Copyright Protection
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I understand where you're going with this, but copyright and patent are completely different things entirely. As developers we all know how screwed up the current patent process is. The DMCA has given us a tool as software developers who actually sell our own software and we've used it to stop piracy in the past. In one case a person hacked into an email account at a computer networking company, used a stolen credit card number from a nice older couple in another state to purchase a license for our software, then published that license key on several warez sites. In that case there was three robberies: Our license key, the older couples credit card and the networking companies email account and bandwidth. We sucessfully shut down three warez sites by sending DMCA notices to their ISP's. That's a whole world away from the whole mess that is currently patent law. It must be said that despite the mess that has become the patent system, there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves. The problem with patents is they are increasingly being used as a weapon in the war of business rather than their original intended purpose.
John Cardinal wrote:
there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves
Absolutely not! If they want protection from patents, they should also come up with a work, product or something like that. You asked why someone would want to write books if the idea cannot be patented, well, why would/should someone read hundreds of thousands of pages of patented ideas before one can even begin to come up with an idea ? IMHO that would be a reason to not be productive and just mass patent ideas -not that someone would see money for their ideas. I don't want to be sued for having an idea that someone else has patented. Patents only protect those with the fat purses and not necessarily the inventors. And I doubt that a lot of research is to be done/paid for to come up with an idea. And even if it would be the case, imagine that: You have the ultimate-super-duper-mega idea. Someone else has come up with the same idea and if this guy/corp. has more money, you won't be able to get the patent. And if it was worse the other party could have even robbed your idea and would still be the legitimate holder of the patent.
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danmorin wrote:
Am I a criminal?
Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse. Are you at risk for litigation? Probably not until you are so sucessful that someone takes notice and have enough revenue to make it worthwhile for them to sue or are directly competing with someone who holds the patent for their own product. None of the work that we do involves anything remotely patentable, straight up business software, nothing technically challenging about it that involves inventing any new way of doing anything. I would say that you are employing a head in the sand approach though which is risky at best. We learned that the hard way with trademarks many years ago in our business. Personally for my line of work I find it faster and better to buy a solution from another company as in 3rd party libraries etc. But the main focus of my work is not to invent new algorithms, but better implemented software than the other guys. I'm glad I'm not in a line of work that involves patents. One of my biggest fears as well is being sued by some large corporation, but being registered outside of the U.S. is little protection against that. We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done. That was good enough for them and it never came to more than that, but it taught us a valuable lesson about how ignorance can be very costly. We have since spent a great deal of money on lawyers, trademark registration, airtight and legal license documents etc to ensure that we have our bases covered and I feel much better for having done that even though it was a painful process at the time, but there are no guaratees just the same.
John Cardinal wrote:
danmorin wrote: Am I a criminal? Well technically, yes you might be.
Why ? The USA is not the whole world, only a part of it. There are countries where software can only be patented under special circumstances or not at all and if he doesn't sell his work in contries where such a patent applies I don't see how he can infringe on a patent. And if someone requires a life to come up with something, he/she/it can hardly earn the fruits of his work. Another issue for this would be that a patents only last a few years and not a whole life.
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But in the case of the U.S. for example do you really think it's the cost? I doubt it very much. Pious people stand up here and say "I don't buy cd's any more because they are too expensive" well that may be, but the vast majority of the U.S. consumer market for music is not represented by the demographic here, it's represented by U.S. teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history. I think it *is* in fact more about moral decay and ethics than price. Let's face it, stealing anything no matter the justifications you can come up with for it is still a moral and ethical problem.
John Cardinal wrote:
teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history
I fail to see how that increases the value of a product.
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John Cardinal wrote:
Clearly this is what is increasingly wrong with the world today: "I spent my 2 cents and so you should bow down to my mighty dollar, you merely made the product, I actually spent money on it"
No one is forcing you to sell what you make. If i want you to sell me your software for $20 with the understanding that i'm going to be running it on 8 machines and you don't think that's fair, you have every right to say "no deal". Why do you need more protection than i do? Why should Sony be able to demand my arrest if i remove their copy protection, but i'm left to suck it up if their copy protection breaks my computer, or leaves me unable to play the CD i purchased as expected? Sure, rant on about kids these days and their unrealistic expectations. You know good and well that it is not just the right, but the duty of a customer to demand fair terms for the goods and services they purchase, and in this regard music and software are no different than apples and automobiles.
Now taking suggestions for the next release of CPhog...
Shog9 wrote:
Why should Sony be able to demand my arrest if i remove their copy protection
They shouldn't unless you then go on to violate their copyright.
Shog9 wrote:
but i'm left to suck it up if their copy protection breaks my computer, or leaves me unable to play the CD i purchased as expected?
Well that's part of the license agreement, if it's not covered then you have every right to sue their asses. This isn't about that, it's about the ethical, moral and legal problems with violating anothers copyright. The rest of it is what it is case by case issue by issue, the fundamental underlying rule of law here is copyright ownership.
Shog9 wrote:
If i want you to sell me your software for $20 with the understanding that i'm going to be running it on 8 machines and you don't think that's fair, you have every right to say "no deal".
Sure, who can argue with that, but what if I sold you a license to run it on one computer and you run it on 8?
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John Cardinal wrote:
teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history
I fail to see how that increases the value of a product.
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John Cardinal wrote:
Who is going to bother to write any new books
...and not necessarily only books. Maybe because money is not the only motivation. Maybe it is done for -enjoyment, pleasure -pasttime -dispersion -necessity
People can do that now, but how are authors to make a living doing it if they have no copyright protection? Seriously some of the arguments here I'm seeing are pretty pie in the sky and childish. People have every right to make a living doing whatever they do within the bounds of the law. The only protection people have that allows them to make a living writing books (for example) is copyright law. A lot of people here seem to think that's a silly antiquated notion, clearly those people are not making a living writing software and selling it.
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John Cardinal wrote:
danmorin wrote: Am I a criminal? Well technically, yes you might be.
Why ? The USA is not the whole world, only a part of it. There are countries where software can only be patented under special circumstances or not at all and if he doesn't sell his work in contries where such a patent applies I don't see how he can infringe on a patent. And if someone requires a life to come up with something, he/she/it can hardly earn the fruits of his work. Another issue for this would be that a patents only last a few years and not a whole life.
Joerg Wiedenmann wrote:
Why ? The USA is not the whole world, only a part of it.
Really? Geez, here in Canada we didn't know that, thanks for clearing that up for us, I'll pass it on.
Joerg Wiedenmann wrote:
There are countries where software can only be patented under special circumstances or not at all and if he doesn't sell his work in contries where such a patent applies I don't see how he can infringe on a patent.
Well you're right, but try selling licenses in those countries and see how well that goes for you.
Joerg Wiedenmann wrote:
And if someone requires a life to come up with something, he/she/it can hardly earn the fruits of his work.
Maybe they want to pass that on to their children, it's what they worked their whole life to achieve and they want to see their children get wealthy implementing it in a product or service, oh, but wait, no they should have all their rights to their ideas stripped from them. That's the most cancerous idea I've heard in a long time, congratulations "comrade".
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John Cardinal wrote:
there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves
Absolutely not! If they want protection from patents, they should also come up with a work, product or something like that. You asked why someone would want to write books if the idea cannot be patented, well, why would/should someone read hundreds of thousands of pages of patented ideas before one can even begin to come up with an idea ? IMHO that would be a reason to not be productive and just mass patent ideas -not that someone would see money for their ideas. I don't want to be sued for having an idea that someone else has patented. Patents only protect those with the fat purses and not necessarily the inventors. And I doubt that a lot of research is to be done/paid for to come up with an idea. And even if it would be the case, imagine that: You have the ultimate-super-duper-mega idea. Someone else has come up with the same idea and if this guy/corp. has more money, you won't be able to get the patent. And if it was worse the other party could have even robbed your idea and would still be the legitimate holder of the patent.
Joerg Wiedenmann wrote:
Absolutely not! If they want protection from patents, they should also come up with a work, product or something like that.
You honestly think that a person who devotes their life to coming up with original and useful ideas should get no protection for their work? I'm glad I don't live in your world. In this world the work of people is valued and they have rights to protect that work and do with it as they see fit. Come up with a really good original idea that's worth millions then get back to me on this one!
Joerg Wiedenmann wrote:
You asked why someone would want to write books if the idea cannot be patented, well, why would/should someone read hundreds of thousands of pages of patented ideas before one can even begin to come up with an idea ?
So they don't get a lawsuit slapped in their ass of course. What kind of lazy ass argument is this? "Oh I can't come up with any ideas because it's too haaard to search through all those tens or even dozens of documents related to my idea at the patent office". That's just absurd.
Joerg Wiedenmann wrote:
You asked why someone would want to write books if the idea cannot be patented, well, why would/should
Ok, you are completely off the mark about what we're talking about, you're the second person who clearly doesn't understand the difference between a patent and a copyright, we're discussing two different things here, that's why they have different names. Look it up.
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danmorin wrote: Am I a criminal?
John Cardinal wrote:
Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse.
If someone spent his life producing something that took me a few weeks of work, then he is an idiot. I know I am not a criminal, and I never stole anything from anyone. Was the purpose of patents for protecting the inventor? I am the inventor of my own code, since I created it myself without copying from anyone else. I should have the right to enjoy the fruit of my labor without being harrassed by a greedy idiot. On the other hand, someone extorting money from inventors by claiming he is the owner of an idea because he "first" paid politicians (the government) for his right to legal plunder is not ethical.
John Cardinal wrote:
We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done.
A trademark is a different issue, as it involves the identity of the product. If I pretend my product was built by Microsoft, then I am defrauding the customers purchasing the product as well as abusing the identity of another entity (Microsoft). A trademark infringement is somewhat similar to identity theft, and there must be provisions within the law to protect one's identity.
danmorin wrote:
A trademark is a different issue, as it involves the identity of the product.
No kidding, I used it as an example to illustrate the foolishness of using the head in the sand approach to any legal implication that might affect a person or business. Regardless of your beliefs you are operating within a system of laws and disagreeing with those laws isn't going to keep you out of jail or prevent you from losing all your worldly posessions in a costly lawsuit.
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If you want an informed opinion about IP visit http://lessig.org/ and read some of Lawrence Lessig's books / watch this presentation: http://www.lessig.org/freeculture/ Most people that say, "I don't want my work stolen" have no idea what that means or how to better market themselves - installing / maintaining / servicing open source software packages will be the future for most smoes. If you write a wonderful little tool that nobody else has, then you'll be known in the community and your "prestige" will improve - fame and fortune will follow. That is for 95% of all software (OS / email / web browsers should all be free). There is always going to be niche markets - for instance, Corporate Tax Software because there's too much domain knowledge and frankly nobody is doing that for free, cause it sucks. On the bigger, movie / song side of things - the CP laws DO NOT protect the artist - they protect the publisher. I know several producers of film / commercials who's stance is basically, they get paid to produce a video and could give a crap about what happens to it once it has been delivered. If you are an artist, make your songs available to everyone, upload your mp3's for free to everyone - because when you come to town to play a gig, you'll pack the venue and that's where you'll make your money. Artists only receive penny's on the sale of CDs. If you are a hollywood producer of movies, with a 100 million dollar budget, you don't care what happens to your Mission Impossible III movie after it has been PRODUCED. You are doing what you love to do. It is the publisher (who backed the movie with 100 million dollars and want to see big moneys on their investment) who needs to protect that investment, and I understand that. But, after 7 years it is public domain and anyone can do anything they want with it. This is how we grow, how we invent, and what the USA originally stood for. If you don't get this, then you are a publisher - a leech on society - and the only reason you exist is because of other people's talents. Brian
Lawrence Lessig? Come on, he's a fringe freak and always has been on these issues. The only people taking him seriously are the slash dotties of the world and wired magazine. If you want to know about IP, consult a lawyer.
BrianJElliott wrote:
If you don't get this, then you are a publisher - a leech on society - and the only reason you exist is because of other people's talents.
Oh man, I can see I should just exit this discussion now, there are too many people with no real idea of how business or the world works to bother. Why do you think people take their work to a publisher, because someone holds a gun to their head? No, it's because they are contracting with the publisher to take care of a hell of a lot of work that they do not want to do on their own because they are artists and want to make a living doing their art. We run a software company, we create the software, we market the software and we sell the software, guess where 90% of the work is? (hint, it's not actually writing the software) Ok, that's it, I'm officially out of this discussion it's getting way too absurd with these mindless ill-informed opinions that are just pissing me off for no good reason when I have real work to do.
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danmorin wrote:
A trademark is a different issue, as it involves the identity of the product.
No kidding, I used it as an example to illustrate the foolishness of using the head in the sand approach to any legal implication that might affect a person or business. Regardless of your beliefs you are operating within a system of laws and disagreeing with those laws isn't going to keep you out of jail or prevent you from losing all your worldly posessions in a costly lawsuit.
Oh well, some individuals have no respect for individual liberty. They love tyranny and legal plunder... as long as they can benefit from it. By the way, I don't have my head in the sand. I know the law, as well as the meaning and reach of a jurisdiction.
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Oh well, some individuals have no respect for individual liberty. They love tyranny and legal plunder... as long as they can benefit from it. By the way, I don't have my head in the sand. I know the law, as well as the meaning and reach of a jurisdiction.
I like a system of laws because it protects me, what we are doing is hardly plunder and we benefit just adequately from it. If you want to operate outside the law at least be prepared for the consequences and don't ever sell any product in the United States.
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I like a system of laws because it protects me, what we are doing is hardly plunder and we benefit just adequately from it. If you want to operate outside the law at least be prepared for the consequences and don't ever sell any product in the United States.
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I am not against laws at all. The law should be there to prevent injustice. The law should not be a tool for [legal] plunder.
But that's the whole point I've been trying to make all these posts. :) The majority of the people / corporations who are using those laws are not plundering anything, just because a few very public cases show plunder doesn't mean that the majority of people using the system are doing the same. The copyright laws and systems in place are still completely valid in this day and age. The big entertainment industry stuff is just a sideline really to the the actual laws and systems. The patent laws and systems are clearly in need of a refreshement, particularly the systems that allow patents on things that are so commonplace and simple that there really is no thought involved in "inventing" them in the first place. This is the area of greatest need for reform. The trademark laws and systems are in place and working just fine.
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Lawrence Lessig? Come on, he's a fringe freak and always has been on these issues. The only people taking him seriously are the slash dotties of the world and wired magazine. If you want to know about IP, consult a lawyer.
BrianJElliott wrote:
If you don't get this, then you are a publisher - a leech on society - and the only reason you exist is because of other people's talents.
Oh man, I can see I should just exit this discussion now, there are too many people with no real idea of how business or the world works to bother. Why do you think people take their work to a publisher, because someone holds a gun to their head? No, it's because they are contracting with the publisher to take care of a hell of a lot of work that they do not want to do on their own because they are artists and want to make a living doing their art. We run a software company, we create the software, we market the software and we sell the software, guess where 90% of the work is? (hint, it's not actually writing the software) Ok, that's it, I'm officially out of this discussion it's getting way too absurd with these mindless ill-informed opinions that are just pissing me off for no good reason when I have real work to do.
John Cardinal wrote:
If you want to know about IP, consult a lawyer.
Lawrence Lessig is a professor of law at Stanford and before that at Harvard. You, Mr. Cardinal, apparently are a manager of some sort, who I've never heard of - so I'll take Mr. Lessig's opinion over yours. Yes, selling & marketing software is hard work, so is making software - in most businesses it is a sybiotic relationship. I know and work with our salespeople - helping them with sales, presentations and implementations in addition to writing code and running projects. I ask for their help in writing stories of what features to write and how I can better the software to help them sell it. I can't do it all, so I obviously need help - and I'm not wired to sell - some people are really good at it and can't write code - so we work TOGETHER. Ok, I've read your other posts and mostly you say some good things. You are obviously a little peeved and have little tact when it comes to other peoples opinions (why are you on an opinion forum is beyond me). I have absolutely no problems with trademarks (except the idiots who try to trademark everyday words). I have problems with the current patent system because of squatters who say they come up with an idea and then wait for someone to actually implement it. I'm currently in the process of patenting one of the projects I pioneered because the company lawyers demand it - I personally don't think it is all that unique, but we employee a lot of lawyers and I do take them seriously (and btw - several of them had Lessig as a professor and think he's great). I work under Thompson corp who owns Westlaw (amoung many other co's). I do have problems with the current copyright laws because of the TIME change. It used to be 7 years - and that frankly was fine. At this point I can't copy Mickey Mouse even though he is as much a part of our culture as Mark Twain. If you think you should have rights to something for eternity, then please understand that all ideas come from something else and if nobody can ever grow an idea, we would not be here today. Give me an example of something that should be copyrighted for longer than 7 years and I'll honestly consider your opinions of why. Brian
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John Cardinal wrote:
If your house is robbed some time you will be surprised at how your attitude changes about these things.
There is a clear difference between robbing material and/or someone's work vs an "robbing an idea". For instance, if I invent a new knot and someone is using my knot, it does not hurt me at all, however if someone is stealing my computer(s), then I cannot do my work. People think ideas belongs to them, as if they were the first in the world to originate such idea. Next, they file for a patent hoping they will be granted a monopoly on that idea and make a ton of money without lifting a finger. Again, there is a big difference between an idea and some intellectual work. For instance, writing code is more than an idea; it is some actual work. If someone copies your CPP files and re-compiles the executable without your permission, he/she is stealing your work (intellectual property). On the other hand, if someone wants to make a new application from scratch (such as a new search engine, web browser, image/vidoe/music/CAD editor), there should not be any law and/or patent to prevent him/her from creating something innovative. On the other hand, if there is a patent on an idea (such as a web browser), then the small developer cannot afford to pay the fees to get started. The proposed "Copyright Protection" is sponsored by large corporations to reduce competition by stiffing out the small developer to compete against them. By having tons of patents and regulations, many of us risk of being sued by large corporations claiming they own such and such idea. The other solution would be for us to work as slaves for those large corporations :(. As a rule of thumb, what politicians do benefits them and their friends - the large corporations. -- modified at 12:55 Tuesday 25th April, 2006
danmorin wrote:
For instance, writing code is more than an idea; it is some actual work. If someone copies your CPP files and re-compiles the executable without your permission, he/she is stealing your work (intellectual property).
Copying an idea, a design, is no different to copying the bytes contained in a CPP file, or an MP3 file. I have been involved in ventures which harnessed ALL of my years of experience, everything I've learned, every lesson I had to go through, to come up with some NEW way of doing something, only for that idea to be copied by a company with more resources behind it, who can take it further, faster, bigger. And they didn't have to go through the years of learning and practise to get to the point I had to. So, is that fair?
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People can do that now, but how are authors to make a living doing it if they have no copyright protection? Seriously some of the arguments here I'm seeing are pretty pie in the sky and childish. People have every right to make a living doing whatever they do within the bounds of the law. The only protection people have that allows them to make a living writing books (for example) is copyright law. A lot of people here seem to think that's a silly antiquated notion, clearly those people are not making a living writing software and selling it.
John Cardinal wrote:
A lot of people here seem to think that's a silly antiquated notion, clearly those people are not making a living writing software and selling it.
I think that's the main divide here. I'm also in the camp where my living, my child's welfare, my healthcare, my bills, all stack up against whether I can make a living selling software that I design and implement. I did some studies for a product that has no copy protection mechanism, just a 'please pay for this'. And similar software that utilizes 'weak' copy protection (which can obviously be broken). The 'weak' copy protected software causes purchases to the order of x20 (compared to unprotected software). Relying on the world's good will, dear punters, is simply not a way to make a living today. What the Sony's want to do is have 'unbreakable' copy protection, maybe to the extent of policing-the-hell out of everything. I dunno. I'm not a Sony, so I don't know what's called for. I just know that you HAVE to protect your rights. Everyone out there, who ISN'T a provider/writer/artist, seems to have the mindset that they can do whatever the hell they like with your creation.
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It's not about the value of the product it's about the fact that people say "it's too expensive so it's fair for me to just download it for free" when we all know it is *not* in fact too expensive for that market.
John Cardinal wrote:
It's not about the value of the product it's about the fact that people say "it's too expensive so it's fair for me to just download it for free" when we all know it is *not* in fact too expensive for that market.
I agree here. It's always the rich who say they can't afford something. The difference with current times is that it's just too-damn-easy to copy/steal music/movies, etc. And most people who do it like to justify their actions however they can. It was a LOT harder to copy a book 30 years ago (with a photocopier), which is probably why book culture has lasted as long as it has. Juts stand back and see what happens to current music-culture without it being protected. Wake up sometime, say in tens years time, and remember how there used to be REALLY GOOD music once.
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People can do that now, but how are authors to make a living doing it if they have no copyright protection? Seriously some of the arguments here I'm seeing are pretty pie in the sky and childish. People have every right to make a living doing whatever they do within the bounds of the law. The only protection people have that allows them to make a living writing books (for example) is copyright law. A lot of people here seem to think that's a silly antiquated notion, clearly those people are not making a living writing software and selling it.
Hmm, looks like what I said can be understood as if I don't want copyright protection - I sure do. Maybe I should have phrased it differently.
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John Cardinal wrote:
It's not about the value of the product it's about the fact that people say "it's too expensive so it's fair for me to just download it for free" when we all know it is *not* in fact too expensive for that market.
I agree here. It's always the rich who say they can't afford something. The difference with current times is that it's just too-damn-easy to copy/steal music/movies, etc. And most people who do it like to justify their actions however they can. It was a LOT harder to copy a book 30 years ago (with a photocopier), which is probably why book culture has lasted as long as it has. Juts stand back and see what happens to current music-culture without it being protected. Wake up sometime, say in tens years time, and remember how there used to be REALLY GOOD music once.
gpsmobiler wrote:
It was a LOT harder to copy a book 30 years ago (with a photocopier), which is probably why book culture has lasted as long as it has.
or they could have just lend it to someone else.
gpsmobiler wrote:
Wake up sometime, say in tens years time, and remember how there used to be REALLY GOOD music once.
I already do and therefore only listen to free web-radio. But that's a matter of taste.