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Aussie Students Face Jail Over Music Sharing Site

An anonymous reader writes "SMH this morning is reporting that three uni students may be jailed for their creation of a music sharing web site. Ok, piracy is not a good thing, but jail is just a tad extreme, don't you think? I hope ARIA (Australian version of RIAA) are pleased with themselves. What burns me about this article is the quote: 'Counsel for the Commonwealth, Paul Roberts, SC, said Ng was well aware he was acting illegally. Not only was the site camouflaged - the web space had been let to him by a teenage boy in Perth - but Ng had co-written an essay for his information technology law course on "open source software licensing."' Not entirely sure what OS licensing has to do with music piracy."

7 of 448 comments (clear)

  1. Don't get too burned.... by Penguin2212 · · Score: 5, Insightful

    Paul Roberts, SC, said Ng was well aware he was acting illegally. Not only was the site camouflaged - the web space had been let to him by a teenage boy in Perth - but Ng had co-written an essay for his information technology law course on "open source software licensing."' Not entirely sure what OS licensing has to do with music piracy."

    While the article was poorly phrased, I seriously doubt that it was an attack against the Open Source community. The author was implying that Ng was somewhat about copyright law, and that he probablly knew well that the site was illegal. It was trying to make his infraction seem more blatent, because he allegedly knew he was doing something wrong and still did it. Although, I would see little connection between software licensing and music copyright law, I guess it helps paint him as a bad guy. Bad journalism, definitely; but an attack on the Open Source community, highly unlikely.

  2. Re:Hmmm.... by mcrbids · · Score: 4, Insightful

    On a final note, I don't think anything really needs to be said about how his paper on "open source software licensing" is somehow evidence of culpability. A hefty roll of the eyes goes out to the genius who thought that up.

    I disagree. I'm not saying it's *correct* or anything, but the ideas behind free software are incomprehensible to non-programmers, and are therefore easily lumped together with piracy.

    Remember, if you can't understand it, it's bad, or otherwise wrong, somehow. And the idea that you should have rights to software for *free* sounds an awful lot like piracy to many average Joes.

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  3. There is one very simple solution to all of this by Anonymous Coward · · Score: 5, Insightful

    We have a free will.

    This means nobody is making you buy things at gunpoint.

    This also means, that if you stop buying music, stop "consuming" music and overall just don't touch anything provided by these *AA people, two things will happen:

    1. You will always be safe from litigation

    2. They will be hurt due to lost sales

    And there is not a goddamn thing they can do if you choose to take this strategy!

    Read a book instead. Or listen to the existing records you might have. Or get an instrument like guitar and learn to play.

  4. Re:Hmmm.... by DarkZero · · Score: 4, Insightful

    I disagree. I'm not saying it's *correct* or anything, but the ideas behind free software are incomprehensible to non-programmers, and are therefore easily lumped together with piracy.

    Remember, if you can't understand it, it's bad, or otherwise wrong, somehow. And the idea that you should have rights to software for *free* sounds an awful lot like piracy to many average Joes.


    You're missing the point. That quote wasn't about open source software, it was about the student's knowledge of copyright. This person was a student in an "information technology law course" and wrote a paper on "open source software licensing". A person like this claiming to know nothing about the fact that posting copyrighted works on the internet is illegal is like an accounting student claiming that he didn't know he had to file his taxes every year. If someone knows the advanced portions of copyright law, then they obviously know the basics, as well. That was what the counsel meant.

  5. Re:nice non-sequitur by kaschei · · Score: 5, Insightful

    The point about the open-source software licensing is that he knows the terms of licenses and the legal consequences of violating them. It could have been any liscensing topic and the same comment could have been made.

    --
    I should not talk so much about myself if there were anybody else whom I knew as well. -Henry David Thoreau
  6. Re:Hmmm.... by hherb · · Score: 5, Insightful

    ... but the ideas behind free software are incomprehensible to non-programmers ...

    How wrong can one be. What makes you think so? In my profession (medicine), knowledge is completely unlicensed. If you are interested in a particular piece of knowledge, like how to operate a hernia - I am happy to share this with you. No royalties, no licensing fees. You may have to pay for my time if you need me to teach you, buts that's all. After that, you can do whatever you like with your knowledge - share it, multiply it, APPLY it!

    It is even tradition in my profession to provide services for free to those who can't afford them - in most countries legislation even compells us to do so (in most civilized countries, a doctor cannot walk away unpunished from a patient in danger of life or limb regardless whether the patient is able to pay anything for the services rendered).

    "IP" however is an artefact created by people who either see their purpose in life in amassing as much money as possible regardless of the damage they do to society or by people who would not have any purpose at all if they wouldn't create such artefacts.

    Doctors all over the world are fighting drug patents and similar "IP" that actually kill more people every single day than the whole gulf war did.

    We certainly have no sympathy for putting people into jail for replicating an indefinite ressource. How can you steal what can be replicated indefinitely?

  7. Re:Good by caitsith01 · · Score: 4, Insightful

    Actually, the legal definition of a 'thief' and 'stealing' requires 'the taking of property with intention to permenantly deprive its owner of the its use', not 'keeping it.' You are still a thief if you steal something and sell it (i.e. not keeping it). You are NOT a thief if you COPY something as you have not deprived the owner of the use of it by taking it.

    --
    Read Pynchon.