here work somewhere that sells SaaS or uses the software they develop internally only.
If I recall correctly most software work goes to custom software. Note that in many, possibly most, cases, the (sole) customer retains the exclusive rights to the source code, making the software effectively Free per the FSF definition (because the user is free).
Almost my entire career was spent on such custom software. The rest was internal software. And even that one I was doing as a contractor, so in a way we could argue it was custom software even there.
Even if they don't sell the code to the customers directly (or even binaries, because that's what most customers actually care about), somebody in the chain is selling that software to the end customer and that money is going up the chain. It's kind of obvious really - if the work you're doing isn't creating saleable value, then your company won't be able to pay you.
But there is far, far more in the world that just SaaS or internal only software. Sure, companies are generally shifting towards SaaS (in part because it allows them another way to combat piracy, but also to extract recurring revenue rather than one off purchases), but there's still plenty of software you can go out to the shop and buy. Most of that wouldn't exist without copyright laws, because those developers would have found some other way of making a living instead.
> somebody in the chain is selling that software to the end customer
Not necessarily? Any infra software is invisible to the end consumer. It's bundled into the price the customer pays for what they see, but they themselves don't know or care about the former.
> there's still plenty of software you can go out to the shop and buy
... is there? I haven't bought software in a shop in 20 years at least. Outside of games, I don't really buy software digitally, even. It's either FOSS or it's a subscription.
From the top of my head, the easiest examples are games. Where I live at least, there are still physical stores in most malls with loads of disc-based games for sale. But also, for instance, I can go into my local computer store and pick up a boxed copy of Windows, so yes physical software sales is definitely still a thing. I personally haven't done it for a long time, but I know it exists.
But anyway, the method of software delivery is tangential to the main point. Plenty of software exists that runs locally, regardless of how is paid for - whether subscription or one-off purchases, if it runs on your computer it relies on copyright law to protect the revenue stream for the developers. Without copyright laws, if one physical sale could be freely copied with impunity, sales would be vastly diminished to the point that many developers would just not bother and find a different industry to work in to earn a salary.
yeah I wouldn't be able to put food on the table if my employer didn't have exclusive license to the glue we use to stick together all that open source code we rely on. Which we now generate exclusively using AI, products of which are of unclear copyright status.
Modern IP law inhibits productivity more than it helps, imo. LLMs have fundamentally changed our line of work, and they have done so by completely ignoring the existing legal framework for IP. We should not defend the current implementation just because some people might suffer reduced earning potential.
Copyright was not designed to maximize productivity. It was designed to maximize creativity and inventiveness (or, as stated in the US Constitution, the progress of science and the useful arts).
Unfortunately that will happen irrespective of the law.
If you want permissive rules then corporations will just resell your IP (like we see with SaaS). And if you want tighter rules then you just create a higher barrier for entry that benefits corporations rather than independent entities.
Either way, it’s easier to operate when you already have a leading position.
Then just outlaw big corps. Put a hard cap on company size or capital, possibly on a per-domain basis. Or just put what has to be big infrastructure under direct state control. Worked wonders in practice in France.
Oh, and also put a hard cap on individual wealth while we're at it. No one, no matter how hard working, deserves a billion dollars. And no one should be trusted with that much power, it's too goddamn dangerous.
(The caps should be indexed to stuff like median income or wealth. Wanna get richer? There's a way: help everyone get richer. That way we're actually in this together.)
Linux is a marvel of the world and a large amount of its contributions have been made by people being paid to do so for commercial purposes - and I am not sure that would be true without the GPL. Is there a convincing argument there?
And outside open source there has been a staggering amount of creative work at all quality levels done for commercial purposes under the protection of copyright. Is there a convincing argument that the last century of software and music and books and etc would have been just as staggering without copyright?
I would love to hear such an argument. In my youth I thought copyright was blatantly stupid and should be abolished. I still sorta think that but I don't have a convincing argument in the face of the absolutely massive amount of good work that has been produced under it.
> Is there a convincing argument that the last century of software and music and books and etc would have been just as staggering without copyright?
> I would love to hear such an argument.
Fortunately, one of the many tentacles of the octopus most obviously at the forefront of the zeitgeist of the freedom that arises from a culture of free information - The Grateful Dead - had the outcome of producing - in the form of gripping autobiography - an extremely compelling, and seemingly utterly true and beautiful and good, instrument to fulfill your request:
Nonsense. Thousands of new TV shows, songs, and apps that come out every year and put food on the table for hundreds of thousands, if not millions, of people that help produce them.
Yes, some people and companies benefit disproportionately, but those tend to be the ones who finance the process and bear the risk of loss due to failures and flops.
I’ve written software all my life, copyright has never been relevant to my earnings at all, trade secrets have been to some extent.
Frankly copyright was meant to enable more sharing and benefiting the public domain, instead it’s become a cancer…
I'm guessing you didn't click my profile before writing this knee-jerk, but I'm a professional musician. And I've worked in software engineering, across a zillion different licenses, for many years.
I'm a trained attorney who specialized in intellectual property law, and I happen to know a little about both the performing arts and software industries. It does serve people and power entire industries.
You wrote "copyright is serving exactly nobody today." If that's not what you meant, choose your words more carefully next time. This is a forum of writing, and, much like songwriting, the right words and nuance matter.
> I'm a trained attorney who specialized in intellectual property law, and I happen to know a little about both the performing arts and software industries.
To be frank, it sounds like you are part of the problem, and that your income may partly be derived from rent-seeking via the intellectual property regime. Is that correct?
> You wrote "copyright is serving exactly nobody today." If that's not what you meant, choose your words more carefully next time.
Well, I suppose it depends what sorts of engagement we can understand as "serving". By "serving", I do not mean merely enriching. Of course we all recognize that there are massive industries which are enriched by this system; where we may disagree is whether any actual services in rendered to the folks doing the writing and recording and touring in exchange for that enrichment.
At present, I think it's perfectly reasonable to observe that _musicians_ are not _served_ by this configuration. To the contrary, it has spawned a complicated system of publication, with many musicians facing the subpar customer service experience of services like distrokid and cdbaby facilitating distribution to services like spotify and apple music, while the RIAA and MPAA employ legal threats and harassment to the more musician-friendly DRM-free and direct-to-consumer counterparts.
I think it's also fair to say that, since the beginning of music, no musician ever has wanted a system whose function is to call the cops of their fans. And ultimately, that's what copyright is - it lets me send the cops in to fuck with fans who... try to share my music with their friends? It's awful from first principles, even if the implementation weren't as rotten as it is.
You said, "Except for nearly everyone who writes anything (including software) or other artistic pursuits to make a living" in response to this statement. So I think you have no leg to stand on in terms of demanding disambiguity; your statement is flatly and demonstrably false. Every musician I know (including, I'll bet, musicians you listen to) - and I'll bet, every one that you know too - has seething daily contempt for lawyers who make these asinine claims.
> To be frank, it sounds like you are part of the problem, and that your income may partly be derived from rent-seeking via the intellectual property regime. Is that correct?
That is not correct. My current role is a technical one, not a legal one.
> where we may disagree is whether any actual services in rendered to the folks doing the writing and recording and touring in exchange for that enrichment.
Besides studio time, connections to expert studio musicians, producers, engineers, advances and royalties? You may think the amount of support is insufficient, but that's different from claiming it's zero.
> no musician ever has wanted a system whose function is to call the cops of their fans
Have you ever heard of Metallica, Dr. Dre, or Slipknot? (https://en.wikipedia.org/wiki/Metallica_v._Napster,_Inc.) While they didn't call the cops on their fans, they fought hard against businesses who facilitated mass copyright infringement and made it known they were vehemently against piracy. They took a lot of heat for it from entitled children, but the vast majority of fellow artists quietly supported them.
> Every musician I know (including, I'll bet, musicians you listen to) - and I'll bet, every one that you know too - has seething daily contempt for lawyers who make these asinine claims.
Of course they do, but they sure as shit aren't giving up their advances and royalty checks that feed themselves and their families.
I would humbly suggest you spend some time among professionals in Hollywood (music, movies, and TV). You'll learn a lot. There are entire neighborhoods--not just posh ones in the hills--of people who earn their daily bread in the industry. I know; I grew up among them. Middle class, salt-of-the-earth folks.
> That is not correct. My current role is a technical one, not a legal one.
Well then I apologize for my presumption.
> Besides studio time, connections to expert studio musicians, producers, engineers, advances and royalties?
The first four of these have nothing to do with IP schemes and are widely available to those of us who grind not only our music but our social connections. I publish all of my music as CC0 or CC-BY-SA (and of course all DRM-free, as is nearly all bluegrass now), and I think my studio records and collaborations show quite clearly that I have not suffered from lack of access to top talent. If anything, the notoriety of my IP activism and development of p2p tools seems to have made me _more_ interesting to most of my favorite bluegrassers; I'm not sure I'd have been able to make either of my studio records without the good will that has come from this.
Royalties are obviously a complex topic with a strange history, but I see no reason to lose confidence that we can engineer a system by which funds flow form fans to musicians in a way that is at least as just (and is more direct) than royalties.
Advances are obviously an issue, I grant that. And it's not just the check getting cut, but the negotiating power from the label side to do the tour launch, get on the studio and mastering calendars, push to playlisters and radio stations, etc. - a lot of these activities are (in my opinion, cringely) crosswired with the systems of contracts and advances.
I have almost no familiarity with the motion picture industry, and only a passing connection to soundtrack musicians.
But I have repeatedly been shocked to find that even when one of my friends writes a big hit, they receive what seems to be a joke in terms of financial compensation.
Yes, of course Metallica made that fuss. But they didn't outwardly say, "we want our fans arrested" - they dressed up their complaint as a qualm toward an industry too tolerant to the presence of p2p file sharing (what today we might even call freedom of general purpose computing).
In other words, they kept the quiet part quiet. And in any case, if that's the closest thing we can picture to a band wanting to call the cops on their fans, I feel reasonably secure in my assessment.
Much of your comment seems designed to question why I want to take money out of the pockets of these entire neighborhoods of salt-of-the-earth folks. I don't. My contention - the obvious observation I believe - is that the framework of casting their work as intellectual property has impoverished rather than enriching them, and that a better way is coming.
If you stand on the east bank of the Cumberland and look west, I hope you notice that nearly all of the glitzy logos atop the high-rises are financial firms - Third Fifth, Wells Fargo - I can't immediately remember the rest. Obviously the batman building notwithstanding. :-)
The intensity of financial firms in and around downtown Nashville is a testament to how many billions have been diverted from their fan-=>artist path and have instead made their way into the pockets not only of studio execs, but their underwriters and insurers.
Since the internet seems wont to route around IP laws anyway, I feel strongly that we live at a moment of opportunity to right this wrong.
> the framework of casting their work as intellectual property has impoverished rather than enriching them
Some hit artists might disagree with you.
Besides, the ones who flopped don’t owe the rightsholders money from their own pockets. It’s not a “heads I win, tails you lose” situation for the artists. In some ways an advance is a better deal than a typical business loan. In fact, a business loan is a pretty good approximation of a typical early record deal. The challenge is that it’s often difficult to get artists to understand that.
> The intensity of financial firms in and around downtown Nashville is a testament to how many billions have been diverted from their fan-=>artist path and have instead made their way into the pockets not only of studio execs, but their underwriters and insurers.
Well, yeah. For every hit artist there are thousands of flops. Someone has to bear the risk of developing the artists, building repertoires, fronting the money to make first records, and marketing. It’s an axiom of capitalism that the party that takes the biggest financial risk gets the biggest share of the rewards.
I think what you’re really saying is that you think artists deserve a bigger share of the profits. That’s a fair position to hold, but it’s a rather differ one from the statements I was previously responding to.
You're advocating for the end of software licensing? Ie the removal of GPL or Open Source licenses? A landscape where any source code (or binary) can be snapped up by say Amazon or Microsoft and run via a paid subscription?
You're advocating for a business model which removes your access to local code and only allows access via a terminal or browser?
Because removal of copyright doesn't mean corporations go away. Rather it incentivizes business models that protect their products in other ways.
In the 80's and 90's, pre-internet, binary programs were distributed on media. An arms race of copiers and copy protection ensued. The copiers won, and since copyright enforcement has always been weak, business changed to favoring remote access (with subscription) over running locally via purchase.
At the same time Open Source and Free Software have thrived. Copyright protects that software being used outside the terms of the license. Indeed there's even outrage when it's used within the terms of the license (by AWS etc.)
Of course OSS still thrives under a copyrightless environment. (Free Software less so). But equally it means AI can simply be trained on it (probably no great loss since it's likely most of OSS will be AI generated anyway.)
Business however will adapt. And the easiest way to prevent coping now is simply remote execution. With a suitable Terms Of Use declaration.
Outside of software it would destroy music, movies, books etc. Basically it becomes a race to the bottom in terms of production costs (think user-generated You-Tube as the high-water mark.) But I assume you meant in the context of software.
Yes, I agree, that in much less than 1000 years copyright is dead. Because by then so much is in the public domain it doesn't matter anyway. Also because by then the last human programmer is long dead. AI will write anything you want, only you won't even ask because computer interfaces and abilities will be long past where we are now. You would have no need to create software any more than you need to build a plane or car today.
And those industries have taken less than 150 years to invent, explode, consolidate and commoditize. Indeed most of the complexity disappears when we go EV.
In 1000 years copyright is gone. But today it serves a lot of people.
> It'd be great for this to be the first major relinquishment of nation-state power
Intellectual property serves corporate interests and the idea of "nations" you are forced to have in your head are the exclusive servants the interests of capital. Ironically, tragically, that's what's holding us back from dismantling it in the first place, even a critic of it can't articulate it properly.
Sorry that will be undecipherable for HN. Let me try again: The defense you get in this pigstall is the individual that copyright is protecting. You just hate the small businesses and individual artists. Instead of the trillion dollar industry holding the copyrights and the practice of exploiting copyright on works by authors who died decades ago. The commodification of copyright of something produced by the lowest bidder, crappiest AI and cheapest third world labor you can get your literal bloody hands on. Or even a vaccine against the literal plague or cure for cancer protected by intellectual property.
To make something immaterial with no cost to reproduce, a commodity, to trade and invest and speculate in is the part to argue if you want to dismantle it, identify the rotten bits of the system even peasants can smell. If you are a billionaire or even trillionaire then just argue like everybody on HN always does, because it's identical.
German courts think the internet revolves around German laws. There are some really insane cases, sometimes they will consider a website to fall under German jurisdiction simply for having a German-language version (somehow ignoring that Austria and Switzerland exist, ignoring German-speaking minorities in other countries, ignoring that a fully automated translation in 100+ languages is now possible at the click of a button).
German federal LE agencies have been doing it for years. Threatening to put you on lists of wanted and sanctioned individuals as a basically islamic suicide bomber for not taking down tiny things globally.
That kind of thing isn't unheard of for police agencies with moral and oversight issues, though. Orgs start seeking for bigger reasons. A simple copyright issue creatively expounded into an imaginary global drug bombing cyber trafficking crime ring takedown creates a massive internal win. So they do that.
In related news, the Spanish soccer league LaLiga successfully won an injunction against Cloudflare so that during Spanish soccer matches ISPs have to prevent access for their users to the entire Cloudflare CDN network.
The reason is that the CDN network is/was being used to illegally stream games so access to the entire CDN network is closed.
There's some irony in Germany using censorship for the purpose of ensuring people don't get into reading materials that might convince them to become... fascists who censor people
There is no irony. The German government is proto-fascist, and has been for a while, as are several other European governments. Apparently the UK now arrests more people per capita for online speech than China does.
> Germany has its problems, but it's consistently in the top 15 most democratic nations in the world.
According to what? Some think tank’s “democracy index”, carefully constructed to preserve the illusion that Western countries are free and democratic? That’s begging the question.
For Hitler? He won the most seats of all the parties in the Reichstag in 1932 with 37 or so percent of the vote. That majority would normally have gotten him appointed as Chancellor (by tradition).
He used violence and backroom dealing to get from that majority to become Führer, but without a doubt Hitler did get his foot into the door democratically.
Mentioning evil Soros is like a 100% reliable political crackpot indicator, even though this here is a quite original take. He is usually an evil Jewish globalist, i.e. a nefarious leftist.
I think he seriously pissed off the right people in Russia who are now throwing whatever shit they can think of at the wall, and some of it sticks. They do not try to be consistent at all, anything that will convince someone is fine.
I’m American — I just view politics through form rather than propaganda. Eg, the concept of “left vs right” arises from USSR propaganda distancing themselves from fascists, who believed in similar practices.
You should also respond to the substance of what I said, rather than engage in ad hominems.
[1] https://quad9.net/news/blog/italian-blocking-demands-followi...