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Postby Laurentius » Sat Oct 15, 2005 11:23

I always assumed that one reason for the strict "no commercial use" policy was the same as not delivering DVD to the States - fear of lawsuits by Paramount and AOLTimeWarner.
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Postby Max Fun » Sat Oct 15, 2005 23:52

I recognise we have got pretty far away from the topic... I feel I should answer Laurentius' comment still, however. Perhaps the mods could kindly split this second discussion to a separate thread instead of just telling us to shut up, unless they feel comfortable with it here. *feels a boot closing already* :roll:

Laurentius wrote:I always assumed that one reason for the strict "no commercial use" policy was the same as not delivering DVD to the States - fear of lawsuits by Paramount and AOLTimeWarner.


Well, if the movie itself won't be for sale but only some accessories or services related to it and ONLY it, I wonder how anyone could restrict that. Especially when they aren't selling things as "Star Trek" products but as "Star Wreck" products making a clear-cut difference. Say, selling a T-shirt featuring Pirk and Sherrypie is clearly a different product from any Star Trek T-shirt. (Have you ever seen an emperor called Pirk and dressed like him in Star Trek, huh?) And so certainly is a permission to show the Star Wreck movie on a screen - instead of showing another movie called Star Trek! However, selling spaceship models too closely resembling those original ones in Star Trek, for instance, would likely be a violation of copyrights. (I'm not fully aware of what their copyright exactly does cover.)

If I were the one desiding, I would most certainly consider it wise to contact those related companies ASAP and try to negotiate a friendly deal with them. I'm sure they would listen, if one chooses words well, as there certainly is a lot at stake for them and Star Wreck team can obviously offer them a good deal in which both can win. After a clear deal with them all problems concerning possible problems with copyrights would be over.
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Postby Jarmo Puskala » Sun Oct 16, 2005 00:22

Well, if somebody else was trying to make a load of money with this movie it would make us look bad and piss off people who've worked for free and for us. So what would we, or people in general, benefit from allowing commerical use?
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Postby Max Fun » Sun Oct 16, 2005 05:58

Jarmo Puskala wrote:Well, if somebody else was trying to make a load of money with this movie it would make us look bad and piss off people who've worked for free and for us. So what would we, or people in general, benefit from allowing commerical use?


Hmm... I guess I better explain a bit more in detail then. Starting with some theory... (I'm an economist, so this happens to be my expertise, and it may become a bit lengthy... Sorry for that, but I do try my best... :P )

There are actually two separate problems here, and they should be handled separately. First, in which ways the movie and its accessories will create the most overall benefit altogether? And second, how shall that benefit be distributed (between the different people, public and companies involved)?

Now, the first part of the solution is in principle easy, although it may sound harsh to your ear at first. Just be patient and read it all first.

1. The more desired stuff available to the public the better. Basically, if people want to pay for it and it is profitable, it's good. (Obviously, if people don't want to pay for any profit, there's no point producing!)

So, maximising profit has a clear rationale as a measure of how much people do appreciate the products sold. Of course, subsidising the supportive poor fans by setting prices low to an extent is a part of "giving them their share of the profit" (it's up to the producers how far they want to go in there, but this actually is already a part of the second problem). Omitting that - the more profit people are willing to pay the more overall benefit provided. You may think otherwise, but that's exactly what economics can tell for certain. It's just a matter of defining the profit correctly - and thereafter we come to the second problem of dividing the profit.

(NOTE 1: Often people - even economists - don't always quite recognise what "profitability" means in economics, as they are stuck with the common figures in book keeping. However, the profit in book keeping is only one 'juridic' money measure for corporate profit. It doesn't even quite measure what (the owners of) that company benefit of their business. (Just take some fans owning an ice-hockey or a football team, for example. They may lose money and put enormous amounts of time in it every year, and yet they love running the show!) Let alone the book keeping figures don't measure at all how much the consumers benefit of the product or service they pay for! The profit in economics actually means overall net profit (benefit, visible or not) - or that of a company's or an individual's - depending on the specific case being discussed each time!)

2. The second problem, division of the benefits of production (total profit), is difficult in many ways. And there's no absolute truth known to it.

Those who put work, time and money into production would certainly desire some back with interest in a form or another (simple joy is one form, pure cash just another). Not to mention those who possibly put their whole carreer at risk. And those fans (=consumers) certainly want to be left better off as well after deducing whatever they pay for price. Everyone wants their own share of the net benefits, but there's really no one "correct" rule known for making the deal. So, at the end it's all about making an agreement - and rarely everyone is satisfied.

(NOTE 2: If you add (1) the net benefit provided to the public (consumers' invisible "profit" after paying a price) and (2) that collected by the provider for itself (=corporate profit) and its (3) expenses (= partners, suppliers, workers, financers, taxes etc.; i.e. sub-providers), (1 + 2 + 3 =), the sum matches exactly the total - by definition! Increasing the total profit will also increase the profit of both the customers and the providers or at least one of them. Of course, there are most often many hands (the marketing channel most notably) taking their portion before the customers actually get provided, but they all sure need to get their ('fair') share as business partners as well. The producer seldom has all the necessary resources on himself!)

Furthermore, those, who didn't expect such a success when working for the film, may now appear demanding a share of the future gains as well - not just a share of the gains already gained.

The exact way you will divide the gains gained and those yet to be gained among those involved is a question you need to deside in any case. You just need to realise you cannot deside by yourself but only in agreement with all those others having a stake (anyone involved somehow, not just shareowners). And there are literally an infinite number of ways to choose from for such an agreement - starting from a direct buy-out (a bullet payment to everyone but those gaining ownership of the company (Energy), i.e. pretty much paying a one-time salary and kicking them out) to various share/divident/option systems and any other imaginable agreement. Such arrangements won't necessarily require any cash moving, if people are happy with else, but often cash actually does appear to be the easiest way. Quite often people do prefer a share or an option in the common future as workers or shareowners instead. As I said, there are practically no limits for such an agreement...

I understand you are especially concerned about the opinion of those many volunteers who never expected anything but the team to succeed and them and other fans to get some fun & stuff in return. In this case, they certainly got everything they could expect and even more as a free product already. Notice that they bore little economic risk or risk of losing their face in case of failure, and few of them sacrificed their time and effort anywhere near to the extent the core team did, so anything more than a great free movie or whatever you already want to offer them is an extra gift from the core team to them. That is, anything on top of that already produced and gained can well be considered as the lucky returns for the risk the core team took. And indeed, according to finance theories, those bearing the risk should also gain the profits.

So, making a fair decision about dividing the benefits is a very difficult and delicate one. But it's also a very important one - and you cannot avoid making it! You just cannot. In a way or another you need to deside what to produce (if anything), at what price to sell (if any), and who shall be the beneficiaries. And the only ones who can deside what is "fair" in this case are the core team members in agreement with all others around them.

Conclusion:
The worst case scenario is that there won't be any more beneficiaries. That's the case when nothing more will be produced. To create more benefit... That means producing more profitable products for sale - irrespective of whichever the way benefits might be divided in (zero price is just one way for choice!)! And the best case: people get more of what they want - as long as providing more is profitable! And the division of profits - that's completely up to those involved all together.


Oh, and what would Energy do with all that money? I'm not the one desiding. It's a business of those running this show and that company. IMHO the obvious best decision would be to make another such great movie. I bet every fan of yours will be expecting just that now. And this time you could afford what ever you need. (Perhaps another extra-cheddar hamburger for Samuli, eh? :twisted: )

EDIT: I better stress that my suggestion does by NO means necessarily mean there SHOULD be any fees whatsoever. I just point out there COULD be such, and they could even be all voluntary, if so desided.

(Disclaimer: I do realise the copyrights may pose serious problems. Those problems may possibly be resolved with a suitable agreement with the owner, however. I sure would make an offer for one, if I were in the core team.)
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Postby Jekku » Sun Oct 16, 2005 16:22

Bill Gates telling how Linus Torvalds should act to maximize his income. :lol:


Back to topic: What's the download situation now?
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Postby Max Fun » Sun Oct 16, 2005 22:33

Jekku wrote:Bill Gates telling how Linus Torvalds should act to maximize his income. :lol:


Actually I'm a big fan of Linus's and the open source ideology, and I pretty much hate Windows. I even run both my comps on Linux, except for running incompatible stuff.

Still, knowing the facts as an economist, I see no point in giving EVERYTHING away for free, because that only will hurt the future capabilities of the one creating stuff. That is, even if some people would get the stuff for free at first, they would be missing more in the further advancement due to lack of adequate funding. And indeed, the open source ideology does not exclude fees for accessories and services but rather takes those for granted. (They do realise people do need income, you know.)
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Postby Jarmo Puskala » Sun Oct 16, 2005 23:48

Max Fun wrote:Hmm... I guess I better explain a bit more in detail then. Starting with some theory... (I'm an economist, so this happens to be my expertise, and it may become a bit lengthy... Sorry for that, but I do try my best... :P )


Well, I guess you've misunderstood what the non-commerical means in our license. It means that Star Wreck can not be used for commerical purposes without permission from Energia. If somebody wants to do something that might be interpreted as commerical then those cases will be decided on case-by-case basis (like the example of holding a screening and charging for the tickets to pay for the rent).

And thus I thought you meant that wreck should be free to use for commercial purposes by anyone. That obiously wouldn't be too good of an idea...

Oh and actually, quite a few of us have training in economics and/or marketing. As suprising it might be :)
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Postby Max Fun » Mon Oct 17, 2005 00:37

Jarmo Puskala wrote:Well, I guess you've misunderstood what the non-commerical means in our license. It means that Star Wreck can not be used for commerical purposes without permission from Energia. If somebody wants to do something that might be interpreted as commerical then those cases will be decided on case-by-case basis (like the example of holding a screening and charging for the tickets to pay for the rent).


I don't think I misunderstood the license, but those to whom I initially replied did. What you just said is exactly what I've been trying to say. (With one notable exception, perhaps. Providing direct case-by-case permissions will likely appear unapplicable on a large scale, and therefore I would see it reasonable to use partners for that purpose.)

Jarmo Puskala wrote:And thus I thought you meant that wreck should be free to use for commercial purposes by anyone. That obiously wouldn't be too good of an idea...


Well, didn't I rather say that what already is free (non-commercial purposes) is free, and the rest can be agreed upon with you. I never told you should give even rights for commercial purposes for free.

Anyhow, I think we do agree on the principle at the end now. :) *shakes hands*
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Postby Jekku » Mon Oct 17, 2005 00:44

Jarmo Puskala wrote:Oh and actually, quite a few of us have training in economics and/or marketing. As suprising it might be :)

8O 8O


Well, OK, I can take it that you know the ways of the Enemy, I've even heard that you pack a lawyer in your ranks. :evil:


Lets abstract what is a non-commercial viewing of your splendid film:

Our bunch of guys (some of them girls, naturally) decide to entertain ourselves and a chap of our team invites all of us to his place where he has a splendid multimedia theatre with more than a dozen soft seats and all that stuff needed for a complete enjoyment of a DVD movie on a big screen.

Legal? You bet.


The same bunch of guys. We'd rent a place without any 'connections'. We'd just pay the market price for the rent of the whole cinema and enjoy ourselves when they show the picture we've provided for them. Pops and popcorn on the normal prices at a cinema.

Do they need a licence or not? I'd say yes.

What would you say?
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Postby Max Fun » Mon Oct 17, 2005 01:42

Now, that's the core of question as I see it, too. The point being: "When the purpose no more is non-commercial?" In that example the movie itself remains free, and those guys organising barely are collecting the expenses in both cases - except some from the pop-corn.

Again, I'm not the one to tell, but to me it would sound sensible to say: "it depends..."

If they collected fees barely for the rent and other expenses, I'd say it's non-commercial and should not require license irrespective of the number of spectators and size of the event. However, if they slip asking money even for the pop-corn in order to make profit, then they'd need a permission from Energy.

(Where are all those lawers hiding with their advise when you'd need them? :twisted: )
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Postby Saruwine » Mon Oct 17, 2005 01:53

Jekku wrote:We'd just pay the market price for the rent of the whole cinema and enjoy ourselves when they show the picture we've provided for them.

Do they need a licence or not? I'd say yes.

Humh? So this bunch of guys of yours rents a cinema and divides the cost among themselves? That's not commercial. They are not making a profit. No licence required, no problem.

You need to obtain some equipment to watch the movie anyway. You can rent a tv and a dvd player, or you can rent a cinema. The difference is in scale, not in principle.

What will require a permission form Energy, as far as I understand, is if you rent a cinema and sell tickets for the general public -- for a profit.
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Postby Jekku » Mon Oct 17, 2005 02:32

Saruwine wrote:
Jekku wrote:We'd just pay the market price for the rent of the whole cinema and enjoy ourselves when they show the picture we've provided for them.

Do they need a licence or not? I'd say yes.

Humh? So this bunch of guys of yours rents a cinema and divides the cost among themselves? That's not commercial. They are not making a profit. No licence required, no problem.

You need to obtain some equipment to watch the movie anyway. You can rent a tv and a dvd player, or you can rent a cinema. The difference is in scale, not in principle.

What will require a permission form Energy, as far as I understand, is if you rent a cinema and sell tickets for the general public -- for a profit.

True, this is the point about the commercialism of the CC product. You see, we as a bunch of guys can't be the violators of the law if we'd like to see the movie among ourselves. But as we have here an entrepeneur willing to show the flick for us with his gear for a profit the law will be compromised, no?

This is interesting, the guy will happily break the law without even knowing it. It would be legal if the theatre would charge only the absolute necessities of the showing, no profit allowed. And who would do that?
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Postby Saruwine » Mon Oct 17, 2005 02:46

Jekku wrote:But as we have here an entrepeneur willing to show the flick for us with his gear for a profit the law will be compromised, no?

Yes, the owner of the cinema will earn money if you rent the place -- just like Philips will make a profit if you buy a tv and a dvd player to watch your Wreck. That can't be a violation of the license.
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Postby Toweri » Mon Oct 17, 2005 02:47

Jekku wrote:It would be legal if the theatre would charge only the absolute necessities of the showing, no profit allowed. And who would do that?


Any theatre willing to support non-commercial, independent movie productions - like Star Wreck.

It could even be done for a "profit" - entirely legally: Imagine what kind of boost that cinema enjoys in its perceived status as a benevolent supporter of movie culture!
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Postby Jekku » Mon Oct 17, 2005 03:04

. . . and the thread topic goes somewhere there high in the sky . . . 8)

OK, I wasn't about to flame anybody, just to point out that even the at first easily comprehended CC licence is a bitch if one stops by and really starts to think about it.

Well, keep the twinkler banks heated and frequently greet your lawyer with a tasty snack of a dead rat, you may be in the need of the 'services' from it some day . . .
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