Slashdot Mirror


Pardon, Is This Your File?

Teknogeek writes "The BSA says piracy is thriving. At least, according to this article. Note one interesting statistic: '...the group found that 57 percent of respondents never or seldom pay for copyrighted works they download. And 12 percent admitted to pirating software.' How much do you want to bet that 45 percent gap is freeware and/or open source?" On a similar note, an Anonymous Coward writes: "MIT Technology Review reports on the process of scanning the entire internet for digital signatures matching copyrighted work (watermarking not required), and automatically emailing threats to the offenders and their ISPs."

41 of 442 comments (clear)

  1. Article Says: by flewp · · Score: 3, Insightful

    "What we found is a disturbing behavioral trend that violates copyright laws and costs billions of dollars and hundreds of thousands of jobs every year,"

    If they can't get it for free, what are the odds of them paying for it?

    --
    WWJD.... for a Klondike bar?
    1. Re:Article Says: by br0ck · · Score: 4, Insightful
      hundreds of thousands of jobs...
      So the BSA is claiming that 5-10% of the 3 million unemployed people in the US lost their jobs to piracy. Does anyone know what these numbers are based on? I guess all that success that the RIAA is having hasn't helped after all.
    2. Re:Article Says: by alan_d_post · · Score: 5, Interesting

      From the GNU site:

      Publishers often refer to prohibited copying as ``piracy.'' In this way, they imply that illegal copying is ethically equivalent to attacking ships on the high seas, kidnaping and murdering the people on them.

      If you don't believe that illegal copying is just like kidnaping and murder, you might prefer not to use the word ``piracy'' to describe it. Neutral terms such as ``prohibited copying'' or ``unauthorized copying'' are available for use instead. Some of us might even prefer to use a positive term such as ``sharing information with your neighbor.''

    3. Re:Article Says: by Roosey · · Score: 3, Informative

      I believe you're referring to the case Softman Products Company, LLC v. Adobe. The decision basically states that software bundled with another product can be unbundled and sold separately if you haven't used it at all.

      The ruling was made in November of last year, however - I'm not sure whether or not it's been appealed since then.

    4. Re:Article Says: by spectecjr · · Score: 3, Informative

      When you make a copyright violation, you are forfeiting someone copyright grant and that is a civil offense. Nobody except the grant receiver may prossecute you.

      Sorry, but that's not accurate as of 1992. You snooze, you lose. Copyright violation is and can be a federal felony offense. That is, a criminal offense.

      http://www.cybercrime.gov/CFAleghist.htm

      FEDERAL PROSECUTION OF
      VIOLATIONS OF INTELLECTUAL
      PROPERTY RIGHTS
      (COPYRIGHTS, TRADEMARKS AND TRADE SECRETS)
      VI. APPENDICES

      LEGISLATIVE HISTORY - COPYRIGHT FELONY ACT

      H.R. Rep. No. 997, 102ND Cong., 2ND Sess. 1992, 1992 U.S.C.C.A.N. 3569,
      P.L. 102-561, CRIMINAL PENALTIES FOR COPYRIGHT
      INFRINGEMENT
      DATES OF CONSIDERATION AND PASSAGE
      Senate: June 4, October 8, 1992
      House: October 3, 1992
      Senate Report (Judiciary Committee) No. 102-268,
      Apr. 7, 1992 (To accompany S. 893)
      House Report (Judiciary Committee) No. 102-997,
      Oct. 3, 1992 (To accompany S. 893)
      HOUSE REPORT NO. 102-997
      October 3, 1992
      [To accompany S. 893]

      The Committee on the Judiciary, to whom was referred the Act (S. 893) to amend title 18, United States Code, to impose criminal sanctions for violation of software copyright, having considered the same, report favorably thereon with amendments and recommend that the Act as amended do pass.
      The amendments are as follows:
      Strike out all after the enacting clause and insert in lieu thereof the following:

      SECTION 1. CRIMINAL PENALTIES FOR COPYRIGHT INFRINGEMENT.

      Section 2319(b) of title 18, United States Code, is amended to read as follows:

      "(b) Any person who commits an offense under subsection (a) of this section-

      "(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500;

      "(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and

      "(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.".

      --
      Coming soon - pyrogyra
  2. 57% by Telastyn · · Score: 3, Funny

    Only 57% of users save pr0n? disappointing...

  3. It might not all be open source by sean23007 · · Score: 3, Insightful

    Actually, at least some of that 45% might be attributed to people who get their stuff for free from the internet, but would not consider themselves pirates. A lot of people don't want to admit that they are a "pirate." Of course, I'm practically certain a large portion of that 45% is open source. I don't know the statistics, but I'd bet that's an improvement over a few years ago.

    --

    Lack of eloquence does not denote lack of intelligence, though they often coincide.
  4. the problem by oni · · Score: 5, Insightful

    MIT Technology Review reports on the process of scanning the entire internet for digital signatures matching copyrighted work (watermarking not required), and automatically emailing threats to the offenders and their ISPs

    The problem with this and all automated law enforcement schemes, be they traffic cameras or facial recognition, is that they create a substantial assumption of guilt that is almost impossible to refute. "The computer says you're guilty, so you must be"

    People find it hard to believe a system that is actually catching lawbreakers can make a mistake, until the mistake lands *them* in trouble.

    1. Re:the problem by ArsonSmith · · Score: 3, Flamebait

      when it is there it is there. You are just argueing that you no longer have the right to put your word agenst a police officers or other person. Now it's your word agenst a photo of you commiting the act.

      It isn't fair now that I can't get away with breaking the law.

      PS I am a big fan of much stricter enforcement of laws, but also a much bigger fan of reduceing the number of laws and makeing them much more lenient. Especially when we can have things like traffic monitors and stop light cameras.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    2. Re:the problem by meta-monkey · · Score: 4, Insightful

      When it comes to getting you botted off your ISP, the constitution doesn't really come into play. If they send enough threatening letters to your ISP, your ISP can just drop you for fear of being sued. Read your service agreement with your ISP sometime. They say in there that you can't do anything illegal with their service, and they reserve the right to can you at any time. When the RIAA is threatening your ISP with lawsuits valid or not, marching down to their office waving a copy of the fifth (and maybe sixth) amendment(s) probably won't help you get your service turned back on.

      --
      We don't have a state-run media we have a media-run state.
    3. Re:the problem by cybermage · · Score: 4, Insightful

      The problem with this and all automated law enforcement schemes, be they traffic cameras or facial recognition, is that they create a substantial assumption of guilt that is almost impossible to refute. "The computer says you're guilty, so you must be"

      Of course this means that it could be bypassing a persons presumption of innocence. I wonder if this could be constitutional grounds from throwing such evidence out?

      Well, to answer your question, let's dispense with the premise above. The only thing these automated things can do is substantiate Probable Cause, which is the standard used by law enforcement to make arrests, request search warrants, etc. In some circumstances, for example, traffic violations, Probable Cause almost inevitably translates into guilt. If a cop clocks you going 80mph and hands you a citation for it. There's a very good chance you'll be found guilty by a judge, if you let it get that far. However, that doesn't mean Probable Cause equals guilt. The evidence in a traffic violation is usually enough to establish guilt beyond a reasonable doubt: The officer testifies he was tracking your vehicle, the officer testifies that the radar gun said 80mph; the officer testifies that radar gun was in good working order; and based on license surrendered to the officer at the scene, you were driving the car. Not a lot of room for reasonable doubt there.

      Using a computer to analyze facts and come to a conclusion of Probable Cause is perfectly fine. The only thing that can then be used in court is the facts from which it drew the conclusion. If you're mailed a ticket from a traffic camera, the facts are a) the light was red, and b) there's a picture of you running the light. The software correlates these facts and sends a citation based on Probable Cause.

      Probable Cause does not equate to guilty beyond a reasonable doubt. That's a decision for humans to make; and since none of us have computers for peers, that's how it will stay.

    4. Re:the problem by foniksonik · · Score: 4, Insightful

      Tom Cruise will be showing up at your door soon with a warrant for your arrest, stating that you were thinking about thinking about planning to kill some one who just cut you off on the freeway in some near future incident.

      You are guilty of course... I mean of thinking that is.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    5. Re:the problem by bryan1945 · · Score: 5, Funny

      If Tom Cruise ever showed up at my door and accused me of "thinking", I'd remind him of Scientology and breaking up with Nicole Kidman, and then bitchslap him with a salmon and then an aardvark.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
  5. No, man! by Tackhead · · Score: 4, Funny
    > "Pardon, is this your file?"

    "No, man, I was just hostin' it for a friend, man!"

  6. Radio Ads by dead+sun · · Score: 4, Interesting
    Around the Milwaukee area there have been some radio ads about how ex-employees can "get back" at their former employers by reporting suspected piracy. It doesn't even have to be real, it can be just a mean spirited act of vengence to get the good old BSA fired up now. And they're advertising this.

    My question is what legal right do they have to storm in and do an audit? I wouldn't think that they'd just be allowed in, and I'm pretty sure they would have to go through legal channels to squeeze money out of people, unless they're dead scared. If a company is pirating and destroys all the evidence before the BSA gets them in court what sort of case do they have? I mean, "Yes your honor, we took a lead from an ex-employee hell bent on vengence, and we have no real evidence," doesn't sound like a case winner to me.

    Whatever, my boss would just give them the finger if they showed up here, then probably call the cops.

    --
    If not now, when?
  7. Since when does copyright imply a contract? by pongo000 · · Score: 5, Insightful

    I'm a bit confused here...two different sources quoted in the /. article seem to indicate that copyright automatically implies licensing. Has there been some change in the copyright law in this regard? A copyright, under US Law, is automatic: The creator of the work is automatically granted the copyright. This post is copyrighted by me, and under the law I'm not required to note that anywhere (although doing so will make it easier for others to recognize the copyrighted nature of my work). According to BSA and MIT, the mere existence of this copyrighted work (my post) automatically implies a license between myself and anyone who chooses to view, cache, or copy this post. How have we allowed the notion of copyright to become so twisted?

    1. Re:Since when does copyright imply a contract? by Jordy · · Score: 4, Insightful

      More importantly, all software except for that which is released to the public domain is copyrighted, including things like the Linux kernel. Just because something is under copyright doesn't make it commercial.

      In a study of 1,026 Web users released Wednesday, the group found that 57 percent of respondents never or seldom pay for copyrighted works they download.

      This could very well mean that people are downloading shareware, free software or otherwise and simply decided not to pay for it.

      --
      The world is neither black nor white nor good nor evil, only many shades of CowboyNeal.
    2. Re:Since when does copyright imply a contract? by GeorgeH · · Score: 4, Interesting

      Reminds me of when I was in high school. This was 1997 and the school had to be online (just don't ask why the emperor is naked). So the school sprung for a new lab of 486s running Windows 3.11 and a box that had a 56k modem and a TCP/IP stack that did NAT - now the school could harness the power of thespot.com and the Trojan Room's coffee pot.

      Before you can let anyone actually use the computers, of course, you need them to sign an agreement saying that they won't do anything evil, like express negative opinions about the school online. Personally I never saw an end to the school's dictatorial powers that would necessitate signing away any rights, but I'm sure that there were some lawyer-parents who would if their perfect child got in trouble for downloading pr0n.

      So I was reading the agreement and anyone who signed it agreed not to download copyrighted material online. I pointed out to the vice-principal who was handling the signings that all material online was copyrighted, either explicitly or implicitly. She said that if I was downloading copyrighted material I was pirating software. I finally convinced her that it was only unlicensed software that was piracy (I'm still not a fan of that word) and she said I should just sign it because they weren't going to enforce it anyway. I didn't sign and didn't use the Internet at school that year, not a big loss as the only thing the computers were used for was seeing Yahoo.

      --
      Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
  8. Signature Practice has Sucked Badly in the Past by TechyImmigrant · · Score: 3, Interesting

    I recollect that while working at a previous employer, they sent around some software that compared the CRC of files on the hard disk against a database of commercial software CRCs and then flagged the matches.

    This was rendered completely pointless since
    1) The CRC they used was 16 bit. I worked for a large CAD company and every had a *lot* of files laying around as a result. The number of false positives drowned out the real positives.

    2) It is a trivial excercise for anyone to create files with a predetermined CRC, so digital decoys can easily be scattered around the internet

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    1. Re:Signature Practice has Sucked Badly in the Past by bhurt · · Score: 3, Informative

      CRC-16's are trivially easy to find matches. At somewhere around 256 files (I'm too lazy to do the math) you have a 50/50 shot of two having the same checksum. CRC-32's mildly harder, requiring ~64K images. One hopes that they are using a cryptographically secure hash, like MD-5 or SHA, where the chances of "accidental" collisions are astronomically remote.

      This whole idea is trivially easy to defeat, however. Simply make minor modifications to the copyrighted work before reposting it. Take that picture of Natalie Portman, load it up into the GIMP, and change one pixel to a slightly different shade. Then post. One important feature of cryptographic hashs (like the aforementioned MD-5 and SHA) is that changing a single bit flips, on average, about half the bits. I.e. small changes in the picture make for large changes in the hash value.

      Opps. Did I just fall afoul of the DMCA?

  9. BayTSP, Cyveillance by Dr.+Awktagon · · Score: 5, Informative

    Yeah, those guys have been trawling the web for a while, looking for lord knows what. I have a ModRewrite rule in my httpd.conf that feeds them a bunch of garbage whenever they come by (thanks, Sugarplum). I ought to feed them some Jennifer Lopez files next time, see what happens...actually I should just firewall them away.

    Cyveillance netblocks:
    65.118.41.192 - 65.118.41.223
    63.148.99.224 - 63.148.99.255

    Anybody know what blocks BayTSP uses for their spiders?

    1. Re:BayTSP, Cyveillance by follower-fillet · · Score: 5, Funny

      > What about giving them /dev/urandom for downloading?
      And get busted for eventually supplying every copyrighted digital work ever produced?

    2. Re:BayTSP, Cyveillance by Anonymous Coward · · Score: 3, Informative

      I used to work for Cyveillance as one of their IT Admins. In fact for a while I ran the data center.
      The best part of the job was getting all the irate emails that we were hacking people's networks. They say their spider is an IE client because they claim that some websites give false data to spiders which is probably true. I do know that if you send them an email to abuse@cyveillance.com and ask them they'll add you to the spiders ignore list. Configuring the spiders was tricky because we could easily DDOS an entire website faster then any slashdotting. When I worked there the biggest thing we did was check images and porn sites for copyright violations. They had a snapshot of each website they visited that would make the Feds envious. However, eventually they outgrew their system and couldn't get the new one online fast enough, which led them to lay people off including myself. Great place to work though at the time.

      Oh and as a note when I left those weren't the only IP ranges they were scanning from. And I know they planned to bring some more online including one hooked to an onsite T3 line.

    3. Re:BayTSP, Cyveillance by kindbud · · Score: 5, Funny

      I got a funnier idea: go ahead and put up some copyrighted material. Configure the webserver to ONLY offer the material to the Cyveillance netblocks. When they send you the DMCA takedown notice, compose your response and deny that the material exists. Only Cyveillance will see it. Everyone else - including your ISP - will agree with you that the material does not seem to exist, despite Cyveillance's claims.

      Could be fun if repeated over and over!

      RIAA dude: Hey, Cyveillance guy, why are you billing us for all these takedown notices where the material never actually existed? I went to look at some of these sites myself and despite my fervent wish to nail somebody for something, nothing was there.

      Cyveillance guy: TILT

      --
      Edith Keeler Must Die
  10. Well, in Fairness by Stephen+VanDahm · · Score: 5, Insightful

    Confessions of a Reformed W4r3z D00d:

    In my MS Windows days every single piece of software I used was pirated. Windows 98, Office, Photoshop, the works. Now that I'm 100% Unix, I still get all my software for free, but legally now. I know that some of you never pirate software and MP3's, but you've got to admit that you know a whole slew of folks that do.

    I don't think anyone contests that piracy exists, but even the existence of rampant piracy doesn't prove that software companies lose money due to piracy. Would I have bought a copy of Photoshop had I not been able to get it for free? Hell no! Same with Office 97 -- I wouldn't have paid hundreds of dollars for something when Lotus SmartSuite came free with my computer and worked just fine. The connection between unauthorized use of w4r3z and lost income is really hard to establish.

    Steve

  11. Wanna Bet? by phyxeld · · Score: 5, Insightful

    How much do you want to bet that 45 percent gap is freeware and/or open source?

    How much do you want to bet that a study about software piracy conducted by the BSA is about as unbiased as a study about communism conducted by China?

    Doing anything with these numbers is silly, we all know it's just a bunch of bullshit.

    --
    __
    Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
  12. The other 43% are lying by andrel · · Score: 4, Insightful
    57 percent of respondents never or seldom pay for copyrighted works they download.

    Almost everything on the web is copyrighted. When you click on a link your browser downloads it in order to display it to you. 100% of web surfers never or seldom pay for the copyrighted web pages they read.

    (There are a few specialty markets, e.g. academic journals, where copyrighted web content is available by subscription only. But most of the web is gratis to all.)

  13. Broken statistics by ivan256 · · Score: 4, Insightful

    Practically everying I download is copyrighted, including the slashdot page I'm typing this into. Most of it is freely available. Copyright doesn't imply that payment is necissary. It's unfortunate that the people with the most money available to buy laws with have the narrowest view as to how the existing laws work.

  14. Lying bastards by dh003i · · Score: 3, Insightful

    (1) They lie. Or at least mis-represent. 57% of people admit to downloading software they haven't paid for. So what? Whether the idiots at the BSA realize it or not, non-costware is much more popular among the people than is costware. Shareware, Freeware, Adware, OSS, and FS software are much much much more popular than costware; not only because they're free (or usually free in the case of OSS / FS), but also because they're just better. With OpenOffice, you get a completely functional presentation program (Impress) that can edit power-point files: for free. MS PowerPoint ALONE costs 300 dollars. Lets say that OpenOffice's Impress costed 1 dollar. Is MS PowerPoint really 300 times better than OpenOffice Impress? No, that's laughable; in fact, some claim that Impress is superior. So, in short, yes 57% of people probably have downloaded software from the internet without paying; its probably more like 100%, just the other 43% were too stupid to understand the question, or understand that at one point they probably DID download software without paying for it.

    (2) Piracy costs "hundreds of thousands of jobs a year". LOL. Please, that is pure bullshit. 100,000 people in the US software industry were fired last year? Oh, sure, if you include janitors and other people that "work for software companies" but have nothing to do with software, then maybe 100,000 people were fired. Maybe. But come on, get real. 100,000 programmers were not fired last year. Lying bastards.

    (3) On MIT tracking copies of pirated software. Traitors. Clearly sellouts for academics, siding with the powerful intellectual property industry against the academics who realize the importance of balance. As for them knowing "you" downloaded a song, bullshit. I'm sorry, but there's no way in hell they can track the activities of all the file-sharerers even in the US alone. Furthermore, let them prove it. All they have is digital records, all of which can be made up and faked. Finally, even if they convince some idiotic judge that you in fact downloaded the latest S. Twain song w/o paying for it, so what? Firstly, its not a criminal offense. Secondly, pay the $19 dollars that that CD albulm costs; big deal. You'll make up for it by all the stuff they didn't catch.

  15. Nothing like a scientific sampling... by ThatTallGuy · · Score: 3, Interesting
    Oh please. Let's:

    Skew the respondent audience by making it a web survey

    Spin the questions and couch them in terms with multiple interpretations ... and call it a valid representation. Check the so-called survey results... there is just short of zero (and I'm being generous) information about how this study was conducted.

    I have downloaded copyrighted software and not paid for it. Was it illegal? No -- it was "free for personal use" (e.g. WebWasher.) You know how guilty I feel about that? Not at all -- until now. Now, I feel terrible, because I helped the BSA fudge better numbers by fitting into that 57%.

    Jackasses.

  16. Re:BayTSP, Cyveillance (MOD UP) by SirSlud · · Score: 3, Funny

    AHAHAH .. so you sit 20 (okay, just one) /dev/urandom devices down on a keyboard and get Shakespeare? Man, thats even cheaper than the monkeys I'm employing now ...

    --
    "Old man yells at systemd"
  17. Fuck Yeah I'm a Pirate by Monkelectric · · Score: 4, Insightful
    my peg leg is bigger then yours, my parrot knows twice as many songs as yours (he learned them from mp3s), and *my* eye patch is jewel encrusted.

    Please don't use the world pirate as a noun or a verb to describe copying bits. Seriously -- when you use this bullshit terminology -- "they" have already won the first battle.

    In the last few years various entities have *really* learned to use the language against us, we drive "pre-owned cars", we "pirate" music, we get blown up by "suicide bombers" (although some news stations are now calling them "homicide bombers"). We don't goto war we have "operations" ... I could think of a million others

    When someone wants to call a thing something i'ts not -- they are trying to color your perception

    --

    Religion is a gateway psychosis. -- Dave Foley

    1. Re:Fuck Yeah I'm a Pirate by Darby · · Score: 3, Interesting

      Every reasonable person on the planet knows the US is the most violent and unjust nation in the world (at least in foreign policy issues).

      If this is true, then 99% of the population of the US are not reasonable people.
      I don't know if you're an American or not (I am), but it is terrifying to see the lengths people here will go to to ignore any and all evidence that America is not absolutely 100% the only free country in the world and we would never do anything that wasn't perfectly morally pure.
      I was talking to one of my brothers about some of the things going on and since he actually takes seriously his responsibility as a member of a free society to inform himself, he knew about what I was saying. His wife on the other hand didn't want to hear it and when questioned said, "I just don't want to know".
      She actually wants to have kids.
      How sickening is that that a person who is scared to even look at the world she lives in wants to force aniother person to live in it.
      I'm not ranting against people who have kids, but if you don't do it with your eyes open you are a very disturbed person.

  18. Ahhhhh by Chris+Johnson · · Score: 3, Interesting
    I love it, more rabid crazed assaults of lawyers and automated computer hacking to BEAT THE HELL out of those HORRIBLE PEOPLE who are EVIL and WICKED enough to SHARE stuff...

    News fucking flash, Einsteins: if you don't want people to copy your material?

    STOP SELLING IT.

    I'm not joking. Do you think X many people downloaded copies of the Spiderman movie because it was an artistic high-water-mark for filmic experience? How many people download copies of the best indie art films versus the worst Hollywood experiences in cynicism and lowest common denominator?

    It's not even ABOUT the content. It's about the marketing. Some people seem to not even care what the hell they're producing- they'll tailor it to their crude notion of what 'everybody' will like, and then dump tons of money into marketing, trying to get everyone without taste to go 'duh, I'm gonna see that!' And they are surprised when people end up doing this in unauthorised ways?

    I have a dream- perhaps it is an unrealistic dream, but it is my own- that one day, if I spend years of my life producing say a film or CD or something, and have no resources left for MARKETING, that it will go out there into a world where groups of people, innovative companies, Big Media outlets have taken on the role of scanning through all the Content people have produced all over the world. Not searching for unauthorized copies of overmarketed, cynical garbage, but searching for stuff that's GOOD. Finding ever-finer subgroups of people who'd think a certain thing was good. Finding ways to hook those people up to the other people in the world producing Content.

    That I'll see a day when George Lucas goes on strike... and nobody notices.

    Anyone with me? If you are: screw the mass market, find something you love and do it to within an inch of its life. The weirder, the more personal, the better. Be READY. Because we can't have this world until we give up being consumers and start being human beings, individuals, until we're ready to say 'you know, come to think of it most people WOULDN'T like this thing that I like, but I don't even care anymore'.

  19. Fingerprinting thwarted... by scubacuda · · Score: 3, Interesting

    What happens when someone changes one insignificant thing on the song? (e.g. an extra drum beat, second of silence at the end, etc.)

    This would change the hash that they search for. (This obviously applies to people who've altered company logos on Photoshop, etc.)

    Trying to stamp out the illegit stuff out there is too big of a task. The only way that they can maintain their hegemony is to ONLY allow their "legit" stuff to play...hence the recent actions of companies to lock down home computers, DVD players, etc.

  20. The figures are way too low! by mwa · · Score: 3, Interesting
    Since the Berne Convention acknowledges copyright on any work produced, and since all web pages are "produced", and since virtually 100% of the people on the internet download web pages with executable content (e.g. JavaScript). then 100% are not paying for copyrighted content and "pirating" (assuming you use that word to mean "making a copy of copyrighted material") software. Personally, I'm extremely disappointed to discover that only 12% of the people surveyed were honest about the fact that they're thieves.

    I think the BSA needs to "study" some more. They're really missing the boat if they can't fudge figures better than this.

  21. Slashdot is right... go figure by kaphka · · Score: 5, Informative
    the group found that 57 percent of respondents never or seldom pay for copyrighted works they download. And 12 percent admitted to pirating software.' How much do you want to bet that 45 percent gap is freeware and/or open source?
    I've been trying to fight the urge to post to Slashdot lately, but when I read that quote, I was all set to rant about it. Surely, by "copyrighted works" the researchers meant "unlicensed, commercial copyrighted works", and someone had stupidly or deceptively misinterpreted their point.

    So, I checked the ZDNet article. It said the same thing. "Ah," I thought, "typical ZDNet incompetence, twisting the words of the press release."

    Next, I checked the press release, and found the same claim yet again. Now I was starting to get worried, but at least the press release provided a link to the actual report (PDF). The report says,
    A significant percentage of Internet users knowingly
    violate copyright laws.
    57 percent of downloaders either seldom
    pay or never pay for the copyrighted software
    they download. And 36 percent of all Internet users say it is not likely they will ever pay for software they download.
    Of all Internet users, 12 percent admit to acquiring unlicensed commercial software.
    There you have it. In the (distressingly significant) opinion of the Business Software Alliance, any individual who downloads a copy of Linux, Netscape Navigator, the latest Windows Service Pack, or any other software provided without charge, is "knowingly violating copyright law." That's terrifying.

    (I apologize for taking so much time just to repeat what was said in the original submission, but accurate hyperbole is so rare on Slashdot that I thought it should be highlighted.)

    As an aside, I'm actually very surprised that 41% of those surveyed indicated that they pay for downloaded software "most times" or "every time." I've been on the net since Pipeline NY (those were the days...), and I have paid for downloaded software perhaps 3 or 4 times in my life. Even in today's "internet economy," it's awfully hard to find someone who will sell you software without including an oversized box and ten marketing flyers. I strongly suspect that this survey was poorly designed, and that the results are garbage; however, that only makes the BSA's interpretation of it more disturbing.
    --

    MSK

  22. Comment removed by account_deleted · · Score: 3, Informative

    Comment removed based on user account deletion

  23. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  24. Works for me ... by ninewands · · Score: 3, Interesting

    Personally, I think this is a GREAT idea ... let the labels, studios and the BSA pay their private cops to scan the 'net for bootleg (I REFUSE to call them "pirated") |\/|p3z, \/\/4r3z and |\/|0\/13z (damn, that last one looks like a regex I once typed) ... let them pay for the bandwidth it wastes ... let them pay for PRIVATE counsel to pursue CIVIL actions against infringers ... I SUPPORT PRIVATE enforcement of copyright.

    What REALLY pisses me off is when these multi-billion dollar corporate purveyors of crap content want the government to spend MY tax dollars to enforce THEIR private property rights!

    I paid a total of US$20 (including popcorn and Coke) to see LOTR:Fellowship of the Rings. It was an entertaining flick, but I haven't seen anything since that has motivated me to go back to a movie theater. I DID spend $80 to take a date to LIVE theater, though ... and I MIGHT go see Spider-Man when it hits the Dollar theater ... as for Attack of the Clones? I have no desire to go see YAABGLTMTF (Yet Another Attempt By George Lucas To Milk The Franchise).

    I have approximately 90% of a T-1 pipe available at home 24/7, on average. For a home connection, that's a damned fat pipe ... yet ... my math tells me that it would take about 7 HOURS to download a DVD ... 1.5 hours to DL an iso of a vcd ... I just don't see bootlegging of movies to be a reasonable activity. If I wanted a PARTICULAR movie, I might download it ... but ... pay for the bandwidth it would burn to share the DL'd copy out to a bunch of strangers??? Not a chance. I pay for the pipe for MY use and there aren't enough "coolness points" in the world to reimbuse me for what it would cost to share out bootleg movies on a Napster-like network.

    I guess the upshot of this rant is that I don't CARE what the ??AA do, privately, to enforce their rights. When they start calling on the government to enforce their rights FOR them, my back goes up and my claws come out.

    Besides ... I'm behind a packet filter AND a TIGHT proxy server ... all my content is legal and I'm prepared to prove it, but THEY have to come up with probable cause for a warrant before I have to furnish ANY proof.

    BTW, IAA (non-practicing) L

  25. Organized IP Sharing: the American Way by rjamestaylor · · Score: 4, Insightful
    I spent the whole day downloading and consumming copyrighted material and didn't feel the least bit guilty. As a matter of fact the facility I used to do this non-buying consumption provided the tools and an organized database for me to pratice my skill at intellectual property consumption. The facility is not afraid of the police, infact it is located next door to the police station and the municipal court system--and they use this facility, too.

    Yes, I'm referring to using the library to consume written (and audio-visual) works for free, without paying a dime. Maybe you've heard of this, the library? It was brought to our culture by Benjamin Franklin, publisher and promoter of the patenting concept which gave rise to the notion of intellectual property.

    Infact, there is nothing discongruous between a patent or copyright and a library where such works are consumed freely by many people. Sharing a work wasn't the crime--misattributing someone else's work as one's own was the offense. But I digress.

    Where is the concept of the library of software? If my local library began offering donated titles on a check-out basis, would not Microsoft, through its front called the BSA, demand it to cease and desist?

    Today I spent the day at a library and at a Barnes and Nobles reading technical books on a subject I am not familar with, trying to (1) become familar with the subject matter and (2) to find good references that I would then purchase for my own collections.

    If the BSA went after published works as well as software, I would have had to purchase 30 books on Java, XML, RMI, XML-RPC, RSS, EJB, etc., to accomplish what I did today. It wouldn't have happened.

    Actually, I do the same with software. I'll borrow a friend's copy or use LimeWare, et al, to find a working copy of a program I want to evaluate (unless they have a true trial version to use; Office X preview was not a true trial version--it didn't work just like the real thing). Once I try it I'll make a decision: buy it or delete it. I don't continue to use it unless I buy it, because I want the updates and other goodies--and if I like it I don't mind paying for it. Just like my book scouring at the library/bookstore.

    I propose that we establish software libraries--donated purchased software licenses that can be checked out (for evaluation purposes and short-term use). I propose that these be mandated by law to accompany the ever stricter copyright/patent laws so that the "intellectual" benefit to society of Intellectual Property not be lost ensuring the "property" benefit to private concerns.

    Free software, on the other hand, falls into the library/copyright paradigm perfectly. Freshmeat, SourceForge, Savanaugh (sp? sheesh), are today's libraries for software. And it is Microsoft, not the FSF, that was fined for piracy--passing off the work of another as one's own. BSA and Microsoft: against casual sharing (like a library) and not respecting the copyright law. How un-American!

    --
    -- @rjamestaylor on Ello