Slashdot Mirror


BitTorrent User Guilty Of Piracy

DIY News writes "A Hong Kong man has been convicted of movie internet piracy in what is believed to be the first case involving BitTorrent file-sharing software. The man was found guilty of copyright infringement for distributing three Hollywood blockbusters using BitTorrent."

470 comments

  1. Daredevil, Red Planet and Miss Congeniality ... by Average_Joe_Sixpack · · Score: 4, Funny

    Were those films part of the evidence or his punishment?

    1. Re:Daredevil, Red Planet and Miss Congeniality ... by Alphabet+Pal · · Score: 4, Funny

      Seems to me he was doing the RIAA a favor - at least a dozen would-be pirates must have logged on, seen these three movies and thought, "well, hell, this piracy thing may be free, but it's still overpriced. I'm going to blockbuster."

      --
      Because you can't spell "slaughter" without "laughter"
    2. Re:Daredevil, Red Planet and Miss Congeniality ... by Anonymous Coward · · Score: 3, Funny

      Daredevil, Red Planet and Miss Congeniality. ..

      Hmm.. can it still be considered copyright infringment if no one downloads them?

    3. Re:Daredevil, Red Planet and Miss Congeniality ... by SeaFox · · Score: 1

      He should reimburse the MPAA for the worth of those movies...

      Nothing.

    4. Re:Daredevil, Red Planet and Miss Congeniality ... by ripcrd · · Score: 2, Funny

      I know it wasn't the greatest, but I actually enjoyed Daredevil.

      As for Red Planet...well, at least the robot was able to kill most of the cast. There were enough plot holes here to drive a truck thru. Of course they would travel millions of miles thru space and then run into a micro meteor shower right before entering orbit. Silly me, I thought it would take more than 5 minutes to attain orbit so you had time to go around and fix holes before everyone abandons ship. And of course, nematodes eat algae AND human flesh and spacesuits, then poop oxygen. And we must have a crew member that will run amok and push someone off a cliff and try to sabotage the mission for his own survival. Your average astronaut SHOULD be able to splice together a radio from a scrapped mars rover and make a fubar old Russian probe launch his sorry ass directly back into the cargobay of his passing ship, using only duct tape, a dead robot battery and a little unused rocket fuel poured from an ore container. MacGuyver, is that you?

      --
      --Somewhere there is a village missing an idiot.
    5. Re:Daredevil, Red Planet and Miss Congeniality ... by Anonymous Coward · · Score: 0

      You're supposed to say SPOILER ALERT you ignorant clod.

      "Well, here it is: that time they told us about in high school when math would save our lives."

  2. Selection... by thebdj · · Score: 2, Funny

    He had been charged in April for uploading three Hollywood blockbusters to the net - Daredevil, Red Planet and Miss Congeniality.

    There is no accounting for taste...
    If I am getting caught, it damned well better be for "Good" movies...

    --
    "Some days you just can't get rid of a bomb."
    1. Re:Selection... by Vancorps · · Score: 3, Insightful
      The movies were crap and it might help illustrate at least one reason why people pirate. I mean really, who is going to pay for those movies?

      Course you also look at another movie readily available online. "It's All Gone, Pete Tong." Its a good movie but wasn't readily available for a good while so it was the fastest way to share a great film which I then purchased. Its much easier to pay for something you will actually enjoy.

      Although this has go to be embarassing, busted for pirating Miss Congeniality? Ouch!
    2. Re:Selection... by macdaddy357 · · Score: 2, Interesting

      Blockbusters? I thought blockbusters were highly successful and popular films, not box office poison. Maybe that word does not mean what I think it means, or maybe that word does not mean what the author of the article thinks it means.

      --
      How ya like dat?
    3. Re:Selection... by Eric+Giguere · · Score: 1

      Now it all makes sense. The studios released these movies for the same reason that esquivalience was added to the New Oxford American Dictionary, not because they were worth seeing in a movie theatre.

      Eric
      My essays on random things
    4. Re:Selection... by Anonymous Coward · · Score: 0

      "Although this has go to be embarassing, busted for pirating Miss Congeniality? Ouch!"

      Red Planet is even worse...

    5. Re:Selection... by Humorously_Inept · · Score: 1

      On the other hand, the poor quality of those movies could also be viewed as sufficient justification for buying/renting them because who the hell would want to wait/waste any amount of time to actually go ahead and download them? The money is worth less than the effort, and apparently the risk as well. If, for whatever reason, you want to see those movies, then you should go to the video store and sheepishly bring them up to the counter as if they were porn... And pretend that they're for your roommate.

      That's why I love my movie channels. $10 a month for all the terrible movies you'd never be caught dead renting.

      --

      ~Someday, I hope to be an aspiring author.
    6. Re:Selection... by ScentCone · · Score: 4, Insightful

      The movies were crap and it might help illustrate at least one reason why people pirate. I mean really, who is going to pay for those movies?

      I'm always a little perplexed by this line of reasoning. If it's not good enough to enjoy... why bother obtaining and watching it? If it's good enough to enjoy, and you're glad that the person who made the film (and his/her hundreds of co-workers and investors) spent the money and went to the trouble of producing it, why deliberately rip off the people making the stuff you do like?

      So... if it's quality material worth watching, then it's worth paying the people who produce it (and encouraging them to make more). If it's not worth watching it, why tarnish the name/concept of P2P technologies by squandering it on pirating something copyrighted that, in the same breath, people say is not worth the trouble? I can never understand the people who think they're somehow "punishing" the studios into making better movies by ripping off the (at best) mediocre stuff while piously saying that they'll pay for the quality stuff (assuming, ahem, that they actually do). You indicate that you buy movies you like, but your first sentence (which you say is illustrative) just gives moral comfort to the twits.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:Selection... by smooth+wombat · · Score: 0, Offtopic

      To think that my mod points expired yesterday. If only I had my last remaining one to mod you up.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    8. Re:Selection... by Anonymous Coward · · Score: 0

      In a way I agree here. One of the biggest arguments for sharing on the internet (be it bittorrent or some other program) is that when content is readily available people will have the opportunity to share it and the popularity will grow, hopefully resulting in people buying the product. If you don't like the movie (or song or whatever) why make it more publicly accessible? Aren't you boosting it's accessibility and exposure?

      Then why not do this for the stuff you like and are going to pay for, so other people know how good it is by getting a sample of it.

    9. Re:Selection... by Anonymous Coward · · Score: 0

      Some people pirate so that they can judge whether or not the material is crap before actually making a purchase.

    10. Re:Selection... by NgLengJai · · Score: 1

      The custom uses these films as evidence because there is no one download and they can download the whole file from the seeder.

    11. Re:Selection... by nanotech · · Score: 1

      Course you also look at another movie readily available online. "It's All Gone, Pete Tong."

      The movie is actually called "It's All Gone Pete Tong" (no comma) which is an instance of the Cockney slang tendency to use words that rhyme in bizarre contexts. (ie It's All Gone Wrong would be the "proper" title)

    12. Re:Selection... by Retric · · Score: 1

      I think people object to paying for movies on the basis that they watch "free" low quality content by watching TV so they feel a movie must be better than the average TV show before it's worth paying for. Granted you do need to put up with commercials but even watching commercials is somewhat interesting. (The first few times anyway)

      Based on this line of thinking people feel they should be able to watch most movies on the cheep and only pay for the ones that are "good". Thus a movie like "Doom" might be mildly interesting but it's not worth a 4$ rental so why not pirate it. However, you don't get to know if a movie is worth paying for or waiting for before you watch it, so people justify pirating most movies as long as they "buy" a few of the ones they like.

    13. Re:Selection... by hotdiggitydawg · · Score: 1

      So... if it's quality material worth watching, then it's worth paying the people who produce it (and encouraging them to make more). If it's not worth watching it, why tarnish the name/concept of P2P technologies by squandering it on pirating something copyrighted that, in the same breath, people say is not worth the trouble?

      To play devil's advocate, how do you know it's crap movie until you've seen it? Opinions of other people only carry so much weight, and personal taste varies widely...

    14. Re:Selection... by Anonymous Coward · · Score: 0

      Rent It!

    15. Re:Selection... by mar1no · · Score: 1

      How exactly would one know whether a movie sucks or not, prior to watching it?

      Now of course theres reviews and critics, but I've seen some amazing movies which were pounded by critics as being terrible.

      --
      "you sonofabitch i didn't know!"
    16. Re:Selection... by Anonymous Coward · · Score: 0

      Consider this:
      Joe schmoo office monkey decides to p2p batman begins after being horribly dissapoined by the previous crap spewed out by hollywood under the batman brand. He, the buyer who had been burned before, simply wants to see the product before purchasing it. While searching for an appropriate source he comes accross the title "star wecked: the pirkening". He grabs that too while he's at it. That night he watches both movies at home. He decides that he wants to experience batman begins on the big screen as it is actually worth it (alot of people do this,as evidenced by the mpaa trailers that theaters show to paying movie audiences). Furthermore, because of a fair "distribution network", he had also just viewed an amazing film that (because it's finnish) he would never have been exposed to otherwise.
      p2p=art
      mpaa=money

    17. Re:Selection... by rosciol · · Score: 2, Interesting

      I'm always a little perplexed by this line of reasoning. If it's not good enough to enjoy... why bother obtaining and watching it?

      It's not that it's not good enough to enjoy, just that it's not good enough to purchase. Can you honestly tell me that you've never watched or participated in any event that, had you been asked to pay money (or more money) prior to participating you wouldn't have?

      The logic of your average pirater who thinks this way runs like so:
      1) I would never be willing to pay money for that content because its cost/value ratio is too low
      2) I do not consume the producer's resources by obtaining this product (i.e., if you swipe a candy bar, the company is out the production costs, but if you pirate a movie, the company only loses potential revenue that you have already stated you never would have provided)
      3) The value level is high enough that it can entertain me
      4) Hence, if I download this content no one loses anything they had not already lost, but I get mindless entertainment

      This logic, in different forms, is what explains why people eat free food that tastes like mutilated carcasses, go to free concerts by artists they don't care about, see movie screenings in the park for movies they would never rent, or are willing to be hassled by advertisers to get free promotional goodies that they never really wanted (equivalent to the hassle of finding this junk on the Internet).

      Ask them to pay for the food, concert, movie, or crappy t-shirt, and no one shows up anymore. That doesn't mean they wouldn't have enjoyed themselves, only that they're not willing to shell out their cash to support the producers.

      Honestly, I find this logic interesting as it also points out that piracy disseminates the material to a wider audience than would have otherwise received it. The amount it impacts sales is up for debate, because it is simply false that everyone who downloads the movie would have bought it and that everyone who downloads the movie doesn't buy it.

      I would venture a guess that a significant portion of the piraters fall into the segment of the market that never would have purchased, so the 'lost sales' are mythical in nature. The troubled portion of the market contains those that would have paid for the content if they couldn't get it another way, but they found piracy to be a suitable solution.

    18. Re:Selection... by Anonymous Coward · · Score: 0

      So... How do you know it's a crap steak until you eat it?

      Maybe the first bite was just bad?

    19. Re:Selection... by ScentCone · · Score: 2, Insightful

      Can you honestly tell me that you've never watched or participated in any event that, had you been asked to pay money (or more money) prior to participating you wouldn't have?

      You're missing the point. Bad movies or not, the people who produce and distribute them are asking you to pay for them. It's not like that's going to come as a surprise to anyone. I see stuff on TV all the time that I would not (well, beyond the cable rate I'm paying) pay for, ever. But that's not the same as, essentially, sneaking into a theater to see the same, not getting caught/lectured by anyone, and saying, "Well, no one told me I had to pay, at least, not to my face..."

      The troubled portion of the market contains those that would have paid for the content if they couldn't get it another way, but they found piracy to be a suitable solution.

      Suitable to whom? Certainly not to the people that make their living producing the things that their audience want.

      --
      Don't disappoint your bird dog. Go to the range.
    20. Re:Selection... by fitten · · Score: 1

      Yeah, but that's stupid reasoning. If you have/pay for cable TV, you are not watching TV for "free". You are only watching it for free if you have an antena and catch it off the airwaves.

      The other thing about rationalization is in the definition... you can rationalize anything you want to make it sound reasonable... that's the point of rationalizing your actions... to ease your conscience.

      I know a number of people who download lots of movies off the 'net and watch them. I don't know of any who do this to prescreen. They do it because it's "free" mostly and some do it because it makes them feel like they are "in the know" of Internet 'stuff'... they think it makes them geeky in some way.

    21. Re:Selection... by Anonymous Coward · · Score: 0

      It's not that people pirate to punish studios for mediocre movies, but that people have gotten so used to poor quality that the 'try it before you buy it' mentality takes over. It's a fact that the movie industry puts out garbage. Why blow $8 to find out the movie sucked? Download it and watch it. If it's worth it, buy the DVD.

      If the industry had a better track record, people wouldn't have need to pirate to keep themselves from getting ripped off. If you knew the movie you were going to was going to be quality because only quality movies made it to the theater, would you download? Well.. some people would, but that's not the point.

    22. Re:Selection... by Anonymous Coward · · Score: 0

      Well, I download shows like "Rome", "Six Feet Under", and "Deadwood" because they release the DVDs about a year after they're shown.

      Once you start watching them, it becomes an obsession and you have to see the rest of the season.

      And no, I can't get HBO without getting a dish and paying for a bunch of other channels I don't want.

    23. Re:Selection... by Ced_Ex · · Score: 1

      You're missing the point. Bad movies or not, the people who produce and distribute them are asking you to pay for them. It's not like that's going to come as a surprise to anyone. I see stuff on TV all the time that I would not (well, beyond the cable rate I'm paying) pay for, ever. But that's not the same as, essentially, sneaking into a theater to see the same, not getting caught/lectured by anyone, and saying, "Well, no one told me I had to pay, at least, not to my face..."

      They are asking you to pay, but people are beginning to see less and less value for the stuff they pay for. As of late, the movie industry hasn't produced anything really good, but the admission prices keep climbing.

      If producers are willing to sell movies on market pressure, i.e. lower prices of movies to the point where supply and demand meet, people will start coming out.

      There is no reason other than profit whoring for these high prices. These actors (or as I like to call them, "people who play pretend for a living") do not need to command multi-million dollars per movie, especially shit movies. When the industry realizes it's no longer a money making factory will it then go back to the basics, producing good movies.

      For some people, downloading movies is the only way to get back at the industry for making the last movie you saw one that you would claim, "You couldn't pay me to watch that garbage!".

      --
      Live forever, or die trying.
    24. Re:Selection... by Anonymous Coward · · Score: 0

      Just having a little RnR? Rent-n-Rip?

    25. Re:Selection... by crabpeople · · Score: 1


      The movies were crap and it might help illustrate at least one reason why people pirate. I mean really, who is going to pay for those movies?

      I'm always a little perplexed by this line of reasoning.


      Again, you fail it and miss the point. The point is that so many hollywood movies are of such a low quality that if you went out and spent 12$ on everyone that vaguely interested you, you would be broke. Most are crap. Some are really good. What GP was saying is that the way they market movies to people, you cannot tell enough about them to make an informed decision on whether to spend the money or not. so you download 90% of them and go see 10% in the theater. I think thats what most pirates do.

      As to your other point about people being paid. Boo fricking hoo. its not my responsibilty to prop up organizations and corporations. especially, when they are activly involved in campaigns to arest me and my fellow movie lovers.

      You do realize the point of making good movies is not to make a profit, but to further enhance world culture right? If a director, cinematographer, actor, etc would rather make money than have people see their work, they either suck ass, or are a sellout. Of course people need money to live on, someone has to pay them, but the movie studios are hardly running at a loss most of the time. I have also heard that when they do run at a loss, they use quite a bit of "creative accounting" (read tax evasion) to make it seem like the movie cost more than it should have.

      If you dont want people to see your movie DONT RELEASE IT. If you would rather have people pay you money than enjoy your movie, your a sellout. we dont need no bleeding heart "why wont someone think of teh gaffers!" as it distracts from the real issues at hand.

      --
      I'll just use my special getting high powers one more time...
    26. Re:Selection... by ScentCone · · Score: 0, Troll

      You do realize the point of making good movies is not to make a profit, but to further enhance world culture right?

      That might be your motivation. The point of making good movies is whatever each film maker's point is. Your urge to dictate to an artist what their point is pretty much explains your entire world view.

      --
      Don't disappoint your bird dog. Go to the range.
    27. Re:Selection... by s20451 · · Score: 1

      Wow. Before this post I had never seen someone talk directly out of their ass.

      --
      Toronto-area transit rider? Rate your ride.
    28. Re:Selection... by rosciol · · Score: 3, Insightful

      You're missing the point. Bad movies or not, the people who produce and distribute them are asking you to pay for them. It's not like that's going to come as a surprise to anyone. I see stuff on TV all the time that I would not (well, beyond the cable rate I'm paying) pay for, ever. But that's not the same as, essentially, sneaking into a theater to see the same, not getting caught/lectured by anyone, and saying, "Well, no one told me I had to pay, at least, not to my face..."

      I'm not saying no one told them to pay, only that it is seen as a victimless crime. You're comparing it to a movie theater, but you forget that taking a theater seat that could potentially be occupied by a paying customer (or that seat would make a customer happier, a 'good' seat), using the theater's restrooms, etc., constitutes the use of the producer's resources that they would not have otherwise used.

      Pirater's believe this to be as close to a victimless crime as possible because no one uses any resources (except those volunteering the hosting) that they would not have otherwise used, and the producer never would have seen that revenue in the first place.

    29. Re:Selection... by TheoMurpse · · Score: 1

      If it's not good enough to enjoy... why bother obtaining and watching it?

      Digital packrats. I myself have an outrageous amount of material that I will never watch (captures from VHS recordings of old TV broadcasts that I've traded over IRC because there exists no way of buying the show since it was never made available, or because it is no longer in print) primarily because it's there (and because I believe someone should archive our culture, but that's neither here nor there in this discussion). I had a roommate in college who had many, many terabytes of movies that I'm sure he never watched. He just grabbed them on the off chance that he might want to watch it.

      Another reason is that files are gold in the scene. If you have an obscure file that someone wants, you can get whatever you want from them in trade. It can be quite profitable (in a non-monetary sense).

      For example, I happened to acquire some old broadcasts of Family Double Dare (a show on Nickelodeon when I was a kid). A year later, I came across someone willing to trade all 26 episodes of Space Cases (a show I had sought for years online to no avail which literally does not exist in any buyable format) for the two episodes of Family Double Dare I had.

      Two files I had downloaded just because I had nothing better to do one day made possible the acquisition of one of three series I have longed to acquire for my entire adult life.

      Of course, if these shows were on DVD, I most likely would have never swapped them, but that's another discussion for another day.

    30. Re:Selection... by ScentCone · · Score: 1

      Wow. Before this post I had never seen someone talk directly out of their ass.

      You don't know the half of it. That guy ("crabpeople") is not, to put it nicely, entirely connected with reality, and certainly doesn't have any friends and family that earn a living creating entertainment for people.

      --
      Don't disappoint your bird dog. Go to the range.
    31. Re:Selection... by d34thm0nk3y · · Score: 1

      I'm always a little perplexed by this line of reasoning. If it's not good enough to enjoy... why bother obtaining and watching it? If it's good enough to enjoy, and you're glad that the person who made the film (and his/her hundreds of co-workers and investors) spent the money and went to the trouble of producing it, why deliberately rip off the people making the stuff you do like?

      Simple economics. It may be good enough to watch but not be worth the $20 or whatever. Since there is no price reduction for bad "quality" some movies will fall within this cost/benefit range. This is of course not commenting on the morality of the isssue.

      My theory is that since copyright laws are supposed to be the will of the people that piracy should be viewed as competition not crime. The MPAA etc should be trying to value-add not value-reduce to "fight" this.

    32. Re:Selection... by Anonymous Coward · · Score: 0

      If it's not good enough to enjoy... why bother obtaining and watching it?
      shits and giggles

    33. Re:Selection... by mixmasterjake · · Score: 1

      I don't buy into the typical movie pirate's mantra because if everybody went along with their philosophy then the arts as we know if wouldn't be possible. If everybody jumped on board, the ship would sink. Pirates get a free ride from paying customers. Perhaps they should go stand outside the theaters and thanks everyone in line for funding "free" entertainment.

      I know a few people who pirate stuff all the time. No matter what they preach about morals, I never see them buy anything. They never support the artists - even those that they love. They brag about everything that they get for free and how stupid people are for paying. Some have gotten to the point where they are downright offended at the thought of paying for any entertainment.

      I don't like it when I see a disappointing movie. But, they can't all be great. Making a movie is a tough, expensive job - try it sometime. If you don't think it has any value then don't watch movies. If you appreciate movies, music, etc then support the arts. Go buy a ticket once in a while!

      --
      TODO: come up with a clever sig
    34. Re:Selection... by Anonymous Coward · · Score: 0

      Crap analogy. If the steak is bad, any restaurant worth it's salt will gladly replace it or remove it from the bill. Good luck trying to convince Blockbuster to give you your $4 back because Aliens vs. Predator wasn't Oscar caliber.

    35. Re:Selection... by Retric · · Score: 1

      I do know people that prescreen movies. (Or did at one point.) One guy used to buy B movies like Anaconda on DVD's that the had never seen because it looked "cool" and kept getting burned. Now I think he mostly uses a DVR to pick stuff off of HBO, but for a while he started downloading DVIX movies (700MB) and then buying the DVD if he liked them. He was one of those people who could never remember to take movies back to a renal store and was pissed when DIVX (DVD's the rental DVD's) never took off.

      Now I tend to go to the movies a lot vs. buying DVD's and I don't mind wasting 6$ on a shitty movie, but when your spending 20+$ a pop it's starts to add up fast and when you have a ton of movies you don't watch sitting there it start's to eat at people.

      On a side note a lot of people seemed to do this with Anime because you could not rent them (pre Netflix) and there where not on HBO, so it's hard to tell if they where wasting 25$ on crap.

    36. Re:Selection... by crabpeople · · Score: 1

      oh to be like scent cone! strict morals that proclude societal advance. surely i must envy you, your gun, and your bird dog.

      what do you call someone who is motivated by money to create art? an artist? i wouldnt.

      just as every profession, every task that anyone ever does. if its motivated by money, its generally less meaningful then someone who does it for the love. this pretty much holds true in every situation. love your work and you do better work.

      the creation of culture will not disapear simply because no one pays the bills. its so easy to push things onto the web, advertise for free via word of mouth and distribute with BT for next to nothing. that couppled with the fact that no matter what people will always express themselves, will guarantee culture will not stop being created.

      "Your urge to dictate to an artist what their point is pretty much explains your entire world view."

      and your urge to punish new ideas and ways of thinking pretty much explains yours.

      --
      I'll just use my special getting high powers one more time...
    37. Re:Selection... by MrShaggy · · Score: 1

      Could you not apply the same logic to the Gpl, in the sense that because some open source software sucks, so why can't I ignore the GPL

      --
      I have mod points and I am not afraid to use them.
    38. Re:Selection... by ak_hepcat · · Score: 1

      All I know is that I'm an actor, and i've been in a lot of shows.
      I certainly can't make a living out of it.

      Not to say that i wouldn't try if it came close, but it isn't.

      I do it for the love. But i'd still do it for the money.

      --
      Support FSF: Stop thinking with your wallet, and think with your imagination. (cc/non-commercial)
    39. Re:Selection... by clem · · Score: 1

      I don't buy into the typical movie pirate's mantra

      What's not to like about "Arr arr arr arr arr arr arr..."?

      It's a meditative exercise that leaves you calm, spiritually refreshed and ready to pillage.

      --
      Your courageous and selfless spelling corrections have made me a better person.
    40. Re:Selection... by Anonymous Coward · · Score: 0

      There are movies that I watch, specificly so I can point out to people that they were a terrible movie and why, and that they shouldn't go see it. If the only thing about the movie I enjoy is the fact that I enjoy hating it, should I really need to pay for the privelege?

    41. Re:Selection... by budgenator · · Score: 1

      I've found that when you've seen a couple of trailers and feel you've seen the whole movie, you probably have seen everything worth watching.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    42. Re:Selection... by Anonymous Coward · · Score: 0

      Here's a suggestion - be more selective! You don't NEED to buy every DVD that comes out. In fact, you, and everyone in the whole world, could live without movies. Movies are entertainment and movie studios are in business to make money. If they produce shitty movies, don't watch! Read a book, watch porn, play video games, take a walk, have sex with another human, post on /., spend your time doing something better than justifying downloading crap movies you don't need to watch.

    43. Re:Selection... by The+Ultimate+Fartkno · · Score: 1

      > If it's good enough to enjoy, and you're glad that the person who made the film (and his/her hundreds of co-workers and investors) spent the money and went to the trouble of producing it, why deliberately rip off the people making the stuff you do like?

      You there - with the logic! Put your hands where we can see them and step backwards to the sound of my voice! Step away from the keyboard and nobody will get hurt.

    44. Re:Selection... by budgenator · · Score: 1

      originaly blockbusters were BIG FUCKING ASS BOMBS , one of which would destroy a city block.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    45. Re:Selection... by Anonymous Coward · · Score: 0

      I see a t-shirt at a store that I somewhat want, but not enough to pay $20 for. Am I justified in taking it without paying for it?

    46. Re:Selection... by ScentCone · · Score: 0

      what do you call someone who is motivated by money to create art? an artist? i wouldnt

      Well, that's the great thing about free speech. You can call it whatever you want. What would you call someone who makes shoes? Certainly not an artist, by your standards. If they don't sell the shoes, they don't make enough money to spend all day making shoes, and have to do something else. What do you call someone who makes very, very nice shoes? Just someone who's better at it? How about unique shoes that are beautiful, creative, and expensive to produce? No art showing up in that recipe yet, as far as you're concerned? Doesn't matter. You can tell a professional artist that they're not an artist, and they really won't care, because there are other people willing to pay for their work, and who understand that if you're going to pour all of your waking hours into your art (and don't live off of charity) that you should and can find people who are willing to trade money for your work. Hell, you can even decide to only sell your work to those that are willing to pay. Or, you can just do it for fun and passion, and give it away. In my way of looking at it, you can do both. In your way of looking at it, you can't. Just because you despise creative professionals doesn't mean you've earned the moral entitlement to rip them off. By now, with all of the ranting you do, you must surely have converted many, many professional artists back into hobby artists who are willing to give away their time to entertain you, so I'm sure none of this matters, since you wouldn't want art created by professionals anyway.

      if its motivated by money, its generally less meaningful then someone who does it for the love. this pretty much holds true in every situation. love your work and you do better work.

      Your myopia on this is astonishing, even after so many repitions on your part. Why should you care what someone's motivations are? You are free to only do business with those people who have motivations of which you approve. You are not free to rip off those who decide to make their art a full-time pursuit from which they derive their income. You don't them anything - not your attention, your money, or any respect past not ripping them off or encouraging others to do so. Your world's full of artists that don't want you to pay for their time, so stick with them, their music, their films, their books, their sculpture, and their software.

      your urge to punish new ideas and ways of thinking pretty much explains yours

      How am I punishing new ideas? You can have a new idea, and you can give it and any work you base upon it away to anyone you want. If you can talk someone else into giving away their new-idea-based-work to you, more power to you. But you want to dictate to someone else how to conduct their own lives. You want to be able to ignore the price they put on their labors, but also want to benefit from their labors. Ignore them, their work, and their price all day long. Just have the self respect not to rip them off. Your "new way of thinking" is invalid if you're so unpersuasive that the people who are creating the things you want cannot be convinced to give them to you. Hell, you can't even convince yourself just to walk away from them! Here you have all of those people that think like you, making free art for you to enjoy, and you're completely hung up on still being able to get free access to the creative work of people that you yourself say aren't artists. If you can't see your own hypocrisy, or cogently clean up your argument to the point where your avoid the built-in contradictions, them you're sure going to spend a long time wondering why so many people hear what you're saying, and reach right for their lawyers and more copy protection. You are what makes it worse, not better.

      --
      Don't disappoint your bird dog. Go to the range.
    47. Re:Selection... by ScentCone · · Score: 1

      You there - with the logic! Put your hands where we can see them and step backwards to the sound of my voice! Step away from the keyboard and nobody will get hurt.

      Look, officer, I was just driving by, and saw it go down. I thought I could help... I had no idea all of this would happen! I didn't mean to point out that he's a twit... it just went off when I picked it up!

      --
      Don't disappoint your bird dog. Go to the range.
    48. Re:Selection... by Vancorps · · Score: 1
      Yeah, funny thing about this, I used to do some video production works. Commercials mostly. So in the GPL scenario I only have to care about its license if I want to modify it or use it in my project.

      Okay, crossover time. I wouldn't use clips from different commercials or movies unless I licensed them because I am then going to base more work off of it potentially making them more money.

      Now the fact that I'm not using anything I download in any of my work. I'm an Oracle DBA now so I do nothing with video any longer.

      Okay, so how are these applied in any similar fashion? How does the other side lose anything? How do you illustrate any and all loss to something that wouldn't have gotten money anyways, or would have gotten money if it costed less?

      If you know please enlighten me.
    49. Re:Selection... by Vancorps · · Score: 1
      I'm sorry, but in the food world. The material world, fresh organic food costs more than rotten or food full of preservatives.

      Why should this sliding price scale not be applied to entertainment? I know it is applied in some aspects in the music world with concert prices. But should lower quality content not cost less than the good stuff? Shouldn't a good movie be one price and a bad movie be a lower price? They know how much it costs to make a movie let alone the amount of money the cast, producers, and directors tend to make. Of course you hate to punish the actors for bad writing but isn't rewarding excellence the purpose of paying for entertainment to begin with?

      Now let's move to the subject of movie enjoyment. A movie may be good enough to buy in which case, yep, it'll get bought. Some movies would only be good at a lower price. Some movies aren't worth even a cent. League of Extraordinary Gentlemen for an example. There is no way someone could justify paying for that.

      Now movie distribution: I have a friend in Scotland, another in South Africa. A movie comes out that I absolutely love, so I buy it. I'll make two copies and send to each of my friends so that they can then enjoy the movie rather than waiting. Why in this connected world should some people wait while others enjoy? I know they make more money by creating the artificial scarcity but at some point you gotta give a little.

      There are some pirates out there that truly are in the wrong but most of the ones I know at least are movie lovers. There is absolutely no way they could afford to pay for them all especially considering their pricing scheme. Why exactly should they be held back by artificial scarcity?

      Well I'll conclude my little rant, I've worked for a media company making commercials and I worked for a non-profit record label in VT so I feel I come from solid foundation. But of course, its entirely possible my view isn't showing me some aspect. Perhaps you care to shed some light? Surely I must be missing something if you are perplexed.

    50. Re:Selection... by Anonymous Coward · · Score: 0

      But then you wind up watching bad porn (same problem)...and those people you had sex with try to pick you out of a police line-up. Video games?! Are you serious? Crap video games cost $50, and it's an even bigger quality problem than movies. Don't get me started.

      Hey, reading and walking are great though. Thanks for helping.

    51. Re:Selection... by Anonymous Coward · · Score: 0

      Let's just take your comments to the ultimate extreme, not that you'll be able to get the point.

      So, if I think you're a nobody, I should be able to kill you and call it a victimless crime? Obviously not.

      Hint: It's only victimless to YOU, from your perception, and only then, if you're selfish and greedy.

      Not that I expect this to ever rise from the depths of AC, here on Slashdot.

      I'm amazed at the depth of selfishness and self-absorption expressed here now: Apparently it's now OK to do basically whatever you want, so long as the connection between you and the entity you're cheating is only digital.

      I'm not impressed by what passes for "nerds" here, now days - they resemble, mostly, selfish, spoiled brats that haven't a clue.

    52. Re:Selection... by Anonymous Coward · · Score: 0

      "Well, I download shows like "Rome", "Six Feet Under", and "Deadwood" because they release the DVDs about a year after they're shown.

      Once you start watching them, it becomes an obsession and you have to see the rest of the season.

      And no, I can't get HBO without getting a dish and paying for a bunch of other channels I don't want."

      Translation: I'm entitled to be entertained on my own terms, regardless.

      Any questions?

    53. Re:Selection... by Anonymous Coward · · Score: 0

      "But you want to dictate to someone else how to conduct their own lives. You want to be able to ignore the price they put on their labors, but also want to benefit from their labors."

      Yup, that's pretty much it now. Sad, but true. The people that cannot create, only consume, feel entitled to dictate the terms of their consumption. Mostly, I think, because they haven't a clue.

      They're just consumers, you see. They exist to be entertained. When denied such, they become confused, and angry, then lash out, just as you've seen crabpeople do.

      Personally, I've given up: I now think it's just best to placate them, and give them what they crave. That way, at least, they'll shut up and fade into the background so long as they're occupied, and the rest of us can actually do meaningful things in this world without interference.

    54. Re:Selection... by ScentCone · · Score: 1

      The material world, fresh organic food costs more than rotten or food full of preservatives. Why should this sliding price scale not be applied to entertainment?

      When you go to the grocery store, and they have apples at $0.99/pound, that's what you pay. If you see some apples in the bin that seem, to you, to be inferior, do you tell the grocery store what you'll pay? Perhaps at a small produce stand you can engage the owner in a discussion of the price, but when you're dealing with a large/mass market, it doesn't work that way. Come back the next day, and you might see the inferior apples being sold for less - or they may have shipped them to an applesauce processor. But it's not up to you to put the apple in your pocket just because you deem it to be worth less than what's being asked. Just don't buy the apples. And if the grocery store consistently asks more than you think they should for their crappy apples? Go somewhere else. Stealing their apples doesn't teach them a lesson about price, it just makes them even more militant about their losses. You not walking through the door any more is far more instructive.

      But should lower quality content not cost less than the good stuff?

      Who decides what is, and is not quality? For example, I can hardly stand many mopey, depressing, Scandanavian "art" films or poorly dubbed Anime. That's OK, because other people think that any Anime they can see is worth the time, or actually like cheesy action flicks more than something from Merchant/Ivory. But you could say the same thing for any product or service. And you can impact the "sliding scale" of prices you're talking about by not buying things that you think are over priced. If you don't like what a plumber charges to fix your faucet, you don't let him do the work, and then decide to either pay him less than what he asks, or just stiff him on the bill. But if you can't afford a plumber at all, you either fix the leak yourself, decide you can go without that service for a while. Likewise, if you can't afford what an artist wants to charge you for their creative work, just find another (less expensive) way to get some entertainment for the evening.

      Of course you hate to punish the actors for bad writing but isn't rewarding excellence the purpose of paying for entertainment to begin with?

      Right! You pay what they ask, and you're rewarding them. If you don't patronize them (or pirate their work), you're telling them that their quality is too low for what they're charging.

      Some movies would only be good at a lower price

      Which is exactly why you see them in the cheap DVD bin, or on non-premium cable way, way sooner than better movies.

      League of Extraordinary Gentlemen for an example. There is no way someone could justify paying for that.

      Sure, so all you have to do is not pay to see it. And since you know it's bad, you won't have any urge to pirate it, either, right? Otherwise, if you do feel the urge to see it anyway, and don't want to wait for cable rotation or other free broadcast, then you know that you are placing a value on seeing it - and if that value doesn't match up with the price they're allowing you to pay, then they lose the sale, and you don't get to see the show in quite as convenient manner. If that convenience starts to mean more to you, you start putting a higher value on the entertainment. Just like how buying a gallon of milk at a convenience store is more expensive than the grocery store... but if you don't like the price at the convenience store, you don't get to just take the milk without paying because you don't like the price.

      I know they make more money by creating the artificial scarcity but at some point you gotta give a little.

      Not really, they make more money when the people seeing the movie actually pay for the movie. That's not artificial scarcity, that's paying for entertainment. If y

      --
      Don't disappoint your bird dog. Go to the range.
    55. Re:Selection... by MrShaggy · · Score: 1

      What I was trying to say was that, everyone laughs and says that because those movies sucked,there was no way that anyone was going to buy them anyway. Therefore the guy is somehow justified in pirating it, because he wouldnt have bought it. Then there is the general shock that the *IAA are coming after you. How do you know that this guy didnt get these, and was taking them and selling copies on the street?

      But at the same token, /. was pointing out that someone somewhere had violated the GPL.

      So my question is that why is one license ok to break but not the other ?

      --
      I have mod points and I am not afraid to use them.
    56. Re:Selection... by Anonymous Coward · · Score: 0

      But the subject here is not someone taking a movie from a store without paying for it.

      Imagine that I decide that I do not want to pay the price for those apples. However, I know someone who did buy an apple, and he is now making copies of them (one of them fancy new concepts called an apple tree), and gives me one.

      This is where your agument fails. Once you stop listening to the RIAA, and actually look at what happens, you'll see that not only is doing the same things with apples completely normal, it's actually legal. And everytime I eat an apple from my friends apple copying machine (aka. tree), the apple producing companies lose just as much as when the guy in TFA downloads a movie from his friends movie copying machine (aka. BitTorrent). Are they going to sue me for it? Nope, because it's completely legal, apple copying machines (aka. trees) were invented long before monopoly protection laws.

      In the end, the only difference is that one is legal, and the other is not.

    57. Re:Selection... by ScentCone · · Score: 1

      Sorry, that's a BS example. Your friend cannot come up with an apple tree that produces new movies. Those can require hundreds of people, millions of dollars, and actual creative talent. People put together the time, people, and resources to produce that sort of thing (which obviously people want, otherwise they wouldn't be looking for ways to rip it off) only because they think they can at least recoup their expenses. Yes, some people do it for fun - but those people also are happy to give away their work. Ripping a movie is not the same as walking away knowing how to make a movie, and then making them yourself. It's diluting the revenue that the film maker needs to recoup costs, pay people, and have the money to make more movies. If your friend wants the movie, then that means he finds some value in it, and thus at least some respect for the people who made it. Why pretend to like someone and their work, but decide to screw them on the part of it where they ask for compensation?

      --
      Don't disappoint your bird dog. Go to the range.
    58. Re:Selection... by Vancorps · · Score: 1
      What license did I agree to when I purchased a DVD?

      Last I checked when I use a GPL product I know what I'm getting into before I get into it. The same is not the case when I purchase a DVD.

      There is no justification for pirating, nothing makes it alright to steal from someone else. Of course, what exactly are you stealing by downloading? Is there a way to download legally? What recourse do people have if they are dissatified with their purchase? I know most stores won't take a used DVD back.
    59. Re:Selection... by Vancorps · · Score: 1
      Black and white much? I mean seriously. You seem to think all pirates do it for the same reason and that all of them think the same about it. Who was rationalizing piracy? I merely stated I could see why so many would do it so willing.

      Now for the apples example. Stealing an apple is not the same as downloading a movie because that apple could go to someone else but downloading a movie causes no such loss. As for the quality effecting the price. I'll bet you've never even tried to haggle them. You pick up a bunch of apples, you don't care about their quality because all you're going to do is juice them. So you find a bag and there are a few in there clearly not as good as the others. You show the manager and you will get a price break. We do it all the time at my house whether we shop at a regular grocery store or an all organic place. We do both pretty regularly based on who's willing to pay.

      Now, let's tackle your fine wine problem. What if you had the opportunity to sample all of them free of charge? Would you do it if you knew they wouldn't notice? Obviously morally its wrong because they are now our wine they could have other charged someone else for. Downloading movies currently is free with no paid alternative. Why should they restrict their distribution medium? Online distribution has been around for years now and they have not moved a single inch in the direction of their customers so what are the customers to do?

      I've been involved in the production business and I can tell you the studios know when a movie won't make any money before they even shoot the first scene. Why are they then producing the movie? Because they know someone will watch it? How many movies didn't make a profit in the 80? How many movies were being produced then? Is that ratio greater than it is now? I don't know.

      I do know one thing though, They made 4 From Dusk Til Dawn movies and god knows how many universal soldier movies. The number of remakes is obviously on the rise and you have movie execs admitting they been putting out garbage. There was a slashdot on that a little while back. They can and do produce movies they know they are going to take a loss on and they pay their actors millions for what? Friend of mine is a small time actor doing it cause he loves it. He also works at an art gallery to supplement his income. Why does he make a couple hundred for an appearance while others make millions? Sorry but the system isn't fair, the customers see that and some will counterbalance making it more fair. Of course that causes a spiral in the wrong direction.

      So now the more pertinent question. What can customers do to make the movie studios change? We already don't go to theaters to see bad movies and we only rent them or buy them out of the $5 dvd bin, now how are they making their money back on that? Let's use the Waterworld example. How much did it cost to make that? Do you really think piracy had even the smallest impact on its sales?

      And now let's bring this whole issue back to home. You say no one would produce the movies if they weren't getting money? What about Linux and all the FOSS out there?

      Don't get me wrong, I'm not saying it should all be free but there is definitely a happy medium. I think on the whole movie prices are far more reasonable than music cd prices considering the difference in production costs. If it costs 20 million to produce a film then you only have to sell 20 million dvds are $1 to make your money back. That includes staffing, equipment rentals, film, and everything else they need. Yeah some movies cost more to make, so they should cost more at the end. Although the reality is that they don't. IAGPT is example of a movie costing very little to make but it costs $20 at the store. The quality of the movie made it acceptable for me to pay that price especially because I know it doesn't have wide distribution.

      None of this adds up, the movie industry has lost touch with how it began when you see Quintin Terantino repackaging Hero and selling the DVD for $20 just as if he had made the movie. Granted he probably didn't set the price but somewhere along the line the end cost has to be justified. Until it is you will see people pirating in an attempt to balance it all out whether they intend it or not.
    60. Re:Selection... by MrShaggy · · Score: 1

      The license is that you wont distribute copies. Your right in the fact that it's 'buyer beware' but thats for most things now. You can always sell the movie on Ebay, or take it to a used cd/dvd store. At least that way, you're not totally losing out.

      --
      I have mod points and I am not afraid to use them.
    61. Re:Selection... by Vancorps · · Score: 1

      Where did I agree not to distribute the cd? Negotiations have to happen before the sale, not after. I agreed to no such clause, it just seems to be understood.

    62. Re:Selection... by MrShaggy · · Score: 1

      The copyright notice, however small is usally on the back. However it is assumed that you would know, there are plenty of opportunities to be aware, not to mention the ubiquitous 'for private viewing' notices. I think that nowadays you can assume a license is in place, then not on most things.

      --
      I have mod points and I am not afraid to use them.
    63. Re:Selection... by Vancorps · · Score: 1
      The copyright on the back doesn't prevent me from distributing it. It prevents me from profiting from distributing it. For example, I can make a copy for a friend to view.

      I just read the back of a dvd movie and it only says that this movie has not been authorized for distribution outside the United States at this time. Distribution implying that I would profit from the sale to someone outside the USA.

      So there is no agreement that says I can't copy this around all I like.

      Can't assume a license is in place. It needs to be displayed outright so that I can agree to it before I purchase it. Its plain and simple.

      XM has pretty much put a stop to any music downloading I used to do. Got all kinds of music stations there that I can listen to all day. Its great stuff and has introduced me to some artists I never knew about. Then of course I look for their CDs usually have to buy online because local shops have such a small collection. Too bad there isn't a movie equivalent of this. I pay $90 for cable with premium movie channels. I get maybe 20 movie stations compared to XMs 250 music stations for less than $10/month. Maybe they'll catch up eventually.
    64. Re:Selection... by laughingcoyote · · Score: 1

      Actually, the apple tree here is the proper analogy, the apples in the bin are not. The apples in the bin are an appropriate analogy to stealing a real, physical DVD out of a store. But that's the problem with equating copying and theft-they're not the same thing, no matter how much nastier "theft" sounds then "copying" or "copyright infringement". If you have to use inflammatory terms to make your case, rethink your case.

      Earlier posters were also correct when they referred to artificial scarcity. Physical products (apples, cars, what have you) are naturally scarce-if a store has 50 to sell, then once those 50 are sold, or given away, or stolen, there's no more for anyone. On the other hand, digital copies are not naturally scarce-if I give someone a copy, and we both give someone else a copy, and then all 4 of us give someone else a copy, and so on, the potential supply -increases- with every new copy made. If someone "steals" a copy of a file from my hard drive, I've still got the original, and if I give one away, I've still got my own as well. Information is not a naturally scarce resource. This is, again, why copyright infringement does not equate to theft, and copying a digital file doesn't equate to moving a physical item.

      Copyrights were established in order to give artists and inventors incentive to make art, and invent. They may even be necessary to some degree for that. But why life+70, or 75 years for a corporate copyright? Anything made is either going to turn a profit in 5 years or never will. So why are we extending copyright for so damn long? Why are we allowing mathematical formulas (guess what, that's all software) to be patented, when that's -specifically- banned?

      I think the problem here is not that copyrights and patents are inherently bad (they can have a benefit), but that they are out of control. They are also looked at the wrong way. They are supposed to work toward maximum benefit of the PUBLIC, -absolutely not- toward the maximum benefit of the "rights" holder. They are supposed to give the MINIMUM that will incentivize a decent amount of creation, not set it up so that the creator can wring every last nickel out. And what way does Joe Average have to meaningfully protest aside from civil disobedience?

      You tell me the **AA's would fold up shop if they only had 5 years to sell their stuff-that's when they make the vast majority of their profit off of it. Yes, occasionally, they might sell a "greatest hits" album or something later on, but they're still plundering the public domain for the sake of a few extra bucks. A rich public domain is just as, or more, important to creativity as is the opportunity to get rich.

      --
      To fight the war on terror, stop being afraid.
    65. Re:Selection... by ScentCone · · Score: 1

      Sorry, but we got into the apple discussion somewhat obliquely. I responded to a comment's use of the apple-tree analogy (one that's commonly used in discussing piracy), but took the apple example merely to respond to another point in his comment. Specifically, he trotted out the old "why can't we just pay what we think things are worth?" canard. Well, you can, if someone (such as the grocer with the apples you want) is willing to sell them at that price.

      The guy is trying to rationalize not paying for his entertainment by saying that he thinks the prices on some movies are too high (by obvious, objective evaluation of their quality, though he doesn't mention whether or not his particular taste should set the market price for everyone), and indicating that since a sliding price-per-quality-quotient would be appropriate, that simply not paying for what he wants is reasonable. That line of thinking is full of logical nonsense on a lot of levels, but I reduced to something as simple as walking into a merchant, not liking the price, and then unilaterally deciding that it was OK to put the item in your pocket, as a form of price adjustment.

      Incidentally, makers of things like high-end produce and wine and fine cheeses absolutely could make more of those products, but they opt for "artificial" scarcity to maximize the returns on a certain level of effort, and to keep demand up. That happens all the time in the physical world of merchandise, and stealing it as a show of protest (instead of going into business to make more of whatever you think is too scarce/expensive) is just as irrational as enslaving your "favorite" musician or film actress.

      --
      Don't disappoint your bird dog. Go to the range.
    66. Re:Selection... by laughingcoyote · · Score: 1

      However, that's a different form of artificial scarcity (although still a valid one). At the end of the day, they might be able to produce more wine then they do produce, but their production still has a fixed limit (the amount of grapes available to them, how many barrels they have to ferment them, the physical size of their facility, etc.) They are, however, not prohibited by law from making any more, nor is anyone else forbidden to make an identical product in larger quantities.

      I personally don't care-I can find enough genuinely free stuff that I don't care to watch Hollywood's movies or listen to the RIAA's crap, for free or otherwise. I know where to get Windows for free, it's not hard, but I'd still much rather use Linux-even if Microsoft started giving away free CD's tomorrow. However, it's rather silly to oppose the inevitable, and that's what we see happening here. The computing power in the world today is sufficient to make multiple copies of anything which can be put into digital form, and it's already happening. It may be true that new technology may be detrimental to some businesses which modeled themselves based on the old, this is almost always the case when technological revolutions occur on a large scale. However, it is the job of those businesses to adapt to the new technology, not to legally and technologically cripple the capabilities of it.

      Before computers, copyright was largely a regulation on industry, and that's why it was generally fine with most people. It may've been technically illegal to make a copy of a cassette tape for your friend to listen to, but no one complained. No one had a problem with it being illegal for someone to make thousands of copies and sell them at the flea market.

      However, what was generally objected to was making a -profit- off someone else's work-not just sharing it. Before, there would've been a cost to doing so large-scale, a thousand blank cassettes would cost a non-trivial amount of money, and take a non-trivial amount of time to put copies onto. Of course, technology inevitably automates labor-intensive activities, and a side-effect of the computer's automation of mathematical computations is that it can easily copy anything and everything that can be expressed as bits. This is simply how a computer operates, and you really can't change that without crippling the computer. Nor will DRM work-it violates basic cryptography. You can't DRM something strongly enough not to be copied, ever, because by definition, you -must- give the message, cipher, AND key to the people buying the end product!

      Should we, then, just eliminate copyright? I don't know. I don't think totally. It might be better to go to a "collective licensing" model and establish a massive ASCAP organization to collect. It might be solved through taxes on certain items distributed in a similar manner. It might be solved through compulsory licenses on everything. It may be a combination of those things, or an even better solution that's out there just waiting for the right person to come up with it. If I had that perfect solution in my head, I'd be the first to put it out there.

      One thing that is for sure, though-when a law is broken so widely that those breaking it are generally looked at as average citizens, rather than criminals, you'd better change that law. Otherwise, it makes the entire body of law look foolish. I'm sick of the legal system restricting things that are such common practices that it in effect makes the entire population into a criminal one way or the other. It dilutes the effectiveness of the law as a whole, and it dilutes the will of the people to assist law enforcement in apprehending and convicting genuine criminals.

      As to the argument of the "sliding scale"-in effect, I disagree with both of you. I don't agree that if something is priced too highly that you generally have the right to take it anyway, but I also don't agree that copyright infringement constitutes a "taking" or a "theft" or any of those other fashionable but wrong t

      --
      To fight the war on terror, stop being afraid.
  3. Next Gen p2p by VAXGeek · · Score: 5, Informative

    All actions like these do is force development of next gen p2p like Mute Filesharing.

    http://mute-net.sourceforge.net/

    --
    this sig limit is too small to put anything good h
    1. Re:Next Gen p2p by harlows_monkeys · · Score: 4, Insightful
      All actions like these do is force development of next gen p2p like Mute Filesharing

      All it will take to totally bust systems like that is a small change to the law, to make it so that if you operate a system participating in such a p2p network, you are liable for infringement using your system.

      Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally, it will be easy to get such a change to the law made.

    2. Re:Next Gen p2p by JustAnotherBob · · Score: 2, Insightful

      How about distribution political criticism, anonymously? Under the current political climate,(Usage of a grand jury to indite members of the press, to disclose their sources, with threats of imprisonment for noncompliance), if they had their way I'm sure they would most certainly like a proposition that you suggested to become law. But the last time I checked, the US Constitution's 1st amendment provides us with freedom of the press, which to my understanding, included the internet as such a publication medium.

    3. Re:Next Gen p2p by Teckla · · Score: 3, Informative

      All actions like these do is force development of next gen p2p like Mute Filesharing.

      MUTE looks even worse than BitTorrent. If you participate in the network, even if you personally never download anything illegally, copyrighted material may be flowing through your connection. I'd worry about being held liable for copyright infringement just by knowingly and willingly allowing my connection to be used in this way.

    4. Re:Next Gen p2p by Richard_at_work · · Score: 2, Insightful

      So they should just give up?

      Why is this sort of comment always very near the top of slashdot comments in all stories to do with a P2P user being convicted of copyright infringement? Wheres the comments denouncing the act of copyright infringement that took place? This person broke some laws and is being punished for it, and the top thing on slashdot is how to avoid being caught. Wonderful.

    5. Re:Next Gen p2p by nate+nice · · Score: 2, Insightful

      They would laugh your argument right out of the courtroom. And yes, the first amendment allows rights to speech, but if you say the wrong things, it can be held against you. You can speak out agaisnt the president, but you cannot talk about ways to kill him.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    6. Re:Next Gen p2p by Jherek+Carnelian · · Score: 4, Insightful

      Yes you can. You just can't threaten to do it. Just like you can't threaten to do it with anyone else. The only difference is that he's got his own security force actively looking for threats and running them down while most everyone else won't even know they've been threatened unless you do it to them directly and they have to go to the police and courts themselves.

    7. Re:Next Gen p2p by brainburger · · Score: 1

      You wouldn't be knowingly doing so though, would you? - At least, not with specific infringing items.
      Otherwise, why aren't ISPs and backbone providers prosecuted for allowing infringement?

    8. Re:Next Gen p2p by DaPoulpe · · Score: 1

      Then again you could just be paranoid and don't want your IP address all over the world.
      I don't think the CNIL would allow such a change in France.
      Can't speak for the rest of the world though...

    9. Re:Next Gen p2p by the+unbeliever · · Score: 1

      Because they've been granted common carrier status, just like the telephone companies.

      I don't think my home computer can be granted that status.

    10. Re:Next Gen p2p by 1u3hr · · Score: 2, Insightful
      . You can speak out agaisnt the president, but you cannot talk about ways to kill him.

      Of course you can. You can even make movies and TV shows about it (at least once a year on The West Wing and 24). You may well be harassed, but if it's not an actual threat, you won't be sent to the Gulag (unless you're a Muslim, that is).

    11. Re:Next Gen p2p by morgan_greywolf · · Score: 4, Insightful
      Define a P2P network. The typical definition revolves around the idea that all nodes are both client and server. I could easily make an argument that the Internet itself is a peer-to-peer network (and it would be true). Most modern LANs are essentially peer-to-peer in nature.

      Now define an anonymous peer-to-peer network. One that uses some different routing rules to try to disguise which hosts are requesting what? Hey, doesn't that sound familiar? The use spoofing and zombies and whatnot to disguise where an attacker is coming from? Oh yes, that's the Internet, too.

      They can try to pass such laws, but the fact remains that these networks will continue to exist because 1) they will become to widespread to stop, and 2) such a law could easily be eaten for lunch by an enterprising barrister.

    12. Re:Next Gen p2p by Iriel · · Score: 2, Informative

      Not just that, it's going to provoke lawyers to find ways around the precedent set by the Sony/Betamax case. It is already established (in the United States) that a technology cannot be outlawed simply because it allows someone the capability to commit piracy. However, with the recent Grokster ruling (which the US paid close attention to), you can be shut down if you grant the ability and endorse it.

      Now they're going to try to take that old site post by Bram Cohen (which was a satire of the cypherpunk manifesto), and try to find a way to 'prove' that he once endorsed piracy. If they can manage to pull that off, we're all in for a world of hurt.

      --
      Perfecting Discordia
      www.stevenvansickle.com
    13. Re:Next Gen p2p by Anonymous Coward · · Score: 0
      I don't think my home computer can be granted that status.
      Sure it can. You just have to follow the same rules(and they aren't that hard to follow).
    14. Re:Next Gen p2p by nine-times · · Score: 1
      Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally, it will be easy to get such a change to the law made.

      And the freedom of speech? Why would we need that stipulated in the constitution? There's no reason to need freedom of speech except when you want to say something that people don't like anyway. Right?

    15. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      "Wheres the comments denouncing the act of copyright infringement that took place?"

      HEY! This is Slashdot! We'll have none of that "honoring the rights of the copyright holders" here!

      Haven't you heard? Information wants to be free, as in beer! Besides, it's all commercialized consumer crap, and none of us would have bought it anyway! Oh, and they charge too much, and we can't afford to be entertained and to eat, too! Anyway, they don't provide it in a convenient, politically correct, form, either! And, they don't pay the artists enough, despite the fact they entered into legal contracts dictating payment terms! Also, we'd buy it, if the price was fair, in our estimation! Besides, it doesn't cost them anything when we download it via BitTorrent because they aren't paying for the bandwidth! We PAY for our Internet connections, too, and all it is is collections of ones and zeroes anyway! And, real artists don't create for money!Some of us are artists, too, and release everything that we create for free, so everyone else should too! And if they don't, we're entitled to it anyway, because information wants to be free! And, copyright laws are bad and oppressive and infringe on our right to be entertained! So, we're actually engaging in civil disobedience, just like back in the '60's when all those poor oppressed Black people marched for their civil rights! We have the right to be entertained for free, and the greedy corporations are denying us! We're standing UP against THE MAN!

      Did I miss anything?

      What a sad, pathetic place Slashdot has become. The editors post copyright related stories, ad infinitum, usually under "Your Rights Online", no less, with a cynical eye towards revenue generation, knowing that all the spods and wannabes will salivate at the chime of the copyright bell.

      And here's the ultimate in irony: It's all done in the name of money generation... simple honesty at this point should compell someone to redirect http://slashdot.org/ to http://slashdot.com/, instead of the reverse.

      Hypocrites.

    16. Re:Next Gen p2p by KDan · · Score: 1

      Actually, the solution to that problem is simple: the "anonymizing net" (something like Freenet, for instance) needs to be substantially used for other activities. If all the geeks around the world start using Freenet to browse the web instead of http, then suddenly it will be effectively impossible to ban. This is the same mechanism by which the **AA can't "shut down the internet" to protect its interests. There are too many non-infringing uses, too many financial dependencies on it. They will only be able to make the Freenet-like network illegal if it's only used for p2p.

      Given that a Freenet-like network does not allow people to see what traffic they're transmitting, it will be impossible to shut down a node without shutting down many non-infringing nodes.

      Bear in mind that at this stage, we do not need to have everything go through Freenet - only the torrents. By the time the **AA starts actually connecting to torrents to figure out who sitting there downloading and uploading, cpu power and bandwidth will have hopefully reached the level where we can finally move the whole thing onto a Freenet-like net. Once that's the case, the **AA will be well and totally screwed.

      Daniel

      --
      Carpe Diem
    17. Re:Next Gen p2p by m50d · · Score: 2, Interesting
      Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally, it will be easy to get such a change to the law made.

      No, they also have an advantage when distributing stuff legitimately that you don't want people to know about, like fetish porn.

      --
      I am trolling
    18. Re:Next Gen p2p by ronocdh · · Score: 5, Insightful

      Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally, it will be easy to get such a change to the law made.

      That's like saying only criminals have things to hide, therefore good citizens will not mind a compulsory search and seizure. "You want a warrant? What are you, a terrorist?" We have a right not to show the government everything we do. That doesn't make it illegal.

      Hey, at least we got buttsex back from the Republicans.

    19. Re:Next Gen p2p by Iriel · · Score: 1

      The reason most people may as well be posting tutorials on avoiding the feds is because a lot of p2p downloaders are convinced (possibly rightly so) that the (MP|RI)AA is killing creativity and price gouging so that must mean we're entitled to steal (probably not, if you're pissed at the industry, boycot it).

      What I can sympathize with this case is that if lawyers can find a way to 'prove' that BT endorsed piracy at one point, it could face a very real threat of being shut down. I use Linux and have tried several distros, but even with a DSL line that's a quarter of a mile from the provider, BT is my friend. I love using it to get new distros, and large packages that can't be easily downloaded otherwise. It's a shame that it has become the medium of choice for piracy, but there are plenty of people who don't want to see bittorrent shut down for very legitimate reasons.

      --
      Perfecting Discordia
      www.stevenvansickle.com
    20. Re:Next Gen p2p by schwaang · · Score: 1
      ...eaten for lunch by an enterprising barrister


      Anybody besides me have flashbacks to the original Star Trek (despite the misleading subject line) after reading this ?
    21. Re:Next Gen p2p by Kjella · · Score: 2, Informative

      Because they've been granted common carrier status, just like the telephone companies.

      I don't think my home computer can be granted that status.


      1) They are not granted common carrier status, it is exceptions in copyright law, paragraph 512.
      2) If you set up a router/cache server in your LAN, you are already using two of the exceptions, a) and b) which are for routing and caching respectively. They are very easy to get and may apply to anonymous networks.
      3) Exceptions c) and d) are used for hosting and information location (think homepage and google). They are much harder to get, then again you don't need those.

      --
      Live today, because you never know what tomorrow brings
    22. Re:Next Gen p2p by harlows_monkeys · · Score: 1
      How about distribution political criticism, anonymously

      That's easy to do with non-anonymous systems, such as BitTorrent, or the web. For example, the author of the criticism can use an anonymous remailler to mail his article to a web site, or to someone who has offered to distribute such things via BitTorrent. The recipient can then examine it, see that it is not actually just a rip of the latest blockbuster movie, and put it on a web site, or make it available on BitTorrent.

      Also, a law making system operators liable for infringement done using their systems could easily be written so as to just cover copyright issues, and avoid getting anywhere near a first amendment issue.

    23. Re:Next Gen p2p by Lord+Kano · · Score: 1

      Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally, it will be easy to get such a change to the law made.

      Also, the anonymity is a boon to those who wish to disseminate politically unpopular speech. For example, Fred Leuchter has become a pariah. He didn't do anything illegal, he just came to one (almost certainly false) unpopular conclusion.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    24. Re:Next Gen p2p by bugbread · · Score: 1

      No, that's more like saying "since people think only criminals have something to hide, and as good citizens that compulsory search and seizure is nothing to mind, it will be easy for them to get such a change to the law made".

      Describing something bad does not mean agreeing with it. That a shift to these systems would make it easier for a law to be passed quashing them is unfortunate. But being unfortunate doesn't make something thereby untrue, and saying something is true is not saying it's a good thing.

    25. Re:Next Gen p2p by Lord+Kano · · Score: 1

      They can try to pass such laws, but the fact remains that these networks will continue to exist because 1) they will become to widespread to stop, and 2) such a law could easily be eaten for lunch by an enterprising barrister.

      I wouldn't bet the farm on that one. Remember, when the government wants something done, it finds a way. It doesn't matter where you are, this truth is universal. Be it in the US or the UK or any other nation on this planet.

      Being from the US, I can only give specific examples from the US but the two that first come to mind are the FACE act and the USA PATRIOT act. Both of which impose unconstitutional restrictions on free speech and freedom of association but the administrations in control at the time wanted them and found a way to get them.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    26. Re:Next Gen p2p by thrillseeker · · Score: 2, Insightful
      it's not an actual threat, you won't be sent to the Gulag (unless you're a Muslim, that is).

      Odd. I know quite a few Muslims who are unhappy about US policies, and none of them are in a "gulag". Perhaps you want to paint the US government with a broad brush of hatred of Muslims, leaving out the small matter that the people at Guantanamo were all captured on the battlefield against US soldiers, operating under the control of no nation, not signatories to any of the Geneva conventions, are not US citizens, and in many cases have been shown to have attended training events on terrorism tactics.

      But, what the hell - don't let facts and actual threats from terrorism get in the way of pimping for some anti-US "Insightful" points.

    27. Re:Next Gen p2p by LOTHAR,+of+the+Hill · · Score: 1

      Especially since I dont consider bittorrent to be a p2p application. It's a file transer protocol wrapped in a distributed-client/server sample application. The server hosts the files and the clients assist in downloading. There is no mechanism for sharing files between clients in the original application or protocol. The protocol can be implemented in a p2p application, but the original bittorrent app is not a p2p application.

    28. Re:Next Gen p2p by baadger · · Score: 1

      Anonymous political discussion is surely very small part of any noteworthy political movement. Anyone can criticise the government but it usually takes someone with balls to take bold and public action before anyone actually cares enough to bring about change.

      The ideal network for such things is a normal one which isn't known to to the opposition (the authorities) and has a trust system built around it. Simple as that. If you create an solely anonymous network like freenet, you're begging for negative attention. Eventually someone will come to the conclusion that this thing is more bad than good and shut it down/firewall it (China style, I doubt there is a P2P protocol out there that can't be blocked more easily than such a block can be evaded).

      If you can't ensure your network is going to stay secret your only real defense is to load it up with good stuff so it becomes infeasible to shutdown. Commercial interests are ideal for this. There is alot of nasty shit on the net, but you can't get rid of it all for sheer volume without interferring with the 'good' stuff too.

    29. Re:Next Gen p2p by grumbel · · Score: 1

      ### Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally,

      Can't say about Mule, but one of the things I love about Freenet is that it totally gets away with central data storage, everything you upload becomes parts of the network and is requestable via a its checksum. The nodes share content completly automatically, so once something is uploaded nobody alone needs holds it. With Bittorrent or basically most other non-anonymous P2P on the other side content is still hosted centrally and people have to take care about what they want to make available to other, with Freenet on the other side you just say 'here is some free diskspace, use it for whatever you want'.

    30. Re:Next Gen p2p by cayenne8 · · Score: 1
      "Sure it can. You just have to follow the same rules (and they aren't that hard to follow)."

      I'd think so. What off the top of your head are the rules to be followed in order for anyone to have 'common carrier' status? Any links out there?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    31. Re:Next Gen p2p by Moofie · · Score: 1

      "Remember, when the government wants something done, it finds a way"

      Wow. What government are YOU talking about? MINE fucks everything into a cocked hat with unintended consequences...

      --
      Why yes, I AM a rocket scientist!
    32. Re:Next Gen p2p by hazem · · Score: 4, Insightful

      I'm way off topic here...

      that the people at Guantanamo were all captured on the battlefield against US soldiers, operating under the control of no nation, not signatories to any of the Geneva conventions, are not US citizens, and in many cases have been shown to have attended training events on terrorism tactics.

      While your points may be correct, it's difficult to substantiate. The administration says this is the case, but we have no way of verifying it.

      But, let's assume that all your points are correct. Given that, while it may be legal to do whatever we want with them, is that really what America stands for? Indefinite detention? No legal representation? Harsh conditions and treatment? Alleged torture?

      We have other places too, like Diego Garcia, and probably many more.

      These places and ways of treating people are not what I think of when I think of the grand ideals my country was founded on. These are not the things I joined the military to defend. These things are what we accused the Soviets and other communist countries of doing - and held them out as reprehensible. It's disgusting and shameful that our country would act in such a way, and then be brazenly proud of it.

      I'm ashamed of what my country does and I'm angry that there seems so little that Americans with a conscience and sense of true patriotism can do about it. And I'm saddened that so many Americans think it's okay that our country does these deplorable things.

      Doesn't it bother you that just because the administration has declared someone to be an "enemy combattant" that such a person has no rights and no protections, and that our government feels it has free-reign to abuse and detain them indefinitely?

    33. Re:Next Gen p2p by Moofie · · Score: 2, Insightful

      Just out of curiosity, could you please show me in the Constitution where the due process provisions only apply to citizens of the United States?

      --
      Why yes, I AM a rocket scientist!
    34. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      Illegal distribution of copyrighted material is in no way associated with the Freedom of Speech.

    35. Re:Next Gen p2p by Cctoide · · Score: 1

      You can even make movies and TV shows about it (at least once a year on The West Wing and 24). You can't threaten the president, unless it's in fiction. That's why several books have been written as "real" fiction as a way to make such threats.

      --
      "Let's face it, it's a good story. Accuracy would kill it."
    36. Re:Next Gen p2p by shmlco · · Score: 1
      "Once that's the case, the **AA will be well and totally screwed."

      No, the Freenet will be well and totally screwed. Move all piracy activities onto it, and any and all participants will be shut down by law, most likely by simply shutting off ISP access for a period of time.

      It's not enough that pirates have forced those of use who don't steal content to contend with DRM. Now you want to screw up yet another good thing?

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    37. Re:Next Gen p2p by UnrefinedLayman · · Score: 5, Insightful
      the people at Guantanamo were all captured on the battlefield against US soldiers, operating under the control of no nation, not signatories to any of the Geneva conventions, are not US citizens, and in many cases have been shown to have attended training events on terrorism tactics.
      So, what, is war now something that you can't go to without first passing some tests? People aren't allowed to defend their land from invasion by a foreign force without first checking in with the head-office and reading "7 Habits of Highly Effective Soldiers" and "Everything I Ever Needed to Know I Learned at the Geneva Convention"?

      I think people are quick to dismiss the rights of those held in Cuba; if our places were reversed and it was a Middle Eastern country invading the US to spread Shariah Islamic Law, would you be so quick to condemn your countrymen--fellow citizens--caught fighting that force? Because they're disorganized and haven't been through boot camp?

      The fact is those people were defending against invaders, ideological differences aside, and were not wealthy enough to have a highly-organized and well-trained militia like much of the rest of the world. Just like many Americans don't feel the government adequately represents their interests abroad, it's certainly within the realm of reason that some of those individuals did not feel Osama bin Laden represented their interests in attacking the US, but when a counter-attack was launched it was a matter of defending their home and way of life.

      Being poor requires fighting face-to-face and with short-range mortar and explosives, not invisibly from the skies like Americans, and these people resorted to whatever tactics were necessary to muster a defense against invaders. In my opinion (whose weight is questionable), it is much more a terrorist act to strike at an enemy from the sky without fear of retribution than to fight him on level-ground, face-to-face. At least when you can see your enemy you know who you've killed, instead of accidentally exploding a wedding party.

      The reasons you're giving for giving the OK for locking up these prisoners of war sound an awful lot like the reasons given for rounding up and imprisoning or killing Native Americans (and I have therefore a hard time accepting that). My point behind replying is to say that the quickness with which you determine guilt and innocence can easily be turned on you and the ones about whom you care. Justification of the treatment is justification of your own treatment.

      I am not speaking regarding the rest of your post (which may or may not have merit).
    38. Re:Next Gen p2p by MP3Chuck · · Score: 1

      That is, of course, assuming that fetish porn is allowed to remain 'legitimate.'

    39. Re:Next Gen p2p by AvitarX · · Score: 1

      If being captured on the battlefield against US soldiers is enough to hold someone why do their other rights need to be stifled?

      maybe for example they were working as a doctor on the battlefield in a humanitarian capacity. We will never know, and any innocents among them (and with that many people I would be dollors to doughnut that there are at least a few) will never even know what they supposedly did.

      The UK citizens should certainly be returned to their homeland, or tried in America.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    40. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      Oh please!

      The fundamental article of faith of the Muslim religion is to convert or kill the infidel. So a Muslim who talks about killing the President should be in prison. The truth is sometimes unpleasant but the world should wake up to the Muslim threat.

    41. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      Hey, at least we got buttsex back from the Republicans.

      That's what I call a pyrrhic victory.

      kidding! kidding!

    42. Re:Next Gen p2p by Kjella · · Score: 1

      Since these systems have no advantage whatsoever over non-anonymous systems like Bittorrent except when being used to distribute material illegally, it will be easy to get such a change to the law made.

      Actually, the network designs I've seen have several considerable advantages:
      1) Persistance. Many times a torrent will die before reaching 100%. With a caching anonymous network, you can get a file even if noone is seeding or peering at the moment, as long as it hasn't expired from the network.
      2) Unified network. There could easily be five torrents with the same file around the world. Most anonymous networks operate as one, so each person uploading will help all people downloading.

      Of course, neither really make up for the user-unfriendlyness or rotten speed, but it's not like they are inferior to torrents in every way. Besides, most people seem to prefer anonymity. Take a quick slashdot poll: How many here are either ACs or use some sort of nick rather than their own name. Alright, so you only get an IP from current p2p networks. It doesn't take a warrant to connect a name with that IP though, I only need to find some service where you're not anonymous with the same IP.

      Try outlawing anonymity on the Internet. Our equivalent of the FBI was laughed out when they wanted to ban anonymous e-mail. Yes, try banning hotmail, yahoo and so on *roll eyes*. If anything, they have completely lost it with free WiFi. Many many places offer it now as a convienience, for free or if you pay a few bucks for a cup of coffee or a burger. That's not counting all the unsecured networks. If you live in apartment blocks, there's no need to go wardriving. You're likely to have several just from your apartment. The cat isn't just out of the bag, it's had kittens and they're multiplying.

      --
      Live today, because you never know what tomorrow brings
    43. Re:Next Gen p2p by thrillseeker · · Score: 1
      In 1942 the US Supreme Court ruled:

      The ... enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed ... to be offenders against the law of war subject to trial and punishment by military tribunals.

      President Lincoln used military tribunals to try US citizens committing espionage against the Union.

      In November 2001 the President authorized the use of military tribunals for non-US-citizens whom the President has determined are engaged in international terrorism that threatens the United States. Historically, he did not need to the non-US-citizen restriction.

      Until Congress or the Supreme Court overrides the President this is the approach the administration will take. These illegal combatants will be questioned and tried at the pace the military deems fit, being held and questioned as needed for additional intelligence information. Upon their eventual trial they will be convicted or released.

      These people were not acting as citizens of another country. A few countries have asked for release of those who hold their citizenship. The US has taken the postion that each case will be handled individually.

      If you don't want to be treated as a terrorist, don't take up arms with terrorists.

    44. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      That's because many of us don't think downloading an .mpg of the movie is morally wrong. If you're downloading them, burning them to DVD's and selling them on eBay or the corner of your street, then I would agree that harm has been done.

      If copyright's weren't excessively and unconstitutionally long, this wouldn't be a problem, the studios would still be making millions, and yes, the studio engineer would still have a job (maybe more jobs!)

      The difference would be: less shit movies. Studios rely on special effects and pop-stars to make 'hits'. If the studio can't afford the risk of paying for crazy uber special effects, or Brad Pitt's ass, then you'd see more movies with less filler, and new talent.

      Copyright was created to promote science and the arts, not guarantee Jennifer Aniston several million dollars per episode. Corporate lobbists have been successful in getting legislation approved which protects their paychecks. So this is the result.

    45. Re:Next Gen p2p by Moofie · · Score: 1

      So, in other words, there's no Constitutional basis whatsoever for the abridgement of due process. I also looked for the word "citizen" and "terrorist", and I couldn't find those either.

      OK, that's kinda what I thought. Thank you!

      --
      Why yes, I AM a rocket scientist!
    46. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      How are they going to shut it down? You don't need an open to the public web based tracker interface to bittorrent. It's a cycle. If they were 'successful' in killing p2p, it still wouldn't be dead- the mainstream user wouldn't be using it, but I can promise you that the 31337 underground guys will still be trading.

      Maybe we should just fix our copyright laws so they promote science and the arts instead of protecting Jennifer Anistons salary. Copyright should be 5-10 years from publish date. The bulk of any projects money will be made in that time period, and it keeps it current enough that others can run with the idea and expand upon it.

      If you've made your money on your work, why wouldn't you want people to see it and expand upon it?

    47. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      Yes, well some of us actually have a constitution that would prevent such a "small" change to the law (Sweden). Systems like these are useful for any kind of data distribution and communication where you would like some privacy. Encrypted communication is not illegal (yet), thus systems like these cannot be outlawed. And when they outlaw encryption, we have more serious problems than pirating movies on our hands.

    48. Re:Next Gen p2p by Kjella · · Score: 1

      However, with the recent Grokster ruling (which the US paid close attention to), you can be shut down if you grant the ability and endorse it.

      In general, you'd think the US would pay close attention to the US Supreme Court. But I digress. There's a reason the Grokster ruling was 9-0. "This is $OBJECT. It lets you do $ILLEGAL" "You're under arrest." "But I was only selling $OBJECT" "No, you were selling it as an $ILLEGAL tool". That's why you don't see people selling "pot pipes" or "killing spree shotguns". While I don't think Grokster has done enough that they should be found guilty, it would have been completely absurd if they rejected the lawsuit on a general basis. If they had, you could run ads like this:

      "Download the latest top 40 hits! See the latest Hollywood blockbusters! Watch your favorite TV shows in DVD quality. Get all your applications, get the latest games here! It's all here, all free. Download now!" and it would be technically legal because the tool only enables you.

      --
      Live today, because you never know what tomorrow brings
    49. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      Oh stop being a lying sack of shit... What's next, are you going to tell us that Jews must use the blood of Christian babies is their baking or that they have sex through a hole in a sheet!? Stop spreading bullshit lies while claiming that you are telling the 'truth' and saying that everyone else needs to 'wake up'.

    50. Re:Next Gen p2p by thrillseeker · · Score: 1
      So, in other words, there's no Constitutional basis whatsoever for the abridgement of due process.

      You do yourself poorly by twisting words. There was no statement that due process has been abridged, for either citizens or noncitizens - a military tribunal is not a violation of due process. Not all crimes against the US require trial in the civil court system. The application of a military tribunal has a long history and has never been shown to be in violation of the Constitution. There are many historical precedents for their application, and the current administration has even restricted their use to non-US-citizens, of which historically there has been no such restriction.

    51. Re:Next Gen p2p by d34thm0nk3y · · Score: 3, Insightful

      I completely agree and would like to add something:
      the people at Guantanamo were all captured on the battlefield against US soldiers, operating under the control of no nation, not signatories to any of the Geneva conventions, are not US citizens, and in many cases have been shown to have attended training events on terrorism tactics.

      Sounds just like the US war for Independance. A bunch of non-uniformed rabble using geurilla (sp?) tactics to defend their home.

    52. Re:Next Gen p2p by TheoMurpse · · Score: 0, Flamebait

      But that has always existed. It's called being an accessory, and you can be held liable vicariously through whom you were an accessory to for anything they have done. Read the section in the link a couple paragraphs down on Common Law.

      For example, if I help plan a murder with my buddy, then he does it, I'm an accessory to murder, and can be held guilty of murder even though it may have been committed somewhere I never went. If I was there, then I'd be an accomplice to murder.

      Now, if a company says, "Hey, please have fun infringing copyright with our software," then they are guilty. As they should be. The Grokster ruling is nothing new, and the EFF is only making a big deal about how it sets a dangerous precedent in order to save face.

    53. Re:Next Gen p2p by Moofie · · Score: 1

      "a military tribunal is not a violation of due process" You say that. Abraham Lincoln might have said that. I happen to disagree. I'm pretty sure I'm still allowed to do that.

      "has even restricted their use to non-US-citizens" Except for ones named Jose Padilla.

      How many "detainees" have actually had a military tribunal? How many have been found to be poor schlocks in the wrong place at the wrong time?

      Denying representation and speedy trial to ANYBODY is a Bad Idea. I don't care WHAT they're accused of: If the government can't make the case, they should be freed.

      --
      Why yes, I AM a rocket scientist!
    54. Re:Next Gen p2p by Zordak · · Score: 0, Offtopic

      I'm not going to take sides in the debate over the Gitmo detainees, but it is far from settled what protections and privileges they enjoy. You may want to look at United States v. Verdugo-Urquidez at 494 U.S. 259. If you don't want to read the whole case, there's a very brief summary here. In general, the protections of the Constitution apply to citizens or aliens within the territorial jurisdiction of the United States who are "part of the national community." These guys are battlefield detainees being held as prisoners of war. They are not in the territory of the United States voluntarily (as was the case in Verdugo). I'm not sure our Constitutional jurisprudence guarantees them much of anything (I'm not saying that's right or wrong, just that it is). Also, these combatants are not sponsored by any state, so (in the Administration's analysis) they're not even subject to the Geneva convention. I'm not a constitutional scholar (so anyone who is can feel free to correct me), but I'm not aware of any precedent that grants enemy combatant POWs any of the rights and privileges of citizens.

      --

      Today's Sesame Street was brought to you by the number e.
    55. Re:Next Gen p2p by d34thm0nk3y · · Score: 1

      Why is this sort of comment always very near the top of slashdot comments in all stories to do with a P2P user being convicted of copyright infringement? Wheres the comments denouncing the act of copyright infringement that took place?

      It may come as a shock to you but quite a few of us here think the current copyright system is unjust. I have no problems breaking laws that I feel are unjust, and I will help anyone who feels the same.

      Hey guess what, if you want to smoke pot and not get busted try visiting Vancouver BC. They have pretty much legalized it there. Be careful if you try and bring it over the border though, you might get in trouble.

    56. Re:Next Gen p2p by jim_v2000 · · Score: 1

      Every now and then it's nice to see someone on Slashdot who gets it. Thank you.

      THere's nothing illegal about sharing files, unless they are copyrighted works that you are not allowed to distribute. This guy did a crime, now he'll serve whatever the approproate punishment is.

      And in reply to another post I read...just because you disagree with a law doesn't exempt you from the penalties. I might disagree with the 65mph speed limit on the freeway, but if Mr. Policeman catches me doing 80 mph, I'm still going to get a ticket.

      --
      Don't take life so seriously. No one makes it out alive.
    57. Re:Next Gen p2p by thrillseeker · · Score: 1
      "has even restricted their use to non-US-citizens" Except for ones named Jose Padilla.

      Would that be the José Padilla, aka José Rivera, José Alicea, José Hernandez, José Ortiz and finally Abdullah al-Muhajir, after his conversion to Islam under the "guidance" of Adham Amin Hassoun, arrested himself in 2002 after accusations of funding terrorism via a "charity". I want to be sure we're talking about the same guy - the one arrested in May 2002 at O'Hare after leaving the country in 1998 and travelling to Egypt, Saudi Arabia, Afghanistan, Pakistan, Iraq and being accused of trying to set off a dirty bomb after training by al-Queda members?

      Yep, you got me - he's a NY born, of Puerto Rican parents, US citizen. We'll just ignore that only a month ago the 4th U.S. Circuit Court of Appeals ruled that President Bush does indeed have the authority to detain Padilla without charges, regardless of his citizenship.

      If you don't want to be treated as a terrorist, don't take up arms with terrorists.

    58. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      You can't shut down BitTorrent any more than you can shut down Microsoft Word.

    59. Re:Next Gen p2p by Moofie · · Score: 1

      You're operating from a fundamental misconception. Don't worry, it seems like the overwhelming majority of lawyers and citizens of the United States are operating under the same misconception.

      The Constitution does not grant rights. The Constitution prevents the United States Government from infringing on rights. The rights already exist, they are not granted by any temporal authority. (see "Endowed by their Creator with certain inalienable rights")

      That's my point, and the one people argue about the status of the detainees seem to miss. I think it's a pretty simple one, but I'm a pretty simple guy.

      --
      Why yes, I AM a rocket scientist!
    60. Re:Next Gen p2p by Moofie · · Score: 1

      "4th U.S. Circuit Court of Appeals ruled that President Bush does indeed have the authority to detain Padilla without charges, regardless of his citizenship."

      I'm not arguing what the courts have found. I'm arguing what the Constitution SAYS.

      --
      Why yes, I AM a rocket scientist!
    61. Re:Next Gen p2p by Woody77 · · Score: 1

      I think once we entered their country, we can't call them terrorists for attacking us. Guerillas, perhaps, but then, look to our own past, 1770s or so, attacking the uniformed redcoats marching from town to town, from behind the walls, dressed in the drab clothes we had.

      There may be domestic terrorists there in Iraq. If so, they're attacking other (civilian) Iraqis. We've had domestic terrorists here, Oklahoma City.

      We've had foreign terrorists here, World Trade Center, lots of planes, etc.

      But once we showed up in Iraq as a military presence, any attacks by Iraqis there, against our military, aren't terrorist attacks. They're not attacking civilians, they're attacking foreign invaders. And frankly, they've got a right to do that as far as I'm concerned. We've got to figure out the right thing to do there, but when we marched in and knocked down the military there, we also had to knock down the civilians who agreed with it. And calling them terrorists when they are defending their home against foreign invaders is pretty pathetic.

    62. Re:Next Gen p2p by moracity · · Score: 1

      Um, how about the first sentence?

      "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

      "We, the people", being citizens of the United States, created and ratified this constitution for themselves. The Constitution explicitly grants rights & powers to the government. Nothing in the Constitution applies to non-citizens unless explicitly stated. When will people understand that the Constitution is not an implicit document. It is not a living document open to knee-jerk interpretation by Holly-go-lightly. There is a Supreme Court in place to make decisions regarding what is covered by the Constitution. We have a Legistlative process to ammend the Constitution according to the will of the people.

      So, out of curiousity, could you please show me in the Constitution where the due process provisions explicitly apply to non-citizens?

      If you can't find it and are concerned about this particular issue, write your Congressman or Senator and urge them to introduce legislation which proposes an ammendment to the constituion affording non-citizens the same due process rights as citizens. It's really very simple. They teach this in grade school. Well, they used to before soma-dispensing liberal Democrats started censoring the public education system, rewriting history, giving A's for effort, and leaving many citizens barely educated and utterly ignorant regarding the operation of our Democracy.

      And before you bring up the 14th Ammendment, you cannot take the 14th Ammendment out of context when it refers to "any person". In the same sentence, it is explicitly referring to citizens. The use of a semicolon clearly indicates that the reference to "any person" is a continuing reference to citizens. This is further supported by the subsequent use of "any State". Obviously, "any state" is not referring to states that exist outside of the U.S.

      Interesting to note that the French Constitution does explicitly exclude non-citizens from most Constitutional rights. Why is no one up in arms over that? Dumb question, I know.

    63. Re:Next Gen p2p by Moofie · · Score: 1

      The Fifth Amendment says "No person". Not "No citizen". Now, you could make all sorts of arguments about whether some of these clauses: "unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;"

      obtain to foreign combatants. Whether they do or not, I think that as a matter of principle, ALL detainees should be provided with speedy trials to ascertain their status.

      "French Constitution does explicitly exclude non-citizens from most Constitutional rights. Why is no one up in arms over that?"

      I'm not up in arms about it, because I'm not French, and I'm not protected by the French constitution. What possible relevance does this have to the discussion at hand?

      --
      Why yes, I AM a rocket scientist!
    64. Re:Next Gen p2p by Intron · · Score: 1

      Except that the US did sign the Geneva Convention. If you want to stand behind the technicality that it only applies if the other guy signed it, then you are welcome to your opinion. I believe that the purpose of that provision was that the signers would not be held to it while the other side violated it, not that they could do whatever they wanted if the other side hadn't signed. The Geneva Convention does give detainees the right to a fair trial.

      --
      Intron: the portion of DNA which expresses nothing useful.
    65. Re:Next Gen p2p by thrillseeker · · Score: 1
      I'm not arguing what the courts have found. I'm arguing what the Constitution SAYS.

      Snicker. That's what the courts do - determine the meaning of apllicability of laws and Constitutional edict. Until the Supreme Court says otherwise, or Congress codifies it with new law or Amendment, the law as understood and practiced by the government, as affirmed to date by the 4th U.S. Circuit Court of Appeals, does allow the holding of certain persons without charge - specifically in this (and these) cases, persons engaged in terrorist activity against the United States.

    66. Re:Next Gen p2p by raoul666 · · Score: 1

      leaving out the small matter that the people at Guantanamo were all captured on the battlefield against US soldiers, operating under the control of no nation, not signatories to any of the Geneva conventions, are not US citizens, and in many cases have been shown to have attended training events on terrorism tactics.

      Your attitude disgusts me. They were caputred in their home country, fighting against soldiers that invaded (use liberated if it makes you feel better, though I bet it looks the same when you're on the business end of an assault rifle) their land. Under control of no nation? Of course not. The nation of Iraq has been destroyed. What would you do if your government was overthrown by a foreign state? Lie back and take it? Or maybe fight back, just as these people have. And yeah, you'd probably not be treated very well. The point is, you ought to be. Especially if the nation that invaded was one who continually spoke out against human rights violations, and believed itself to be the most moral nation on earth. And they're not US citizens? So what? So they deserve no rights? I thought some rights were supposed to be universal. Right to a fair trial? Within a reasonable time?

      Here's the thing. If these people are terrorists, show the proof, lock them up. If they're not, if there isn't any proof, release them. There's a difference between the guy who learned how to use a rifle in case men with guns broke down his door and the guy who's plotting to blow up buildings. Keeping the latter locked up I'll accept. The former I will not.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    67. Re:Next Gen p2p by Moofie · · Score: 1

      Why do you think it's funny that the only thing between you and indefinite detention is somebody deciding that you're a terrorist?

      --
      Why yes, I AM a rocket scientist!
    68. Re:Next Gen p2p by raoul666 · · Score: 1

      Hey, at least we got buttsex back from the Republicans.

      Sir, I think you've found yourself a sig.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    69. Re:Next Gen p2p by Zordak · · Score: 1

      My opinion was that the Administration does not believe they are bound by the Geneva convention because these guys aren't sponsored by any State. I didn't opine on the propriety of that position. Technicality or not, that seems to be the position.

      --

      Today's Sesame Street was brought to you by the number e.
    70. Re:Next Gen p2p by Zordak · · Score: 1
      The Constitution does not grant rights. The Constitution prevents the United States Government from infringing on rights.
      The Constitution provides a framework for Government. Part of the concession made to assure its ratification was an agreement to add several amendments that guaranteed the Federal government couldn't infringe some rights considered to be fundamental. The exclusion (or non-inclusion, if you prefer) of those rights from the Constitution does not mean that those rights don't exist, but it does mean that they are not guaranteed by the Constitution. Everything else was left to successive generations -- they could define policies according to what they considered important (for example, how do we treat enemy POWs), but they could never enroach on those things guaranteed by the Constitution unless they amended it (for example, due process for prisoners who are citizens). To say that the Gitmo detainees' rights are not guaranteed by the Constitution is not to say that they have no rights, or that the subject of their rights is not a worthwhile discussion. But it is to say that it is not a discussion of Constitutional magnitude.

      I think one of the reasons we have so many charges of "judicial activism" is that everybody wants to frame his pet issue as a Constitutional question, so the Supreme Court has quite literally added a lot of language to the Constitution that doesn't exist in its four corners. If we were willing to debate issues on their own merits and then accept the policies that stem from those debates, we could have preserved the Constitution in a much purer form and allowed the elected representatives of the people and states to make policy decisions that reflect the peoples' values within the actual Constitutional bounds. Which is what the Framers intended.

      --

      Today's Sesame Street was brought to you by the number e.
    71. Re:Next Gen p2p by toiletsalmon · · Score: 1

      Is this the same infallible judicial branch of "3/5ths Human" and "Jim Crow" fame?

      Just because the US Government (Executive branch, Judicial branch, or otherwise) says that something is legal, does NOT mean that it is morally defendable.

      The adjective "American" used to be synonymous with something besides money, bullying and warmongering.

      Might I suggest some light viewing: http://www.pbs.org/wgbh/pages/frontline/torture/vi ew/

      What does this have to do with p2p again? :)

    72. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      That's a different US, a long goone and dead one. It's now New Britannia.

    73. Re:Next Gen p2p by Moofie · · Score: 1

      I don't understand what your point has to do with the issue at hand.

      When people labeled as "terrorists" are denied due process, every person's rights are lessened. Why is that acceptable?

      I'm not arguing whether the detainees are guilty or not: That's for a court. I DO know that playing this shell game of calling them "detainees" gives the Administration carte blanche to lock up anybody who they tag as a "terrorist".

      I'm not saying that we shouldn't take action against terrorists: On the contrary, I think that taking action against terrorists is a pretty good idea. I DO think, however, that the administration is being a bit indiscriminate with that label.

      Of course, I must hate freedom because I disagree with the administration, so take this with a grain of salt...

      --
      Why yes, I AM a rocket scientist!
    74. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      No, it doesn't bother me a bit. We caught these fucks on the battlefield actively killing (or trying to) us. The only reason we didn't put a bullet in their foreheads at the time, is that we thought maybe they would rat out some of their betowled brethern.

      Fuck 'Em.

    75. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      Ah, yet another Yankee Imperialist Bastard Hypocrite! How about you go fuck yourself instead?

    76. Re:Next Gen p2p by An+Onerous+Coward · · Score: 1

      No, he will not be serving "whatever the appropriate punishment is." He'll be serving up to four years in a penitentiary with murderers, rapists, child molesters, and the like. Very likely, this guy is more likely to pose a danger to society (as opposed to a danger to corporate profits) than when he went in.

      Nobody anywhere in the world should serve a day of jail time for copyright infringement. The fact that he might only shows that society is burdened with some screwed up priorities.

      --

      You want the truthiness? You can't handle the truthiness!

    77. Re:Next Gen p2p by 2short · · Score: 1

      "No person shall... be deprived of life, liberty, or property, without due process of law"

      The fact that you and the 4th circuit share a willingness to pretend this isn't blindingly simple doesn't make either of you right.
        Persons engaged in terrorist activity should be locked up, I'll certainly agree. How shall society decide if someone is engaged in activities that mean they ought to be locked up? In some countries, such decisions are made in a court of law. In other countries, the supreme leader just says who should be locked up. I'd prefer to live in the first sort of country, and I thought I did.

    78. Re:Next Gen p2p by rm999 · · Score: 2, Informative

      Inciting violence is not protected by the first amendment. Listing ways to kill the president will get you in a lot of trouble, especially nowadays. And I would argue that listing ways to kill a specific person is a threat.

    79. Re:Next Gen p2p by Kenrod · · Score: 1

      Sounds just like the US war for Independance. A bunch of non-uniformed rabble using geurilla (sp?) tactics to defend their home.

      Unless you count the part about murdering random civilians by sawing their heads off, targeting children and journalists with bombs, and support for a fascist ideology that sees gang rape as an exceptable form of punishment. Other than that, these bastards are as red, white, and blue as my Uncle Sam.

      --
      Good heavens Miss Sakamoto - you're beautiful!
    80. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      I know that as an American you got proganda spoon feed to you intead of real history concerning your 'revolution' but you really should try learning about real tactics used by your 'freedom fighters'.

    81. Re:Next Gen p2p by bensode · · Score: 1
      So, what, is war now something that you can't go to without first passing some tests? People aren't allowed to defend their land from invasion by a foreign force without first checking in with the head-office and reading "7 Habits of Highly Effective Soldiers" and "Everything I Ever Needed to Know I Learned at the Geneva Convention"?

      I think people are quick to dismiss the rights of those held in Cuba; if our places were reversed and it was a Middle Eastern country invading the US to spread Shariah Islamic Law, would you be so quick to condemn your countrymen--fellow citizens--caught fighting that force? Because they're disorganized and haven't been through boot camp?


      (bold emphasis mine for clarity)

      I may be misinformed, but I dont recall the vast majority of those held captive in Cuba as being Iraqi Citizens, but rather from bordering or neighboring countries. If that is truly the case, your point is not valid.
      --
      "Keep at least 3-6 full bottles of hard alcohol on hand, a 2 week resignation notice,..." - Poetmatt
    82. Re:Next Gen p2p by 1u3hr · · Score: 1
      But, what the hell - don't let facts and actual threats from terrorism get in the way of pimping for some anti-US "Insightful" points.

      Don't worry about that, there are lots of patriotic Americans here. So I'm modded "flamebait", you're "insightful". So feel validated. America - Fuck Yeah!

      Odd. I know quite a few Muslims who are unhappy about US policies, and none of them are in a "gulag".

      Odd, I've never been to New York, so that doesn't exist either.

      Let one of your Muslim friends wear an al-Qaeda tee-shirt and try to catch an airplane. Or for that matter, attend school, or demonstrate in Washington...

    83. Re:Next Gen p2p by drsquare · · Score: 1

      That's like saying only criminals wear balaclavas when going to the bank, therefore good citizens will not mind a compulsory law banning wearing balaclavas in banks.

    84. Re:Next Gen p2p by Zordak · · Score: 1
      I don't understand what your point has to do with the issue at hand.
      You implied about three posts up that the Constitution guranatees the Gitmo detainees' due process rights. I disagree with you. Like I said, that doesn't mean they don't have rights, just that whatever rights they have aren't guaranteed by the Constitution. If you know of a Supreme Court decision that says otherwise, point it out to me and I'll concede the whole discussion.

      When people labeled as "terrorists" are denied due process, every person's rights are lessened.
      The fundamental difference is that they are not citizens or "part of the national community." They are POWs. I could see that argument in the Padilla case -- his case certainly implicates the Constitution. But how we treat these guys will not affect how the police can treat you if you get arrested. Cases like Miranda, Gideon and Massiah affect that.

      Now, that's not to say how we're treating these guys is right. I honestly don't know. But as far as I'm aware, everybody being held in Gitmo was captured in the course of hostilities. The one I'm aware of that was an American citizen was afforded his day in court and duly convicted.

      Of course, I must hate freedom because I disagree with the administration, so take this with a grain of salt
      Fortunately, the Constitution does protect your right to openly disagree with the administration, because that means it protects mine too. That's exactly what I'm talking about. We should probably have more debate on this issue as a matter of policy. It seems to get ignored a lot. What do we collectively believe is the right thing to do? If you don't like the decision we come to, keep speaking up. The Constitution absolutely protects your right to argue on behalf of the Gitmo guys' rights.
      --

      Today's Sesame Street was brought to you by the number e.
    85. Re:Next Gen p2p by jim_v2000 · · Score: 1

      I disagree. The purpose of a punishment is to deter people from doing something. This guy knew what the penalty could be for his actions, but he did it anyway. I'll leave it to a judge to decide what's appropriate, and if the law says four years in prison, then so be it.

      --
      Don't take life so seriously. No one makes it out alive.
    86. Re:Next Gen p2p by UnrefinedLayman · · Score: 1
      I may be misinformed, but I dont recall the vast majority of those held captive in Cuba as being Iraqi Citizens, but rather from bordering or neighboring countries. If that is truly the case, your point is not valid.
      The persons held in Cuba were captured mostly in Afghanistan; that's the reason they're there. Iraqis captured in battle are held at Iraqi prisons and must be treated according to the Geneva Conventions (which is one of the reasons Saddam Hussein remains in Iraq).

      The entire post was regarding Afghanistan, not Iraq.
    87. Re:Next Gen p2p by Anonymous Coward · · Score: 0

      The post below by kjella explains this a bit. The reference is to the US Code: http://www4.law.cornell.edu/uscode/html/uscode17/u sc_sec_17_00000512----000-.html.

    88. Re:Next Gen p2p by An+Onerous+Coward · · Score: 1

      If the sole purpose of punishment were to set an example for those who would be inclined to follow a convicted criminal's path, then the best way to fulfill that purpose is to give every crime a mandatory life sentence. But there are other factors we're supposed to be considering when determining what constitutes a proper punishment. For example, fairness and proportionality. There is nothing proportional about putting someone in jail for four years for "copying movies". That's more than most rapists and child molesters get.

      --

      You want the truthiness? You can't handle the truthiness!

    89. Re:Next Gen p2p by ChadN · · Score: 1

      The first sentence simply says that the "People of the United States" are the establishers of the Constitution of the United States (ie. it is not the business of (for example) England, it's government, or its people, to establish the rules and laws of our government). Quite clear, and in no way indicative that the rights of man apply ONLY to U.S. citizens.

      The Constitution explicitly grants rights & powers to the government.

      Yes

      Nothing in the Constitution applies to non-citizens unless explicitly stated.

      It would be better if you had said, "If something in the Constitution does not explicitly say it also applies to non-citizens, that means nothing." The Consitution establishes federal power over the United States, and that implies that, for example, its laws don't apply to foreign people living in foreign lands. It also means that non-citizens living here don't enjoy certain rights that are explicitly granted only to citizens (the right to vote, for example). But it also means that not explicitly mentioning non-citizens means nothing as far as it's explict granting of powers to the federal government.

      So, out of curiousity, could you please show me in the Constitution where the due process provisions explicitly apply to non-citizens?

      No, because it is quite clear from the Constitution, the Bill of Rights, and other sources (The Federalist Papers by James Madison, for example), that the Constition is NOT an enumeration of rights! There was great concern that even the Bill of Rights would imply that somehow people enjoyed limited rights that were granted by the government. Amendments 9 and 10 explicitly state that rights are retained by the people (ie. when in doubt, the federal government must assume that individual states, and people, retain their rights over the federal powers).

      I suppose, to answer your question, that Amendments 9 and 10 therefore EXPLICITLY state that since no mention is made that the rights of man are retained exclusively to U.S. Citizens only, that non-citizens also retain their rights, as respected by the Consitution and the government so established. In other words, you framed your question from a backwards assumption. It isn't necessary to show that the Constitution explicitly gives rights to non-citizens; non-citizens already retain those rights, unless the Constitution is specifically amended to abridge those rights, and explicit power is given to deny non-citizens their rights.

      And though I can't find the quote online, if you were to visit Manzanar, one of the places where Japanese citizens and non-citizens were detained for years without trial, due process, etc., you would see displayed a quote by James Madison that explictly says that rights retained by the people do not apply to only citizens of the U.S., and it would be a mistake to construe it as such. (His views over the "peculiarity" of slavery are addressed in the Federalist Papers, btw).

      In other words, if the "people" have a right to a speedy trial, or free speech, or security from unreasonable search, that means ALL people. The Constitution says that the U.S. Government is required to respect those rights (and by implication, all rights of the people).

      The government does retain certain rights over non-citizens, one of which is the ability to deport them to their home country (or another willing country). But, the Amendments make explicitly clear that if the U.S. has "jurisdiction" over them, they retain their rights. How much clearer can you get? As a matter of course, the U.S has recognized that deporting certain people (political prisoners, etc.) would mean denying them their human rights, and has thus kept them in U.S. jurisdiction. But a person (even a non-citizen) in U.S. jurisdiction is granted constitutional protection in Amendment 14, contrary to what you seem to believe. That right already existed, the Amendment just states it explicitly.

      --
      "It's overkill, of course. But you can never have too much overkill." - Anonymous Slashdot Coward
    90. Re:Next Gen p2p by hazem · · Score: 1

      Are you sure they were actually caught on the battlefield? Bounties were put out for "terrorists" where anyone could turn in anyone else for a nice reward.

      I wonder how many of the guys held at Guantanamo are there because their neighbor hated the way he parked his camel and wanted to fuck his wife? Get rid of the guy, bang his wife, and get $1000 from the US too? That's a win win win.

    91. Re:Next Gen p2p by TigerByte · · Score: 1

      I am significantly depressed by your obvious lack of knowledge of how war works. Terrorists have no rights, the same way they do not respect anyone else's rights. It would be my suggestion that you don a uniform and place yourself in harm's way for the benefit of a foriegn civilian population before you start spouting off about the rights of the combantants who are threatening those same civilians. Ever wonder why there are still so many suicide bombers? Because uninformed (read, those with their heads stuck firmly in the sand) are unwilling to support the measures necessary to deter them.

    92. Re:Next Gen p2p by UnrefinedLayman · · Score: 1

      As long as you've already made up your mind about who's right and wrong and who the good guys and bad guys are, there's no point in continuing to discuss it.

      You've demonstrated a serious disinterest in pursuing a conversation critically and logically and aren't choosing to challenge any particular points. So while your offer that I go try out being a GI is intriguing, there's no reason for me to consider it.

  4. Going to jail for DAREDEVIL??!?!?!? by pythas · · Score: 4, Funny

    Out of all the movies to go to jail for, this guy picks Daredevil. Ugh.

    1. Re:Going to jail for DAREDEVIL??!?!?!? by Pollardito · · Score: 2, Funny

      on the other hand, anyone who watched Daredevil probably felt that someone should have done some time for it

    2. Re:Going to jail for DAREDEVIL??!?!?!? by Xorkid · · Score: 1

      Exactly! Was this guy blind, with heightened and deepened remaining senses, or what??!!!!

      (its a joke about a blind pirate, laugh argh)

      --
      www.microsoft.com/athome/sec urity/children/kidtalk.mspx Was This Information Useful?
    3. Re:Going to jail for DAREDEVIL??!?!?!? by Excen · · Score: 1

      He's also going to be Miss Congeniality for his 150 kilo Triad roommate(s).

      --
      "No beer until you finish your tequila!" -Leela's Dad
  5. Blockbusters? by JDooty1234 · · Score: 0

    It was probably better to download them than pay $9 a pop to see these "blockbusters". He should be given some sort of recognition for his service to humanity.

  6. Circle the Wagons, Call Marshall Dillon by ackthpt · · Score: 2, Funny
    We can't be havin' none a these varmints tarnishin' the good ol' name o' BitTorrent.

    Next thin ya'll know, dang ol' house o' repersentatives an' courts an' lawyers be tarrin' it all up with the same brush used on Gnutella, Kazah and whatnot.

    Dang. Put me right offen my coffee!

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Circle the Wagons, Call Marshall Dillon by Anonymous Coward · · Score: 0

      "Next thin ya'll know, dang ol' house o' repersentatives an' courts an' lawyers be tarrin' it all up with the same brush used on Gnutella, Kazah and whatnot."

      Except that Bittorrent is a protocol not a piece of software. They might as well argue that TCP/IP needs to be outlawed because of copyright infringement.

    2. Re:Circle the Wagons, Call Marshall Dillon by ackthpt · · Score: 1
      Except that Bittorrent is a protocol not a piece of software. They might as well argue that TCP/IP needs to be outlawed because of copyright infringement.

      Don't give 'em ideas, son.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:Circle the Wagons, Call Marshall Dillon by TheoMurpse · · Score: 1

      You fail at imitating a Southerner/cowboy (I'm not sure which one, since you failed so bad).

    4. Re:Circle the Wagons, Call Marshall Dillon by ackthpt · · Score: 1
      You fail at imitating a Southerner/cowboy (I'm not sure which one, since you failed so bad).

      Sorry, Theo, but that's the way I talk on me own time.

      --

      A feeling of having made the same mistake before: Deja Foobar
  7. in related news by Artie_Effim · · Score: 5, Funny

    the torrent of his trial is available at http://www.chin.../ oh wait, nevermind ;)

  8. Of all places by DaiPinchi · · Score: 2, Funny

    In Hong Kong, of all places...

    1. Re:Of all places by nutrock69 · · Score: 5, Funny

      That's hilarious.

      The one city in the world where you can buy pirated DVD's on the street from the pirates themselves and they're cracking down on Bittorrent. I guess the p2p was infringing on their local economy... :)

    2. Re:Of all places by stunted · · Score: 1

      The one city!!!

      You've never been to Bangkok, Beijing, Hanoi, Shanghai or any other Asian city have you?

      In fact here in Manila the pirate copies are so prevalent and cheap that virtually all the movie rental stores have gone out of business and the only 2 left survive buy renting out pirated DVDs. This is a problem for me because the people who profit from piracy are usually organised criminals for whom copyright theft is often the least of their crimes, I don't want to buy their drugs, f**k their whores, stay in their hotels or use their golf courses any more than I feel like subsidising their lifestyles by buying their pirated DVDs.

      The upshot of this is I don't watch any movies at the moment (anyone want to buy an Optoma H56 beamer?) and I'm looking forward to going back to HK where I can at least rent the original DVD.

      I hear the rental market in HK is losing ground to the pirates, buying a copy usually costs the same as renting the original (about 25 HKD) but with a 3 meter screen poor quality knock offs are not an option for me. When all the rental stores go I'll be forced to pay loony Hollywood prices for *everything* I want to watch, Grrr.

      Oh well, I guess all the cumbersome heavy handed DRM we're having forced on us is for our own good after all.

      --
      In order to save our freedom it was necessary to destroy it.
  9. Where'd they find the blockbuster? by Kid+Zero · · Score: 1

    'Cause there hasn't been anything out this year that would make me want to waste a couple of hours (or days) downloading a copy. I'd rather have the DVD if it's that important.

    1. Re:Where'd they find the blockbuster? by Anonymous Coward · · Score: 0

      How are you "wasting time"? Do you always sit in front of your computer and watch the bar as you download something? If you do, you are an idiot.

    2. Re:Where'd they find the blockbuster? by topper24hours · · Score: 1

      Good movies out this year: Constantine House of D Star Wars: Episode III - Revenge of the Sith Batman Begins Lords of Dogtown March of the Penguins The Devil's Rejects Wedding Crashers The 40 Year Old Virgin The Dukes of Hazzard MirrorMask The Skeleton Key Movies you should have just downloaded: War of the Worlds Hitch Hikers guide to the Galaxy Charlie and the Chocolate Factory Brothers Grimm Fantastic Four A Sound of Thunder

    3. Re:Where'd they find the blockbuster? by filenabber · · Score: 2, Funny

      And don't forget, the box-office smash "We Don't Need No Stinking Commas!"

      --
      Are you a Candy Addict?
    4. Re:Where'd they find the blockbuster? by topper24hours · · Score: 1

      heh...heh... Sorry about that! I forgot that /. doesn't recognize that I hit the enter key like every other posting site I've ever been to.

    5. Re:Where'd they find the blockbuster? by mesach · · Score: 1

      The only movies that are in that list that I felt were worth my time(and remember this is MY opinion) were Batman and Lords of Dogtown, both of which I REFUSED to download for anyone and told them to go give the theater your money and encourage them to make more of these. The others I do not even believe they are worth my time looking and downloading.

      Hollywood has no worries from me, most movies arent even worth downloading for free these days.

      Bad movies need to be downloaded(or quite possible not even at that) and good ones need to be seen in the theater, then maybe, JUST MAYBE Hollywood will understand that Sisterhood of the traveling pants shouldn't be made.

      --
      moo.
    6. Re:Where'd they find the blockbuster? by topper24hours · · Score: 1

      I insist that you check out the movie "MirrorMask" while it is still in select theaters. I promise, you will thank me! This movie is a bit underground so I wouldn't expect to see it on p2p (soon) anyways, but it sounds like you don't mind paying for, in this case, GREAT film. cheers. -topper24hours

  10. Novel Idea! by Evil+W1zard · · Score: 4, Insightful

    Wow so they are taking down the person who took part in the copyright infringement and not the software used... Oh wait its still early in the day, I'm sure BitTorrent will be blamed once again for its ability to be used for evil purposes...

    --
    News Reporters Make Tasty Polar Bear Treats!
    1. Re:Novel Idea! by kryten_nl · · Score: 1

      And http and ftp right after that....

      --
      For the perfect anti-Unix, write an OS that thinks it knows what you're doing better than you do and let it be wrong.
  11. Here we go again by PIPBoy3000 · · Score: 4, Insightful

    These threads are quickly becoming a rehash of all the previous file sharing threads. Queue the people saying he was breaking the law, the people talking how sharing information isn't stealing, and finally all the people claiming that information wants to be free.

    How is this lawsuit different than all the others?

    1. Re:Here we go again by Sockatume · · Score: 5, Funny

      Don't forget the grammar pedants who waste everyone's time without contributing to the discussion. That's "cue", not "queue", BTW.

      --
      No kidding!!! What do you say at this point?
    2. Re:Here we go again by Deliveranc3 · · Score: 1

      Bittorrent is #1 the most popular file sharing mechanism, especially among novices.

      Second it is insecure on the public servers which seem to all be building war chests to fight the industry when it comes.

      Third other than the RIAA many copy protection lawsuits have targetted the sharers rather than the people downloading with bittorrent these people are increadibly exposed.

      Fourth a lawsuit strongly in the favour of the motion picture industry will have a huge impact almost immediatly because bittorrent is somewhat centralized and I.P. addresses for leechers are totally exposed.

      Unlike trying to shut down usenet, the napster clones, or any other service a judgement here has the potential of breaking illegal P2P.

    3. Re:Here we go again by amightywind · · Score: 1

      These threads are quickly becoming a rehash of all the previous file sharing threads.

      Isometric flamewars are slashdot stock and trade. Better that than discussing the pros and cons of space elevators, hmm?

      --
      an ill wind that blows no good
    4. Re:Here we go again by Scrameustache · · Score: 1

      How is this lawsuit different than all the others?

      He's going to jail for sharing crap no one in their right mind would want to buy anyway?

      --

      You can't take the sky from me...

    5. Re:Here we go again by Anonymous Coward · · Score: 0


      Queue the people saying he was breaking the law...

      You mean "cue." A "queue" is a line or buffer of some sort, while a "cue" (in the context of theatre) is a command or indication to do something. Your post is one of the rare instances in which either would technically suffice, but "cue" is much more common in this type of expression.

    6. Re:Here we go again by stlhawkeye · · Score: 1

      You left out the screed about how "ideas don't have owners" and why our entire intellectual property system is broken and anybody creative who defends it is a millionaire sellout jerk RIAA clone trooper.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    7. Re:Here we go again by autophile · · Score: 1
      How is this lawsuit different than all the others?

      Why is this lawsuit different from all other lawsuits, from all other lawsuits?

      For all other lawsuits, we may sue both users and pirates, users and pirates. For this lawsuit, for this lawsuit, only pirates.
      For all other lawsuits, we sue many people, many people. For this lawsuit, for this lawsuit, only Chan Nai-ming.
      For all other lawsuits, we do not even rehash the same arguments once. For this lawsuit, for this lawsuit, we rehash them a zillion times.
      For all other lawsuits, we RTFA either laughing or crying, either laughing or crying. For this lawsuit, for this lawsuit, we all laugh.

      --Rob

      --
      Towards the Singularity.
    8. Re:Here we go again by Anonymous Coward · · Score: 0
      the people talking how sharing information isn't stealing
      How about we talk about his ISP "sharing information" with the investigators and prosecution in his case?
      How is this lawsuit different than all the others?
      It's different because it ain't a lawsuit.
    9. Re:Here we go again by Alzheimers · · Score: 1

      That's "cue", not "queue", BTW.

      Unless he's setting up a line for them to fall into, in which case queueing them up would be perfectly acceptable ;)

    10. Re:Here we go again by Iriel · · Score: 1

      I honestly mean no offense by this, but I found this post a whee-bit self absorbed.

      Quick lesson in history: You joined this site at point without knowing all the articles posted before that moment.
      Present moment: It still happens.

      There's an old saying that one person's garbage is someone else's treasure. The same goes for news: You may not care about it, but for some reason, someone else probably will.

      --
      Perfecting Discordia
      www.stevenvansickle.com
    11. Re:Here we go again by TheoMurpse · · Score: 1

      Actually, I think queueing the aforementioned three types of posters would be nice, as the influx of those comments would come much more staggered.

    12. Re:Here we go again by Anonymous Coward · · Score: 0

      It's not different, it's just /. Hang on for a little while, we'll get another iPod article to mix things up a bit.

    13. Re:Here we go again by whitehatlurker · · Score: 1

      Well then, get in line.

      --
      .. paranoid crackpot leftover from the days of Amiga.
    14. Re:Here we go again by Sockatume · · Score: 1

      *notes down term "Isometric flamewars"* Fantastic phrase.

      --
      No kidding!!! What do you say at this point?
  12. No crime for good taste... by LV-427 · · Score: 5, Funny
    Daredevil, Red Planet and Miss Congeniality.

    Piracy is the least of his problems...

    1. Re:No crime for good taste... by Jeff+DeMaagd · · Score: 0, Flamebait

      I don't think we, as slashdotters, can really comment on his bad taste, after all, we post here, despite being run by Zonk and certain other editors.

    2. Re:No crime for good taste... by Anonymous Coward · · Score: 0

      Parent is not only not flamebait, it is true AND on topic. Mods, get a fucking clue.

  13. Fix the headline by eison · · Score: 4, Insightful

    I use BitTorrent to get the updates for World of Warcraft. I'm not guilty of 'piracy' for that.

    Headline should read: "People who share copyrighted movies guilty of copyright infringement."

    But I guess that wouldn't get as much of a reaction, what with it being obvious and all...

    --
    is competition good, or is duplication of effort bad?
    1. Re:Fix the headline by garcia · · Score: 2, Insightful

      I use BitTorrent to get the updates for World of Warcraft. I'm not guilty of 'piracy' for that.

      It doesn't say "BitTorrent Users Guilty of Piracy" it says "BitTorrent User Guilty of Piracy". Move along.

    2. Re:Fix the headline by PhilHibbs · · Score: 1

      There's nothing wrong with the headline. It used to read "BitTorrent guilty of net piracy" a few hours ago, but I emailed them and they fixed it.

    3. Re:Fix the headline by Anonymous Coward · · Score: 0

      Headline should read: "People who share copyrighted movies guilty of copyright infringement."

      No. It should read: "Internet User Guilty Of Piracy".

      Or better yet: "A Movie Fan With No Taste Guilty Of Piracy".

    4. Re:Fix the headline by Kenja · · Score: 3, Funny

      So if he drank orange juice the headline "orange juice drinker guilty" would make sense to you?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    5. Re:Fix the headline by 99BottlesOfBeerInMyF · · Score: 1

      use BitTorrent to get the updates for World of Warcraft. I'm not guilty of 'piracy' for that.

      If you're not a criminal, terrorist why are you downloading war simulations via a communist "sharing" scheme? Now if you just mention civil rights we can be certain and send the goon squad, pronto.

    6. Re:Fix the headline by Anonymous Coward · · Score: 0

      Rolling On the Floor Laughing My Ass Off....

    7. Re:Fix the headline by Anonymous Coward · · Score: 0

      That was the dumbest comment I've read all week.

    8. Re:Fix the headline by TheoMurpse · · Score: 1

      Stop complaining; there's a difference between "BitTorrent User Guilty of Piracy" and "Man Found Guilty for Using BitTorrent".

    9. Re:Fix the headline by typhoid+fever · · Score: 1

      No, you learn to read. It doesn't say anything about the legality of the actions of BitTorrent users in general, just about this one in particular.

    10. Re:Fix the headline by Anonymous Coward · · Score: 0

      It's still wrong, though. Bittorent User Guilty of Piracy! News at 11!

      Now, "Bittorrent User Found Guilty of Piracy" is news.

    11. Re:Fix the headline by Anonymous Coward · · Score: 0

      I read it as "BitTorrent Users Guild of Pirates"

  14. In other news ... by TheGavster · · Score: 5, Insightful

    In other news, a man in Delaware has been found guilty of beating another man to death with a toaster. The toaster industry declined to comment.

    --
    "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    1. Re:In other news ... by chrismcdirty · · Score: 1

      Are you sure about that? I found nothing on my local newspaper's website about a toaster-related murder.

      --
      It's like sex, except I'm having it!
    2. Re:In other news ... by 72beetle · · Score: 1

      If I only had mod points. Very astute metaphor.

      --
      -Those who dance are considered insane by those who can't hear the music.
    3. Re:In other news ... by Anonymous Coward · · Score: 0

      When toasters are outlawed, only outlaws will make toast.

    4. Re:In other news ... by Anonymous Coward · · Score: 0

      Sue FreeBSD!!!

    5. Re:In other news ... by raider_red · · Score: 1

      "Diane Feinstein is introducing a bill calling for the registration of these 'deadly high-powered instruments of death'. The bill would also limit toasters to two slots, and eliminate the four-slot 'high-capacity models'."

      --
      It's good to use your head, but not as a battering ram.
  15. More reports on this by cciRRus · · Score: 5, Informative

    Here, here and here.

    --
    w00t
  16. Oh Canada! by neologee · · Score: 1

    We're safe up here!

    1. Re:Oh Canada! by Anonymous Coward · · Score: 0

      No, no we're not!
      Learn here.

    2. Re:Oh Canada! by raoul666 · · Score: 1

      Errrr...not really. Uploading copyrighted works is still illegal. Not enforced much, but still illegal.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
  17. Some notes from the trial by bartash · · Score: 4, Informative

    The government prosecutor Hayson Tse Ka-sze said it would be "absurd" to argue that the tracker server and not the uploader was responsible for distribution. He defined distribution as "sharing" and said the court would have to look at the intent of the legislation

    Copyright-infringing copies of three films - Daredevil, Red Planet and Miss Congeniality -- were found on the defendant's computer during a customs raid on his home on January 12. Photo images of the labels of the compact discs were also found on the computer. A digital camera consistent with the make and model used to take the photos was found at the defendant's home, government prosecutor Hayson Tse Ka-sze told the court.

    --
    Read Epic the first RPG novel.
    1. Re:Some notes from the trial by F�an�ro · · Score: 1

      how do they know these were copyright infringing copies, as opposed to legal backups?

      And are photos of cd labels illegal in Hong Kong?

    2. Re:Some notes from the trial by Tim+C · · Score: 1

      How do you know Hong Kong copyright law allows you to make backups? If it doesn't, then backup or not they're still infringing.

    3. Re:Some notes from the trial by j-cloth · · Score: 1

      Do you often put your "legal backups" up for public distribution?

    4. Re:Some notes from the trial by PhilHibbs · · Score: 1

      Linus does!

    5. Re:Some notes from the trial by F�an�ro · · Score: 1

      The way I understood it was that his IP was found to be distributing some movie, and after a raid they found three moovies on his pc, but it does not neccessary mean that these are the same movies, and I am curious whether they really have evidence that he distributet all of them, or just assumed it

    6. Re:Some notes from the trial by Taladar · · Score: 1

      Sure, you can never have too many backups.

    7. Re:Some notes from the trial by Anonymous Coward · · Score: 0

      This "label" evidence sounds more like he was either

      a) Selling pirate copies on the street
      or
      b) supplying pirate copies to street vendors.

      That seems more plausible than he was just some random user who shared 3 movies.

      Of course, it would still be a case of scapegoating in China either way. :P

  18. This isn't the deterrent. Price is! by garcia · · Score: 2, Interesting

    What I want to know, and the article doesn't say, is whether he was a "distributer" or whether he was just an unlucky sharer that was downloading a movie and got nabbed. If he was seeding the torrent, whatever -- he deserved it, I'd think that it would be "scarier" if he was just a user downloading/uploading by using the seeded torrent.

    "This ruling means a lot," said Hong Kong Commerce Secretary John Tsang, explaining that it would deter other possible file-sharers.

    What deters me is simply that it's more worth it to just buy the movie in the store. I don't have to waste bandwidth downloading it, the time to burn it to DVD, and my drive space while I do that. Most movies (especially real suck ass ones like Dardevil) are available for $7.50 at Target all the time. Hell, I just got Season 1 of Nip/Tuck for $18.88 two weekends ago!

  19. Prison Brake by Anonymous Coward · · Score: 0

    DIASlipperySoapIncident

  20. Re:Well, duh... by Anonymous Coward · · Score: 0

    actually that sounds like a good idea.

    im not kidding i am gonna go steal some kids candy, and know it is wrong.

    then i am gonna go copy a dvd and know its not wrong

  21. Re:I am aghast by FortKnox · · Score: 4, Insightful

    Bittorrent gives a grey area... you are not just 'getting' the file, but also 'hosting' pieces of it (or the entire thing if its still in the sharing network when you have the complete file). It isn't as open-shut as you imply.

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
  22. hhhmmm... by irchs · · Score: 1

    They only seem to target people downloading the "Summer blockerbusters" or the films that Hollywood seem to think will do well with the retards of the world. No wonder he torrented them, I wouldn't pay to see them :P (Or download them for that matter :P)

    A sign that audiences are getting smarter?! (I don't think so)

    Jan

    --
    Jan
  23. Overview by F�an�ro · · Score: 1

    Is there an overview about the different rulings around the world and involving different software?

    for example, which platform has the most 'guilty' cases? or which land?

  24. Good... by the_skywise · · Score: 2, Insightful

    Better to sue him than to sue legit Bittorrent users.

    1. Re:Good... by NeoSkandranon · · Score: 3, Funny

      Better to sue him than to sue legit Bittorrent users.

      All ten of you.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    2. Re:Good... by nystire · · Score: 1

      The worrying part is that they may just turn around and claim that the copyright infringments overshadow the potential positive uses of BitTorrent. And then where will we be left?

  25. I don't buy it! by spidergoat2 · · Score: 2, Funny

    Piracy? In China? The Chinese government would never allow that to happen. Now that this guy has been caught, that will be the end of trademake infringement in China.

    1. Re:I don't buy it! by Anonymous Coward · · Score: 0

      This may help:

      1)China is a communist country. There are no (intellectual or otherwise) property rights.

      2)Hong kong is actually the "Hong Kong Special Administrative Region of China". As of 1997 Hong kong (used to be under British rule) is permitted to remain capitalist while China (mainland) is still communist.

  26. I wish people would stop using this analogy by Anonymous Coward · · Score: 5, Informative
    "Why don't you go out this monday night and grab a bunch of kids trick or treat bags... its all stealing, either way you look at it!"

    How many times must this get corrected on /. before people stop using this false analogy? If you take a kid's candy, you have the candy and he does not. On the other hand, if you share a movie over the Net, you still have the movie, and so does the other guy. This is not stealing, it's copyright infringement.

    1. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0, Informative

      you are stealing would-be profit from the movie industry

    2. Re:I wish people would stop using this analogy by FidelCatsro · · Score: 1

      I think that was what the "..er" was for. It was not flame-bait or a troll , It was merely pointing out how ludicrous the whole thing is .

      Looks like this year for Halloween i shall be going as a Movie industry exec or a lawyer . That ought to scare a few people when I arrive on their doorstep "Trick or subpoena "

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    3. Re:I wish people would stop using this analogy by 72beetle · · Score: 2, Insightful

      you are stealing would-be profit from the movie industry

      Sigh. You can't quantify a possible sale. It has no value. There's no guarantee that had circumstances been different, the person would have actually bought the movie. Your argument holds no water. /done feeding trolls

      --
      -Those who dance are considered insane by those who can't hear the music.
    4. Re:I wish people would stop using this analogy by RangerRick98 · · Score: 1, Insightful

      Hardly. I'd NEVER pay to see these movies, but I might download them for free out of curiosity. Either way, no money goes from my pockets to theirs.

      --
      "You're older than you've ever been, and now you're even older."
    5. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 2, Informative

      from:
      http://www.investopedia.com/terms/e/economicprofit .asp

      "In calculating economic profit, opportunity costs are deducted from revenues earned. Opportunity costs are the alternative returns foregone by using the chosen inputs. As a result, you can have a significant accounting profit with little to no economic profit."

    6. Re:I wish people would stop using this analogy by Mr.+Underbridge · · Score: 3, Insightful

      Just as many times as people point out this "correction" as if it really mattered - it's illegal either way, regardless of what you call it.

    7. Re:I wish people would stop using this analogy by Animaether · · Score: 2, Insightful

      "Hardly. I'd NEVER pay to see these movies, but I might download them for free out of curiosity. Either way, no money goes from my pockets to theirs."

      No, but IP - or entertainment, or lack thereof if you will, goes from THEIR pockets to your brain in a way.

      Just as you would never pay to see those movies, they would never let you see those movies for free. I believe that's fair enough.

      If you don't want to pay to see those movies, wait for them to be aired on T.V. even though you'd still be paying for them then, you at least wouldn't be participating in copyright infringement.
      IF you have some argument against that (taking too long before it airs, etc.) then obviously you do have a vested interest in seeing it when you want - and some form of compensation, typicall in the form of money, is not absurd.

    8. Re:I wish people would stop using this analogy by jazman · · Score: 4, Insightful

      Only in the same way that going for a walk steals a sale of petrol from the garage. Or that going for a drive steals a sale from the bicycle shop. Or that going for a bicycle ride steals a sale from a shoe shop. Just about anything you do could be considered as stealing a sale from something else, so this is not a helpful way of looking at things. Eating chicken tonight? You've just stolen a sale from a beef farmer. Eating beef? Ditto for chicken farmers. Going veggie? You've just stolen loads of sales from all meat-based industries.

      So stop with the "stealing a sale" stuff please; it's pure bollocks.

    9. Re:I wish people would stop using this analogy by Animaether · · Score: 1

      stealing, copyright infringement... it's both illicit :)

      And while you may think one is morally less objectionable than the other, you'd be kidding yourself if you were to think it's perfectly a-ok.
      ( not saying that you do - but there's plenty reading and posting here that do )

    10. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      No, it matters a lot. It covers different areas of the law. If you equate it to stealing, you have a totally different area of law and application to deal with. If you call it what it really is, copyright infringement, you have a different area to tackle. Using the wrong word for something matters.

    11. Re:I wish people would stop using this analogy by nickname225 · · Score: 2, Informative

      That is entirely untrue. It is the exact same misleading statement that the RIAA and friends make when they insist that every pirated copy be accounted for as if it would be a full value sale. There are a wide variety of ways to quantify a possible sale. In every industry production planning is done based on projected (possible) sales that have not yet taken place. In its simplest example - the value of a potential sale = the probability of the sale multiplied by the amount of the sale. So- if the profit the studio makes of a DVD sale is $2 and the probability of the sale is .002 then the lost revenue is 4 cents. The only really difficult part is figuring out the probability of the sale. But it's done all the time by smart people with degrees in statistics

    12. Re:I wish people would stop using this analogy by mark-t · · Score: 1
      So then the phrase "Identity Theft" is something of a misnomer as well, since even after the so-called "theft" of your identity, you still are the same person you were before. Only your money has actually been stolen.

      Language evolves. Terms shift in meaning to adapt to the changing times. Deal with it.

      Copyright infringement _IS_ considered theft, even if it does happen to match _YOUR_ definition.

    13. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      A copyright is an exclusive right to make copies (with some qualifications, such as fair use). When someone else violates a copyright, they've taken away your exclusive right, they've taken something of value. Just because it isn't a tangible object doesn't mean it's of no value. In fact some of us think that, in general, rights are more valuable than tangible objects.

    14. Re:I wish people would stop using this analogy by Azathoth!EDC · · Score: 1

      This is not entirely accurate.

      You have their movie, but the infringed-upon parties do not have your money. Which is theft.

    15. Re:I wish people would stop using this analogy by re-Verse · · Score: 2, Insightful

      Illegal, you mean like it used to be for black people to go into white restaurants/washrooms?

      I don't agree with piracy, but be careful about confusing the concepts of "illegal" with "immoral". "Illegal" doesn't always mean "wrong".

    16. Re:I wish people would stop using this analogy by jackbird · · Score: 1

      By that logic, if I break into someone's house, and leave payment for everything I stole, then it's not theft.

    17. Re:I wish people would stop using this analogy by stinerman · · Score: 1

      How many times must this get corrected on /. before people stop using this false analogy?

      As many times as it takes for you to figure out that they're trolling.

      Quit feeding the trolls.

    18. Re:I wish people would stop using this analogy by RangerRick98 · · Score: 1

      I'm not opposed to the filmmakers receiving the compensation they should for their product. I purchase movies all the time. I'm just pointing out that downloading the movie isn't stealing anything. It's copyright infringement and should be regarded and discussed as such. Using the wrong terminology causes misinterpretation and clouds the issue.

      --
      "You're older than you've ever been, and now you're even older."
    19. Re:I wish people would stop using this analogy by HeroSandwich · · Score: 1

      Of course you can.. Why would he waste his time downloading if he didn't want it? If he wanted it he should have paid for it. What.. you just download stuff you never want for the fun of it? And before you tell me that if you had to pay for it you never would have bought it.. well thats then you should have it period.

    20. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      I would never spend the time and effort required to either watch it the time they want me to on their ridiculous push-medium TV or record it when it appears on said medium (if it appears at all before the introduction of some broadcast flag). Traditional media channels are just much more effort than a simple 20 seconds max download request and watching it at the time I want a few hours or days later up to a few months later or even never. And don't tell me about DVDs, they are even worse, with their mandatory minutes of Anti-Piracy-Warnings, their shitty unnecessary menu and chapter system, not to mention the effort needed to actually use a physical medium. I started using no-CD cracks on my original games ten years ago to avoid the problems of physical media. Today I only use them to bootstrap a new operating system install. Give me direct-download (no p2p, I don't want to pay for your operating costs if you want my money) movies and the ability to access those with any OS (no special client software or IE-only websites) and let me download unlimited watching, seeking-enabled movies that are not tied to my hardware (I don't like paying again and again when I just bought new hardware) and I will buy your movies (and don't forget to price them reasonably, 1 Euro/hour is more than enough, charging those amounts for 5 minutes of music is ridiculous).

    21. Re:I wish people would stop using this analogy by pagen · · Score: 1
      Just as you would never pay to see those movies, they would never let you see those movies for free. I believe that's fair enough.

      The assumption is that you can not see it for free, the argument is lost on this medium. Broadcast or not, I can lend my books, movies, music, and some but not all of my software legally. Some of these items (no software I have personally seen yet) are also available at my local public library for free, no friends needed.

      This to me is a false understanding of opportunity costs. We must question the assumed limit to how the medium is shared and NOT purchased/rented in factoring lost revenue in accounting. How much should this reduce the producers assumed phantom accounting losses? And who sets this amount?

      Personally, I have handed out many of my original games (after wiping them from my hard drive) to a friend or colleague to play/use. I had made the investment, why can not they share in it with me? In some cases I have allowed the new recipient to share in the original cost, but only of their own free will. This "cost sharing" concept is at the basis of law and community in our history. God Bless Benjamin Franklin!

      The battle between consumer and producer has waged swinging back and forth for years. Currently, I feel in this area we are moving away from the consumer toward the producer. Don't get me wrong, there is always a loss to the producing company's potential revenue with copying. But to what limit/extreme should this be handled in accounting practices?

      With reference to software/movies/audio, the issue is in the copying, was the copy of the media retained? Would this cause a loss of a funds through sale or rental?

      The producer has too much leverage under current law over the consumer, IMHO. The production is a risk, but no one credits the risk of the consumer. When a consumer can take a POS game/movie back to the store and get ALL of their MONEY back, then we will see a drop in the need for copy protection because we will have an increase in consumer protection!

      --
      When a Ball Dreams, It Dreams it's a Frisbee.
    22. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      How about a different, hopefully better, one then?

      I'll contract with a company to build my new home. I'll provide everything but the manpower, tools, and the skills. When it's done, I'll not pay them. I'll just argue that nobody in their right mind would want to live in a house built by a known-shoddy contractor at the labor rates that I also knew up front. Well, of course, then I'll live in the house.

      If it isn't worth paying what they ask, leave it alone. Boycott them. To make an unauthorized copy of anothers intellectual property is plain up, simple, theft of time and labor. The company and the people who produced, directed, acted in, and supported a pirated movie, crap or not, didn't do it without expectation of reimbursement.

      You children are baked. Time, labor, and skills have value and the acquisition of anything with value sans permission is theft. Didn't Mommy and Daddy teach you that?

    23. Re:I wish people would stop using this analogy by Chris+Burke · · Score: 2, Insightful

      Just as many times as people point out this "correction" as if it really mattered - it's illegal either way, regardless of what you call it.

      But the point of calling it stealing is not to establish that it is illegal -- this is a given. We all know this.

      The point of calling it stealing is to make it sound morally wrong. This is why the correction does matter. Pretty much everyone thinks stealing is morally wrong, and the argument serves to try to transfer that feeling onto a different crime entirely in order to justify punishments far harsher than what "hypothetical loss of potential sales" would actually warrant.

      Legality isn't morality. I don't feel like I've sinned when I go five over the speed limit, I don't feel like I've sinned when I copy one song from a Smashing Pumpkins album that I would never buy, and I don't feel like I've sinned when I violate the DMCA to watch a DVD under Linux.

      Do you think minor traffic violations should result in jail time? What if I called it stealing? Sure, it's not, but both are illegal so that doesn't matter! Send the thieves to prison!

      --

      The enemies of Democracy are
    24. Re:I wish people would stop using this analogy by tomhudson · · Score: 1
      What.. you just download stuff you never want for the fun of it?
      All the time. Just because I'm not going to use a certain distro doesn't mean that I won't contribute spare bandwidth to seeding it for a while.

      Also, do you really believe that anyone who has a 50 gig mp3 collection has actually listened to all of it? That would take YEARS.

      Now, in the case of the movie "Daredevil", or "The Hulk", or the last "Matrix", downloaders were a real threat because they got the word out fast that the movie was a total piece of shit. Downloaders served to counteract all the false advertising (hype, puffery, lies) from the movie industry. These movies were NOT entertainment, they were painful to watch!

      In the case of those 3 movies, the industry was like the person who, when the kid comes around trick-or-treating, says "trick", and then complains when they get toilet-papered. Put out crap that doesn't warrant the cost of a ticket, people won't pay for it.

    25. Re:I wish people would stop using this analogy by Jardine · · Score: 1

      Just as you would never pay to see those movies, they would never let you see those movies for free. I believe that's fair enough.

      If they'd stop extending the length of copyright, you could wait long enough and those movies would become part of the public domain.

    26. Re:I wish people would stop using this analogy by tomhudson · · Score: 1

      Oh cripes. Legal precedent has now been set. Now some politician is going use this to claim that voting for his opponent is "stealing votes" from him, and get a law passed against voting for anyone but incumbents! BushCo for-evah /bleh!

      And of course congress will pass it - after all, getting legislation passed that favours the incumbents is like stealing hallowe'en candy from a baby.

    27. Re:I wish people would stop using this analogy by heinousjay · · Score: 1

      You shouldn't have posted anonymously, karma be damned.

      I'm dying to see what tortured logic could rebut this.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    28. Re:I wish people would stop using this analogy by Phanatic1a · · Score: 2, Insightful

      Then why not call it "anal rape," or "kidnapping"?

      Because words mean things, that's why. And because of that fact, calling it 'stealing' is stupid, just like calling it 'murder' would be.

    29. Re:I wish people would stop using this analogy by tomhudson · · Score: 1

      Okay, just for the sake of argument:

      stealing, copyright infringement... it's both illicit :)

      And while you may think one is morally less objectionable than the other, you'd be kidding yourself if you were to think it's perfectly a-ok.
      So's going up to somebody and threatening to harrass them unless you're paid off - but kids do it every Hallowe'en when they go "trick-or-treat". Local custom and usage play a part, and this is what we're seeing with filesharing.

      Seriously, jaywalking is also against the law, but I'm not going to get bent out of shape over it. Owning more than 2 dogs is also against the law in my area, but I've got 3.

      It's not all black-and-white. There are such things as shades of grey. And laws change.

      It used to be illegal for gays and lesbians to marry - not any more. When it was, were they "stealing" from married people? If so, are they still "stealing" from married people now?

      It used to be illegal to consume alcohol. In some places it still is. So which law is right? They can't both be.

      It used to be legal to own people. Even the Bible didn't disapprove. So, how many slaves does your average bible-thumping toady own nowadays?

      We used to have debtors' jails. Owe someone money - they could have you thrown in prison until someone else came up with the cash. Now the only debts you can go to jail for are fines. So, is it right to jail people for parking tickets and overdue library books?

      The law is not always right. That's why it changes with time. Not everything is as it seems, just like not every article is a gem, or every moderation is accurate, or every troll looks like a troll.

    30. Re:I wish people would stop using this analogy by Darth · · Score: 1

      Language evolves. Terms shift in meaning to adapt to the changing times. Deal with it.

      popular language evolves. legal language has a defined legal meaning and the court doesnt care how inappropriately it is used outside the court.

      Copyright infringement _IS_ considered theft, even if it does happen to match _YOUR_ definition.

      It doesnt necessarily match the legal definition. Title 17, Chapter 5 (Copyright infringement and Remedies) doesn't call copyright infringement theft anywhere.

      It does distinguish between copyright infringement and criminal copyright infringement. Criminal copyright infringement is punishable as described in Title 18, Chapter 113, section 2319. Chapter 113 is entitled "Stolen Property", which certainly implies theft is an appropriate term.

      However, at best that means that theft is an appropriate term only for criminal copyright infringement as defined in section 506 of chapter 5 of title 17. It also means that it would have to meet the requirements for willful criminal infringement. That subsection, btw, specifically says "For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement."

      So Copyright Infringement isn't theft. Willful Criminal Copyright Infringement is punished under stolen property laws and could reasonably be called theft.

      two major caveats to this:
      1: i'm not a lawyer, i just know how to find the U.S. Code website.
      2: the events in the story take place in China and none of this matters. In China, it may or may not be theft.

      (after perusing the Chinese copyright law, it appears even less like theft in chinese law. They appear to only have civil liability and remedies and no provision for any act of copyright infringement to have criminal liability or remedies)

      --
      Darth --
      Nil Mortifi, Sine Lucre
    31. Re:I wish people would stop using this analogy by InsaneProcessor · · Score: 0

      You are so full of it. Right and wrong are black and white. Stealing is stealing. It does not matter how it is looked upon by someone else. It does not matter whether it is punished or not. If the speed limit is 30 and you go 31, you are wrong. If you take anything that does not belong to you, you are wrong. Whatever the law is, it is. It defines right and wrong.

      To say grey means you wish to confuse the issue with irrelavency. To say grey means you have no moral compass. It is that simple and there is no other way to explain it.

      --

      Athiesm is a religion like not collecting stamps is a hobby.
    32. Re:I wish people would stop using this analogy by Mr.+Underbridge · · Score: 1
      No, it matters a lot. It covers different areas of the law. If you equate it to stealing, you have a totally different area of law and application to deal with. If you call it what it really is, copyright infringement, you have a different area to tackle. Using the wrong word for something matters.

      Which is relevant when you become either 1) a lawyer, or 2) a defendant. Otherwise, they're both illegal, so it doesn't much matter.

    33. Re:I wish people would stop using this analogy by ScottForbes · · Score: 1
      The correction does matter. Understanding the difference between a crime and a tort is a critical step in defeating the copyright barons -- they want you to believe that copyright violation is a crime, which it isn't.

      Copyright violation is a tort. A tort is a private, civil matter -- if the injured party wants compensation, he/she has to file a lawsuit. The taxpayer supplies a courtroom and pays a judge to help resolve torts, but in all other respects the injured party is responsible for doing the legwork.

      Stealing, as in stealing a tangible object, is a crime. It's a public matter, and the government does the arresting and prosecuting (as in "the people vs. X"). The taxpayer supplies everything you see on Law and Order to help resolve crimes: Police officers, detectives, forensics labs, prosecuting attorneys, the whole works.

      Copyright barons would be delighted if you agreed that copyright infringement is (or should be) a "crime" -- it means you're agreeing to pick up the tab for what should be the RIAA's business expenses. You're agreeing to subsidize the copyright barons and get nothing of value in return, unless paying tribute to the long-dead authors of "Happy Birthday" is your idea of Promoting the Useful Arts.

      So, yes, the distinction is important. If you want to argue that a crime and a tort are both morally wrong, more power to you -- but arguing that they're both the same thing is a mistake. It's a free gift to industries that would like to continue pocketing your money, indefinitely, for cranking out copies of the same old things.

    34. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      (clapclapclapclapclap)

      Finally.

    35. Re:I wish people would stop using this analogy by Mr.+Underbridge · · Score: 1
      The point of calling it stealing is to make it sound morally wrong

      And I assume the converse is as well, namely that pointing out that it's *not* stealing is to sound morally OK.

      Legality isn't morality. I don't feel like I've sinned when I go five over the speed limit, I don't feel like I've sinned when I copy one song from a Smashing Pumpkins album that I would never buy, and I don't feel like I've sinned when I violate the DMCA to watch a DVD under Linux.

      Whatever helps you sleep better at night. Psychologists call it "rationalization." Speeding truly is victimless *if* it doesn't result in increased danger to others. Copyright violation, on the other hand, isn't victimless. If you want something, buy it. If you can't afford it, don't take it. And there's a big difference between DMCA violation violation of copyright as it previously stood.

    36. Re:I wish people would stop using this analogy by tomhudson · · Score: 1

      Right and wrong are black and white. Stealing is stealing. It does not matter how it is looked upon by someone else

      Yep. Right and wrong ARE black and white. We've seen with New Orleans. If you're black, its "black people stealing, looting and rioting", if you're white, its "brave people helping gather resources to survive".

      It all DOES depend on how it is looked upon by someone else - in this case, the reporters.

      Same here. Copyright infringement is not "stealing", either, any more than gay marriage "steals" from straight marriages.

      Same as the kids going door to door trick-or-treating aren't practicing extortion.

    37. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      You screwed yourself on this one:
      "Speeding truly is victimless *if* it doesn't result in increased danger to others". But in EVERY SINGLE CASE it does. It is an increase danger to others on the road. 1/2 mv^2. It's a law! :-)

      Or, if you want to defend that speeding, then how about this:

      Copyright infringement is a victimless crime, unless a work does not cover costs because of infringment.

      Hmm?

    38. Re:I wish people would stop using this analogy by Chris+Burke · · Score: 1

      And I assume the converse is as well, namely that pointing out that it's *not* stealing is to sound morally OK.

      Very bad assumption, since there are many things that aren't stealing that are not morally OK. Countering an incorrect comparison is not the same as creating another one. If I was going to use the same framing tactic to make copyright violation sound morally OK, I'd call it "kitten feeding".

      The point is that you have to consider copyright violation for what it is.

      Whatever helps you sleep better at night. Psychologists call it "rationalization."

      Yeah, because I really need a rationalization to help me sleep better at night for speeding. :P

      Speeding truly is victimless *if* it doesn't result in increased danger to others. Copyright violation, on the other hand, isn't victimless.

      Who exactly is the victim when an illegal copy is made? No, you can't assume that the copyer would have paid for a copy if the illegal copy was not available. I am never going to buy the SP disc I copied the song from. So please explain to me who the victim was here?

      I find it funny that you can accept speeding as a victimless crime (with the big caveat that it can't increase danger, which is the reason speed limits exist), but just assert that copyright violation is not victimless with no caveats at all.

      And there's a big difference between DMCA violation violation of copyright as it previously stood.

      No kidding. And there's a big difference between violating copyright and depriving someone of a material posession.

      --

      The enemies of Democracy are
    39. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      So by that logic let's call it 'murder.' What's the difference? It's all illegal.

    40. Re:I wish people would stop using this analogy by FidelCatsro · · Score: 1

      That is an important distinction , it can be more equated to civil disobedience. Whilst still ilegal there is a great deal of debate over the law surrounding this .

      On a related note , Rosa Parks died today age 92 http://www.miami.com/mld/miamiherald/12993614.htm
      Rest in peace , she was a great woman and a hero to many..

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    41. Re:I wish people would stop using this analogy by 72beetle · · Score: 1

      Why would he waste his time downloading if he didn't want it?

      There are many degrees of want, and most of them don't end up in a sale. I want a hovercraft - however, I'm not willing to pay for one, I don't want it badly enough. If someone were to give me a functioning copy of a hovercraft, I'd use it, but I still wouldn't have bought one.

      The hovercraft company has lost no money in this scenario. They never would have had the sale in the first place. As my new hovercraft is a copy, they lose no production either. What's more, people will see me going through the Taco Bell drive-thru in my hovercraft and want one for themselves, possibly enough to go buy one. So, in a roundabout way, I'm actually doing the hovercraft company a favor, giving them advertising at no cost to themselves.

      --
      -Those who dance are considered insane by those who can't hear the music.
    42. Re:I wish people would stop using this analogy by Azathoth!EDC · · Score: 1

      Of course it was: whatever you hypothetically stole from that persons home was most likely not for sale.

      Breaking and entering notwithstanding, had you said "store", you would've been more correct.

    43. Re:I wish people would stop using this analogy by Phanatic1a · · Score: 1

      And I assume the converse is as well, namely that pointing out that it's *not* stealing is to sound morally OK.

      Well, no, that's utter nonsense. A great variety of things that aren't stealing are morally wrong, after all.

      Copyright violation, on the other hand, isn't victimless.

      I just downloaded a Woody Guthrie mp3.

      Who's the victim?

    44. Re:I wish people would stop using this analogy by LordEd · · Score: 1

      You have their movie, but the infringed-upon parties do not have your money. Which is theft.

      Which party am I stealing from? Am I stealing from Walmart by not buying my DVD there? Am I stealing from Blockbuster from not renting my movie there? What is the value of my theft? Is it the cost of a DVD purchase or a DVD rental?

      Or maybe I am stealing directly from the movie industry?

      How about if I buy the movie then post it? The movie industry/retailer already has my money. Am I stealing now?

    45. Re:I wish people would stop using this analogy by ces · · Score: 1

      You are so full of it. Right and wrong are black and white. Stealing is stealing. It does not matter how it is looked upon by someone else. It does not matter whether it is punished or not. If the speed limit is 30 and you go 31, you are wrong. If you take anything that does not belong to you, you are wrong. Whatever the law is, it is. It defines right and wrong.

      Nope, even the law is not that much of an ass. This is why we have judges and juries rather than just using computers to decide cases.

      For example say there is a natural disaster and say I run across someone in need of first aid. If I break into somewhere in order to get first aid supplies I've stolen them, however it is unlikely I would get convicted if charged as long as I can show there was no other reasonable way to procure first aid supplies.

      To take another example say I'm doing 50 in a 30 mph speed zone, however I happen to be rushing my child to the hospital as he has just severely burned himself. Furthermore lets say I live in a fairly rural area where I can drive to the hospital quicker than an ambulance can get to me. Am I morally or legally wrong for speeding?

      Furthermore sometimes the law is just plain wrong. Either from a moral standpoint or from a legal standpoint. Racial segregation was wrong even if it was the law at the time. Flag burning or having political signs in your yard is constitutionally protected even though there have been laws passed against it.

      --
      Happy Fun Ball is for external use only.
    46. Re:I wish people would stop using this analogy by ces · · Score: 1

      Well murder is illegal too. Why don't we call copyright (or patent, or trademark) infringement 'murder' or 'killing'?

      For that matter breaking a contract is 'illegal' too (and EULAs fall under contract law to close the circle), why not call breaking a contract 'stealing' or 'murder'?

      Intellectual property law has been primarily enforced via the civil court system. Violating it is no more of a 'crime' than doing anything else I can potentially be sued for.

      Most people would agree you should be responsible for your bills, however we don't throw people who don't pay their bills in jail. For the most part we don't say this is 'stealing' or call deadbeats 'thieves'. Infringing on someone's copyright, trademark, or patent is a much grayer area. If nothing else than one persons 'fair use' is another persons 'infringement'. There is no reason to treat it any more severely than we do a bad debt.

      --
      Happy Fun Ball is for external use only.
    47. Re:I wish people would stop using this analogy by Anonymous Coward · · Score: 0

      This correction does matter. There is a difference between stealing and copyright infringement.

      If they were the same thing because both are illegal, then we might as well call it animal sex.

    48. Re:I wish people would stop using this analogy by ces · · Score: 1

      Ok, let's try another track here.

      Say I buy the 'daredevil' DVD. Say I loan it to a friend once I've watched it. Is that unfair because my friend never paid to see the movie?

      There are tons of movies I would never pay to see that I've watched at friends houses or borrowed from their DVD collection.

      Say I buy the latest Harry Potter novel. Say I loan that copy to a friend after I'm done reading it. Is this 'stealing' as well?

      I've borrowed (and loaned) a lot of books in my life. Am I a trafficer in stolen goods?

      --
      Happy Fun Ball is for external use only.
    49. Re:I wish people would stop using this analogy by dfjghsk · · Score: 1

      why did you post anonymously? can't add an anonymous coward to my friends list :(

      --
      Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
    50. Re:I wish people would stop using this analogy by initialE · · Score: 1

      When you take candy from a kid on Halloween, you're actually stealing from an extortionist, that's the other difference. "Trick or treat" my ass...

      --
      Starbucks, Harbuckle of Breath.
    51. Re:I wish people would stop using this analogy by SirPavlova · · Score: 1

      I tend to agree with your parent, but there are two obvious differences:

      1. He contracted. That's a promise to pay. They built the house at his request under the impression, & on his word, that he would pay them. If I download a Smashing Pumpkins track (to copy someone else's example), I never gave them any indication I'd buy it - they just hoped I would.
      2. The contractors can't then go & offer the house to someone else. There's only one. The Smashing Pumpkins can sell CDs to hundreds of other people.

      In short, this analogy is also flawed.

      Analogies are for explanation, not argument. — Someone, but I don't remember who. Sorry.

      --
      Yar.
    52. Re:I wish people would stop using this analogy by heinousjay · · Score: 1

      Yeah, I was kinda trolling there. I love me the copyright flamefests.

      Basically there's nothing to be done, because the whole thing is about morality. The fight will never end.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    53. Re:I wish people would stop using this analogy by patio11 · · Score: 1

      But in none of your cases are you actually prying the object of value from the victim. This is closer to walking into a movie theatre, seeing the movie, and leaving without paying (doesn't cost the theatre anything, they can still show the movie and likely didn't need your seat) or going into a bookstore and using a special, magic copier on the book that takes a perfectly 100% indistinguishable-from-regular-book copy in seconds, for free, and then walking out with just that ("But I'm not stealing, I gave them their copy back!").

    54. Re:I wish people would stop using this analogy by Hognoxious · · Score: 1
      Opportunity costs means the output that could have been produced as an alternative to making the film - the ditches the actors, best boys (what are they? Ed), key grips etc. etc. could have dug, the dishes they could have washed. You seem to have invented an entirely new concept - opportunity revenues - being what someone would, nay might, have bought, maybe, like if, well, whatever.

      It's left as an exercise to the reader to determine:

      1) why one concept is in the textbooks and the other isn't.
      2) why quoting something off the intarweb about a subject which is but one of many you're totally fucking ignorant about, but sadly too stupid to know that you're ignorant, isn't a good idea.
      3) why you so totally fail it.
      4) ...
      5) Why the words "shoot", "self" and "foot" to spring to mind.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  27. Imagine the introductions by Recovering+Hater · · Score: 1

    "What are you in for?" "Pirating movies on the internet." "Really? What did you bootleg?" "Daredevil.. and-" "Wait one second! Did you say Daredevil!?" "Yeah." "So you like blind superheros huh. Well you'll fit right in here pal. You're gonna end up doing some things to yourself that will make you go blind. And if they don't I'm gonna do some things to you that will make you wish you were blind. Nice to meetcha." "Damn."

    --
    My humor is probably your flamebait
  28. who was prosecuting? by Anonymous Coward · · Score: 0

    who was he being charged by? was in china? or interpol for international copyright laws? or the us? check my site so im not sooo anonymous.

  29. Didn't the guy ever leave his house?! by Anita+Coney · · Score: 4, Insightful

    This is hilarious because if the guy had simply left his apartment and walked to the nearest corner, he could have bought the DVD for next to nothing.

    It's amazing to me that real piracy, where huge profits are made, is ignored while file sharing between friends is hammered.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Didn't the guy ever leave his house?! by Scrameustache · · Score: 2, Funny

      It's amazing to me that real piracy, where huge profits are made, is ignored while file sharing between friends is hammered.

      They relate more to the capitalist pirates than to the hippie sharers. THESE guys must be stopped!

      --

      You can't take the sky from me...

    2. Re:Didn't the guy ever leave his house?! by ohsoot · · Score: 3, Funny

      Thus proving the point that nerds don't pirate movies to avoid paying, they do it to avoid leaving the house and having to interact with other humans.

    3. Re:Didn't the guy ever leave his house?! by Beatbyte · · Score: 1

      He did leave his house at least to purchase the DVD's. He took pictures of the DVD's and their covers. I guess I don't have to say RTFA? ;)

    4. Re:Didn't the guy ever leave his house?! by Animaether · · Score: 4, Insightful

      "while file sharing between friends is hammered."

      s/file sharing/copyright infringement/

      s/friends/thousands of people across the globe, most of them perfect strangers and a handful of people you'd probably evade if you did know them/

    5. Re:Didn't the guy ever leave his house?! by Eil · · Score: 1


      It's amazing to me that real piracy, where huge profits are made, is ignored while file sharing between friends is hammered.

      Oh no it isn't. The **AA are very keen to stop wide-scale piracy and probably put far more effort into combatting it than the peer-to-peer piracy. The reason we never hear about wide-scale piracy, though, is that they don't want us to hear about it. For at least two reasons:

      1) They don't want to make it known that you can buy a copy of a pirated movie/album at a fraction of the cost of the real thing. Remember, a lot of people don't care about the quality of a movie/album, they just want to see/hear it. The **AA want to impress upon the general public that the only way to get content is to buy it at Walmart.

      2) The more they can convince consumers and lawmakers that wide-scale piracy is a solved problem, the more leverage they have in convincing them that peer-to-peer piracy is the biggest threat to the stability of the movie/music industry. Which is, of course, ludicrous.

    6. Re:Didn't the guy ever leave his house?! by Tim+C · · Score: 1


      It's amazing to me that real piracy, where huge profits are made, is ignored while file sharing between friends is hammered.


      Real piracy is hammered, often by men bursting in and arresting people at gun point. Slashdot just doesn't bother to report on it as it's not really tech news.

      As for "sharing between friends", that's an outright lie and you know it. P2P apps (other than the more niche ones like direct connect) do not work like that.

    7. Re:Didn't the guy ever leave his house?! by westlake · · Score: 1
      It's amazing to me that real piracy, where huge profits are made, is ignored while file sharing between friends is hammered

      When you define "friends" as "everyone on the Internet" with a P2P client you have moved into distribution big-time. You might want to think about that before going into competition with the real-world pirates who settle territorial disputes with guns.

      The government has the resources to pursue both the amateur and the pro: Cybercrime

    8. Re:Didn't the guy ever leave his house?! by Anonymous Coward · · Score: 0

      ah. But you forget. The real money being made by selling pirate DVDs partly goes to paying off police/politicians/etc. Bittorrent = 0$ so he had nothing to pay the officials with. At the same time he could be cutting into the profits of the guy on the corner. He makes less -> cops get less. Thus BT users are more likely to get hit for copywright than real pirates.

      I seem to remember this argument from an earlier /. about a BTer getting it in Hong Kong.
      capcha: hustling

    9. Re:Didn't the guy ever leave his house?! by Anonymous Coward · · Score: 0

      thousands of people? sure keep propogating that myth - the MPAA would really appreciate that.
      what exactly are u basing this on? sure, some torrents get that sort of seeding for popular programs, but that is extremely uncommon for movies.

    10. Re:Didn't the guy ever leave his house?! by nystire · · Score: 1

      And you would know from personal experience? :p

    11. Re:Didn't the guy ever leave his house?! by MikeBabcock · · Score: 1

      Last I checked, I actually log into a chat room of people I converse with regularly and get the files I want directly from them. Maybe you're the anonymous leacher, but a lot of us aren't. Besides, I don't download movies, just TV shows, and only the ones I have access to via satellite but missed and forgot to tape myself.

      I'd love to see a judge explain to me how it is that downloading the show that was broadcast to my house legally isn't legal. This is not property we're talking about, this is content, and yes, there is a difference.

      --
      - Michael T. Babcock (Yes, I blog)
    12. Re:Didn't the guy ever leave his house?! by MikeBabcock · · Score: 1

      Try logging into a torrent tracker sometime; most of them are public and there's nothing illegal about looking at their stats.

      It'll show you how many people are participating for each file being tracked.

      --
      - Michael T. Babcock (Yes, I blog)
    13. Re:Didn't the guy ever leave his house?! by nystire · · Score: 1

      That I know. I use BitTorrent often, especially when new releases come out (try downloading the Knoppix DVD without it...). Just the way he said it made it sound...indignant?

    14. Re:Didn't the guy ever leave his house?! by shark72 · · Score: 1

      "The reason we never hear about wide-scale piracy, though, is that they don't want us to hear about it."

      I see articles about Microsoft busting counterfeiters, etc. fairly often. The hunt for the guys running the bootleg CD and DVD factories has been ongoing for years, but it doesn't happen to be the flavor of the month. I rarely see these articles picked up on Slashdot, and my guess is that old-skool CD duplication isn't really a "news for nerds" item. So in this case, the "they" in your quote is the Slashdot editors!

      FWIW, the media conglomerates have been putting huge pressure on the US government to, in turn, put pressure on the Chinese government to crack down on the CD/DVD bootleg factories. I did happen to read about this on Slashdot (and yeah, a significant number of the comments were sympathetic to the poor bootleg factory owners who were just helping information to be free) but it gets wider coverage in the mainstream press.

      --
      Sitting in my day care, the art is decopainted.
    15. Re:Didn't the guy ever leave his house?! by UserGoogol · · Score: 1

      Since when did thousands of people across the globe, most of them perfect strangers and a handful of people you'd probably evade if you did know them, not qualify as friends? Some of my best friends are perfect strangers!

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
    16. Re:Didn't the guy ever leave his house?! by Anonymous Coward · · Score: 0

      >This is hilarious because if the guy had simply left his apartment and walked to the nearest corner, he could have bought the DVD for next to nothing.
      You have not been to HK for a while I think, it is not that easy to find in HK any more, across the border yes, but in HK you have to walk past many corners and go to the correct 'corner'. Although I would guess that he ripped his DVD from a DVD copy from China :-)

  30. Re:Well, duh... by FidelCatsro · · Score: 5, Funny

    My initial thoughts were "Prison ? he only uploaded the thing , he didn't produce it"

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
  31. Re:I am aghast by RobotRunAmok · · Score: 0, Troll

    Users of piracy software are NOT responsible for any piracy which may occur when they put pirated content online for others to pirate.

    OK. Fine. Who is? I mean, I've heard of victim-less crimes, but perpetrator-less crimes?

    The EFF better be all over this.

    OH NO!!! Not... the EFF!! I can feel the AAuthorities trembling from here...

  32. Re:Well, duh... by dbolger · · Score: 1

    If I could take the sweets from those kids, and after I'd "stolen them", they still had the exact same amount of sweets, I would have no moral problem with it. But hey, I'm taking the analogy too far, right?

  33. Misnomers by StormReaver · · Score: 2, Insightful

    1) The guy didn't get arrested for using Bit Torrent to illegally distribute others' work. He was arrested for illegally distributing others' work (re-read that until you understand the distinction).

    2) This was not an arrest for using file sharing software. This was an arrest for copyright infringement. The tool that was used is immaterial.

    1. Re:Misnomers by Anonymous Coward · · Score: 0

      The investigating agency was organized specifically to go after illegal distribution over P2P networks. If he wasn't using Bit Torrent or some other P2P software they wouldn't have cared about him and he wouldn't have been arrested. You're missing quite a bit about this situation.

    2. Re:Misnomers by StormReaver · · Score: 1

      "You're missing quite a bit about this situation."

      No I'm not. Reread my original posting until you understand the distinction. They are not going after people for using P2P software. They are going after people who are infringing copyrights using P2P software. There's a huge difference.

  34. Allow me to save y'all some typing by Mr.+Cancelled · · Score: 3, Funny
    We've all seen enough of these types of stories here on /. to know what to expect in the discussion thread. Allow me to sum up about 75% of the inevitable replies:

    • Good! Pirates deserve to be punished for stealing others works
    • Pirating is copyright infringement - Not stealing
    • I can't believe the hypocrisy of Slashdot readers who find it ok to steal music and movies, but who find infringements from the likes of Sco and Microsoft to be wrong
    • It's people like this who are causing movie ticket prices to be so high
    • If they'd make better movies, then more people would go to see them in the big theatre, and not prefer to watch them at home
    • Why are people who commit copyright infringement given sentences equal to, or often more than those given to violent offenders? One's clearly a crime, while the others merely a misdemeanor
    • Come on and get me MPAA/RIAA - I've got the guts to fight you! I'm going to keep sharing stuff just to piss you off. Muwahahahaha

    And so on...

    1. Re:Allow me to save y'all some typing by 8127972 · · Score: 0

      You forgot one.

      CowboyNeal (+5 Funny)

      --
      This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
    2. Re:Allow me to save y'all some typing by Anonymous Coward · · Score: 0
      • Profit
    3. Re:Allow me to save y'all some typing by Anonymous Coward · · Score: 0

      Here is a BIG ONE you missed.

      Let's assume that information can be assigned the concept of "property". It therefore follows that an individual can have intellectual "property" of his own. Let's also assume that eventually everything you say and do online is tracked. (as anything that the government could not track would instantly become the route dejour of filesharing technology)

      Put even aside issues of the effects to free speech that the loss of anonimity causes. This still becomes a threat to--

      "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures"

      If ideas are indeed "property" and the government can intrude on your private property to "just in case" inspect for a violation (something that seems to ironically contridict other aspects of the DMCA in that they MUST DECRYPT your personal data).

      Anyhow eventually this contridiction nullifies the forth ammendment. (or at the very least government will need to explain how information "is property" AND "is not property".

        ~ "They who would give up an essential liberty for temporary security, deserve neither liberty or security"

            BF

    4. Re:Allow me to save y'all some typing by Aldric · · Score: 1

      You also forgot "Those RIAA/MPAA bastards will be the first against the wall when the revolution comes." Or is that just me?

  35. "Blockbusters?" by dtmancom · · Score: 2, Funny

    If on some planet those movies are considered to be 'blockbusters,' then his main legal defense should be, "But this is Earth."

  36. Where's the justice? by Anonymous Coward · · Score: 0

    This guy could be facing jail time and hefty fines while the people that made and starred in these god forsaken movies took thousands of hours of innocent movie-goers precious life away never to be returned are walking the streets free (and rich)....

  37. Depends who's doing it. by ackthpt · · Score: 1
    Why don't you go out this monday night and grab a bunch of kids trick or treat bags... its all stealing, either way you look at it! Just because its a new medium doesn't make it any right...er?

    When you do it it's stealing. When the gummint does it, it's taxes.

    The worst, most blatant piracy I've seen in my live was in educational institutions and government offices, where they'll just copy stuff, install it on more than one computer, etc. Is this the original form of "Entertainment Tax"?

    And to be caught and sent to a Chinese prison for... daredevil? Ick.... that just ain't worth it.

    What do you know about chinese prisons?

    Outside Hong Kong I'd expect token punishment to show willing in complying with international copyrights and so on. In Hong Kong I'm not sure. Under the brits the guy would do cold porridge, under the special HK administration, who knows?

    I did have an ebay run-in with a weasel in Hong Kong, which I brought in the police for. It's in my journal.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Depends who's doing it. by 1u3hr · · Score: 1
      Under the brits the guy would do cold porridge, under the special HK administration, who knows?

      There are few changes in the law or its administration. Many judges are still British, as is the basis of the law. Mainland law has trumped a few local laws, but only in high-profile cases involving electoral procedures, etc. There is still no capital punishment.

  38. Yeah!!! UseNet!! by almound · · Score: 1

    Supplying some of the other 25%.

  39. Huh? by spuke4000 · · Score: 1
    The headline doesn't imply that all bittorrent users are pirates, just one, who used bittorrent and was convicted of piracy, is.

    It's like saying that a headline reading 'Driver charged with hit an run' means that all drivers a running people down.

    --
    This post cannot be rebroadcast without the express written constent of Major League Baseball.
  40. well.. by Anonymous Coward · · Score: 1, Interesting

    I live in HK, I've been following the story for a while.

    the guy was seeding the films.

    the customs and excise agents tracked him down by monitoring local torrent sites and then following up with his ISP from his IP address.

    it looks like they downloaded the films(or started to anyway) themselves in order to get his IP address

    this is a major deterrent to the endemic problem here of pirated DVD's. The pirates download them via bit torrent and then burn them and sell them on the street or in dodgy DVD shops in certain computer malls here.

    It's already been stated here in the press that since this guy got arrested, P2P downloads have dropped by 50% from within the territory, it's a short term thing..once a suitable alternative comes out, the pirates will start to use it.

  41. Guilty by knowledge? by gaanagaa · · Score: 2, Interesting

    So if a tech-unsavy person is uploading while downloading as part of the protocol, s/he is likely not intending to infringe copyright in the uploading, and therefore likely not guilty of an infringement. However, the downloading itself may be an infringement, and by virtue of clicking the link, you have shown intention (though shown, it's not proven; accidental clicking, etc.). Incidentally, I do not know what would happen if you were downloading a copyrighted movie you already own (fair use/dealing), and you were aware of the uploading. In that case you may be infringing copyright, but at the same time exercising your right to a backup, though to exercise that right through the bittorrent protocol, the only means of acquiring a backup given the DVD copy protection, you must redistribute and inherently infringe portions of the copyright.

    1. Re:Guilty by knowledge? by nickname225 · · Score: 3, Informative

      The law (in the U.S.) recognizes two types of intent. There is "Specific Intent" - meaning that you intended the effects that occurred. An example of a specific intent crime is Murder. To be guilty of Murder you had to intend to kill. Most crimes in the U.S. are NOT specific intent crimes. The other kind of intent is "General Intent". General intent means that you intended to do what you did - even if you did not intent the consequences that occurred. An example of a general intent crime is Negligent Man slaughter - You intended to drop the brick out the window - You didn't intend to kill. So - If you intend to click on the download button - that intent is sufficient to support a conviction for uploading. Because intent can never be proven - in courts it is supported by circumstantial evidence. I am a lawyer and I work tangentially in the criminal law arena

    2. Re:Guilty by knowledge? by Anonymous Coward · · Score: 0

      Note: the following applies in the US, and may not apply elsewhere.

      Downloading is infringement. Even if you legally own a copy of the material, downloading is an infringement--your right to a backup is to a backup of your copy, not of any copy you can lay your hands on.

    3. Re:Guilty by knowledge? by crankyspice · · Score: 1

      So if a tech-unsavy person is uploading while downloading as part of the protocol, s/he is likely not intending to infringe copyright in the uploading, and therefore likely not guilty of an infringement.

      From Playboy Enterprises v. Frena, 839 F. Supp. 1552 (M.D. Fla. 1993):

      There is irrefutable evidence of direct copyright infringement in this case. It does not matter that Defendant Frena may have been unaware of the copyright infringement. Intent to infringe is not needed to find copyright infringement. Intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement; rather, innocence is significant to a trial court when it fixes statutory damages, which is a remedy equitable in nature. See D.C. Comics Inc. v. Mini Gift Shop, 912 F.2d 29 (2d Cir. 1990). (Emphasis added.)

      --
      geek. lawyer.
  42. Re:I am aghast by Dr.+Evil · · Score: 1

    Yeah, the EFF is going to sue this "China" out of existance! They don't stand a chance!

  43. Re:Well, duh... by Joe+Random · · Score: 2, Interesting
    Why don't you go out this monday night and grab a bunch of kids trick or treat bags... its all stealing, either way you look at it!
    Sigh. Not this again. No, it's not stealing. At worst, it's copyright infringement, although the [MP|RI]AA seems to be doing a decent job of convincing everyone otherwise.

    A better analogy would be if you had access to a replicating machine, and little kids allowed you to use it to make copies of their candy. Still, even that analogy breaks down when you consider that movies, unlike candy, are not consumable.

    Perhaps a better analogy would be going into a library and photocopying one of the books so that you could take it home and read it at your leisure. If you saw someone walking out of the library with such a copy, would you point and shout "Thief! Thief!", in the same manner which you might if you saw a shoplifter shove a dozen DVDs down their pants and try to leave the store? No? Then it's not stealing.
  44. question by Adult+film+producer · · Score: 1

    Is a person truly guilty of a crime if they only download these movies but refrain from profiting or watching them.. but they simply use the opportunity to aid the global community in accessing this information ?

    1. Re:question by Avacar · · Score: 1

      ...they simply use the opportunity to aid the global community in accessing this information ?
      Helping others access it could still be considered distributing it.... the very thing which this case is about: You cannot distribute copyrighted material to others.

    2. Re:question by slavemowgli · · Score: 1

      Copyright infringement per se is not a crime (i.e., a criminal offense) in any place I'm aware of, so... no. But it still would be copyright infringement, obviously; the question whether he actually watches the movies is irrelevant.

      --
      quidquid latine dictum sit altum videtur.
  45. Beware of the Wedge Issue by pieterh · · Score: 4, Insightful

    Such court cases only happen because the movie industry pressures courts and law enforcement, presumably with some support from U.S. trade or diplomatic channels. Now, the clever thing about such court cases is that they focus on the black/white legality of an action, and ignore the wider ramifications. Very typical of the divide and rule approach. You are either for the movie industry, or you are for thr pirates. This is what Fox TV calls a "wedge issue" and it's a clever way of keeping people divided while avoiding useful debate.

    It is a false issue, and anyone discussing whether "piracy is right or wrong" is falling into the trap.

    What most people actually are for is a better way of getting content. We don't like thieves. We don't like stealing. But we find paying $50-$100 to take the family to the movies unjustly expensive.

    The movie, music and TV industry has to give its customers what they want, or they will - court cases or not - lose those customers.

    And the simple solution, by the way, is to boycott Holywood, and boycott the record labels that sponsor the RIAA. Consumers do not have much power, but - as Rosa Parks demonstrated - even the most humble of us can refuse to give our money to those that would mistreat us.

  46. Down with bittorrent! by rmadmin · · Score: 1

    OMG!! Lets get rid of bittorrent now!! It can't possibly have any use other than piracy!!! Lets make it "illegal software"... At first I thought the title said "Bittorrent users guilt of piracy". I was like "Uh.. no" I downloaded knoppix from a torrent last night.. only reason it caught my eye. :)

  47. You forgot: by Create+an+Account · · Score: 1

    We've seen all this before, we know how this thread will go, allow me to sum up...

  48. Blockbusters by Gogo0 · · Score: 3, Informative

    Pretty off-topic, but whatever...

    Hollywood Blockbusters

    A "Blockbuster" is a movie that grosses $100 Million or more.
    Red Planet brought in $33 Million worldwide, nowhere near a blockbuster as it is defined.

    But then I guess anything that comes out of hollywood (or even before it comes out) is considered a blockbuster these days, regardless of how bad it is. Hooray for marketing.

    1. Re:Blockbusters by Anonymous Coward · · Score: 0

      A "Blockbuster" is a movie that grosses $100 Million or more.

      Hmmm, that definition seems to be missing from the dictionary!

    2. Re:Blockbusters by Anonymous Coward · · Score: 0

      I thought you were just pulling numbers out of your ass for Red Planet, but according to IMDB you are right! The film had an estimated budget of $75 million and only made roughly $33.5 million worldwide in theatres. Though it did reasonably well in rentals ($22.7 million), it still fell well short of breaking even. Ouch!

    3. Re:Blockbusters by cpeterso · · Score: 1


      But then I guess anything that comes out of hollywood (or even before it comes out) is considered a blockbuster these days, regardless of how bad it is. Hooray for marketing.

      exactly, the government should be arresting the filmmakers, not the file sharers. The filmmakers are responsible for creating crap films that people are unwilling to pay money for. The filmmakers are guilty.

    4. Re:Blockbusters by pseudochaotic · · Score: 1

      Perhaps they are using the other definition of blockbuster; "A high-explosive bomb used for demolition purposes."

      --
      And the l33t shall inherit the 34r7h.
  49. Re:This isn't the deterrent. Price is! by NeoSkandranon · · Score: 3, Insightful

    The only difference between a seeder and the other users is that the seeder has the completed copy. In both cases you're uploading something you don't have distribution rights for, so I'm curious how you're making the distinction.

    --
    If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
  50. Re:This isn't the deterrent. Price is! by Anonymous Coward · · Score: 0

    Yah, that way you can save that precious bandwidth for all those porn movies you download.

    Nor would you want to take up any of the 18 hours you spend playing fantasy games on the net. that would be a "waste" hee hee

    It takes all of 8 minutes to burn a dvd, and god knows, with 500 gig harddrives these days, there is not enough room to store a 4 gig dvd on your hard drive.

  51. Having been to China... by crashcodesdotcom · · Score: 4, Informative

    In China...

    Pirated copies of all kinds of things are sold at shops out in the open for all to see. They don't even try to hide it.

    At one place I thought was like a flee market, they were selling GBA cartridges for about $5 US (before haggling). The cartridges looked legit at first. I just assumed they were used, then I saw a 6 games in one cartridge. Not a game like the Atari collection or something like that but like 6 Super Mario games in one including a recently released title.

    Another place I went to was in a strip mall like shop. It looked like a retail buy/sell/trade place you might find in the US. Maybe like a mini version of an EB games store. The clerk behaved just like someone working at EB might act. Not pushy, but really zealous about gaming. I didn't even know it was a store for pirated stuff, until the issue of price came up. A few games were priced higher than the others only because it required a different type of DVD. Between that and the prices, I finally realized what they were selling.

    The point of all this? I wonder if most Chinese have even given piracy moral consideration. /.ers may be pro piracy, insulted by the word pirace, anti-piracy, or whatever; but at least moral consideration was made at some point.

    For a long time, I've been very careful about piracy and stuff. I got my own convinctions about it, and I try hard to hold true to them. I've explained this to my wife, who is from China, over and over again. Yet she continually puts me in compromising situations, and has to be reminded why I wont go along with it. Outside of my influence, I don't think she has any considerations toward piracy whatsoever.

    1. Re:Having been to China... by bitkari · · Score: 1

      China are very flippant when it comes to the copyright of material from other nations, but in time they will fall in line as they will eventually want other nations to obey their copyright.

      For a long time the United States freely duplicated materials that were under English copyright. Eventually, it became in their interest to put an end to the practice so that they may profit by selling their own works by asserting copyright.

      I suspect that as China develops a slightly more outward-looking perspective it will in time do more to enforce copyright so that they too may benefit.

    2. Re:Having been to China... by Anonymous Coward · · Score: 0

      Well from my own experiences, yes, chinese people (I want to say southeast asia, but I don't know enough about the region to generalize like that, and the topic is about China) don't really have any concept of morality. They have plenty of culture, sure, but any culture that celebrates new years by refusing to bathe clearly needs some straightening out. Now that's probably an antiquated tradition for most chinese, but that's what my ex-gf, a Hong Kong immigrant, did two years ago. She also lies to her parents about not having her citizenship, so she can't move back home just yet. They pay for her apartment, btw.

      With all the talk of China as an emerging superpower, maybe they've decided to start duplicating western culture, instead of just duplicating western products. It would probably help with diplomacy between the US, at any rate.

    3. Re:Having been to China... by grumpyman · · Score: 1
      I don't think it's about Chinese or non-Chinese. It's all about crime and punishment, and maybe the influence of record/music industry in north america here vs the ones in China.

      The point of all this? I wonder if most Chinese have even given piracy moral consideration. /.ers may be pro piracy, insulted by the word pirace, anti-piracy, or whatever; but at least moral consideration was made at some point.

      Dude, are you joking? You think they're different? Let's talk about the consumers of such materials. So you're saying /.ers are on higher grounds just because they have moral considerations? And the Chinese can't tell between right and wrong on this copyright issue? And actually doesn't that make it worse for the /.ers who are pro-piracy? It's like mangslaughter (The unlawful killing of one human by another without express or implied intent to do injury) vs murder (The unlawful killing of one human by another, especially with premeditated malice). They don't know it's wrong or don't know the damage it cost so they do it; vs /.ers know it's wrong and still keep doing it.

      It almost becomes a fashionable sports here: anything /.ers - good; anything Chinese - bad.

      There's no difference between the /.ers who are pro-pirvacy thinking its ok to share MP3/movies, versus the Chinese go down the street to buy it. Both of them think the entertainment industry are ripping them off, making too much money and that's why neither give a crap about it.

    4. Re:Having been to China... by Rocketship+Underpant · · Score: 1

      "I don't think she has any considerations toward piracy whatsoever."

      For 5000 years of human civilization, sharing and spreading culture and information was the norm. In some places, scribes would laboriously copy each book or manuscript that came their way in the hopes of preserving and spreading knowledge. Musicians invented music because they were driven to; artists painted and sculptors sculpted for the same reasons. People shared, copied, improved on, and passed on each others' stories, fables, art, and songs. People innately recognized that culture and knowledge, unlike physical objects, could be freely shared without anyone suffering a loss.

      Perhaps the modern Western socialist-democratic state that tries to regulate information and guarantee profits for the media corporations is an exception that goes against human nature. I believe your wife's attitude is the natural and moral one.

      --
      He who lights his taper at mine, receives light without darkening me.
    5. Re:Having been to China... by crashcodesdotcom · · Score: 1

      Dude, are you joking?
      No. I think this is a legitamit conjecture based on personal experiences that may ultimately prove to be untrue or more likely never proved/disproved.

      You think they're different?
      Yes.

      So you're saying /.ers are on higher grounds just because they have moral considerations?
      Umm.. Even if the conjecture is true, I don't know if a comparison of moral grounds is even relavent. I think it is better to make a decision about the morality of an activity, but the thought that such a decision may have never been made is intresting. I mean, assuming this is true, why is it that they haven't bothered considering it?

      And the Chinese can't tell between right and wrong on this copyright issue?
      Collectively /.ers can't; but that's beside the point. Maybe they haven't tried to decern the difference.

      They don't know it's wrong or don't know the damage it cost so they do it; vs /.ers know it's wrong and still keep doing it.
      Not that all /.ers think it's wrong, but that's an interesting way to look at it. Maybe they could be less liable because of it or something.

      It almost becomes a fashionable sports here: anything /.ers - good; anything Chinese - bad.
      Chinese generally are not bad, but who would mention the things that they do that are status quo or slightly better than?
      Why would I be compelled to tell anyone on slashdot that I like the way they do their pickup basketball games there? (They play games to 3-5 points so that people don't have to wait to play as long.)

      Anyway, thanks for the reply.

    6. Re:Having been to China... by Anonymous Coward · · Score: 0

      "Perhaps the modern Western socialist-democratic state that tries to regulate information and guarantee profits for the media corporations is an exception that goes against human nature."

      Well said.

      The right to copy information is a natural right. In contrast, according to the US Supreme Court, "patents and copyrights are exclusive rights of limited duration, granted in order to serve the public interest...". Without the Consitutional provision for copyrights and patents, the natural right to disseminate information would prevail, as it has throughout human history. It's only through the specific provision of the US Consitution that "the Congress shall have power ... to promote the progress of science and useful arts..."

      When the courts have caught up with technology, and/or when US society collectively decides that current laws don't serve their Constitutional purpose, then current laws could very well be struck down as unconstitutional, and therefore immoral and in violation of basic human rights. There is therefore no guarantee that current copyrights and patent laws are moral or good. Indeed, is seems much easier to argue the opposite, which is the goal of advocacy groups like the FSF.

      I think the vast majority of readers here (minus the shills and trolls) agree with the FSF's position on this issue. When the media and the industry shills presume the high moral ground on this issue, they are relying on the "begging the question" fallacy, as well as on the ignorance of the courts and of the general public. They don't want to argue the issues for their real merits, because they know most intelligent and thoughtful people just won't agree. Much less would they want to deal with the economic colonialism issues involved with US copyright and patent laws, which are raised by this article.

    7. Re:Having been to China... by jcorgan · · Score: 1
      In China...

      Pirated copies of all kinds of things are sold at shops out in the open for all to see. They don't even try to hide it.

      The government does have periodic crackdowns, however, though whether these are for show or for real is hard to say.

      The most recent time I was was in Shenzhen, a group of us were at the shopping mall adjacent to the train station. Outside, random strangers would accost us in the typical way, asking "DVD? DVD?" (They were competing for our attention with the ones asking "Massage, massage?" :-)

      On a lark, we said okay (to the DVD hawker), and this woman walked (the five of) us up to the very top (9th?) floor to a stereo shop without a DVD or CD in sight.

      Once inside, they pulled down the aluminum sliding door as if they were closing shop. Another person climbed a ladder, removed two speakers from a display, then removed a section of false ceiling above the speakers. Climbing inside, he began to lower down box upon box of copied DVDs, probably a couple thousand in total, all the time telling us in fairly good English about how the local police don't really care as long as it is kept out of sight. These were DVD-9s with original cover art and packaging, recent releases, going for about 10-20 RMB ($1-$3 or so) depending on quantity and bargaining skills.

      Yes, movie piracy is alive and well in China.

      --
      Babies are cute because they have to be.
    8. Re:Having been to China... by DigitalHammer · · Score: 1

      Huh? I'm chinese and I certainly bathe on the first day of chinese new year. The French are known to not bathe after two days or more on a regular basis--change that.

      And yes, chinese culture does include many concepts of morality, it just so happens that the rules dictated by the corrupt chinese *government* distorts these values. For example, true independent unions are outlawed in China, thus allowing business managers to shaft those sweatshop workers sewing Walmart jumpers for thirtysomething cents and hour. Workers could revolt back in the day, but with the nearest PLA regiment ready to knock down a picket line and a state controlled press to vilify them, protesting for better wages is not exactly a great way to obtain them. Again, a lot of China's (current) "moral" problems are due to the government rather than the culture.

  52. strange fixation on transfer protocol name by Ahaldra · · Score: 5, Informative
    I cannot remember any slashdot article reading "HTTP user guilty of piracy" - What is it with BitTorrent that people are so hung up on the name of the transfer protocol?
    Just because it's fast doesn't make it illegal! Every time a dumb headline like this is posted the tech crowd shoots itself in the foot - It's like saying "Porsche driver guilty of manslaughter", these two things may have something to do with each other, but expressing it this way makes it appear as if they are causally related - which they are not.
    It's not that this specific transfer protocol enables copyright infringement right out of the box or anything....

    --
    Code is Speech. No to Censorship.
    1. Re:strange fixation on transfer protocol name by VIIseven7 · · Score: 1

      I figure it's significant since this is the first known instance of someone using Bittorrent to download Hollywood films.

    2. Re:strange fixation on transfer protocol name by josh82 · · Score: 1

      "I cannot remember any slashdot article reading "HTTP user guilty of piracy" ... "It's like saying "Porsche driver guilty of manslaughter"

      Indeed. Furthermore, they could at least arrange the grammar of the headline to actually denote that he used BitTorrent in the act of piracy, not just that he was simply a BitTorrent user. E.g., "Nerdlinger uses BitTorrent to pirate movies", or something to that effect.

      I mean, it's probably a good bet that a few murderers in the world have, in the past, tried BitTorrent once or twice. But that wouldn't justify headlining an article "BitTorrent user murders stepmother".

      In conclusion, I shall repeat the phrase that is given far too little emphasis in the education of most people, journalists undoubtedly included: "Correlation does not equal causation". --Just because somebody uses X to do act Y doesn't entail that there is any direct relation between X and Y whatsoever.

  53. Re:This isn't the deterrent. Price is! by KarmaOverDogma · · Score: 2, Interesting

    "...If he was seeding the torrent, whatever -- he deserved it, I'd think that it would be 'scarier' if he was just a user downloading/uploading by using the seeded torrent."

    I think that was exactly the point of the lawsuit; they (the media industry) want to give *all* who use bit-torrent for illegal distribution of copyrighted materials pause. Not just the seeder, but all those who consequently share the bandwidth of it as well (i.e., the leechers).

    I would imagine that the only difference beween being a seeder or a leecher might possibly be the penalty the prosecutor asked for; unauthorized seeder or leecher - it's illegal just the same.

    I'm not saying I like what happened, and I too would like to know if he was the original seeder, but I guess what I'm trying to say is - I don't think the media industry cares too much. I agree that going after leechers has more chilling implications, but that's probably what they're aiming for.

    --
    uR iGn0ranc3, Their Power
  54. Re:This isn't the deterrent. Price is! by MarkByers · · Score: 4, Insightful

    'I don't have to waste bandwidth downloading it'

    Bandwidth is very cheap and getting cheaper and faster. It won't be long before it is faster to download a film than it is to walk to the video store and back. In some places it already is that fast. Besides, most people have unlimited bandwidth deals where if you *aren't* using it, you are wasting more money than if you use it to it's full potential. Most programs can download in the background so that they do not disturb your browsing etc.

    'the time to burn it to DVD'

    You can do this in the background. If you use a modern OS like Ubuntu with built in support for burning to DVD, burning to disc is such a trivial exercise that it's hard to understand how Windows makes it so hard to do this simple task quickly. Even if you don't want to burn it, you can watch the film directly from your hard disk and then delete it when you are done.

    'my drive space'

    Because drive space is a scarce commodity? All you need is a gigabyte or two free for the twenty minutes it takes to burn.

    It's not that I condone copyright infringement, but you will have a hard time convincing other people that they should go out in the rain/snow, etc. to buy a film rather than download it from the comfort of their own home.

    Wouldn't it be simpler if the music industry just decided that downloading films via the internet was a viable business strategy?

    --
    I'll probably be modded down for this...
  55. Re:Well, duh... by tomhudson · · Score: 1

    im not kidding i am gonna go steal some kids candy, and know it is wrong.
    That's what parents do every hallowe'en -

    • "gotta check the stuff to make sure its all safe ..."
    • "no, you can't have it all tonight" (then parent proceeds to eat most of the mini chocolate bars and leaves the crap stuff for the kids)
    • "no, you can't have those - they're bad for you" (then parent eats them)
    • "aren't you going to be a good little girl/boy and share?" (laying on the guilt trip)

    Come on, tell me I'm wrong. What this guy did was not stealing. What parents do nowadays is literally stealing candy from a kid. Admit it - you've swiped a few of those mini chocolate bars from your kids stash! So, what does that make you - a copyight infringer or a thief?

  56. Question about laws/ BitTorrent by Anonymous Coward · · Score: 0

    If I remember correctly about the way BitTorrent works.. if I download something, I automatically serve content as well, right? So if I download something like a movie, a game, etc.. I am also distributing it.. hmm.. looks like BT is in for some trouble for sure.

  57. Re:This isn't the deterrent. Price is! by CoderBob · · Score: 3, Interesting

    What I want to know, and the article doesn't say, is whether he was a "distributer" or whether he was just an unlucky sharer that was downloading a movie and got nabbed. If he was seeding the torrent, whatever -- he deserved it, I'd think that it would be "scarier" if he was just a user downloading/uploading by using the seeded torrent.

    Note: I'm going to be using "you" to mean "people in general", not "you in particular".

    Now, I'm not familiar with Chinese copyright law as it stands, but I have a feeling he's guilty either way. If you want to glamorize this and call it "civil disobedience", then be ready to go down for your actions. If not, just admit that as the law stands now, regardless of whether that is morally right or wrong, the action is illegal, and that he is being punished for what he did.

    I'm more likely to laugh at every person- downloading, uploading, sharing, seeding, whatever- that gets caught and whines about "their rights" than I am to feel sorry for any of them.

    No, I do not buy movies or CDs often- a few here and there, and most likely at a band's show for a CD- but I also don't bother downloading a bunch of stuff and then whining that I got caught. You seem to be in a similar boat to me. If you enjoy it, you buy it when it gets cheaper. Save yourself the money and the hassle of downloading.

    And if all of it sucks so much, why do people want it in the first place?

  58. True Security by Anonymous Coward · · Score: 0

    What about NON copyrighted, personal, or government information you want to PROTECT?

  59. then rest assured... by C0vardeAn0nim0 · · Score: 1

    that you'll never be caught.

    good movies either:

    - are not from hollywood;
    - don't make them enough money to justify action;
    - all of the above.

    so go ahead and download your good movies at will.

    --
    What ? Me, worry ?
  60. Re:Well, duh... by zoomba · · Score: 1

    The better analogy would be someone going into a bookstore and photocopying books instead of purchasing them. Then you would have people yelling "Thief!" most likely.

  61. Re:Well, duh... by Anonymous Coward · · Score: 0

    I am amazed at the utter stupidity of people like you. To the point that I bet you can not breathe, walk and chew gum at the same time.

    Listen complete and utter moron. Copyright infringement IS NOT STEALING. stealing requires me to deprive you of that item. if I take a copy I made of something you created and give it away you lose NOTHING... you cant even legitimately claim a lost sale as those that download it or take it for free would have NEVER bought it in the first place. what idiot (other than one as stupid as yourself) would be satisfied with a horribly compressed small resolution copy of a movie where they can get most of the drivel in the $8.00 bargin bin at full resolution DVD.

    it amazes me exactly how incredibly stupid you are. I'm betting that others feel stupider when they are within a 10 foot circle around you because of your immense stupidity sucking what intelligence there is around you into the black hole of stupidness you are.

    Please, do everyone a favor and go kill yourself. the world is going to hell with the mentially retarted people like you having children and then teaching them to be incredibly stupid.

    Please? will you die for the good of humanity? please? dont make me lobby for open season on those with an IQ lower than 70 (yours being around 42 means that you will be one of the first to die)

    wow, i feel stupider just reading the insanely stupid crap you post.

  62. No, he was found guilty of copyright infringement. by jbn-o · · Score: 2, Informative

    If you're going to make legal analysis, at least try to use the correct terms. It's headlines like these that confuse the public into believing that "movie internet piracy" is something one can be convicted of.

  63. And in other news by deanj · · Score: 0, Offtopic

    ...and in other news, smoking causes cancer!

  64. Re:Well, duh... by Anonymous Coward · · Score: 0

    You, my friend, have been trolled.
    It makes me feel all good inside to see that you not only posted a nice long essay, but acused me of being so stupid when it was you biting on a classic troll.

    Thanks for making my day!
    -FK

  65. They're both potentially responsible. by TheSHAD0W · · Score: 1

    Setting aside my opinions on whether IP should exist or not, the people running the tracker server(s) sharing pirated data could conceivably be held responsible, a la Napster, for contributory infringement. That doesn't mean the primary infringer can't be held responsible as well. Either way, the BitTorrent software itself hasn't been held responsible, which makes me happy.

    1. Re:They're both potentially responsible. by slavemowgli · · Score: 1

      Whether the tracker could be help responsible or not very much depends on the laws of the country you're in, though.

      --
      quidquid latine dictum sit altum videtur.
  66. Similar news in Sweden by kurt_ram · · Score: 2, Informative

    AP is reporting that "A Swedish court on Tuesday handed down the country's first Internet piracy conviction, fining a man 16,000 kronor ($2,000) for using a file-sharing network to distribute a movie online". Link here.

    --
    Clearly, Google is the next Microsoft.
  67. Damn SUBMIT button is too close to PREVIEW!!! by mark-t · · Score: 1

    That should be, even if does _not_ happen to match your definition.

  68. Re:This isn't the deterrent. Price is! by 1u3hr · · Score: 1
    What I want to know, and the article doesn't say, is whether he was a "distributer" or whether he was just an unlucky sharer

    He had a copy (or bootleg) discs and seeded them to BT. See this story from the South China Morning Post (it's a mirror, the Post site is subscription only).

    Photo images of the labels of the compact discs were also found on the computer.... Senior Inspector Kwan said the originating "seeder" computer was most responsible for the distribution of the copyrighted work... Mr Francis argued that the process of downloading was initiated by the downloading computer and not by the seeder computer. But Senior Inspector Kwan said the seeder computer had to be turned on and connected to a BitTorrent-user website first.
  69. Re:I've said it before, and I'll say it again... by Anonymous Coward · · Score: 0

    Actually, BitTorrent has more in common with FTP than most "p2p" applications (strictly speaking FTP is also a p2p protocol). Just like FTP you need to know specifically where to get a torrent before you can do a transfer. The searching stuff has nothing to do with BitTorrent (same as FTP).

    The difference is the speed. Because BitTorrent uses many peers it's a hell of a lot faster than FTP unless you are the only person using the FTP server. So BitTorrent lets more people get more stuff much faster. FTP is a bandwidth leaching protocol while BitTorrent is a bandwidth sharing protocol. Neither provide searching which is what most people mean by "p2p" applications.

    In short: you're an idiot.

  70. Re:This isn't the deterrent. Price is! by Anonymous Coward · · Score: 1, Insightful

    If he was seeding the torrent, whatever -- he deserved it, I'd think that it would be "scarier" if he was just a user downloading/uploading by using the seeded torrent.

    What's the difference? In both cases, he's illegally distributing copies to others. Seeders are nothing more than people who have a complete copy.

    What deters me is simply that it's more worth it to just buy the movie in the store.

    Last time I bought a DVD legitimately, I had to sit through twenty minutes of unskippable adverts to get to the film I legitimately own. And I have to do it every time I want to watch that film. I haven't bought a DVD since; the stuff you get from the 'net doesn't have crap like that in it. I'd happily pay for the service I get from pirates, I'm not willing to pay for the service I get from the legitimate copyright holders.

  71. Re:Hmmm... both! by Anonymous Coward · · Score: 0, Redundant

    Keep this in mind when you think you have something funny to say:

    "Explaining humor is like dissecting a frog. You can do it, but it tends to die in the process."

  72. Re:I am aghast by Anonymous Coward · · Score: 0

    At the end of a sentence, a period should go inside the quotation marks.

  73. Pirates aren't Rosa Parks by Mr.+Underbridge · · Score: 1
    It is a false issue, and anyone discussing whether "piracy is right or wrong" is falling into the trap. What most people actually are for is a better way of getting content. We don't like thieves. We don't like stealing. But we find paying $50-$100 to take the family to the movies unjustly expensive.

    Uh huh. You don't connect the dots there, but it sounds a lot like you're justifying piracy on the basis that movies are too expensive. You say we want a "better way to get content" without mentioning a distribution method, but you do go on to mention cost. So it sounds like your "better way" is a "cheaper way." Well guess what? That still doesn't give you the right to rip it off. Know what I do when I can't afford something? I don't buy it. Besides, if you wait, the movie will cost $4 to rent, and even the poorest of us can afford that. The "cost as justification" argument isn't going to work.

    And the simple solution, by the way, is to boycott Holywood, and boycott the record labels that sponsor the RIAA.

    That's true. But such a boycott kind of loses the message if you rip off what you're boycotting. Otherwise, you're just boycotting *paying* for movies, and that's probably not the message we want to send. So if we're going to boycott Hollywood, let's also make sure not to watch their movies.

    as Rosa Parks demonstrated - even the most humble of us can refuse to give our money to those that would mistreat us.

    I don't know where to start on that one. Rosa did pay to get on the bus, she just didn't sit in the back. And please, don't cheapen what she did by putting it in the same class as movie piracy, because civil rights is just slightly more important. I also hope you're not saying that piracy is civil disobedience, because it's not. It's just taking what you want without paying for it. Doesn't make you an inspirational leader, just makes you a criminal.

    1. Re:Pirates aren't Rosa Parks by pieterh · · Score: 2, Insightful

      I'm not justifying piracy, I'm saying the problem is not about piracy, it's about overpriced, out-of-date products.

      Did you actually read my posting, or are you simply attempting to divert my argument back to the wedge issue that I clearly identified?

      So long as Hollywood tries to force people to pay over the top for movies, there will be pirates. This seems obvious, and any discussion about whether piracy is "good" or "bad", whether it's "theft" or "copyright violation" is a waste of time. It's the question itself that is misleading. There is no good answer except to change the way movies are sold and provide a product that people will be glad to pay for. It's basic sense. Charge a couple of dollars to download a good quality movie, from a reliable network, and people will for the most part happily pay for the real thing rather than muck around with fakes.

      As for boycotts, I'm serious. Rosa Parks started a boycott that lasted almost a year. It was the only way that the community could fight against an oppressive regime.

      And yes, this is about civil rights. Maybe you've missed this, but over the last decade the pendulum has started to swing towards a regime in which all content is property, and all unauthorised access is a crime.

      Let's connect the dots, shall we?

        1. Take communal property.
        2. Become owner of this property.
        3. Rent back to original owners.
        4. Profit.

      No-one honestly cares about a few B-grade movies. The grand prize is a lock-down of the world's cultural, genetic, and technological heritage, and every court case of this nature pushes the law further towards corporate policeman and further away from protector of the community.

      But heck, interpret this as a vote for piracy if you want to!

    2. Re:Pirates aren't Rosa Parks by Mr.+Underbridge · · Score: 1
      I'm not justifying piracy, I'm saying the problem is not about piracy, it's about overpriced, out-of-date products.

      Your problem isn't about piracy. Oddly enough, the studios consider it to be so. And if you consider their products overpriced and out of date...don't buy them. That's your option.

      Did you actually read my posting, or are you simply attempting to divert my argument back to the wedge issue that I clearly identified?

      Sure did.

      So long as Hollywood tries to force people to pay over the top for movies, there will be pirates.

      So long as Ford tries to force people to pay over the top for cars, there will be carjackers. See how ridiculous that is? The business model does not justify the illegal act. There will always be criminals, but it doesn't make it OK.

      As for boycotts, I'm serious. Rosa Parks started a boycott that lasted almost a year. It was the only way that the community could fight against an oppressive regime.

      And I'm saying that assocating trivial problems like not getting to see movies when you want for the price you want with real problems like racism cheapens such analogies.

      And yes, this is about civil rights. Maybe you've missed this, but over the last decade the pendulum has started to swing towards a regime in which all content is property, and all unauthorised access is a crime.

      THat's not civil rights. Getting the right to vote is civil rights. Getting the right to go to school is civil rights. And works less than a year old have always been protected by copyright, so don't give me this "last 10 years" crap. If you want to be civilly disobedient, go download Citizen Kane, not Star Wars III.

      But heck, interpret this as a vote for piracy if you want to!

      Are you using that lame-assed argument as an excuse to pirate movies, or do you maintain the moral high ground by not doing so?

  74. Re:Well, duh... by PGC · · Score: 1

    It is more like reading the book while being in the shop and telling your friends that they should do the same... can you consider that stealing ?

    --
    The Dutch will inherit the earth. If not, we'll settle for a bit of ocean. Beta delenda est!
  75. Re:Well, duh... by heinousjay · · Score: 1

    See my signature re: your justifications and rationalizations.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  76. Re:This isn't the deterrent. Price is! by glesga_kiss · · Score: 1
    In both cases you're uploading something you don't have distribution rights for, so I'm curious how you're making the distinction.

    The person that originally seeds the torrent is clearly more guilty. If anyone in this story can be accused of distribution, it's the person that made it available. If it was not for them, it wouldn't be there.

  77. Mistrial by adnausium · · Score: 1

    demand an appeal man!! there is no way anyone downloaded those movies...

    --
    Don't ya hate it when the correct spelling of your favorite screen name is taken?
  78. Re:This isn't the deterrent. Price is! by Taladar · · Score: 1

    You see downloading as a hassle, most downloaders actually see buying it legally as a hassle (in addition to the costs). It getting cheaper doesn't change that you have to drive to the store to get it legally while downloading is just one mouseclick away.

  79. Re:I've said it before, and I'll say it again... by stinerman · · Score: 1

    This is probably the most assanine thing I've ever heard on /.

  80. Same as in the USA by Frankie70 · · Score: 3, Interesting

    During the time of Charles Dickens, there were no copyright laws for books in the USA. They didn't need
    them because very few books were written in the USA. All their books were written by English authors
    like Dickens - so not having copyright laws mean that US printers could print British books without
    paying any royalty & sell them for pennies.

    Charles Dickens saw this on his visit to the USA & tried to fight against this.

    However, USA started having copyright laws on books only after there were enough American authors
    whose rights needed to be protected. By that time the book industry was jumpstarted by having a
    good business of seeling cheap pirated books & they could build on it.

    Every country starts respecting copyrights/patents only when they have more things to
    protect than to steal.

    1. Re:Same as in the USA by crankyspice · · Score: 1

      During the time of Charles Dickens, there were no copyright laws for books in the USA.

      An incorrect (or, at best, incomplete) statement. Copyright has always been a part of U.S. law; it's specically provided for in the Constitution (Art. I, Sect. 8, Cl. 8), and one of the first acts of the first Congress was to codify copyright protections. Books were the first things to be granted express copyright protection; indeed, 'writings' of 'authors' is all that's expressly protected under the Constitution's clause; everything else (software, music, movies, etc) has been interpreted in some way to be the 'writing' of an 'author.'

      America did not always recognize foreign copyrights, however, hence the treatment given to Dickens' work, etc. That changed with the adoption of the 1909 Act, which did afford foreign copyright holders the same protections U.S. copyright holders benefitted from.

      --
      geek. lawyer.
    2. Re:Same as in the USA by enjahova · · Score: 1

      What about the China, Hong Kong and Taiwanese movie studios? These all put out lots of films, good and bad, and they are all still around. They have been putting out hollywood budget films for a while too. Somehow they still make money and their piracy scene is worse then could ever be imagined in the U.S. It's weird how piracy isn't the end of art as we know it.

      --
      "how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
  81. Re:I am aghast by Anonymous Coward · · Score: 0

    Wrong. That's only done in the US, only sometimes, and is a legacy of incorrect typesetting in a certain early American press.

  82. Punish the crime, not the tool by DulcetTone · · Score: 1

    So he was distributing works in violation of copyright... punishment IS due him. That the headline at least does not suggest that the extremely valuable medium he misused is not being assaulted unfairly is, I feel, encouraging.

    tone

    --
    tone
  83. Hong Kong? by d_54321 · · Score: 1

    You mean Hong Kong, China? Wow, imagine that, internet restrictions happening there. Must be indicative of future trends worldwide...

  84. "stuff we're not supposed to do" by erroneus · · Score: 4, Insightful

    Look. I am guilty of speeding... hell I even let my insurance lapse a few times. I've shoplifted before (when I was a kid) and YES I admit to having downloaded music and movies from across the internet using a variety of means. (I also buy music and movies when I think they are worthy... haven't bought music in a VERY long time but you might find that I own DVD versions of some TV shows and movies that are also on my hard drive.) I make only weak attempts to justify my actions in that I know what I do "isn't right" but at the same time, I don't feel so wrong about it either. Whenever three conditions meet, I am inclined to buy! Those conditions are Availability==TRUE, Affordability==TRUE and Appreciation==TRUE. I think it's generally true of just about anyone out there.

    I don't think it's good that the current market is essentially a "buyer assumes the risk" market. After all, will sellers accept a return of a CD or DVD based on the "I didn't like it" argument? I think they should but they don't. This practice, when done maturely, essentially helps to balance this problem in the market. Is it "wrong"? Yeah... it's wrong by a variety of standards, but it's also a market demand otherwise so many people wouldn't be doing it.

    I don't think we should feel any worse than we feel for our neighbor when he gets a speeding ticket. (And I don't think he should get much more punishment than a speeding ticket either.) Just like anyone else, he knew the risks and he took the chance... gambled and lost.

    I guess what I'm saying here is that we don't need to call an end to "copyright" and all that. But we do need to bring sanity into play when all of this is going on. I think we can all pretty much agree that it's insane now. If the motive is profit, throw the book at them. If it's the kind of (ab)use that we see on a regular basis, give them a [reasonable] fine and move on. I think it would be fair enough.

    1. Re:"stuff we're not supposed to do" by rpillala · · Score: 1

      There's a risk associated with speeding that corresponds to the fine you get. This is why it's a higher fine for worse speeding. No one's been able to do a good job measuring the cost to society when I download a movie and don't buy it. I admit that it costs someone something when I don't go to the theater or don't rent the movie. By saving their attention for egregious cases, IP owners have been able to propose really big fines, probably greater by far than their actual loss. If someone finds a way to get an actual number for the loss per MB or loss per song or per movie or something I think that would help.

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  85. Need an iTunes delivery mechanism for movies... by Anonymous Coward · · Score: 1

    How many illegal MP3 downloaders hopped on the iTunes bandwagon? Apple put together a solution to the problem that was fabulously successful.

    There's a huge revenue potential waiting to be tapped; but they're not about to give up on defending their out-dated distribution channels.

    What a bunch of tools they are.

  86. Lawsuit? by mblase · · Score: 1

    How is this lawsuit different than all the others?

    Because there was no lawsuit. He was charged with a crime by the government, not with loss of profits by the studio.

  87. Grammar Nazi by Anonymous Coward · · Score: 0

    "while file sharing between friends is hammered."

    s/file sharing/copyright infringement/

    s/friends/thousands of people across the globe, most of them perfect strangers and a handful of people you'd probably evade if you did know them/


    If you're going to use those replacements, then you should also do this one for the original phrase...

    s/is/are

    Yeah. I have too much time on my hands.

    1. Re:Grammar Nazi by Anonymous Coward · · Score: 0

      Wrong.

  88. Or how about... by DaiPinchi · · Score: 1

    If the cracking down on BT was in order to protect the illegal DVD market in the region? Or simply trying to show goodwill to certain parties. Tinfoil hat off.

  89. Please don't sue me, Torvalds and McKusick! by ewg · · Score: 1

    Please don't sue me, Linus Torvalds and Marshall Kirk McKusick! I've been distributing your blockbusters via BitTorrent for years!

    --
    org.slashdot.post.SignatureNotFoundException: ewg
    1. Re:Please don't sue me, Torvalds and McKusick! by ndruw1 · · Score: 1

      As have i....and the funny thing is, torvald's blockbuster is probably a lot more worth sharing than those crappy movies

  90. Re:I've said it before, and I'll say it again... by DigitalJeremy · · Score: 1

    ? I'm guessing you are a Bittorrent user? Why is it assanine not follow the status quo, and use stuff "under the radar"? Sure, Bittorrent CAN be used for legitimate material...which is great. But so can FTP. What can Bittorrent do that FTP cannot?

  91. gee, this guy must be pretty important.. by imthesponge · · Score: 1
    The Hong Kong customs department said that since the arrest illegal file-sharing had fallen by 80%.

  92. Daredevil? by kinglink · · Score: 1

    No wonder that movie made so little, everyone wanted to bittorrent it.

    Wait what's this? Apparently this man was the only seeder and never had a single leecher on that torrent?

    Never doubt the power of Afflick!

  93. With apologies to Ayn Rand... by GogglesPisano · · Score: 2, Interesting

    "Did you really think that we want those laws to be observed? We want them broken. You'd better get it straight that it's not a bunch of boy scouts that you're up against - and then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of lawbreakers and then you cash in on the guilt. Now that's the system, that's the game, and once you understand it, you'll be much easier to deal with."

  94. Re:This isn't the deterrent. Price is! by CoderBob · · Score: 1

    I go to the store for a lot of things. Groceries, clothes- hell, I drive by it for work on a daily basis. I've told store employees that they can follow me if they think I'm shoplifting, as long as they shut the hell up and don't talk to me. I can walk in, grab what I'm looking for, and be checked-out in probably 10 minutes, tops.

    If you want to be anti-social, fine, but that doesn't change the fact that the "hassle" of buying it is just a convenient excuse for most.

  95. My letter to the editor on the subject by Ahnteis · · Score: 1

    (copy and paste follows -- see url at top for original article)
    --
    http://www.timesonline.co.uk/article/0,,2-1841351, 00.html

    First correction: "BitTorrent can be used legally and illegally, but
    it is possible using the software to find films and television
    programmes"

    No. Bittorrent is a transfer method like http or ftp. It has 0
    searching capabilities. Bittorrent is FUNDAMENTALLY DIFFERENT from
    Kazaa / Grokster / Etc.

    Let me explain. Bittorrent alone is not a downloading tool. It is a
    downloading method. In order to distribute files by Bittorrent, a
    connection file is created. That connection file can be used by a
    Bittorrent client to download (and upload) the content file in much
    the same way as a URL can be used to download content. Now, to
    download the file, a client program is used. The client program is
    similar to an FTP program except that it uses the bittorrent download
    method rather then the ftp method.

    Now, you'll note that there isn't any searching mentioned anywhere
    above. That's because there is NO SEARCHING in bittorent. It's a
    download method, NOT a p2p program. To repeat, bittorrent is a
    METHOD, NOT A PROGRAM.

    So how do people download things with bittorrent? Similar to
    finding a URL through google or an indexed directory such as Tucows,
    there are sites that have indexes of bittorrent connection files.
    (i.e. http://www.filerush.com/ These sites are NOT connected in any
    manner to bittorent -- they are simply index sites for the bittorrent
    connection files.

    A user can connect to one of these index sites and search that site
    for the connection files. However, it should be noted that the user
    is searching the index site and NOT some imaginary "bittorrent
    network" (because there is no such thing!).

    Which brings us to error number 2:
    "But it has proved harder to shut down its successors, such as
    Grokster, and now BitTorrent, because they are networks that do not
    have a central database of illegal files."

    Bittorrent CANNOT have a central database BECAUSE IT IS NOT A
    NETWORK. It is a TRANSFER METHOD. However, there IS a database of
    illegal download files. That database is... THE INDEXING SITE! Yes
    that is correct, there IS a central point. And music and movie (and
    software) conglomerates DO attempt to shut down these sites.
    (Remember hearing about www.suprnova.org? That's why the popular
    bittorent index sites are hosted in countries that do not view LINKING
    to copyright materials as illegal.

    The reason Brian Cohen will not be sued is because he has done
    nothing wrong. He hasn't created a network where files are being
    distributed. He has only created the transfer method. The only
    "network" is the various indexing sites and THOSE will be targetted.

  96. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  97. He actually watched it before pirating it... by Gruneun · · Score: 1

    So, he should get two hours removed from his sentence as time served.

  98. Re:Well, duh... by zoomba · · Score: 1

    No, because that's working within the accepted terms of most bookstores nowadays.

  99. Isn't copyright infringement a civil matter? by grahamsz · · Score: 1

    Maybe i'm confused though

  100. torrent by crabpeople · · Score: 1

    and now you know why i love p2p. you can walk to the store, ask the clueless guy if he has it, go home disapointed because he doesnt, drink yourself into a rage, etc.. or you can mosey on over click a link ( http://www.mininova.org/tor/51864 ) and have the movie finish in a few days. not on demand but much more convenient. theres also the fact that i would never ever remember to see this movie unless i wrote it down somewhere. people tell me to see movies all the time. i cant possibly remember them all.

    i would pay 5$ CAN for new releases that had a very fast seed and no DRM. no problem. unfortunately, no one wants to make this possible. sad really.

    --
    I'll just use my special getting high powers one more time...
    1. Re:torrent by flosofl · · Score: 1

      i would pay 5$ CAN for new releases that had a very fast seed and no DRM. no problem. unfortunately, no one wants to make this possible. sad really.

      No... what's sad is seeing your numerous rationalizations to justify illegal behavior. But hey, whatever lets you sleep at night.

      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
  101. Re:No, he was found guilty of copyright infringeme by goldspider · · Score: 0, Troll

    Because the word "piracy" gets the Slashbot faithful worked up into a foamier lather. I'm surprised it didn't read "theft".

    --
    "Ask not what your country can do for you." --John F. Kennedy
  102. Re:This isn't the deterrent. Price is! by Anonymous Coward · · Score: 0

    In a similar fashion, your parents are guilty for your idiotic posts.

  103. Star Wreck: The End of Hollywood by Anonymous Coward · · Score: 0
    Star Wreck: In The Pirkinning is a film you all have seen (and just go away and don't come back if you haven't, as this is a nerd site). As such, you know it is only available on BitTorrent.

    I had a positively hell of a time getting the damned thing in my PC.

    I clicked the torrent link from their web page and the torrent wouldn't start. Damn.

    So I clicked on the client link; it turned out to be e-donkey, which I already had.

    See, when LOTR came out, I couldn't get a ticket (the theaters were sold out), so I took the four hours to download it and... jesus, it was all fuzzy and the sound sucked. I watched five minutes of it and deleted it, and impatiently waited until it came out on DVD (and got tickets to II Towers early). And promptly forgot about bittorrent.

    But bittorrent is the only way to get SW:ITP.

    I'm on win98 at home; I love Mandrake but Linux hates my vid card (or ATI hates Linux, pick one). e-donkey said there were "security issues" and i should upgrade, so I DLed the upgrade. As soon as I started instaling, it demended that I let spyware/adware in. I clicked the "hell no go fuck yourself" button and went back to the old version, which crashed (actually, I mean it rebooted) the PC about every 20 minutes.

    Guess what? Cancelling the e-donkey install doesn't cancel the spyware install! God damn those evil bastard motherf... sorry, I get mad.

    The movie was well worth the aggravation. It was the funniest movie I've seen since HHGTTG (which wasn't as funny as the BBC version BTW).

    Anyway, my experience taught me 2 things about the MPAA's "fight about piracy" - they don't care about piracy. No way in hell is it any way shape or form a threat. NOBODY is going to go through all that bullshit to get a movie unless it's a) not available anywhere else and you have good information it kicks ass (like ST:ITP) or b) you're a penniless loser who Holywood isn't getting a dime from anyway.

    BUT the movie industry spends MILLIONS making a movie, and here a bunch of nerds just make their own incredibly funny movie ("But you said light beers...") which is head and shoulders above any B Movie I've ever seen; these amateurs did a much better job than any monster movie maker ever did.

    And they GAVE IT AWAY FOR FREE!! Hollywood execs must be sweating bullets and doing their damndest to kill the internet, exactly like and for the exact reasons the RIAA wants the internet dead.

    THEIR CASH COW HAS MAD COW DISEASE and is dying. My local musician friends who give CDs away, post the MP3s or (better) FLACs on the internet threaten the established music recording industry the same way.

    JUST LIKE MICROSOFT hates Linux. It's the same thing.

    So let's stop calling a spade a "pointy shovel," shall we? MPAA, RIAA, Microsoft fear one thing: competetion. We, the people, are finally making beachheads against the corporates.

    It isn't against "pirates" or illegal downloads. It's the legal downloads they fear.


    -mcgrew (yeah, that got my AC post modded down, fuck it. Mind reading capcha="forever")

  104. In related news... by geobeck · · Score: 1

    In related news, the dreaded 'Hammer Cartel' has been indicted on 199,000 counts of smashed thumbs.

    --
    Find environmentally and socially responsible products on http://buy-right.net
  105. First? by Dested · · Score: 1

    "in what is believed to be the first case involving BitTorrent file-sharing software" More than a year ago my friend was charged by the MPAA for sharing "Beauty and the Beast" ( It was actually x-men, beauty vs the beast). The case never went through and cox (his isp) turned his internet back on in a week. Im not sure why they are going so much more hardcore on this guy, and not my friend.

  106. Re:This isn't the deterrent. Price is! by Anonymous Coward · · Score: 0

    Not to mention that downloading is still breach of copyright--it just isn't cost-effective to pursue. With the distinction eliminated, expect to see BitTorrent users of all stripes targeted.

  107. The ugly head of idiocy is reared again.. by FluffyCow · · Score: 1

    I love this. All the flippin' geniouses out there insisting its the same as stealing. When you steal, one party has the item(the "thief"), and another does not(the "store", "person"(If you steal their candy, or car, or right shoe...), etc.) At most this is copyright infringement, but dear god, who wants to go to jail over those WONDERFUL movies that in total may have brought in 100 million dollars? I mean, come on. Hell, I've downloaded more music than you can shake a stick at. Makes me guilty of copyright infringement, right? Well, After hearing X amount of music, provided I have the money(or I might have to be a "thief" and steal it), I go to the store, and guess what? I BUY THE F@#$ING CD!! PEople forget that there have been statistical studies done, and since P2P has been "the thing", music and movie sales have actually gone up! Why don't people see this connection? This is like saying you're going to throw the guy who speeds in jail for some made up charge, like "thoughtcrime"(from Orwell's 1984), because by speeding he was endangering the lives of others and unless stopped would have had a 100% chance to kill people when he lost control of his car. I mean, come on. Am I going to get arrested because I am not the entity of "Polytechnic University", to which my copy of Microsoft Visual Studio .NET is licensed to? I think not.

  108. Re:This isn't the deterrent. Price is! by glesga_kiss · · Score: 1
    In a similar fashion, your parents are guilty for your idiotic posts.

    What a fucking ridiculus statement! I am "guilty" for my own actions, because of a little thing called "responsibility". A DVD of Daredevil, regardless of how crap the film may be, has no responsibility.

    It's not even like comparing apples and oranges. At least they are both fruit.

  109. Re:This isn't the deterrent. Price is! by hackstraw · · Score: 1

    Bandwidth is very cheap and getting cheaper and faster. It won't be long before it is faster to download a film than it is to walk to the video store and back. In some places it already is that fast. Besides, most people have unlimited bandwidth deals where if you *aren't* using it, you are wasting more money than if you use it to it's full potential. Most programs can download in the background so that they do not disturb your browsing etc.

    Maybe in some places, but it still takes me 2 to 20+ hours to download about a gig of music (legal for whatever its worth). That is also if the download succeeds. I'm not sure how the filesize of movies or TV shows compare to legal music downloads or if they are more heavily seeded or whatnot. But there is no real content that I cannot save on my 80 Gig DVR in up to HD quality for my monthly cable fee or watch on demand or go to a video rental and get a DVD quality copy on the way home from work for $4 and I can return it on the way to work in a couple of days. Its so much cheaper, easier, more reliable, and higher quality for me to do it that way vs fucking around with a download.

    Because drive space is a scarce commodity? All you need is a gigabyte or two free for the twenty minutes it takes to burn.

    Again, in less than 20 minutes and $4 I can have anything I want in at least DVD video quality. Burnable DVDs still cost money don't they?

    Wouldn't it be simpler if the music industry just decided that downloading films via the internet was a viable business strategy?

    Funny! I would love to hear the music industry decide that downloading films via the internet was a viable business strategy!

    So tell me how it is a viable business strategy when its already being done by people like you without paying for it?

    I personally believe that all video and audio entertainment should be purchased like the cable TV model or online porn model. You can get basic service, premium channels, all anal, all lesbo, all prego, or nothing -- your choice. The fact is that for a nominal fee I can have more media than I can even justify my time and money to archive, at least not by default.

    Being that this is information and it is a service, it should be marketed and billed as one.

  110. DANGER DANGER DANGER by 42Penguins · · Score: 2, Informative

    Links point to goatse-style photos.
    Beware.

    1. Re:DANGER DANGER DANGER by bartash · · Score: 1

      Thanks 42Penguins for alerting me to this. I believe this was some sort of prank by the admins at www.asiamedia.ucla.edu. I complained and now the links are broken, which is good in that they no longer point to goatse images.

      --
      Read Epic the first RPG novel.
  111. This is old news... by br0pbr0p · · Score: 1

    I saw it on the news like 2 months ago.

    1. Re:This is old news... by Zeph · · Score: 1

      What's old news is that a /. story is old news.

  112. Re:Well, duh... by Anonymous Coward · · Score: 0
    Amazingly, you also are able to post insanely stupid crap.

    Someday, when you grow up, and move out of your mom's basement, you will learn what all of those "extra" keys are on your keyboard. Let me give you a little bit of an introduction:
    • Shift: This key allows us to put capital letters on things. Usually, these occur at the beginning of sentences.
    • Apostrophe: This little friend shows possession, omission of letters, and indicates plurals.
    • Period: This whacky character allows you to end a sentence. Somewhat like all of the ones I have been using. Otherwise, the reader doesn't know when one horrible train of words ends, and another begins.
    But don't blame yourself - I'm sure it was your editor, or Microsoft, or even your second class education you got in public schools. Please don't attempt to bring yourself up to a higher level - just wallow in the mindless hole that is so easy to fall into.
  113. Yes by Anonymous Coward · · Score: 0

    It would, if there was a well-funded RIAA campaign to equate orange juice with piracy. And if many Slashdot readers happened to both commit piracy and drink orange juice.

  114. News at 11! by Cyn · · Score: 1

    Copyright infringer found guilty of infringing copyright. I bet he wore a shirt, pants, shoes, maybe even socks. Probably has those dastardly fingers and toes, lips and nose.

    Man wearing shirt found guilty of copyright infringement.
    Man wearing pants found guilty of copyright infringement.
    Man wearing shoes found guilty of copyright infringement.
    Man wearing socks found guilty of copyright infringement.

    Man with fingers found guilty of copyright infringement.
    Man with toes found guilty of copyright infringement.
    Man with lips found guilty of copyright infringement.
    Man with nose found guilty of copyright infringement. ... movie pirate convicted of movie piracy

    No news here people, bittorrent is just a noun, just a tool.

    --
    cyn, free software and *nix operating systems enthusiast.
  115. worth watching, but not cash by Anonymous Coward · · Score: 0

    Except its not black and white. It's not movie A is worth watching or not worth watching. Instead consider that movie A may be worth 1.5 hours and a 10 dollar movie ticket, it may only be worth 1.5 hours of my time, or it may not be worth watching at all. For movies that I believe are gonna fall into the middle ground I will just download them.

  116. Re:Well, duh... by Anonymous Coward · · Score: 0

    What, were your parents like 2 when you were growing up? My parents never took candy from our bags. If anything, they gave us the leftovers from the night. The only people you had to worry were going to raid your stash were your siblings, and then you just raided them back. It's part of growing up. Most adults have the disposable income to just go out and buy candy in, you know, decent portions if they want, you know. They're not going to raid their kid's Halloween stash.

  117. Re:I am aghast by Anonymous Coward · · Score: 0

    I must remember to invite you to a cocktail party.

  118. And yes... by Anonymous Coward · · Score: 0

    ...they really are.. I thought this was some sort of troll since the links obviously pointed to a page on UCLA's AsiaMedia server.. Alas, someone has inserted the goatse crap on their server.. :(

  119. Re:Well, duh... by Anonymous Coward · · Score: 0

    I still consider it unethical to do more than skim a book in a bookstore that you have no intention of buying (heck, I enjoy buying books just for the sake of increasing the size of my personal library), but if the bookstores have figured out that they make more money that way by selling overpriced lattes or something, more power to them. I'm still not going to do it, though. I prefer to read in the comfort of my own home.

    Ditto with the library. I wouldn't be yelling thief if someone walked out of the library with 300 photocopied pages, but I'd give them a dirty look, and might have a word with the librarian. Why? One, because they probably just emptied the library photocopier, making it a pain for other patrons who need to use it. Two, you can always, always just check books out from the library. Just sign up for a damn card.

  120. Re:Well, duh... by tomhudson · · Score: 1

    Oh, come on ... you KNOW you want the mini Coffee Crisp bars ... and the caffeine in Coffee Crisp can't be good for the little 'uns - so THINK OF THE CHILDREN - SLEAL THEIR HALLOWE'EN STASH!

    And those little boxes of Smarties - well, everyone knows the purple ones are like the purple telletubbie. You gotta raise your kids real good and keep such evil things from them. Where is your sense of SELF-SACRIFICE? Eat those smarties!

    And the little O'Henry Bars - you kids could have a peanut allergy (well, they didn't yesterday, but all that extra chocolate and sweets MIGHT trigger a reaction). Do you want your kids to have to avoid peanut butter the rest of their lives? Eat thoe little buggers before they can screw up their immune systems.

    And the Mars Bars - well, they're just loaded with sugar and caramel and chocolate and sugar. There's nothing in them except pure calories. There's no hope for you - you NEED that 20" laptop to fit your supersized lap - but the KIDS - think of the KIDS. There's still HOPE for them. You're helping them avid a lifetime of ridicule and bad health by eating their Mars Bars.

    And the Caramilks - Hallowe'en is on s SCHOOL NIGHT! Do you want your kids staying up all night hyped up on sugar WONDERING HOW THEY GET THE CARAMEL INTO THE CARAMILK? They'll be too tired to do their schoolwork properly, so they'll be held back, drop out, and end up selling their bodies for crack. All because YOU didn't do YOUR DUTY as a PARENT and EAT THAT CARAMILK BAR!

    While you're at it confiscate those bags of chips. You don't want them to develop the same craving for useless calories and fat that you have, and think that a bag of chips in one hand and a chocolate bar in the other are a balanced meal. Besides, you need something salty to balance all the sweats you're scarfing down.

    Okay, seriously - instead of having the kids going out and getting high on sugar and being sick to their stomaches the next day, why not help them host a Hallowe'en Party? Let them have the fun of doing the whole costume bit, and playing games or watching the Rocky Horror Picture Show (well, maybe you could have the parents over for THAT), and not have to worry about:

    1. razor blades in apples (okay, now it's needles or pins, and, yes, I remember when I was a kid, it happened to one girl in my class)
    2. "candy surprise" - they arrested one guy for handing out popcorn balls laced with his "special sauce" that he had produced from his own balls.
    3. traffic accidents - its getting dark earlier, and there's nothing worse than a trip to the hospital, unless its a trip to the mortuary
    4. cold - its damn cold this time of year in a lot of places
    5. bullying - kids who go out unsupervised are not safe.

    they also won't just blow off their schoolwork because they've "got to get out there before all the good stuff is gone".

    Really - loosen up, have a party, let the kids of all ages participate, get some of the other parents involved. The parents will be going "Thank god we don't have to drag the kids all over the place". You may even get to meet some of your kids friends, and (gasp) their parents.

  121. Re:Well, duh... by Anonymous Coward · · Score: 0

    I've worked in a bookstore and I am a librarian, but I still think the only word that could possibly describe you is: ASSHOLE!

  122. Re:This isn't the deterrent. Price is! by Zeph · · Score: 1

    Something I still wonder about when this story has its regular /. run -- if I'm downloading a film with BT, and stop seeding through at a 0.97 share ratio, then I haven't uploaded enough data for anybody to have a complete copy of the film, and (as far as I know) they wouldn't be able to do anything with the data they received from me other than create a coaster -- and this without even bothering to figure in the fact that my 0.97 didn't go to any single user, but was spread around. Have I actually shared a film? Does Warner Brothers hold a copyright to a particular sequence of bits, in addition to images of Neo rapping with the Architect?

  123. Re:This isn't the deterrent. Price is! by Anonymous Coward · · Score: 0

    no, it's not. Copyright is distribution rights, not aquiring rights. That's why you're not breaching copyright if you go into a store and steal the dvd for a movie. So, if you're just downloading, you're not breaking any laws. Of course, if you're talking bittorrent, you're also uploading, so...

  124. So what happens if... by Tidal+Flame · · Score: 1

    Capital punishment is still really big in China. One can be sentenced to death not only for murder, but also for crimes such as embezzling, etc.

    So what happens when they catch someone who they can prove has seeded hundreds of movies or other copyrighted content? I'm certainly not an expert on Chinese law, but I can imagine it getting to the point where someone might be executed for sharing copyrighted content.

    So, when someone dies as a direct result of the actions of the *AA, will people finally realize how ridiculous this shit is? Will the right wingers get off their moral high horses on this issue? Or will it just be swept under the carpet?

  125. Re:Hmmm... both! by XnavxeMiyyep · · Score: 0

    Your post is funny because it explains why the second post wasn't funny, by telling the poster that humor is ruined when it is explained.

    --
    I put the 't' in electrical engineering.
  126. Movies vs. TV Shows. by BigT383 · · Score: 1

    Downloading movies- Definately Illegal (At least until they air on TV). TV Shows, however, are a completely different story. For one, the broadcast signals are availiable in HD to everybody, at any time. In fact, they're flowing right through you and me right now. So any show broadcast in your area can't be illegal to download since you already had access to it. That being said, I also pay for cable (from the same company that provides my internet access and therefore, my ability to download shows to begin with ;-)). Therefore any show that I download that played on any one of the many cable channels that I get can't be illegal for me to download since I already had access to it. That being said, I can understand downloading a show from, say, HBO if you're not paying for HBO being illegal. People will argue that what makes it illegal is that the commercials are taken out of the shows. There are several problems with this argument- 1. I don't have to watch the commercials on TV anyway. I'm free to channel surf or whatever. If I were recording the shows on a VCR I could pause the recording during commercials so they weren't recorded anyway. So, for downloaded shows it's like someone on the internet offered to hold the remote and pause your VCR during the commercials for you, for free. Plus, TiVo and Windows MCE let you skip commercials anyway. 2. The TV companies don't get any more money if I watch the commercials or not. You are not paying for the TV shows by watching the commercials- companies are paying for the TV shows in return for the commercials being shown- not necessarily watched (thought that's their hope). Plus I'm not a neilson family so I don't determine the ratings for any show, and thus have no bearing on the amount paid per minute of commercial. And the final reason why TV shows are legal to download (or should be) is that the people compressing them and removing the commercials are doing so for free. They are not profiting off of someone else's work, but doing it as a favor. The best analogy, as I see it, is if I were to buy a new HDTV and invite all of my friends over to my house to watch The West Wing, and I turned the TV off during the commercials. Is that illegal? No? Then neither should downloading TV shows be.

    --
    Wait... What?
  127. Re:Well, duh... by Anonymous Coward · · Score: 0

    Are you now as fat as your parents were when you were going up?

    Do you steal or plan to steal from you childrens candy bag?

  128. Re:Well, duh... by tomhudson · · Score: 1

    Are you now as fat as your parents were when you were going up?
    Sorry, we're not Americans^WSuperSized. I've been boycotting McDonalds for over a decade. My BMI (body mass index) is normal, as was theirs last time I saw them.

    Do you steal or plan to steal from you childrens candy bag?
    No - I'm doing the Hallowe'en party thing, like I suggested everyone else try. Besides, my kids are grown up - something you might want to try some time.
  129. Re:I've said it before, and I'll say it again... by stinerman · · Score: 1

    If the idea is being "under the radar" you might have a point.

    As far as the technology behind the two applications, BitTorrent is far and away a better way to transfer large amounts of data than FTP. BitTorrent will always be faster than FTP if you assume the same sized pipe since clients contribute bandwidth to the swarm.

  130. Re:This isn't the deterrent. Price is! by MarkByers · · Score: 1

    I would love to hear the music industry decide that downloading films via the internet was a viable business strategy!

    <blush>Errr.. I meant film industry. Sorry!</blush> ;)

    --
    I'll probably be modded down for this...
  131. Another perspective... by bayankaran · · Score: 1

    I have been to China. I have also been to US/UK/Japan/Thailand and India. Yes, you get pirated films/games/applications more easily in China, India and Thailand.

    One of the major reasons for piracy in a developing country is the price of the original item.

    Here is an example: seeing a film in theater will cost in India between Rs.10-100 depending on the city and quality of the theater (btw 25 cents to $2.50). It will cost $7-10 in US theaters.

    Buying a DVD of a film in India will cost minimum Rs.500 ($12)...whereas, in US, you get DVDs between $6 to 15. A reasonable price for DVDs in India for any film should be around Rs.100-200 (between $2.50 to 5).

    Clueless executives with no idea of the market/living conditions of a country makes decisions sitting in their air conditioned suites. These idiots remind me of the 'belt tightening teams' sent by World Bank when a country required financial aid. Recently there was an ATP Event in Vietnam, with tickets so overpriced, the Vietnamese who went to buy the tickets had to turn back disappointed.

    Why is Microsoft not that worried over software piracy in India? Other than some token raids/press releases, they dont do anything. The reason - they want Indians to be proficient in their software for a future workforce.

    --
    Tat Tvam Asi
  132. Re:I've said it before, and I'll say it again... by DigitalJeremy · · Score: 1

    Can't argue with that. It IS very efficient. I suppose what I'm after is at least the OPTION to password protect one's offerings, and encryption.

  133. Re:Well, duh... by avronius · · Score: 1

    I'm a dad, and I firmly believe that it is my duty to scarf as much chocolateBBBBDAsacrifice myself for the well being of my son. I happend to likeBidisA candy. And beside I deserve my 'vig' for hustling the little hoodlum from house to house... (JUST KIDDING - he's not *that* little)

    All typed with tongue firmly embedded in cheek (yes, mine).

    (please excuse the vi editing codes...)