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AP Looks at Piracy, Misses the Point

TechDirt is reporting that the Associated Press has covered several stories recently about what a "huge threat" piracy is in other countries. This article, however, argues that they have perhaps missed out on the whole story by ignoring the other side of the coin. From the article: "the AP doesn't bother to mention how all that piracy helped created new and different business models for musicians in China that let them thrive despite the piracy (actually, in some cases, because of it). Nor does the AP bother to mention how software piracy helped boost certain aspects of the industry in China by decreasing the cost of inputs."

406 comments

  1. Is this a surprise? by CRCulver · · Score: 4, Insightful

    Since the AP believes its own business model is based on copyright, and gives bloggers who repost their articles a hard time, is it any surprise that they would defend copyright?

    1. Re:Is this a surprise? by adamlazz · · Score: 1

      Exactly. This is exactly why good news is so hard to come by. Too many sources have too much of a one-faced approach to the story, that the last few scentences make you feel like an idiot for not knowing anything about the story before reading it. (As opposed to laying down two solid sides to the argument.)

    2. Re:Is this a surprise? by Anonymous Coward · · Score: 4, Insightful
      Let's look at the simple black and white of the matter. Piracy is theft. Whether you agree with it or not, it's theft.


      Assuming you mean unathorised copying of copyrighted works then no, it's not theft. It is, however, illegal in most jurisdictions relevant to anyone here.

      So, according to the OP, theft is good.


      For Christ's sake. Anybody can do better than that at elementary logic. EVEN if we were to concede that copyright infringement is theft and EVEN if the previous poster had said "copyright infringement is good" that would at most lead to the conclusion that the previous poster believes that SOME theft is good. Which, of course, any reasoning person believes in any event.

      If the subject under discussion was the morality of theft then the interesting question is more along the lines of "when is theft justified", not whether it ever can be.
    3. Re:Is this a surprise? by ehrichweiss · · Score: 4, Informative
      Actually, according to the US Supreme Court, piracy is NOT theft.

      They clearly distinguished between copyright infringement and theft in a 1985 case, where they said, "(copyright infringement) does not easily equate with theft, conversion, or fraud... The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over copyright; nor does he wholly deprive its owner of its use."

      --
      0x09F911029D74E35BD84156C5635688C0
    4. Re:Is this a surprise? by NickFortune · · Score: 5, Insightful
      Piracy is theft. Whether you agree with it or not, it's theft.

      Agreed. In fact it's worse than that. Piracy is armed robbery with violence. On the high seas, to boot.

      However, copyright violation (which is what we seem to be discussing here) remains copyright violation. And that's also "whether you agree with it or not"

      So, according to the OP, theft is good.

      Well, if it turns out that TFA really is discussing the violent seizure of goods at sea, then I'd have to conceed you were right. Otherwise, the main point I took was that there remains considerable room for debate as to the actual vs perceived benefits of current copyright legislation.

      That's certainly a new one for me.

      Splendid! There's nothing like exposure to new ideas to widen ones horizons. Don't you think?

      --
      Don't let THEM immanentize the Eschaton!
    5. Re:Is this a surprise? by Anonymous Coward · · Score: 0

      Jeez, it's almost like the AP wants to be compensated for its efforts. How dare they! Don't they realize that bored software engineers have the Constitutional right to copy all their articles in their entirety, USENET-style, so that they can pretend to have a discussion with the author?

    6. Re:Is this a surprise? by jscheelmtsu · · Score: 0

      Part of the reason they give people a hard time about reposting their content is that they have an entire digital content delivery system in place. You pay a fee, mostly through ad-trade usually, to retrieve ap digital content and repost it on your website. When some blogger comes along and takes that content for free, sometimes without attribution, it is like going to a movie without paying for the ticket.

      However, the big difference is that a blogger that reposts one article is not exactly a threat to their business, whereas foxnews.com, cnn.com, nytimes.com, or any other major news website would be stealing a substantial amount of material.

    7. Re:Is this a surprise? by iminplaya · · Score: 1

      When since IP law steals from the public domain, and most people support IP law, therefore theft must be good. Another way to look at it: Is stealing from a thief a good thing? An expressed idea belongs to everybody, and it belongs to nobody. You can't steal something that can't be owned.

      --
      What?
    8. Re:Is this a surprise? by Dis*abstraction · · Score: 1

      If you keep trying to pretend that copyright infringement is OK because it ain't "piracy," you will be ignored. As you should be.

    9. Re:Is this a surprise? by Mathinker · · Score: 1

      > So, according to the OP, theft is good.

      > That's certainly a new one for me.

      That's probably because you totally lack imagination. Now consider a society where a small minority rule others by force and tax away all of their income, so that most die of starvation before the age of 30. The masses then revolt and break into the treasury.

      They find you there wagging your finger at them: "No, no, no, bad mob, bad mob, this would be theft, and theft is always bad!"

      Good luck.

      And before you accuse me of setting up a straw man, consider this. The content industry has shown that it controls the government because it has a lot of money to pay lobbyists and politicians, and we, the consumers, aren't smart enough to understand and organize any resistance. The only difference is that we're not going to physically die without the music or other culture which is being taken from us (legally).

    10. Re:Is this a surprise? by LaminatorX · · Score: 2, Interesting
      Actually, if you really need to use a more tangiblr crime as a metaphor, I think tresspassing would be a better one. It is the exclusive domain of the copyright holder to permit duplication and redistribution of a given work. Making unauthorised copies infringes upon that domain.

      It is noteworthy that someone who sneaks into a movie or concert without paying is charged with tresspassing, not theft.

    11. Re:Is this a surprise? by (54)T-Dub · · Score: 1

      yeah, this is what pisses me off so much about those stupid RIAA adds ... "you wouldn't steal a car ... why would you steal music?" ... i hate them

      --

      "I can not bring myself to believe that if knowledge presents danger, the solution is ignorance" - Isaac Asimov
    12. Re:Is this a surprise? by drinkypoo · · Score: 1
      However, the big difference is that a blogger that reposts one article is not exactly a threat to their business, whereas foxnews.com, cnn.com, nytimes.com, or any other major news website would be stealing a substantial amount of material.

      There's another big difference, too. If your purpose is a critique of the entire article, and not just sharing the news, then it's covered by fair use.

      Oh and by the way, copyright infringement is not theft no matter how you look at it. Thank you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:Is this a surprise? by andymadigan · · Score: 1

      Well they're not doing much work if they're not reporting on both sides of the story. A good news agency even reports things that go against their company. If disney was getting charged with some crime, e.g. fraud, you can bet ABC would report it. Just because copyright infringement is a threat to their business model, that doesn't mean they can produce one-sided stories about it. I have lost a great deal of respect for the AP today.

      --
      The right to protest the State is more sacred than the State.
    14. Re:Is this a surprise? by Anonymous Coward · · Score: 0

      You mean, "pirating digital goods is not theft". Piracy in the original meaning of the word certainly entailed a bit of theft (plunder, pillaging, the like). Yo ho ho...

    15. Re:Is this a surprise? by MustardMan · · Score: 4, Insightful

      Funny, I didn't see the grandparent arguing that it was OK. I saw him arguing the idiotic use of the word "piracy", and even more, arguing the idiotic statement that copyright infringement is "theft". Whether it's OK or not to a given person depends on that specific person's set of values - it sure as fuck isn't the same thing as theft, though, which just about anyone can agree is a bad thing.

    16. Re:Is this a surprise? by Spankophile · · Score: 2, Insightful

      People who keep trying to equate copyright infringement with theft ought to be ignored.

      Unfortunately, they have lots of money, and lots of influence, so we have to be careful.

      What's wrong with using a little humour to illustrate his point?

    17. Re:Is this a surprise? by Afrosheen · · Score: 1

      Dude, that has to be the best summary of the ruling ever. Please post this every single time people start crying about piracy.

    18. Re:Is this a surprise? by jscheelmtsu · · Score: 0

      You're right, it is covered by fair use. But only if the article itself is being critiqued, not the issue that the article covers. That is where some people cross the line. Is copyright law broken, absolutely. Should we obey the law, absolutely. Do we have the ability to petition a change of the law, absolutely. Copyright reform is severely overdue.

    19. Re:Is this a surprise? by Anonymous Coward · · Score: 0

      I have lost a great deal of respect for the AP today.

      We'll be sure to let them know.

    20. Re:Is this a surprise? by Southpaw018 · · Score: 1

      Damn. I just got corrected and tossed on my ass. I bow to you, good sir.

      --
      ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
    21. Re:Is this a surprise? by Gerzel · · Score: 3, Insightful

      I think the arguements here are really just distiguishing between the word theft when used in standard speech (which organizations like the RIAA often work to change the meaning of to include "piracy" --which also didn't originally have anything to do with copyright infringment either) and "theft" in legal terms.

      The RIAA wants people to think that copyright infringment is the same as theft, and previosly the word "piracy" has been coined to go with creative matirial to mean copyright infrngment. This allows them to use more moral leverage against those who infringe. Most people would think little wrong of someone walking through a lawn that is clearly posted "Don't walk on the grass." but would think they are doing wrong if they were to walk through an area marked "No Tresspassing on the lawn." However legally, if such an issue were to be pushed, walking on grass where you were not allowed to walk on is tresspassing.

    22. Re:Is this a surprise? by malkavian · · Score: 4, Insightful

      Actually, I've made a few complaints to the Advertising Standards Authority (over here in the UK).
      Adverts are allowed to be 'economical' with the truth, but they're not allowed to outright lie. Otherwise, it comes under 'false advertising', and the involved companies can get spanked quite hard.
      The whole 'Piracy is theft' slogan, put large on the screen is a bare faced lie.
      At the moment, I'd hazard a guess that not a lot of people complain about this, but, given a wider base of complainers, perhaps the ASA will wake up and tell the entertainment industry that it's a bad thing to put on the screens.

      Incidentally, there's another ad going round in the cinemas here, about not getting 'pre release' pirate movies..
      I could disagree with them on the quality issue, but they keep stating the rest of it is all about the experience of going to the show on the big screen, and I'm 100% behind them on that. I wish, if they had to do the whole brainwashing/indoctrination thing, that they'd actually pick a rational reason, not the knee jerk "Black is white because we say so. Disbelieve us and we'll beat you with a stick." approach.

    23. Re:Is this a surprise? by drinkypoo · · Score: 1
      Should we obey the law, absolutely. Do we have the ability to petition a change of the law, absolutely.

      Sorry, but I disagree. I believe in civil disobedience. I do not intend to follow laws that do not make sense... but then, it's my responsibility not to get caught breaking 'em.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    24. Re:Is this a surprise? by miskatonic+alumnus · · Score: 1

      Yeah, whatever.

      1937: Marijuana Tax Stamp Act effectively outlaws marijuana.
      1970: NORML is formed, and does manage to effect some change.
      2006: marijuana is still illegal under federal law.

      With the stroke of a pen, a handful of assholes can inact a law that takes a lifetime to repeal. I'll smoke my joint now, thank you very much.

    25. Re:Is this a surprise? by Fulcrum+of+Evil · · Score: 4, Insightful

      Too many sources have too much of a one-faced approach to the story

      No, the problem is that they have the same one faced approach.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    26. Re:Is this a surprise? by Maxo-Texas · · Score: 1

      It's not that simple.

      It hasn't been since the corporations twisted copyright to be unreasonably long.

      And it is not theft. It is infringment.

      The original author still has their property, in the majority of cases does not lose sales to copyright infringment (because the infringers don't have enough money to pay the asking price) and in some cases gains sales they would not have otherwise had (the infringers decide they like the product enough to buy an official version or they get enough money to pay the asking price later in life and buy it then or they pass it on to someone else who likes it enough to buy it).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    27. Re:Is this a surprise? by Stonehand · · Score: 1

      Rosa Parks didn't exactly sneak into the bus.

      The sit-ins and the marches weren't subtle.

      Gandhi didn't hide himself under anonymity.

      Since when is committing a crime without openly announcing it considered 'civil disobedience'?

      --
      Only the dead have seen the end of war.
    28. Re:Is this a surprise? by BootNinja · · Score: 1

      Isn't the point of civil disobedience to get caught, therefore putting your issue in the public eye?

    29. Re:Is this a surprise? by drinkypoo · · Score: 1
      Take a look at California. They had to stop because people were getting their medicinal marijuana, selling it to youths, then going back in for another dose, all off the government bankroll.

      They had to stop? Who told you that? I live in California, apparently unlike you - you live in your own little world. Medical marijuana is still alive and well here, although the feds are still running around busting people (CAMP).

      The federal government made marijuana illegal under the interstate commerce clause, with the Marihuana Stamp Act of 1937. That is an illegal law - regulating interstate marijuana is one thing. Locally grown weed simply can not legally be controlled under the interstate commerce clause. In fact, if it were legal, then it would be locally grown more often. It's not like it's difficult - it's a weed. That's why they call it that.

      Ultimately I'm supposed to be guaranteed the rights to life, liberty, and the pursuit of happiness. The government feels free to tamper with all three.

      And one last thing on the marijuana tip: the general populace of the US believes that marijuana is some kind of demon weed, and that's why a federal legalization effort cannot succeed. Why do they believe that? Because the government has been actively feeding them bullshit since the 1930s. There are two primary reasons it was made illegal in the first place: to protect existing industries, which lobbied for its criminalization; and to demonize blacks and mexicans (hardly the only people smoking it, of course) in order to protect jobs for whites during the great depression.

      So, if you want to support that, then you're a friend of an oppressive government, and thus an enemy of a country I love - and officially part of the problem.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    30. Re:Is this a surprise? by drinkypoo · · Score: 2, Insightful
      Isn't the point of civil disobedience to get caught, therefore putting your issue in the public eye?

      If we're talking about copyright infringement, use of marijuana, or a host of other crimes, then simply having such huge numbers known to be involved puts the issue in the public eye. Being public about it isn't a necessary component to accomplish this goal.

      It's often defined in different ways, and if you ask google to define it (for example) the top two definitions differ widely, mostly in that one of them specifies open/public demonstration, and the other doesn't.

      Mind you, I haven't read Thoreau's essay/book on the subject. Perhaps it is time for a new word for non-overt civil disobedience; or perhaps it would be best to specify "open civil disobedience" for non-covert... who knows. I'm open to suggestions. Regardless, the name "civil disobedience" doesn't really specify overt or covert.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:Is this a surprise? by miskatonic+alumnus · · Score: 1

      What a surprise, a pot-smoking libertarian. Just because you want to smoke marijuana does not mean that it should be made legal.

      And just because a few greedy, racist, fascists wanted to make marijuana illegal does not mean that it should have been made illegal. You really don't know why it was made illegal, do you? Hint: It wasn't because a majority of voters put it on a referendum.

      Sometimes I just want to kill people who tick me off (figuratively speaking), should that be made legal as well, just because I want to?

      Changing the topic doesn't support your position.

      Until a MAJORITY of voters are able to change the law, the MINORITY of libertarians will not be able to smoke pot legally.

      How nice. A MINORITY is able to pass a law that requires a MAJORITY to overturn. That's exactly what's wrong with this country. Thank you.

    32. Re:Is this a surprise? by kz45 · · Score: 1

      Actually, according to the US Supreme Court, piracy is NOT theft.
      They clearly distinguished between copyright infringement and theft in a 1985 case, where they said, "(copyright infringement) does not easily equate with theft, conversion, or fraud... The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over copyright; nor does he wholly deprive its owner of its use."


      it's not theft, but it has the same effect as counterfeiting money. Over time, when enough people feel the value is less, they won't want to purchase it anymore and the copyright holder will start to lose money.

      Piracy may help the big companies in some ways. Some programs can become a standard and in turn provide more sales to a company..but this doesn't happen very often. Small companies get hurt by this the most, but most people don't talk about this fact.

      If you have a product that's popular enough (no matter what the price is), it will get pirated at some point.

    33. Re:Is this a surprise? by einexile · · Score: 1

      Pretty sure in this debate it's us doing most of the ignoring. You folks seem to be quite preoccupied indeed with monitoring what we watch, read, and click. That is, when you aren't sermonizing.

    34. Re:Is this a surprise? by Artifakt · · Score: 1

      There's a lot of good reasons why Copyright Infringement is not Theft. You've cited one of them, but for the unconvinced, here's a few others. (from a non-lawyer's perspective - a real lawyer may be able to do a much better job, but this point keeps being raised and I don't see any of them tackling it).

      1. Some Infringment is non-criminal (in the U. S. at least), and falls under civil law only. There is simply no such thing as non-criminal theft. Even a theft to trivial to prosecute isn't, in principle, a non-criminal act.

      2. The basis for most international law on copyright is still the Berne treaty. Berne has clauses that explain how it controls civil penalties between nations, but not criminal law. If Infringment=theft, huge parts of Berne have no subjects, and it becomes a treaty regulating essentially nothing.
            Berne also has a section that supports "3rd world" nations copying educationally useful materials to elevate themselves to the point where they can reasonably become part of the international marketplace of ideas, without paying liscencing costs. That's also not a limitation that other treaties would support if all infringment is criminal.

      3. In the U.S., all copyright law is federal. The individual states cannot judge infringment. If copyright infringment equalled theft, the Federal government would only have power to regulate actions under the interstate commerce clause, and:
            a. all violations would involve showing some criminal action crossed state lines as a precondition (or this would be another abuse of the interstate commerce clause - it's far from the first time that's been done, but that doesn't make it right, and I'd argue we don't need more of it).
            b. If Infringement=Theft was accepted, the federal government would still, by default, be prohibiting states from implementing and enforcing criminal and civil laws re. copyright. These include laws that in some cases predated the founding of the Union and came from English common law. But now the prohibition would be by invoking the ICC - that's a whole nother level re. constitutional amendments and would again be stretching the hell out of the existing legal principles. As it stands, it's the principle that the U. S. Congress is the only body the constitution empowers to control copyright, AND that the constitution doesn't let congress delegate that power to the states, that makes state laws on copyright invalid. There's no principle in the constitution that says congress cannot delegate laws about theft or tolerate 'competing' state laws.
              In fact, the individual state's theft laws don't originate with the federal congress at all. There's not even a legal principle that the federal government is required to pass its own laws about theft.

      4. Triple damages in civil suits for such things as criminal negligence is a well established principle. This includes theft, and/or distruction of property as part of another crime. Current civil law imposes a 5x multiple for infringement that is merely willful. If Infringement=theft, then it equals a special kind of theft that is penalized more harshly and with a lower standard of proof under civil law than other kinds of theft. Unfortunately, civil law isn't regulated by the cruel and unusual punisment principle in most cases, so that an interpretation that allows stiffer penalties for some kinds of theft than others (even within the same range of value) could easily be declared legal by SCOTUS, but again, I'd argue that's not really just. It certainly hasn't happened yet despite the other things the court has done, and some of the existing decisions would seem to be counter precidents to such a decision.

      I'm not a lawyer. The above is only a lay-person's opinion as to what the law might entail, and a series of hypotheticals. If you need advice relevant to an actual case with which you are personally involved, you should most certainly consult a professional and not be guided by this.

      --
      Who is John Cabal?
    35. Re:Is this a surprise? by lcohiomatty86 · · Score: 1

      While copyright infringement of course is not theft.. it does seem to be pretty equal to sneaking into a movie theater or a concert without paying. That is illegal, isnt it? Both sneaking into a theater and illegitimatly obtaining music are pretty similar, and while they do not take anything from the artist or copyright holder, it is obtaining a "service" free of charge that would ordinarily carry a cost to "experience" the content. disclaimer: i am not one of those people that is against illegally obtaining music... i'm just trying to make a point for arguments sake.

    36. Re:Is this a surprise? by Speare · · Score: 1

      [stock rant]

      The press rightly continues to use the word 'piracy' for illicit copying and distribution of original materials. Some think it's a new phenomenon, and hard to square with the traditional image of the Jolly Roger and swashbuckling robbers-at-sea. The use of the word 'piracy' as signifying an unauthorized copy of a manuscript is hundreds of years old, long before modern Copyright doctrine was developed. From http://www.ninch.org/forum/price.report.html:

      There was very little trust in the print medium when it was first developed--it was seen as unstable and subject to piracy and fraudulent copying. Authenticity was hard to guarantee: indeed, the term "piracy" was first used by John Fell, Bishop of Oxford, to describe certain pernicious practices of early printers and booksellers. A "pirate" was someone who participated in the "unauthorized reprinting of a title recognized to belong to someone else." "Stationers" eventually emerged as the trusted practitioners who were placed in charge of various aspects of publishing--practices we would now recognize as printing, publishing, editing, and bookselling. Stationers worked out the conventional practices of making books, and thus made printing a viable economic enterprise with the elaborate complexity of producing a book eventually invisible to all but the practitioners in the trade.

      That's Dr. John Fell (1625-86), who was given the title of Bishop of Oxford in 1675.

      [/stock rant]

      --
      [ .sig file not found ]
    37. Re:Is this a surprise? by Zemran · · Score: 1

      I currently live in northern Thailand. The skanky copies of software seep through the northern borders from China through Burma. It is a sound market and one which is completely missunderstood. These are not lost sales because it does not matter what law enforcement you introduce, bring in the death penalty if you like, the average wage is about $50 - $70 dollars a month and they cannot afford genuine copies of software. Most of the software they want is to run on old machines and cannot be bought any more anyway. With a 300Mhz machine the latest version of Photoshop is too slow etc.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    38. Re:Is this a surprise? by ajs318 · · Score: 1

      Except that trespassing is merely a civil tort, not a crime.

      --
      Je fume. Tu fumes. Nous fûmes!
    39. Re:Is this a surprise? by Pharmboy · · Score: 1

      Since when is committing a crime without openly announcing it considered 'civil disobedience'?

      Well put. There is a difference between "because the law is wrong" and "because I don't like the law". Copying articles over just because you can isn't self-sacrifice or honorable, it is infringement.

      --
      Tequila: It's not just for breakfast anymore!
    40. Re:Is this a surprise? by zotz · · Score: 1

      What about watching the drive in movie from the roof of your nearby house? No sneaking into anything in the equation at all.

      all the best,

      drew
      (da idea man)

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    41. Re:Is this a surprise? by Anonymous Coward · · Score: 0

      Actually, 'sneaking' into a movie theater or concert isn't illegal because of the content that you're experiencing, it's illegal because you're trespassing on private property.

    42. Re:Is this a surprise? by RobertLTux · · Score: 1

      waht we need is a word reserved for "obtaining access to a dataset without authorization"

      rihgt now the problem is if you use say certain equine protocol suites or have a chat with "captain jack sparrow" in his favorite nonincorporated anchor sites to get a copy of
      whatever you
      1 do not have distributed media so you have not reduced the supply
      2 should be smart enough not to try to get support for your copy
      3 may or may not actually desire or have funds to purchase a legit copy
      4 when faced with the long boring and mostly illegal EULA will click through and tell the authors to "see figure one"
      5 will use alternet methods to do your updates and or will use third party mods to bypass stupids
      this is not as such traditional theft but is its own kind of theft (me i like using the cheapest legit method availible)

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    43. Re:Is this a surprise? by cpt+kangarooski · · Score: 1

      There is simply no such thing as non-criminal theft.

      Well... there are torts of conversion and trespass to chattels which cover the same acts. And remember that all criminal copyright infringements are also civil copyright infringements, and that you can be brought into court twice, by two different opposing parties, for different offenses, which stem from the same, single action. (And no, this isn't double jeopardy, as that is defined in the law)

      In the U.S., all copyright law is federal.

      That's not actually true, but certainly state copyright laws are largely ignored.

      If copyright infringment equalled theft, the Federal government would only have power to regulate actions under the interstate commerce clause

      I don't see why. There are plenty of federal crimes that have nothing to do with interstate commerce.

      all violations would involve showing some criminal action crossed state lines as a precondition (or this would be another abuse of the interstate commerce clause

      Heh. That's far from how interstate commerce works. Even if you don't go to the extreme in Wickard, it's still got to be more expansive than that if it is to mean anything at all.

      If Infringement=Theft was accepted, the federal government would still, by default, be prohibiting states from implementing and enforcing criminal and civil laws re. copyright.

      And? They do that kind of thing all the time. In fact, with regard to copyright, the federal government has preempted most state laws on the subject. This is perfectly ordinary, as a part of federal supremecy.

      These include laws that in some cases predated the founding of the Union and came from English common law.

      Meh, copyright is really English statutory law. There was handwaving about there having been common law after the statutes had been enacted, but it really never amounted to anything of note.

      As it stands, it's the principle that the U. S. Congress is the only body the constitution empowers to control copyright,

      Yes, but so what? Remember, the federal government has no inherent powers. All of its powers come from either the people or the states. The states, unlike the federal government, are plenary governments. They inherently have the power to legislate about copyright; the federal constitution can't give them that. So long as there is no issue of federal supremecy in play (as currently is the case for most things vis-a-vis copyright) they're free to legislate as they like. And they do, and always have, really.

      Current civil law imposes a 5x multiple for infringement that is merely willful.

      No it doesn't. It raises the ceiling for statutory damages; it doesn't multiply.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    44. Re:Is this a surprise? by cpt+kangarooski · · Score: 1

      No, there are criminal trespass laws.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    45. Re:Is this a surprise? by Elemenope · · Score: 1

      Please post this every single time people start crying about piracy.

      Perhaps you didn't read so carefully, but in the same pint-sized summary the USSC did say that a copyright-infringement is an invasion of a lawfully protected zone and interferes with the ability of a person to profit from their own property. That it does not deprive the owner from the literal ownership of the property does indeed distingush it from theft. But that certainly doesn't therefore mean that therefore copyright-infringement is somehow okay.

      Perhaps there is a strong technical distinction between theft and copyright infringement, but I see no strong ethical distinction, as both involve taking possession for personal purposes or enjoyment something for which the person who legally controls it is not compensated for its use. Some say that using words like 'piracy' and 'theft' to describe copyright infringement is intellectually dishonest; they may be right. However, I would say that the far greater and more harmful deceit that which argues that because a crime has no convenient word assigned to it in the language, and the victims are almost uniformly repulsive greedy people, that therefore it is OK to commit it. And these morally demeted people are not Robin Hood; songs and movies, while nice, are neither bread for the stomach nor a roof for the head.

      Are there legitimate and ethically clean uses for file-sharing? Of course; fair use is a useful legal doctrine (which should be used, fought for, and probably slightly expanded) that delineates the legitimate use of technologies that copy information whose licence is owned by another. As I've said elsewhere, the **AA's position on these issues is as ridiculous and perhaps as morally bankrupt as the one the 'pirate' uses to sooth his own conscience. There is a middle way.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    46. Re:Is this a surprise? by hackwrench · · Score: 1

      Let's look at the simple black and white of the matter. Property is theft. Whether you agree with it or not, it's theft.

      So, according to your post, property is bad.

    47. Re:Is this a surprise? by 1u3hr · · Score: 1
      Perhaps there is a strong technical distinction between theft and copyright infringement, but I see no strong ethical distinction

      I do. With theft, the owner has lost an object, and can never use it or earn a cent from it again. With copyright infringement, the owner can continue to enjoy use. He may not make as much if the copies replace sales of authorised goods; but the amount is quite debatable, especially if one is considering a copy of Photoshop sold for $1 in Hainan, China. Did Adobe lose the full retail cost? Unlikely, the user would have done without or found a cheaper product. Consider a bootleg DVD of Spider-man 2 sold for $5 in Chicago. Arguably the owners are losing out here, but not the full price as they claim. Actually, a strong argument can be made that market leaders, Adobe, Microsoft; Madonna, have their market share reinforced by piracy, which discourages any competition based on price. When and if the buyer or market moves to buying legitimate goods, as when they get a good job, or enforcement increases, they opt for the familiar brands. Bill Gates had dinner with Hu Jintao a few weeks ago, Chinese companies signed contracts to preinstall Windows on millions of PCs, a market created by piracy.

    48. Re:Is this a surprise? by ajs · · Score: 1

      Others have commented (quite well) on the piracy vs. theft angle, but I'd just like to point out that your question is too simplistic.

      The question should be: has the return on investment for granting copyright begun to wane, and if so what should be done to revitalize it? Now you have a whole other beast. The question is not: what can we do to help these poor international corporations, but the fundamental questions of why there is copyright in the first place. Copyright was a tool, invented before the age of electronic information, to enrich the body of public knowledge and cultural heritage while, in turn, benefiting those who produced copyrightable works.

      With functionally infinite copyright periods; low-cost electronic publication; and an explosion of commercial applications for information, there is a real case to be made that copyright no longer serves its original purpose, and in fact serves to stifle the commons that it was meant to enrich.

      Once you see that this is the case, it is easy to understand why piracy is so wide-spread: there is literally no defensible argument for copyright law as it stands. It is a useless, and arguably harmful vestige of previous generations. To the current generation, especially in countries without a rich history of benefiting from pre-electronic copyright law, these laws seem to be arbitrary and pointless.

      This is not a defense, but an acceptance of the reality, and a suggestion: replace copyright law with something that makes sense in today's global, information-based economy or continue to fight pointless battles against entire generations of disenfranchised consumers.

      Of course, given the war on (insert pointless effort to stop popular activities here), I believe I can predict what choices will be made.

    49. Re:Is this a surprise? by dkarma · · Score: 1

      Copyright was a tool, invented before the age of electronic information, to enrich the body of public knowledge and cultural heritage while, in turn, benefiting those who produced copyrightable works. **** Are you kidding?!?!?! Copyright was an author or creators right to say don't copy my shit. Thats why its called a copy right. It wasn't based on inspiration and security. It was based on greed. Same principal as a patent. You get a patent so no one can duplicate your invention WITHOUT HAVING TO PAY YOU.

    50. Re:Is this a surprise? by bky1701 · · Score: 1
      I could disagree with them on the quality issue
      Ignoring one or 2 n00b cases, you can hardly ever tell with video. Sound tends to suck, though. 1 chan radio-like low-fi...
    51. Re:Is this a surprise? by bky1701 · · Score: 1
      Small companies get hurt by this the most, but most people don't talk about this fact.
      I call BS. Many game, movie and music companies need nothing more then to be known. Piracy allows them this with little overhead (compare the free word of mouth generated by piracy to the million dollar advertising used by large companies). In the later 2 cases, there is almost always going to be demand for legit copies, regardless of how many people pirate it (music tends to be low-fi and movies tend to be over compressed). In the case of games, more reason to bump up the multi-player. I have pirated games to find I liked them, then bought them to play online.

      Piracy levels the playing field, allowing what is better to make more money, where what is overrated and over adverted crap loses. I see no problem.
    52. Re:Is this a surprise? by Anonymous Coward · · Score: 0

      And?

      All you are saying is that an attempt to emotionally associate one act with another more reviled act by calling them the same name, has been happening for a long time. That doesn't make it any more correct.

      I hope you'll note that the person coining this mis-use of the work was the one standing to lose money. I don't see what difference a him being a bishop makes, unless you were trying to say he was biased, much as if it was a politician. Historically being a Bishop did not necessarily mean you were a particularly good (An attempt to restrict books unsanctioned by the church) or non-greedy/ power hungry man.

    53. Re:Is this a surprise? by TheVelvetFlamebait · · Score: 1

      Which probably explains why the RIAA wants to change music from a product to a service. The RIAA are recognising that as long as music is considered a product (media and what's on it), it cannot be stolen through piracy, only the "idea" behind it. Now that the RIAA is restricting media usage and distribution channels, helped also by the rise of legal music over the internet, they can argue that the media is not what the consumer is buying, but the service propogated through the media. If music is considered a service, piracy could be considered a theft of service.

      Look out for a revision of that decision by the US Supreme Court.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    54. Re:Is this a surprise? by dave1791 · · Score: 1

      Why in the world did the parent get modded Troll? The slashdot collective is at it again. "Dissent shall be supressed!"

      Seriously people, take greater care with your mod points. A reasoned argument that you don't agree with is not a troll, its a reasoned argument. A troll does not want to discuss, but inflame. The parent had a point. You can disagree with it. You can counter-argue it, but modding it troll undermines your own argument.

    55. Re:Is this a surprise? by NichG · · Score: 1

      I think a stronger argument is that one is the loss of current material possessions whereas the other may involve the loss of potential future possessions. While the owner of the copyright may be granted a legal right to restrict the copying of their material, they aren't granted a legal right to make X amount of sales, no fewer. Similarly, if I set up a donut store next to a local donut shop and undercut them on price because I can buy them bulk somewhere for less than they can, I may be depriving them of their future profits and depending on the full story there may be anticompetitive/collusion/whatever legal consequences, but what I've done is not stealing their donuts.

    56. Re:Is this a surprise? by bzipitidoo · · Score: 1

      Mod parent up! This is what I've been trying to say, that there isn't anything holy about copyright or patent law. The good they are meant to achieve is the promotion of the arts and sciences. Copying has recently become orders of magnitude easier and cheaper than it has ever been-- the Internet and P2P file sharing is on a par with the Gutenberg Press for revolutionary advancements. We could really use more thinking and trial efforts on how better to advance art and science, as it should be obvious to all that "intellectual property" laws impose restraints, conditions, and distortions that may even retard art and science more than if there were no such laws at all. The RIAA/MPAA's constant shrill trolling (copying = theft, downloading files = downloading communism) has long past the point of being worth arguing about. Those assertions have been convincingly refuted time and time again. In many ways, they're their own worst enemies, generating bad publicity by for instance suing and extorting money from computer illiterate grandmothers and 12 year olds. Even people who feel that copyright is good and that entertainers are being hurt by piracy do not wholly support the industry's approach to this issue.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    57. Re:Is this a surprise? by NickFortune · · Score: 1
      Dont you ever get tired of typing the same argument to get modded insightful every couple of days?

      So I'm a cracked record and a karma whore all of a sudden? Hey, why don't we stop discussing these silly issues and start getting personal? Nothing like a good flame war to bury the issue under discussion, after all.

      If you want to get bitchy about terminology, it could easily be argued that the legal stance (that copyright infringement is not theft) is not a moral one.

      I think it's useful for the debate to draw a distinction between piracy, theft, and copyright infringement. The moral aspects of terminological precision escape me. Of course, your comment would have made sense would be had I suggested that piracy, theft, or even copyright infringement were not illegal. Please don't think me pedantic if I point out that I said no such thing.

      With that in mind, the whole argument becomes semantic.

      Except that semantics doesn't take out lawsuits against grandmothers and five year old girls, which suggests to me that your "just semantics" argument may be flawed in some small way.

      Basically you're trying to justify your own immoral actions by hiding behind pedantry.

      Which immoral actions would these be, precisely? Is there a law that says I have to download a MP3 or something before I'm allowed to disagree with modern abuses of the copyright system? I think perhaps you're just looking to shore up a morally indefensible position by clouding the issue with ad hominem attacks, straw men arguments and sophistry.

      I don't plan to stop calling people who download my stuff illegally 'theives' any time soon,

      I expect not. Certainly you don't see to have any inhibitions about launching unwarranted personal attacks. In the mean time, I plan to carry pointing out that using inappropriate and needlessly emotional terms isn't helping anyone who actually wants to resolve this issue.

      regardless of what legal beaurocrats and Mr. Look-at-me-i'm-insightful have to say.

      Gawsh, shucks. You're just a plain spoken down to earth kind of guy what's had about enough of us high falutin' fancy talking city types, right? Well Mr salt-of-the-earth, if you've anything to add that isn't a cheap appeal to sentiment, a logical fallacy, or a personal insult, I'll be happy to discuss it. Otherwise I expect we can both find more productive uses for our time.

      --
      Don't let THEM immanentize the Eschaton!
    58. Re:Is this a surprise? by Znork · · Score: 1

      "it's not theft, but it has the same effect as counterfeiting money"

      Um, no, actually it's exactly the opposite. The effect of intellectual monopolies like copyright is the same as burning real money (or actually, destroying goods to keep prices up).

      The supply is intentionally kept below what a free market would generate, thus creating an artificial scarcity and a higher per-unit margin, while causing a loss of wealth for the economy as a whole, as compared to the optimal outcome.

    59. Re:Is this a surprise? by NickFortune · · Score: 1
      If you keep trying to pretend that copyright infringement is OK because it ain't "piracy," ...

      I'm not trying, I'm not pretending, and copyright infringement is not OK. That does not however mean that it's ok to conflate the downloading of MP3 files with crimes of violence.

      ...you will be ignored.

      Hmm... "ignored" by whom and why should I care?"

      --
      Don't let THEM immanentize the Eschaton!
    60. Re:Is this a surprise? by aybiss · · Score: 0

      So I'm a cracked record and a karma whore all of a sudden? Hey, why don't we stop discussing these silly issues and start getting personal? Nothing like a good flame war to bury the issue under discussion, after all.

      My point exactly. Why get buried in terminology when the original poster (may have) had a valid point?

      I think it's useful for the debate to draw a distinction between piracy, theft, and copyright infringement. The moral aspects of terminological precision escape me. Of course, your comment would have made sense would be had I suggested that piracy, theft, or even copyright infringement were not illegal. Please don't think me pedantic if I point out that I said no such thing.

      I won't think you pedantic, just somewhat non-confrontational. Of course at no point did I attempt to deny the fact that either of us considers both acts illegal. I think attempting to pigeon-hole different ways of ripping people off clouds what should be a very simple issue.

      Except that semantics doesn't take out lawsuits against grandmothers and five year old girls, which suggests to me that your "just semantics" argument may be flawed in some small way.

      Since when was that part of the discussion? The way in which a law is applied is completely irrespective of what you call it or what category you put it in. Again, you're stating my point for me.

      Which immoral actions would these be, precisely? Is there a law that says I have to download a MP3 or something before I'm allowed to disagree with modern abuses of the copyright system? I think perhaps you're just looking to shore up a morally indefensible position by clouding the issue with ad hominem attacks, straw men arguments and sophistry.

      I apologise for the generalisation, however this is a discussion about piracy. We're not talking about suing grandmothers at all, in fact we're talking about people who make it possible for these people to end up on the wrong side of the RIAA et. al. in the first place. Do you have a moral argument here or are you being pedantic again? Sorry, sorry, just kidding. :-)

      I expect not. Certainly you don't see to have any inhibitions about launching unwarranted personal attacks. In the mean time, I plan to carry pointing out that using inappropriate and needlessly emotional terms isn't helping anyone who actually wants to resolve this issue.

      My apologies again, but you've just joined a really long list of karma whores who get modded insightful for pointing out the obvious (without making any other point) in every discussion about a certain subject...

      Don't you worry about Planet Express, let me worry about blank.

      ...about the only thing you forgot was to put IANAL at the start of every sentence.

      Gawsh, shucks. You're just a plain spoken down to earth kind of guy what's had about enough of us high falutin' fancy talking city types, right? Well Mr salt-of-the-earth, if you've anything to add that isn't a cheap appeal to sentiment, a logical fallacy, or a personal insult, I'll be happy to discuss it. Otherwise I expect we can both find more productive uses for our time.

      That depends on whether you have something to say to my assertions, other than to accuse me of being on a personally directed rant. So you got to 5 points for your post. Back it up with something to say other than "that's what we call it here in the big city." (And where the fsck() did *that* little attack come from?)

      --
      It's OK Bender, there's no such thing as 2.
    61. Re:Is this a surprise? by NickFortune · · Score: 1
      That's a lovely little bit of scholarship there, and it is nice to see an argument supported by something more than hot air and hand waving. However, I can't help but notice that Dr. Donald Waters (the author of the passage in question) carefully avoids any discussion of the merits of the term. So, since he isn't directly supporting your position, perhaps you'll forgive me if I question some of the conclusions you draw.

      The press rightly continues to use the word 'piracy' for illicit copying and distribution of original materials.

      Rightly by what criteria? I'll grant the historic precedent, but just because the Bishop of Oxford got his knickers in a twist in the Seventeenth Century, that doesn't justify conflating the infrigement of copyright with crimes of violence. "Piracy" both misrepresents the nature of the crime. I can't see that as helping in any way.

      So tell me - why this abhorrence of using the correct term? It's not as if downloading MP3s will suddenly become legal just because we all stop needlessly sensationalising the issue and start using describing these matters with precision.

      --
      Don't let THEM immanentize the Eschaton!
    62. Re:Is this a surprise? by rohan972 · · Score: 1

      perhaps I can help you out with this. This is obviously an emotional issue for you, and affecting you financially.

      People who say that copyright infringement is not theft aren't all saying it's legal, or even moral, just that it's not theft. There are plenty of things that are wrong but aren't theft, ok?

      If I didn't pay a power bill I owe, it's wrong. I am obliged to pay, I can be legally forced to do so, but it's not theft. If I used the service never intending to pay, perhaps it's fraud. If I accessed the power lines and used electricity without authorisation, that would be theft though.

      Can you see that refusing to call it theft is not justifying it at all, it's simply attempting to describe it accurately, even though some people may try to use this arguement to justify it?

      Hope this helps

    63. Re:Is this a surprise? by NickFortune · · Score: 1
      That depends on whether you have something to say to my assertions, other than to accuse me of being on a personally directed rant. So you got to 5 points for your post. Back it up with something to say other than "that's what we call it here in the big city." (And where the fsck() did *that* little attack come from?)

      Just following like with like. And since I've made my point, and since you've declined to make any new ones, I think I'll call it a day.

      Thanks for your time. I'm sure you'll find someone on Slashdot who wants to play you at flame wars.

      --
      Don't let THEM immanentize the Eschaton!
    64. Re:Is this a surprise? by bit01 · · Score: 1

      [Assuming we're speaking about the same parent - your parent was not modded as troll] The were spamming the same tired old RIAA/MPAA viewpoint that everybody here is already very familiar with.

      With absolutely no new evidence or rational argument to justify it.

      Since that same viewpoint is being repeatedly spammed in every second movie theatre on the entire planet without evidence or argument and there is no "spam" moderation here they are rightly regarded as trolls.

      Incidently, by claiming slashdot is a collective you are being unnecessarily insulting and probably should be modded troll as well. Slashdot hosts a wide spectrum of opinions on copyright and patents. The current incarnation in law is only one of an infinite number of possibilities.

      ---

      Scientific, evidence based IP law. Now there's a thought.

    65. Re:Is this a surprise? by ehrichweiss · · Score: 1

      hey, it's all good. It's just a common mistake. I'm never saying that copyright infringement is the right thing to do, only that it's not theft in the legal sense. I actually wouldn't know any of that if someone else hadn't posted it and I did my research but it's a good thing to know and a good distinction to make.

      --
      0x09F911029D74E35BD84156C5635688C0
    66. Re:Is this a surprise? by ajs · · Score: 1
      Are you kidding?!?!?!

      No.
      Copyright was an author or creators right to say don't copy my shit.

      No. That's how it's been re-interpreted by copyright holders who currently have enough power to get laws like the DMCA pushed through congress. Read up on common law and the addition of copyright to the constitution. Copyright exists to, and I quote, "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Please note that, "don't copy my shit," isn't in there. Please, also note that the stated goal is to promote the progress of science and useful arts, not to allow people to make money. Allowing you control over the works isn't the goal, it's the carrot. It's the incentive that we, the people, give to those who can enrich and improve our lives. If they're not actually doing that, then the system has failed, and should be re-structured so that it accomplishes the stated goal.
    67. Re:Is this a surprise? by Reverend+Joe · · Score: 1

      Since when is committing a crime without openly announcing it considered 'civil disobedience'?

      Since the definition of the term doesn't generally include "openly announcing" what you are doing, only the doing of it. From WikiPedia:

      "Civil disobedience encompasses the active refusal to obey certain laws, demands and commands of a government or of an occupying power without resorting to physical violence."

      In case you're wondering, the word "civil" doesn't mean "out in the open", in this context, it connotes something more like "being courteous while also resisting", ie, non-violent.

      Since you mention Gandhi, it would seem you think he qualifies as a bonafide civil disobey-er, so lets look at HIS rules to follow to engage in civil disobedience:

      1. A civil resister (or satyagrahi) will harbour no anger.
      2. He will suffer the anger of the opponent.
      3. In so doing he will put up with assaults from the opponent, never retaliate; but he will not submit, out of fear of punishment or the like, to any order given in anger.
      4. When any person in authority seeks to arrest a civil resister, he will voluntarily submit to the arrest, and he will not resist the attachment or removal of his own property, if any, when it is sought to be confiscated by authorities.
      5. If a civil resister has any property in his possession as a trustee, he will refuse to surrender it, even though in defending it he might lose his life. He will, however, never retaliate.
      6. Retaliation includes swearing and cursing.
      7. Therefore a civil resister will never insult his opponent, and therefore also not take part in many of the newly coined cries which are contrary to the spirit of ahimsa.
      8. A civil resister will not salute the Union Jack, nor will he insult it or officials, English or Indian.
      9. In the course of the struggle if anyone insults an official or commits an assault upon him, a civil resister will protect such official or officials from the insult or attack even at the risk of his life.

      Can you point me to which rule it is where he says, "to qualify as a civil disobeyer, you must openly announce what disobedience you plan to engage in."? I seem to be not seeing that one in the list ...

      Just because YOU DON'T LIKE those who engage in methods you disagree with to "Civilly Disobey" what THEY FEEL are unjust copyright laws, and you also think "Civil Disobedience" connotes something sorta kinda *good*, or noble, and you don't like something that you think of as kinda good describing something you think is kinda bad, doesn't mean you get to nitpick-ily and arbitrarily add clauses to the definition of the thing you think is good that will apply for the rest of us, in order to try to filter out the activities of those nasty, evil copyright infringers.

      This is the sort of thinking Bill Maher complained so lucidly about on his show (that got him canned, btw) -- that he would *dare* to say those flying the planes into the towers were "BRAVE"! The gall of him! HARUMPH!

      Well, the thing is, they WERE brave. Also, misguided, cruel, and also, I might add as being pertinent to the current discussion, not very "civil"; by the definition of the word, however, they were ALSO "brave". As in, willing to disregard personal safety to fight and give their very lives for something they believed in. Just because we "like" the word "brave", and not terrorists, doesn't make them NOT "brave". Maher, of course, goes on at great length about the apparent inability of Americans to hold two ideas in their heads at one time. Suffice to say its not brain surgery -- it is *possible* for something to be describable both as something we think of as "bad" and something we think of as "good" and not cause the fabric of the universe to unravel.

      There can be little doubt that what the vast majority of copyright infringers do is both "civil" and also "disobedient", as regards the law of (most of the)

    68. Re:Is this a surprise? by aybiss · · Score: 0

      perhaps I can help you out with this. This is obviously an emotional issue for you, and affecting you financially. People who say that copyright infringement is not theft aren't all saying it's legal, or even moral, just that it's not theft. There are plenty of things that are wrong but aren't theft, ok?

      This is exactly the reply I get when I point this out all the time. The question is why are we talking about it at all? Perhaps there are a few people here who don't know the distinction yet, but does it have to become the focus of every discussion about copyright? Can't we just once discuss it without pigeon-holing things and without wasting everyone's time re-re-re-explaining a distinction which I still maintain is purely semantic anyway? Again all it does is serve to cloud the issue and give people a platform on which to make pedantic distinctions between ripping people off indirectly vs going into their house to do it.

      --
      It's OK Bender, there's no such thing as 2.
    69. Re:Is this a surprise? by aybiss · · Score: 0

      Just following like with like. And since I've made my point, and since you've declined to make any new ones, I think I'll call it a day.

      What point did you make again? That you were technically correct? How did that answer my plea for not stating the obvious (and pedantic) facts we are all aware of already (and how about we NOT mod people *insightful* for it)? More to the point did you end up answering the *OP's* assertions, or were you happy just to look good for doing basically nothing?

      Since you've taken my general comments so personally (note to self, use more smileys for people with no sense of humour) its unlikely we will get any further with this. If you call it a flame-war (man you have no idea) when one person disagrees with your actions then I apologise for 'burning' you. But for the record I will assert that in the next discussion about copyright someone will get modded +5 insightful for doing exactly what you did, and I will stop reading the thread because I know that if that's the most interesting comments I'm likely to find then there is unlikely to be anything in there that I didn't know. If I'm having a bad day, I'll comment on the person's lack of originality and insight just as I did with you.

      Perhaps /. simply needs a 'Well yeah, obviously...' modifier to make me happy. ;-)

      Take it easy.

      --
      It's OK Bender, there's no such thing as 2.
    70. Re:Is this a surprise? by kz45 · · Score: 1

      Many game, movie and music companies need nothing more then to be known. Piracy allows them this with little overhead (compare the free word of mouth generated by piracy to the million dollar advertising used by large companies). In the later 2 cases, there is almost always going to be demand for legit copies, regardless of how many people pirate it (music tends to be low-fi and movies tend to be over compressed). In the case of games, more reason to bump up the multi-player. I have pirated games to find I liked them, then bought them to play online.

      The number of people playing their game is not the same as the number of people buying it. Human nature doesn't change. If something is free and easily available..most people aren't going to pay for it. What you are talking about is called a donation, which does not work for a business.

      The thing about digital copies is that you can make them with almost no loss of quality. Full DVDs, games, apps, and music (ripped directly from a CD) are what people are sharing on peer-to-peer networks and "pirate" sites which makes it pointless to buy it.

      Piracy levels the playing field, allowing what is better to make more money, where what is overrated and over adverted crap loses. I see no problem.

      what the fuck are you talking about? it levels the playing field? I call bullshit on your statements. The playing field is leveled by the free market. If it's crap, it won't sell. Piracy is just an excuse for people to get free shit. It has been for a long time. If you don't like a game, app, or movie, don't fucking buy or pirate it.

      You don't see a problem because you are just a consumer.

    71. Re:Is this a surprise? by kz45 · · Score: 1

      Um, no, actually it's exactly the opposite. The effect of intellectual monopolies like copyright is the same as burning real money (or actually, destroying goods to keep prices up).

      If we had no copyrights, the people with the most money and power would have even more of a control over the market. What you don't understand is that money and business both drive technology and innovation. The Internet, cheap computers, software, music, DVDs...all wouldn't be here without business. Computers would still be as large as rooms and still only in big corporations and universities.

      The Internet would also still be just an experiment at Stanford. Even Slashdot needes money for funding (advertisements and a buyout some years back).

      Some of the copyright laws need to be changed, but they still need to be in place.

      The supply is intentionally kept below what a free market would generate, thus creating an artificial scarcity and a higher per-unit margin, while causing a loss of wealth for the economy as a whole, as compared to the optimal outcome.

      There is still a free market. Take a look at almost any Microsoft product and there are probably around 5 or 10 alternatives (OSS and proprietary). If this isn't a free market, I don't know what is.

    72. Re:Is this a surprise? by reanjr · · Score: 1

      It's not really civil disobediance if you are not getting caught. The whole point is to let others know that the people disagree with the laws in an effort to have them changed. That's done by getting caught, tried, and acquitted.

    73. Re:Is this a surprise? by NickFortune · · Score: 1
      If you call it a flame-war (man you have no idea)

      No, I call it an invitation to start a flame war. I declined.

      Take it easy.

      Thank you. You too. Bye now.

      --
      Don't let THEM immanentize the Eschaton!
    74. Re:Is this a surprise? by rohan972 · · Score: 1

      The question is why are we talking about it at all?

      Because people keep calling it theft. Others think it is a very important distiction. You wrote:

      ...pedantic distinctions between ripping people off indirectly vs going into their house to do it.

      Here is the problem. Calling it theft has affected the way you think about it. Copying is not always infringement. Infringement does not always affect the copyright holder negatively (even if it is illegal, or even wrong). Theft, however, is always theft. It always removes the owners property. Calling copyright infringement theft causes people to categorise it and think about it in ways that are in significant conflict with reality. They then vote/legislate/act according to this erroneous thinking, affecting us all negatively. That is why we are willing to go over and over this distinction.

      There was recently an unsigned band the Arctic Monkeys in the UK who had the fastest selling album. They got this because they had given some CD's out at gigs they had done. Fan's shared the CD by p2p. Enough people who heard it liked it and bought the CD to put them at the top of the UK charts. I think they were not "ripped off" as you put it. I'm not saying this makes copyright infringement ok, but if it was theft, it would never benefit the copyright holders in this way.

      If people are to understand what copyright infringement is (and it is currently an very important issue, with new laws and effects all over the world, and impacted by the net), it is necessary for them to think of it accurately. If they think it is theft, they cannot do so. It is not just semantics, it is necessary. It is like getting people to discuss new laws about theft, but continually repeating that theft is rape, and the difference is entirely semantic. It is not, they are different actions with different effects.

    75. Re:Is this a surprise? by Znork · · Score: 1

      "What you don't understand is that money and business both drive..."

      What you dont understand is that competition drives business.

      Without competition, we'd be sitting at our 3270 terminals to the Compuserve/IBM mainframe of the world and paying $10 per minute for access.

      The internet, cheap computers, much software and music, etc, has it's roots _despite_ intellectual monopolies. Almost _everything_ in your list took off and became cheap and plentiful because it was _not_ protected.

      "Some of the copyright laws need to be changed, but they still need to be in place."

      Yes, you'd have found me in that corner a decade ago. Evidence has since convinced me otherwise, in particular, the through study of the advances you mention. If we need a specific incentive for creativity, we should pay for it outright; monopoly control damages the market and flow of creativity far too much.

      "If this isn't a free market, I don't know what is."

      While the situation is better for software than for many other areas of destructive IP legislation, that's mostly due to the nature of software as interchangable and modularized and thus partly cross-competetive. But while that ameliorates the damage caused by monopoly rights in the pricing and resource allocation aspects, it does not reach anywhere near the unprotected (do note, this does not mean 'unpaid') best solution equilibrium.

    76. Re:Is this a surprise? by aybiss · · Score: 0

      Because people keep calling it theft. Others think it is a very important distiction.

      That's not what is happening here. What is happening is people are using a generalised term to refer to copyright infringement in order to build an argument. They are no doubt just as aware of the distinction as you are, although perhaps not in so many words. What then happens is one of the local karma whores will destroy the original intention of the thread by turning it into that discussion again. What REALLY irks me is that the modding is 'insightful'. What exactly did this poster piece together from the information presented by the article and the person they were replying to? Nothing.

      As for your other arguments, once again you're preaching to the choir by dragging it all up again on Slashdot. The point everyone misses when I try to make this argument is simply that using a loose terminology doesn't alter the poster's argument. We know we're not talking about theft, what we now don't know thanks to this ridiculous 'insightful' post is where the discussion may have gone had the OP's original points been answered. Surely the intelligent people here are capable of using a generalisation in context without forgetting what we are talking about? I personally do take offense to the insinuation that if I were to call a spade a digger I would actually be thinking of a crowbar, and I think most people would.

      In your example you cite a case where copyright infringement helped someone. If I have a junk car in my front yard and someone steals it, that could help me too. Now here's the difference - if I have ten junk cars in my front yard and someone steals the rest because it was cool the first time, that also benefits me. But if this band has all their music 'stolen' the second time around, while they are trying to bear the expenses of touring, interviews, studio time and all the things being a star entail, it will definitely NOT benefit them. ;-p kidding, of course they've only been 'infringed', they won't have lost anything, right?

      I should point out that I'm generalising here, I haven't really checked to see if this OP ever got any sensible reply. Anyway we have both made our points clear and arguing over whether or not this is appropriate posting could last years, so I rest my case.

      Take it easy.

      --
      It's OK Bender, there's no such thing as 2.
    77. Re:Is this a surprise? by kz45 · · Score: 1

      The internet, cheap computers, much software and music, etc, has it's roots _despite_ intellectual monopolies. Almost _everything_ in your list took off and became cheap and plentiful because it was _not_ protected.

      The copyright (and patent) system is still around and there is still competition. This was my point (The system works).

      If we need a specific incentive for creativity, we should pay for it outright; monopoly control damages the market and flow of creativity far too much.

      Copyrights were created for protection. Many people think that if we rid the world of copyright, it will automagically create this utopoia of free music, sex, and software.

      With no protections, a small company could develop a product (spending lots of time and money) and have it taken over by a larger company with more money. We would end up with many large companies poaching new ideas and products from smaller companies and little room for new competition.

      "While the situation is better for software than for many other areas of destructive IP legislation, that's mostly due to the nature of software as interchangable and modularized and thus partly cross-competetive. But while that ameliorates the damage caused by monopoly rights in the pricing and resource allocation aspects, it does not reach anywhere near the unprotected (do note, this does not mean 'unpaid') best solution equilibrium"

      We have so much competition with software right now (look at linux. It's available in almost any major computer store in the US).

    78. Re:Is this a surprise? by rohan972 · · Score: 1

      What is happening is people are using a generalised term to refer to copyright infringement in order to build an argument.

      The point everyone misses when I try to make this argument is simply that using a loose terminology doesn't alter the poster's argument.


      Theft is not a generalised term or loose terminology, it is quite specific, and highly inaccurate. It does indeed alter the arguement significantly.

      ...We know we're not talking about theft...

      From a previous post of yours: I don't plan to stop calling people who download my stuff illegally 'theives' any time soon

      So you know (your emphasis) you're not talking about theft, but insist on calling people theives. People who have not, according to you, committed theft. You see, what some of us want is to have an honest discussion. Until that becomes important to you, I can see that we're not going to agree on this. I'm sure that most people, and probably you, are not deliberately misleading people. It's an emotional issue for you as it affects your income, I understand. I think you need to put a bit more thought into how you approach this type of discussion though.

      I personally do take offense to the insinuation that if I were to call a spade a digger I would actually be thinking of a crowbar, and I think most people would.

      I'm not sure how you don't see the difference here. A spade is a digger. Even you have admitted that copyright infringement is not theft.

      of course they've only been 'infringed', they won't have lost anything, right?

      I wouldn't say 'only' infringed. I haven't said infringement is not as bad as theft, or that it can't cause loss, only that it is not theft. Arson, for example, causes the loss of property, but is not theft. People don't say, oh, it's 'only' arson. Neither do they insist on calling arson theft.

      As for your assertion that if the Arctic Monkey's music is copied again it will "definitely NOT benefit them", I don't see how you could be so sure. Last time, it caused people to buy their CD. I see no reason why this wouldn't happen again. It's a bit like saying that radio playing a bands music would reduce the bands income, which was, as I understand it, the recording industry's original stand on radio. Now artists love to get radio exposure. Go figure.

      You take it easy too.

    79. Re:Is this a surprise? by krell · · Score: 1

      "What is happening is people are using a generalised term to refer to copyright infringement in order to build an argument."

      Partially true. They are using a highly inaccurate term in order to try and build up an argument. That is not very good arguing.

      "What then happens is one of the local karma whores will destroy the original intention of the thread by turning it into that discussion again."

      You can't blame the karma whore. The real blame lies with those who kick the discussion off topic by mentioning "theft" in a copyright infringement discussion in the first place.

      "In your example you cite a case where copyright infringement helped someone. If I have a junk car in my front yard and someone steals it, "

      That is a very good example of throwing oranges into a discussion of apples. The analogy you use involves theft/taking (unlike copyright infringement).

      "But if this band has all their music 'stolen' the second time around"

      I have yet to see anyone really defend, justify, or even discuss the theft of music, except when someone brings it up in an off-topic fashion (just as you have) and others try to steer the conversation back on topic by pointing out how off-topic this was.

      "of course they've only been 'infringed', they won't have lost anything, right?"

      There is a possibility that they lost something. There are many situations where loss can occur where theft is never involved. You are showing another clear example of appearing to work from a dictionary that only contains 2 or 3 words to refer to all criminal justice or crime matters.

      --
      Where were you when the voynix came?
    80. Re:Is this a surprise? by krell · · Score: 1

      "and without wasting everyone's time re-re-re-explaining a distinction which I still maintain is purely semantic anyway?"

      Perhaps the problem is that you maintain that the difference is semantic, when it is in fact a profound difference in fundamental meaning. If copyright infringement and theft have only a subtle semantic difference, then rape is no different from murder and fraud is no different from arson. Your opinion of "purely semantic" happens to be one of those opinions that is outright incorrect. A whole world opens up to you when you realize that there are more than 2 or 3 words to describe "illegal situations".

      "people a platform on which to make pedantic distinctions between ripping people off indirectly vs going into their house to do it."

      Sneaky, sneaky. "Ripping off" is another term for theft, so you are trying to put through your definion-defying assertion another way.

      You asked "does it have to become the focus of every discussion about copyright?"

      You'd have the same sort of problem on a cooking forum, whenever someone tried to talk about baking fruit pies, some vocabulary-deficient folks would always try to derail the conversation by discussing pasta (and then they would indignantly object that pasta and fruit pies are all just the same thing when confronted).

      --
      Where were you when the voynix came?
    81. Re:Is this a surprise? by aybiss · · Score: 0

      Grrr, couldn't help it, this post is worse.

      You again are simply attempting to accuse me of being ignorant when I am defending another's use of a generalisation. For the record if you've read all my posts, people who infringe copyright can be known as theives, mofos, bastards, scammers and so on in my vocabulary. A short stint with a dictionary will tell you which of these terms is correct and incorrect, a short discussion about the real world might reveal why some people feel that way. To try to compare that to mislabelling two foods is laughable.

      Again, show me what the OPs (of all these 'insightful' sheep with a dictionary posts) had actually missed. Did he think that what had occurred was the total and final loss of someone's only master copy of some music/video/code? The theft of box after box of retail packaged digital media goods? Was he attempting to claim that the pirates were, in fact, sailing the high seas, plundering all they met? Once again, DID WE NEED TO STOP THE DISCUSSION THERE?

      And now you are attempting to assert that 'ripping off' can only refer to theft. Ever heard of insurance fraud? I'm going to _blank_ the insurance company...

      OMG, it appears that some words in English are interchangeable, and that although there are technically correct definitions for words (sometimes two or three!) there are also many, many colloquial uses. Are you seeing the other side of this argument *at all* yet?

      Get off your damn high horse. You can read me the dictionary 'til you're blue in the face, but the fact that you can't construct any further argument only makes my belief that the posters of these stupid spams are not that insightful and that stagnant language leads to stagnant thinking all the stronger.

      --
      It's OK Bender, there's no such thing as 2.
    82. Re:Is this a surprise? by aybiss · · Score: 0

      LOL, I had thought this discussion well and truly over. Well, both of your posts basically hinge on saying that theft and copyright infringement are very different (really?), so I'll answer in one. My original and ongoing point is that:

      a) theft is not just a legal term it's a term that I personally and most people I know (maybe cause I'm Aussie) would use in any situation where someone loses something as a result of someone else's actions. Call me wrong, I don't care. Language will be used by people to generalise things, and words will change their meanings whether you want them to or not: get over it.
      b) this is slashdot. We're all more informed of exactly what takes place (technically, socially, economically and legally) when Joe Bloggs shrinks and copies a DVD from Video Ezy than anyone else on the planet (at least I used to think so until I scratched the facade of what people around here call a constructive argument). I'm still waiting for someone to demonstrate what the OP had failed to understand about the process and business of piracy by using a five letter generalisation instead of a 20 letter legally correct description to make his point.

      With both of these in mind at the same time (if you can do it), seeing a discussion lose focus because of this argument time and time again annoys me. Can't anyone else see the irony in that these posts are quite often modded informative of insightful, when really they are one sentence nit-picking, karma-whoring spam posts? How can it be worth discussing it every single time? Is it still 'insightful' when everybody knows something and somebody tells someone who doesn't know (or worse still, disagrees)? Why do these people do it, or do they simply throw it in because they had nothing more constructive to add?

      I'll put it to you this way: If you want to argue for correct terminology (which wasn't really the focus of my post), either the post wasn't insighful, or copyright infringement is a form of theft. I suppose one could argue that insightful is a form of repetitive, but that would have to get philosophical... :-D

      Anyway, by accusing me personally of being unaware of the difference (for f*ck's sake half my point is that I'm sick of hearing it) you've made it clear that you're on the train to point out the obvious like everyone else (yup you appear to have got points weeks after the discussion was over). I can see that this will (has) only degrade into further "no it isn't", "yes it is", and meanwhile my cry for sane modding and attention to people's arguments rather than their wording go completely unanswered. Everybody is willing to assert that this guy clearly has no idea because of his wording but noone can actually say where he got it wrong. Woot, we can all use dictionaries but not our brains. Sorry, but this is definitely my last post on the subject. I'll just ignore it and watch you all go nowhere with the same (lack of) arguments. Make sure you all mod yourselves 'Distended' or 'Handsaw' for being here to continue your cause for correct labelling tho... :-p

      By the way, comparing apples and oranges is fine (kind of necessary) when you're actually talking about their differences. ;-)

      --
      It's OK Bender, there's no such thing as 2.
    83. Re:Is this a surprise? by krell · · Score: 1

      If you think it is OK to generalize beyond all reason (and without regard to understanding of the different meanings of different terms), then you are ignorant when it comes to word meanings.

      "people who infringe copyright can be known as theives, mofos, bastards, scammers"

      With the exception of the word indicated in bold, the other meanings amount to a very general accusation of being a "bad guy". Generalization does not mess up these words. However, the word "theives" (sic) has a very specific meaning. If you use it, it has to be accurate. Just like if you had added the accusations of "pastry chefs, rapists, brain surgeons" to your list.

      "And now you are attempting to assert that 'ripping off' can only refer to theft"

      You are probably right on this term: it is rather vague. Unlike "theif".

      "Are you seeing the other side of this argument *at all* yet?"

      Not at all. You are using the word "theif" in ignorance of the fact that it has a specific meaning that rules out it being applied in the conversation, and with full knowledge of the attempt to mislead by the use of the word. Neither is very defensible.

      "To try to compare that to mislabelling two foods is laughable."

      I stand by the correctness of this analogy. If the discussion of theft in a copyright infringement forum is on-topic, then so is discussion of pasta in a pie-baking forum.

      "Did he think that what had occurred was the total and final loss of someone's only master copy of some music/video/code? The theft of box after box of retail packaged digital media goods?"

      Those both happen to meet the definition of theft. However, they have nothing to do with the subject (copyright infringement).

      "...makes my belief that the posters of these stupid spams are not that insightful.."

      You may be right. It might be generous to call someone who has such a basic knowledge of what words mean "insightful". They are just stating the obvious. Pointing out the fact that copyright infringment and theft are not related is as "insightful" as pointing out that Microsoft sells a lot of copies of Office. Perhaps instead anyone who attempts to veer a copyright infringement discussion into a theft discussion should be modded as a troll.

      "A short stint with a dictionary..."

      I strongly recommend this for the next time you try to confuse unrelated terms.

      --
      Where were you when the voynix came?
    84. Re:Is this a surprise? by krell · · Score: 1

      "Well, both of your posts basically hinge on saying that theft and copyright infringement are very different (really?)"

      Yes, really. However, this is stating the obvious. Anyone familiar with either knows this. It is hardly insightful. It is like knowing the fact that rape and murder are (OMG!) two separate crimes.

      "theft is not just a legal term it's a term that I personally and most people I know (maybe cause I'm Aussie) would use in any situation where someone loses something as a result of someone else's actions. Call me wrong"

      I won't call you wrong. In fact, I will even use, in this instance your made-up-from-scratch definition of theft. It has a little overlap with how the word is really used. Important here is the part about "someone loses". This might possibly happen during copyright infringment, but most likely it is rare.

      "Language will be used by people to generalise things"

      Sometimes, however, this is done in an abusive fashion. Use of words without meaning in the hopes of some sort of rhetorical or emotional effect.

      "b) this is slashdot. We're all more informed of exactly what takes place (technically, socially, economically and legally) when Joe Bloggs shrinks and copies a DVD from Video Ezy than anyone else on the planet"

      If you really were informed of this, you would not use the word "thief" to describe Joe Blogg.

      "seeing a discussion lose focus because of this argument time and time again annoys me."

      It wouldn't happen if the trolls did not change the subject from copyright infringment to theft.

      "Can't anyone else see the irony in that these posts are quite often modded informative of insightful"

      The only irony is that the posts are just stating the obvious. Basic facts which anyone daring to post should already know. However, it is hardly nitpicking to point out the use of words that don't apply. The person who brings theft into a copyright infringement discussion is either ignorant, or is attempting to play on the ignorance of others.

      "Anyway, by accusing me personally of being unaware of the difference"

      If you are too "stoopid" to know that these words have nothing to do with each other, then you are intentionally trying to argue in the hopes that others are too stupid to know what the words mean.

      "you're on the train to point out the obvious like everyone else"

      It is rather obvious, but in message after message you miss the point and still make the incorrect confusion between two different terms.

      "Make sure you all mod yourselves 'Distended' or 'Handsaw' for being here to continue your cause for correct labelling tho"

      That statement is rather incoherent. However, it is quite certain that handsaws are as relevant to a discussion of copyright infringement as theft is!

      --
      Where were you when the voynix came?
    85. Re:Is this a surprise? by krell · · Score: 1

      "Perhaps there is a strong technical distinction between theft and copyright infringement, but I see no strong ethical distinction"

      So, your distinction rests somehow on how bad they are? One is the same as the other if they are both bad? Using this funky new synonym rule, does this mean that any discussion of copyright infringement can have the words "copyright infringment" substituted with "spitting in your face" with no change in meaning if one is as bad as the other?

      "as both involve taking possession for personal purposes or enjoyment something for which the person who legally controls it is not compensated for its use."

      Check again on this. Copyright infringement does not involve taking possession at all. Theft involves this, but not copyright infringment. I can see you are not that concerned with what terms mean. This was obvious when you placed the word "perhaps" in your "Perhaps there is a strong technical distinction between theft and copyright infringement" to introduce uncertainty to a situation that is in actuality quite certain.

      "deceit that which argues that because a crime has no convenient word assigned to it in the language"

      You are arguing on the basis of a situation that does not exist. "Copyright infringement" is an already existing, convenient term.

      --
      Where were you when the voynix came?
    86. Re:Is this a surprise? by aybiss · · Score: 0

      "If you think it is OK to generalize beyond all reason (and without regard to understanding of the different meanings of different terms), then you are ignorant when it comes to word meanings."

      Wrong again. I'm just not shallow enough to base my world view on a dictionary definition (should I point out just how long dictionaries have been around compared to languages?).

      "With the exception of the word indicated in bold, the other meanings amount to a very general accusation of being a "bad guy". Generalization does not mess up these words. However, the word "theives" (sic) has a very specific meaning. If you use it, it has to be accurate. Just like if you had added the accusations of "pastry chefs, rapists, brain surgeons" to your list."

      In your opinion. Want to go another round of stating our points? Think I'm going to change my position?

      "You are probably right on this term: it is rather vague. Unlike "theif". "

      In your opinion.

      "Not at all. You are using the word "theif" in ignorance of the fact that it has a specific meaning that rules out it being applied in the conversation"

      Wrong again. I can't reiterate any more strongly that I'm not the one who used the word.

      "and with full knowledge of the attempt to mislead by the use of the word. Neither is very defensible."

      Quote something. Anything. Who deliberately misled who? QUOTE SOMETHING. Then I'll start to think I might be defending against an argument rather than a statement, and we'll see whether the position is defensible.

      "I stand by the correctness of this analogy. If the discussion of theft in a copyright infringement forum is on-topic, then so is discussion of pasta in a pie-baking forum."

      The use of the word theft when talking about people ripping other people off can hardly be construed as comparable to this analogy. If you think its valid then fine, whatever. The point is that the pie-baking forum wouldn't mod its members insightful for making obvious statements about the differences between pasta and pies when someone happens to bring up pasta.

      And that is precisely what has happened. Someone mentions pasta on the pie forum, perhaps even with very good reason to compare the two foods. But the discussion is stopped by a karma-whore who is oh-so-sure that pasta and pies have nothing in common. The attempt to group both foods into unleavened flour-based products would just be too much for their little brains period and so the poor original poster gets nothing but everyone else gets to pat themselves on the back. Yay for technical correctness.

      "Those both happen to meet the definition of theft. However, they have nothing to do with the subject (copyright infringement)."

      You simply have no attention span. Wasn't that the premise I was putting to YOU???

      "I strongly recommend this for the next time you try to confuse unrelated terms."

      You just don't get it. Also you've still yet to point out where we all got so confused.

      --
      It's OK Bender, there's no such thing as 2.
    87. Re:Is this a surprise? by aybiss · · Score: 0

      "Yes, really. However, this is stating the obvious. Anyone familiar with either knows this. It is hardly insightful. It is like knowing the fact that rape and murder are (OMG!) two separate crimes. "

      Without wanting to detract from my own arguments, yes.

      "Sometimes, however, this is done in an abusive fashion. Use of words without meaning in the hopes of some sort of rhetorical or emotional effect."

      Sometimes yes. Most the time no. In this case no. But where has the thread gone?

      "If you really were informed of this, you would not use the word "thief" to describe Joe Blogg."

      If you had personal experience with the problem and weren't anally retentive, you *would*. And for the millionth time, *I didn't*.

      "It wouldn't happen if the trolls did not change the subject from copyright infringment to theft."

      Hey, that's MY argument...

      Oh sorry, that's right... when someone mentions another subject even in error, we all forget what we were thinking about don't we? Is that why we try so hard to stop it happening (and in fact have the opposite effect each time)?

      "words that don't apply. The person who brings theft into a copyright infringement discussion is either ignorant, or is attempting to play on the ignorance of others."

      Quote?

      "If you are too "stoopid" to know that these words have nothing to do with each other, then you are intentionally trying to argue in the hopes that others are too stupid to know what the words mean."

      This is what I love most about it. The people who are too inflexible to follow an argument that's been poorly worded constantly accuse those on the other side of the argument of being actually confused and worse yet of trying to mislead people. I'm probably the only person here silly enough to maintain that theft is applicable in the situation but to accuse a 'stoopid' person of being malicious is just paranoia and elitism.

      Do you have a quote of where this happened on slashdot (ever)?

      "It is rather obvious, but in message after message you miss the point and still make the incorrect confusion between two different terms."

      Where am I confused? What have I asserted wrongly other than a word you disagree with?

      "That statement is rather incoherent. However, it is quite certain that handsaws are as relevant to a discussion of copyright infringement as theft is!"

      LMFAO you really can't see a simle parody can you?

      --
      It's OK Bender, there's no such thing as 2.
    88. Re:Is this a surprise? by krell · · Score: 1

      "The people who are too inflexible to follow an argument that's been poorly worded constantly accuse those on the other side of the argument of being actually confused and worse yet of trying to mislead people"

      When someone (hint hint) posts large numbers of messages in which they insist that incoherent choices of words with intent to mislead are OK.... The newest silly argument is that "If (anyone) had personal experience with the problem" they would start to use words that don't apply.

      "LMFAO you really can't see a simle parody can you?"

      So, anything you have ever said about how copyright infringement is like theft, that Joe Blogg (whoever he is) is a thief) is really a parady of trolls who use bad arguments? If this is the case, you've done a pretty good job! I'm really amazed that you have managed to make false and illogical statements so consistently throughout this. Good job!

      --
      Where were you when the voynix came?
    89. Re:Is this a surprise? by krell · · Score: 1

      "Wrong again. I'm just not shallow enough to base my world view on a dictionary definition"

      This is a poor defense of using words without any regard to actual usage OR dictionary definitions OR logic in order to try to artificially strengthen an argument.

      "In your opinion."

      No, for this part, I'm sticking to the facts, even if they contradict other's opinions. Whether or not a certain thing is "Bad" or "unethical" is quite often a matter of opinion. Pointing out the real meaning of the word "thief" is a matter of fact. "Thief" is not a vague term. That is a matter of fact, not opinion. If you are disagreeing, you happen to have a wrong opinion in this case.

      "Think I'm going to change my position?"

      Ummm.... you did, in a latter message when you admitted that copyright infringment was not theft.

      "Wrong again. I can't reiterate any more strongly that I'm not the one who used the word."

      In this message, and in others, you defended the use of the word "thief" where it did not apply. Even if you did not use it in the Original Parent, you have used it the same way many times since.

      "Quote something. Anything. Who deliberately misled who? QUOTE SOMETHING."

      Click on parent. There are two instances, from you, that defend the intentional missuse of words in order to mislead as being a difference of opinion. The next quote by you, below, contains an ignorant misleading use of the word as well.

      "The use of the word theft when talking about people ripping other people off can hardly be construed as comparable to this analogy."

      However, you are defending its use in a situation that does not involve ripping off or taking.

      "The point is that the pie-baking forum wouldn't mod its members insightful for making obvious statements about the differences between pasta and pies when someone happens to bring up pasta."

      They would if they had a plague of misleading lying trolls who kept saying that fruit pies were a type of pasta. (just like the misleading lying trolls who try to confuse people by equating copyright infringment with theft/taking/ripping off).

      "And that is precisely what has happened. Someone mentions pasta on the pie forum, perhaps even with very good reason to compare the two foods. But the discussion is stopped by a karma-whore who is oh-so-sure that pasta and pies have nothing in common"

      That's not what happens, Chef Boyardee. Someone mentions theft in a copyright infringement forum, with no good reason other than to mislead by equating the two. The person who messes up the forum is the troll who makes the sneaky substitution. (just like the comparable food-troll would be saying that pasta recipes produce the same food as fruit pie recipies).

      "The attempt to group both foods into unleavened flour-based products would just be too much for their little brains period and so the poor original poster gets nothing but everyone else gets to pat themselves on the back. Yay for technical correctness."

      That's not what the word-abusing trolls are doing. They aren't just saying that theft and copyright infringment are both crimes (comparable to pasta and pies being both flour-based). These trolls are saying that the two crimes are perfectly interchangable. Saying that copyright infringement is as bad as theft is an acceptible argument in a moral discussion. Saying that the two are exactly the same thing is at worst a misleading lie and at best a statement based on ignorance.

      "Yay for technical correctness"

      If you think that intentionally confusing nouns is no matter at all, I hope that next time you go to Olive Garden and order linguine that someone serves you peach pie instead. It's just a minor technical difference, right?

      --
      Where were you when the voynix came?
  2. Did AP also miss.... by Richard_at_work · · Score: 4, Insightful

    reporting on how well glaziers, builders, carpenters and building merchants also did in New Orleans after Katrina?

    1. Re:Did AP also miss.... by Ryan+Huddleston · · Score: 0, Troll

      But what about all the good things Hitler did?

    2. Re:Did AP also miss.... by szembek · · Score: 1

      This is the perfect response to this stupid article! I'm all for less stringent copyright regulation, but to argue that large scale piracy is actually a good thing is a dumb idea. I was trying to come up with an analogy to put it in perspective for people, but you beat me to it.

      --
      nothing
    3. Re:Did AP also miss.... by Alzheimers · · Score: 1

      Shhh, just don't give all the hippes and yuppies driving VW Beetles history lessons.

    4. Re:Did AP also miss.... by autophile · · Score: 1
      True, but that's the Broken Window Fallacy.

      --Rob

      Wiki reference: +1 informative! w00t! :)

      --
      Towards the Singularity.
    5. Re:Did AP also miss.... by Anonymous Coward · · Score: 0

      This is a flawed analogy -- when analyzing the question "Was Katrina bad?" we have diverse, overwhelming negatives which could not possibly be outweighed by the profits in the rebuilding effort. But when analyzing the question "Is (copyright) piracy bad?" the negatives and positives are in direct opposition (because piracy both increases and decreases profits of creators, and both increases and decreases our cultural creative output) so it's feasible that the benefits could outweight the costs.
      I'm not saying that the benefits do outweigh the costs, just that it is worth analyzing and that this leaky analogy does nothing to disprove it.

  3. Propaganda by isecore · · Score: 1

    The original AP story just seems like more FUD that originated in the MPAA/RIAA camps.

    I'm getting tired of stupid journalists who just bend over and accept the corporate line without investigating the other side of the coin.

    --
    I enjoy large posteriors and I cannot prevaricate.
    1. Re:Propaganda by iamlucky13 · · Score: 1

      I'm a little perplexed by the intermingling of the terms "piracy" and "other side of the coin."

      The use of the term piracy suggests (although I won't say it's definitive) that something illegal is being done. Talking about the other side of the coin would then seem to be making a claim it's ok to do bad if something good comes out of it, which I suppose is worth considering if the "net good," for lack of a better term, of piracy exceeds that of legal use. However, I'm letting myself digress. If people want to argue their case as a form of fair use, then calling their own actions piracy does not help others to see it as something other than stealing. When I hear people talking about the other side of the piracy coin, I think of a parallel along the lines of how the predation of US merchant ships by the Barbary pirates must've been good for the economy of Tripoli, and therefore should be allowed.

      Digressing again, I was disappointed by Techdirt's contention that "piracy" was ok because it changes the business model by making recorded music a promotion for concerts and other more tangible products. My problem here is that they're attempting to dictate the business model that the entertainment industry should adopt, rather than allowing them to stick to their "increasingly obsolete" (techdirt's term) business model and running themselves into the ground while more progressive companies take advantage of the changes (assuming the new business model actually is superior (and how is that superiority quantified, anyway?)). Besides, concerts cost too much as it is.

    2. Re:Propaganda by Scrameustache · · Score: 1

      I'm getting tired of stupid journalists who just bend over and accept the corporate line without investigating the other side of the coin.

      If they get enough coins, they won't bother looking at each one up close.

      --

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

  4. What other side of the coin? by Anonymous Coward · · Score: 1, Insightful

    That stealing is ok because it was easy for a few years in the 90s?

    1. Re:What other side of the coin? by remembertomorrow · · Score: 1

      Did you even read the summary/article?

      Your question was answered in both....

      --
      Registered Linux user #421033
    2. Re:What other side of the coin? by CRCulver · · Score: 4, Informative

      Stealing is ok because it was easy for a few years in the 90s?

      Actually, it is copyright that is an entirely recent development, for it appeared only a few hundred years ago in the West. The ancient world had no concept of "intellectual property", and creators of content in Greece and Rome understood that their work would be freely copied without compensation. As far as I know, they never protested the situation, and the only objection to some copying (in Martial's epigrams) was that often the poet was not being credited, but rather others claimed to have written it. Even today in place like India, the former Soviet Union, and southeast Asia, copyright makes no sense to the local population.

      Now, just because there was no ownership of ideas for most of the history of mankind doesn't necessarily make copying just. After all, slavery and wife-beatery was also widespread until the modern era. However, the recent and geographically-limited genesis of copyright should nonetheless make one question if it is indeed a desirable institution, or merely a means of protecting the rich while limiting the rights of the many.

    3. Re:What other side of the coin? by Andrew+Nagy · · Score: 1

      Actually, I was just thinking about this the other day. IMHO, an artist should be concerned with one thing: the spreading of his art. Art used to be thought of as a means of promoting thought and creativity but gradually began to be thought of as a means of profit and popularity.

      Now, do I think artists shouldn't be compensated for their contributions? Of course not. However, I may lean toward the idea that it should be voluntary. Are artists going to make as much money? Probably not. Should that be their focus? I don't think so.

      Of course, many would think me an ignoramus just for suggesting it. "Don't you know that people won't pay for it if they don't have to!" Well, my friend, I believe that's just the situation we find ourselves in today, wouldn't you say? So either we clamp down completely with proprietary DRM'ed formats, or we just let music run free and see what happens.

      Just my two.

      --
      Yes, you can dance to Radiohead.
    4. Re:What other side of the coin? by shark72 · · Score: 3, Insightful

      "Actually, it is copyright that is an entirely recent development, for it appeared only a few hundred years ago in the West."

      I believe you're referring to the Statute of Anne and the Licensing Act of 1662. It is no coincidence that these came about at around the same time as the printing press.

      "The ancient world had no concept of "intellectual property", and creators of content in Greece and Rome understood that their work would be freely copied without compensation."

      Because, of course, copying was a slow, tedious process, and most people were illiterate anyway. It was a non-issue.

      Other examples of laws changing to keep up with the times:

      • Rules for storing and handling perishible foods weren't necessary in the past, because most people grew or raised their own food, and refrigeration and preservation technology simply didn't exist on the scale they do now. Today, we need those laws.
      • In the 19th century, the equivalents of our modern vehicle codes dealt only with how to behave with your horse and your carriage. As cars appeared on the scene and their technology improved, the vehicle code got bigger and bigger.
      • Pirating software and music and giving it away without accepting cash payment was, generally speaking, legal in the past because it simply wasn't feasible to make massive quantities of software or music and give them away for free. As with the subject of copying printed works in the days before the printing press, it was a non-issue. With the advent of the Internet and mechanisms like FTP, this suddenly changed, so the Clinton Administration closed this loophole.

      "Our ancestors didn't need copyright laws, so we don't either" is a good rallying cry for P2P enthusiasts, but it breaks down on inspection. Those same P2P enthusiasts are likely very grateful for the new laws that protect them in the countless other parts of life where technology has continuously improved. While we may still wish that copyright law had remained in its pre-printing press (or even pre-broadband) form, we understand why it has not.

      "However, the recent and geographically-limited genesis of copyright should nonetheless make one question if it is indeed a desirable institution, or merely a means of protecting the rich while limiting the rights of the many."

      Copyright law protects us all. You have the right to say how your work is copied whether you make $10 a year, a million bucks a year, or even give it away for free. Lots of other laws help rich and poor alike.

      --
      Sitting in my day care, the art is decopainted.
    5. Re:What other side of the coin? by drinkypoo · · Score: 1
      Actually, I was just thinking about this the other day. IMHO, an artist should be concerned with one thing: the spreading of his art.

      Amen to that. This is the difference between a painter (or a sculptor, or what have you) and an artist. Artists are in short supply.

      Now, do I think artists shouldn't be compensated for their contributions? Of course not. However, I may lean toward the idea that it should be voluntary. Are artists going to make as much money? Probably not. Should that be their focus? I don't think so.

      This is a capitalist society. If you can't make enough money by selling your art, you can't even get the supplies to make more art. With that said, most people in this world could be happier with less. They're trying to become happy through ownership of material items, which is not how it works. It can help - but some of the happiest people I've known didn't even have their own place to live.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:What other side of the coin? by servognome · · Score: 3, Interesting

      The ancient world had no concept of "intellectual property", and creators of content in Greece and Rome understood that their work would be freely copied without compensation.

      People have since the beginning of civilization tried to claim things. In ancient times "intellectual property" mostly existed in the form of trade secrets. Recipes and processes that were closely guarded family trade secrets passed down from generation to generation. The primary reasons there were no laws for written works were: the high cost of reproduction, lack of audience, lack of awareness (how would somebody in Italy know their book was copied and taken to Greece).
      Modern changes like mass production and digital communication, have also shifted the economy from valuing physical labor, to valuing IP. Hence the focus of ownership has also shifted from physical objects to ideas.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    7. Re:What other side of the coin? by shark72 · · Score: 4, Insightful

      "IMHO, an artist should be concerned with one thing: the spreading of his art."

      Not food, clothing, shelter, feeding their family?

      I see on your xanga that you are married. Would your wife be happy if you told her that you would no longer try to earn money for what you do? I also see that you just bought a new Mac -- great! Did you buy that with money you earned by working?

      "Art used to be thought of as a means of promoting thought and creativity but gradually began to be thought of as a means of profit and popularity."

      Art has been made for profit since the history of currency. Shakespeare, Mozart, and countless other grand masters were in it for the money. Sure, they liked what they did, but they were in it for the money -- just as you might have chosen a career in programming or IT because you enjoy it, but you're doing it for the money.

      "Are artists going to make as much money? Probably not. Should that be their focus? I don't think so."

      Well, I think that people in [INSERT ANDREW NAGY'S PROFESSION HERE] are too money-focused, and paying people like Andrew should be voluntary. Will Andrew make as much money? Probably not. But we'll get [THE OUTPUT OF ANDREW NAGY'S PROFESSION] for free, or at least cheaper.

      I also see from your xanga that you are a religous man. Please re-read Luke 6:31, Luke 10:27 and Matthew 7:12 and consider how you can reconcile your attitude toward artists with the teachings of Jesus.

      --
      Sitting in my day care, the art is decopainted.
    8. Re:What other side of the coin? by CRCulver · · Score: 1

      Because, of course, copying was a slow, tedious process, and most people were illiterate anyway. It was a non-issue.

      Wrong, copying was quite efficient since there was a large class of slaves and copying of books was just as big an industry as today. And literacy in the ancient world was higher than people today often think.

      Copyright law protects us all. You have the right to say how your work is copied whether you make $10 a year, a million bucks a year, or even give it away for free.

      No, firms which sell copyrighted content often make creators sign away their rights. Copyright doesn't work for the little guy, he either sells away his rights or he doesn't get published at all.

    9. Re:What other side of the coin? by mrpeebles · · Score: 1

      This is a very valid point when we are evaluating changes to copyright law for the future. Maybe we should gut copyright law so that future works won't be protected, or at least keep copyright holders from expanding their powers. The millennia of thought and consideration our culture has put into "theft" may very well not apply to copying words and ideas. But this is different from copying already copyrighted things. Society made a contract with the people and companies that already hold copyrights in the form of laws. Surely whether or not we as a society honor this contract on past copyrighted works is a different issue than whether we extend this contract to future works. This is a distinction that seems to often be ignored on slashdot postings I have read.

    10. Re:What other side of the coin? by shark72 · · Score: 2, Insightful

      "Wrong, copying was quite efficient since there was a large class of slaves and copying of books was just as big an industry as today. And literacy in the ancient world was higher than people today often think."

      Thank you for the clarification. I am always glad to learn something new. What was the literacy rate in ancient Greece? Were slaves also part of the target market for books? When you say that the book publishing industry was just as big back then, how big was it? I assume you don't mean in units or currency, but in books consumed per capita?

      "No, firms which sell copyrighted content often make creators sign away their rights. Copyright doesn't work for the little guy, he either sells away his rights or he doesn't get published at all."

      I'm a "little guy," at least in the sense that you're using, and I've had no problem whatsoever publishing my web site and filling it with content which I've copyrighted. I've done pretty well, too. In the music and print publishing industries there are plenty of outlets for people who want to start small and/or retain all rights to their works. There's plenty of opportunity for little guys to get their work out there, and use copyright as they see fit.

      The ice cream retailing industry can also be tough for the little guy. It's dominated by big companies like Ben and Jerry's and Baskin Robbins. It can be quite hard for somebody who wants to start an independent ice cream shop -- they simply don't have the marketing or ad budget of the big guys, they'll likely pay more for materials, and they need to build brand awareness and sales from zero. The same goes for lots of other industries. This is a feature of the competitive retail market, and not limited to the IP industries.

      --
      Sitting in my day care, the art is decopainted.
    11. Re:What other side of the coin? by Anonymous Coward · · Score: 0

      Right on. WTF is copyright anyway? Just a stupid new way to make money out of people invented by those who profit without producing anything (see middle men). 99% of our culture from the dawn of civilization till now was created by artists without any sense of the modern copyright. From Socrates to Leonardo da Vinci, from Euripedes to Shakespeare there was no such thing. So just because Madonna and Metallica get pissed of for not getting paid anytime someone listens to one of their songs magically the most normal thing of getting to listen to what happens around you is a crime and actually people get day by day more convinced that it's immoral too. And fuck the no copyright no art argument, it's just crap. Do you think that someone who's trully inspired will not create art or science just because he's not sure that he will get paid? True we will see less and less of Ricky Martins and Shakira and less "buy it now button" copyright lawsuits but that's not much of a loss, more of a gain i'd say. I'm sure that the next Pasteur, Curie and Shakespear will continue pursuing their talent no matter what. And if pirating stuff will lead Sony and Microsoft to close down who the fuck cares? Not me and not 99% of the world's population. If they die someone else wil come up hopefully more wise than to go against common sense. After all they chose the capitalist way where the market is the law and where you just can't beat free beer. I for one dont have moral problems whatsoever to "pirate" stuff. I don't sell or otherwise gain financially, i just listen-watch-read and then discard the f*kin file or buy it if i care enough that is if i think that the author has talent and he's not trying to rip me off through marketing hype. So the RIAA, MPPA or whatever other dumb american corporation leech can just kiss my butt cause they can't do anything about it. And yes i do like the chinese. They are still pure and just dont get the western masturbatory debacle over "copyright". They just want the most bang for their buck. Just as always was and always will be in human history.

    12. Re:What other side of the coin? by Andrew+Nagy · · Score: 1

      You make some interesting points. First off, I probably should have clarified. Of course I think any person should be conerned with provision for their family. My point was as far as their art is concerned, the desire of an artist is to see his/her art spread and enjoyed. To do this, many artists would take full time jobs and produce art on the side or what have you.

      Secondly, I don't think all artists have done it for the money. As someone already brought up, many of the Greeks just assumed it would be distributed freely. For the record, I have not chosen a career in IT or programming, but in preaching. I have a job in my current field so I can pay the bills, and I preach on the side whenever I can. Yes, I do hope that one day I'll be employed full-time preaching. All I desire is enough to provide for my family. If that means that I have to keep a full-time job so I can provide and still preach on the side, I will gladly do so for the rest of my life.

      Thirdly, I'm not sure how any of those verses (or passages) refute my views at all. In fact, I'd say they rather support them. If I enjoy an artist's work, the Bible tells me to support him/her as I would have him/her support me. That's precisely what I desire. My point is that it should be voluntary, not compulsory. Compulsory adherence to arbitrary rules is exactly what the Pharisees of Jesus' time did, and exactly what He was speaking against.

      Lastly, thanks for making me think through my statements more fully.

      --
      Yes, you can dance to Radiohead.
    13. Re:What other side of the coin? by Anonymous Coward · · Score: 0

      In 1864 Stephen Foster died ill and impoverished. He was the writer of immensely popular songs which are still considered quintessential "Americana." His work was appreciated in his time - so much so that people copied and sold his sheet music without sending him any royalties.

      Doing it "for the art" doesn't work for a career choice without copyright enforcement. Saying "if the artist's work is good enough, he'll get by" doesn't work without copyright enforcement.

    14. Re:What other side of the coin? by Anonymous Coward · · Score: 0

      "Are artists going to make as much money? Probably not. Should that be their focus? I don't think so."

      Perhaps it would be more accurate to say that the profit of artists should not be the focus of copyright law, rather than that it should not be the focus of artists. Copyright law imposes serious restrictions on freedom of speech, but is justified on the basis that it results in superior art. If it doesn't produce better art, then it should be changed to a form that does, regardless of how many artists and associated hangers-on (RIAA, etc) it puts out of work.

    15. Re:What other side of the coin? by Ferzelic · · Score: 1

      Art has been made for profit since the history of currency. Shakespeare, Mozart, and countless other grand masters were in it for the money.

      A key point, however, is that they were paid to produce or perform their art, not for the resulting art itself.
      Once Mozart's music was public knowledge, anyone else was free to perform it themselves, or have someone perform it for them.

      Mozart didn't live off the retail profits of his sheet music.

    16. Re:What other side of the coin? by sl3xd · · Score: 1

      copying was quite efficient since there was a large class of slaves and copying of books was just as big an industry as today

      This is wrong on so many levels. The last thing a slave owner wants is an educated slave. Educated slaves tend to either run off or kill their masters. It costs time and money to teach anybody to read and write. Guess what? Slaves weren't worth it. There was more than enough labor-intensive/dangerous work to throw slaves at (such as producing food).

      Scribes were highly paid professionals, and had a social standing just below the aristocracy. Over time, their value diminished, but only after the advent of the printing press -- at which point the owner of the printing press were highly paid.

      But, ignoring the wrongness of literate slaves:
      Even if you had literate slaves (which you didn't), having a large number of slaves copying books is not efficient. Efficiency is the amount of a resource expended to produce something. It required thousands of man-hours of work to create a single copy of one of the more popular books to duplicate (the Christian Bible is still the most popular book to print, for example) This process wasn't cheap -- Paper was very valuable stuff, ink isn't free, and even if you have slaves, you have to feed them or they starve to death; you have to shelter them or they run away. Food and shelter costs a lot of money. In most parts of the world, it's still the primary drain on a person's finances.

      In other words, to copy books back then, it required lots of paper (mistakes are much more common when hand-copying), and even more importantly, it cost a great deal of food to have somebody (slave or free) to do the copying.

      Early printing presses allowed thousands of copies to be made with the same amount of effort as one hand-copied book. This was a very drastic reduction in the cost to duplicate a book. It was still a human-powered process, and the primary cost (after paper, which was non-trivial) was to feed the man running the press. But that one man could do the work of thousands of scribes.

      In other words, slave labor couldn't have made books more efficient to copy -- the same amount of effort is required whether it's a slave or a free man doing the copying. This means the efficiency is identical in either case.

      As far as costs go -- slaves are cheaper; but slaves are not 'free' labor, and they never were. The only difference between the Romans and us is that we use mechanical slaves, where the Romans used human slaves. Our mechanical slaves aren't zero-cost, are they?

      --
      -- Sometimes you have to turn the lights off in order to see.
    17. Re:What other side of the coin? by CRCulver · · Score: 1

      This is wrong on so many levels. The last thing a slave owner wants is an educated slave.

      Do you have any training in Classics at all? Ancient literature is full of references to slaves who worked as scribes. They were not "highly paid" professionals in Rome. Please stop talking out of your ass.

    18. Re:What other side of the coin? by Kojiro+Ganryu+Sasaki · · Score: 1

      You have a point, and that point is that many artist WANT to see their stuff spread around even if they don't get paid for it.

      HOWEVER. And this point is VERY important. Not many artists would like to see OTHER PEOPLE selling their stuff without their permission and making money off of it.

    19. Re:What other side of the coin? by Oligonicella · · Score: 1

      "Wrong, copying was quite efficient since there was a large class of slaves and copying of books was just as big an industry as today. And literacy in the ancient world was higher than people today often think."

      Efficient how? You start with one and only one book and make a copy. A thousand scribes looked over each other's shoulders maybe? Get real about the logistics. It was a slow and tedious process, else wise we'd have those thousands of copies of ancient texts at our disposal now and we don't. M'thinks literacy was less than you think.

      "No, firms which sell copyrighted content often make creators sign away their rights."

      Well, there's an absolute piece of shit lie. No one can be made to sign their rights away and that's not the way it's done in any event. The author retains their copyright, period. The publisher leases said copyright for a while, not forever.

      What you may be purposely conflating is when some firm like Disney pays an artist (either art or word) to create something for the business, in which case the business owns the copyright, not the creator. That's called a job. Don't want to do it that way? Don't. Create on your own and then find a publisher. You'll retain your copyright.

    20. Re:What other side of the coin? by Anonymous Coward · · Score: 0

      If anyone could copy it freely with minimal cost, why would they buy it from someone else?

    21. Re:What other side of the coin? by Kojiro+Ganryu+Sasaki · · Score: 1

      Allofmp3.com

  5. So let me get this straight... by daveschroeder · · Score: 5, Interesting

    Misappropriating and/or "stealing" things that don't belong to you, or just flat out breaking the law (in some jurisdictions), is okay if in someone else's estimation it's actually "helping" them?

    Brilliant!

    Here's the problem: the new "business model" they talk about is that free music sometimes promotes something else (concerts, merchandise, or something new entirely). Ok, great. What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me? What if I've voluntarily signed on with a record label because I think that it's in my best interests (and no, I haven't been "brainwashed"), and that record label has a trade group that represents it, and what if the laws of my country support the protections of my creations?

    I love how in the AllOfMP3.com story here recently, people talked about it as a new "business model" that the record labels and trade groups just hated. Um, huh? The Russian mob taking things that don't belong to them under the guise of a very weak argument that they can do it under radio license rules (which are designed, ironically, to get people to BUY the content, not as the mechanism for people to permanently obtain pristine digital copies) and selling them for 1/10 or 1/20 of what they sell for via legitimate channels is a "business model"? I guess if you don't believe that anyone should be able to "own" content like that, ever, and that the "legitimate" distribution channels are nothing more than a state-sponsored and -backed mob, ok.

    Has it ever occurred to anyone that the the content owners might need to sell the content for 2 or 5 or 10 times more than AllOfMP3.com does to actually support the industry? If your answer is "no, they don't need all these ungodly rich Britney Spears types" etc., and should be able to sell it for just the costs of bandwidth, who the hell are YOU to decide that? Chances are, some of their promotion, advertising, distribution, marketing, and production is what made a particular artist - the popular ones people often pirate - desirable in the first place. And how is it even an argument that, essentially, you can "steal"/copy something on your own and get it for cheaper, and if it's more expensive than some arbitrary value you've set in your head, it's okay to just take?

    But why is the anti-copyright argument always the one touted here?

    And for those in the "copyright is bad on works that can be effortlessly copied in the digital realm", consider that "art for art's sake" isn't the end-all be-all argument, either. Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

    I'm not saying the trade groups aren't out for control, and maybe even aren't greedy baby-eating bastards. But this isn't binary opposition: it's not RIAA-like "thuggery", or no ownership rights at all. Where's the middle ground? And no, I'm not saying copyright should be perpetual and infinite, either. But can we ignore A.A. Milne's shit that's 75 years old for a minute as an arguing point, and talk about what's really at issue, which is brand new, current, and popular music and movies?

    1. Re:So let me get this straight... by Schraegstrichpunkt · · Score: 3, Insightful
      Misappropriating and/or "stealing" things that don't belong to you, or just flat out breaking the law (in some jurisdictions), is okay if in someone else's estimation it's actually "helping" them?

      I love how there's always someone who will bring useless arguments like, "it's against the law", into a discussion about what the law should be.

    2. Re:So let me get this straight... by Jeff+DeMaagd · · Score: 1

      I see this as another example of two (or more) sides not listening to each other, and then the fringes of each camp come up with contrived explainations that back up their sides, refusing to to accept or acknowledge that all the facts are on your side. For the copyright infringement side, there's arguments like the claims made in the article summery, for the industry's side, they claim that every copy loses them full retail price, which is another absurdity as well.

    3. Re:So let me get this straight... by Anonymous Coward · · Score: 1, Insightful

      I love how there's always someone who will bring useless arguments like, "it's against the law", into a discussion about what the law should be.

      and how 'what the law *should be*' is a justification for breaking 'what the law *curently is*'

    4. Re:So let me get this straight... by plasmacutter · · Score: 3, Insightful

      But why is the anti-copyright argument always the one touted here?

      considering the stance you take on your post.. I believe you have the answer already.

      You seem to believe that these people should be allowed to control and regulate every other sector of the economy.. that they are some superclass of nobles who have a "right" to revenue. The question should not be weather the 99.999999% of the human population on this planet are not being prosecuted for piracy, it should be why 0.000001% of the population are entitled to hold back innovation with the likes of the DMCA and to pillage the rest of the population with monopoly rents.

      Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

      and do you understand that whole huge swaths of the tech sector have been brought to a standstill for the sake of industries which are hundreds of times smaller and are undeserving of corporate welfare at the expense of hundreds of billions if not trillions in economic growth which would be occuring otherwise?

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    5. Re:So let me get this straight... by daveschroeder · · Score: 1

      I love how there's always someone who will bring useless arguments like, "it's against the law", into a discussion about what the law should be.

      I love how supposedly-intelligent people can't realize that at some level, at some point in time, members of a civilized society must have some acceptance of a system of laws and order, instead of just arbitrarily and indiscriminately breaking ones they personally disagree with, if there is to be any value to a legal system at all.

      So, since all you could do was pick one thing I said (a reference to some infringement possibly breaking the law in some jurisdictions/nations), what's your solution? No copyright, and anything that can be copied digitally should always be free?

    6. Re:So let me get this straight... by plasmacutter · · Score: 1

      what's your solution? No copyright, and anything that can be copied digitally should always be free?

      My solution would be to restore the balance..

      Copyright holders should only have the distribution rights to their own work, not the work of electronic and software engineers just because their devices can be used for "circumvention" of locks designed to remove publically demanded flexibility such as skipping manatory commercials and fair use format shifting.

      what solution do you suggest? continue expanding their regulatory control until their power is greater than the fed?

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    7. Re:So let me get this straight... by roman_mir · · Score: 1

      Wish I had mod points to mod you UP and to keep pushing it up when someone (and they will eventually) will start moding you as Flamebait and/or Troll.

      Apparently most of the /. crowd is completely anti-copyright and they don't like the idea that information/music/video that they like to enjoy has to be made by someone and someone has to pay for this. Basically it is "we don't want to pay for this what you charge, but we still want to have the right to use your creations attitude" around here. Original copyright holders may even decide to distribute their work for free (as in beer,) as long as they can keep control of the distribution channels (for whatever reasons, for example it can be profitable from ads point of view.)

      I wish there was a way to use unbreakable DRM and distribute my own stuff with it enabled but it is not a possibility today (yet.)

    8. Re:So let me get this straight... by liegeofmelkor · · Score: 1

      "Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?" But what about the millions who have DIRECTLY suffered at the hands of Britney Spears and the Spice Girls because the record companies decide this is what we will listen to. Think of the children!

    9. Re:So let me get this straight... by Anon-Admin · · Score: 1

      which are designed, ironically, to get people to BUY the content, not as the mechanism for people to permanently obtain pristine digital copies

      Have you downloaded music from the net? Pristine is not what you get; it is what the record labels use as an excuse to not allow it. Half the time I get good, or ok copies until I buy the CD. Then I get pristine!

      Music that is cut off at the end, has 30 sec of music followed by static, plays half way through then stops due to a bad bit rate change, etc. Sure you can download music but it is in no way PRISTINE!

    10. Re:So let me get this straight... by daveschroeder · · Score: 1

      I'm not saying that things like peer-to-peer networking or file sharing mechanisms should be outlawed, and never did. I don't care about those tools.

      But what about people who use those, or any other, tools en masse to distribute something to which they don't have rights? This isn't about BitTorrent being made illegal or The Pirate Bay being shut down.

      How should copyright owners be able to assert that right of distribution, as you note they should have? What if they (perhaps "they" here is a complicated network of record labels, trade groups, distribution companies, and so on) decide to use "DRM" to attempt to protect their work? What if the government, for whatever reason, recognizes the value of such protections, and makes circumventing such protections illegal? HOW, precisely, do the content owners maintain distribution rights and control over their own content if they have no teeth to do so?

      And speaking of The Pirate Bay, any legal use is incidental. Its main purpose is to act as a hub for the dissemination of information that results in people being able to obtain copyrighted works. I could really care less if the act of "file sharing" or whatever euphemism people want to use is legal in its host country; if it is, then it should only be able to be used there. But oops, people all over the world can easily and quickly use it. How is that okay or allowable, in a model where you say that copyright holders should have distribution rights to their own work, which includes how much they'd like people to pay for it and how and via what mechanisms they can obtain it?

    11. Re:So let me get this straight... by daveschroeder · · Score: 1

      AllOfMP3.com "sells" pristine digital lossless copies of pretty much anything you want for prices like $1.40 for a full album.

      That's the "business model" people think is so great, to which I was mockingly referring. It's not a "business model"; it's a bunch of people with no costs taking things that aren't theirs, and "selling" them. Yeah, great "business model".

    12. Re:So let me get this straight... by HappyCycling · · Score: 1

      >>Music that is cut off at the end, has 30 sec of music followed by static, plays half way through then >>stops due to a bad bit rate change, etc. Sure you can download music but it is in no way PRISTINE!

      You're getting it from the wrong places then.

    13. Re:So let me get this straight... by honkycat · · Score: 5, Insightful

      You raise some very interesting points.

      The thing that I think makes this such a difficult problem is that, it would seem, the music/movie/entertainment industry as it is and has been since the middle of last century (ie, since the advent of practical mechanical/electronic publication of music/movies/etc) is built on a model that fundamentally requires that high-quality duplication be expensive. That is no longer true. As a result, one of two things will happen. Either the system will be changed so that it IS once again expensive to duplicate these products, or the production system will change to be compatible with free or near-free copying.

      The legal wrangling that's been going on is all essentially trying to make duplication expensive. It's not technically expensive any more, so the powers that be are adding legal and social costs (through laws or public villification of offenders). They're also trying to make it technically expensive through artificial means (copy protecting hardware, e.g.).

      In my opinion, this is destined to fail. I don't believe you can achieve the level of enforcement necessary to rub out piracy (arrrrr) or the technical sophistication to outwit all the world's engineers who want to make a high-quality copy of a file they possess. The cat is out of the bag, technologically, and it ain't going back in.

      It's a scary prospect, both for the entertainment producers and for the end users. No one knows what a market compatible with near-free duplication costs will support. It's never been done before. The producers stand to lose a lot, since they can't predict where to go to protect their interests in this unknown environment. The end users also stand to lose since it is quite possible that the number of artists who can be supported will fall drastically. Of course, it could end up being better for everyone in the long run. But it's really pretty close to impossible to predict.

      Anyway, just some thoughts. I don't have any prescriptive answers for how to deal with this phase change. The best I can do is urge copyright reform to help society face up to the fact that free and easy copying is going to be the way of the future and hope that we can responsibly manage the transition.

      Oh, and screw the **AA. :-)

    14. Re:So let me get this straight... by plasmacutter · · Score: 1

      HOW, precisely, do the content owners maintain distribution rights and control over their own content if they have no teeth to do so?

      first off allow me to point out that bit for bit copies of DRM'ed media "en masse" do not require circumvention at all, and still work on all official players. Second I would like to point out that unlike casual users, large commercial pirate syndicates can hire engineers to crack it, that is.. if it doesnt get cracked by hacker camps who have succeeded in cracking everything to come down the pipe so far.

      DRM is not an antipiracy tool for the **AA groups, it is a hook to hang lawsuits on which they can use as leverage to regulate any and all playback devices; it is also a tool by which the RIAA can defraud the less savvy by forcing them to purchase rather than allowing them to excercise their fair use rights.

      You want teeth.. the teeth are the IP laws. Any large scale distributor, especially if it is in physical copies, is, was, and always will be subject to prosecution under pre-dmca law... without giving the **AA carte blach regulatory control over everything with an integrated circuit.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    15. Re:So let me get this straight... by EL_mal0 · · Score: 1

      Good land! Do you actually believe what you just wrote? I agree that the tactics used by certain organizations *cough-RIAA-cough* to discourage piracy are heavy-handed and innefective, but this doesn't give anybody the "right" to pirate media.

      You state:

      You seem to believe that these people should be allowed to control and regulate every other sector of the economy.. that they are some superclass of nobles who have a "right" to revenue.

      presumabely talking about the RIAA, etc. Wheras it may be true that these people don't have a right to revenue, somebody does. This group of people are called artists. They make music, movies, etc. I'll admit that it is debatable whether much of what is rolled out should be called "art". Nevertheless, "artists" make this stuff. And, as the original post pointed out, they should be free to decide how to distribute their art, whether or not it provides them with the highest financial return.

    16. Re:So let me get this straight... by pcguru19 · · Score: 1

      First, I can't say for sure if piracy lead to the death of the album as a desired purchase or downloading; but there is almost no artist out there that's producing albums. Instead, it's 2-4 singles and filler to get to 12 songs or so. Because of that reality, almost nobody wants to buy an entire cd. I frequent iTunes and have yet to click on the "buy CD" link on any record released after 1982. I think the "business model" that's come of piracy is pay-per song, which isn't really a new business model if you grew up in the age of 45's.

      My real point is that few artists make their mark long enough to develop a genuine revenue from record sales. The "first deal" is heavily slanted towards the record company, and fairly so because they assume the risk of the 20 records that tank for every one that sells well. Compound that with the dwindling number of artists that actually write their own music and the result is most of the royalty income from the RIAA goes to the record companies and their staff of songwriters that are actually talented musicians that use the latest good-looking puppet to sing their songs for them. The issue with that is people don't see the artist as the victim in downloading, they see a faceless songwriter and a record company getting 95% of the royalties and their favorite artist getting squat.

      So instead, kids will download the music for free and pay to see them in concert, thinking the artist will get more money that way; which is another false assumption for artists in their first record deal. Video did indeed kill the radio star.

      --
      STFU & GBTW
    17. Re:So let me get this straight... by dbc001 · · Score: 1
      talk about what's really at issue, which is brand new, current, and popular music and movies?
      We no longer need copyright to encourage people to create new music. There are almost ZERO barriers to entry when it comes to making a musical recording. 50 years ago, you needed an expensive studio, you had to pay people to work the equipment, etc. Now you just need an el cheapo computer and a cheap microphone from Radio Shack. Want some proof? How about the 2 million+ bands on myspace? Or how about searching google for some free music? You probably can't find any Creative Commons music out there...

      So we have the "brand new", "current" thing covered, but what about popular? Well if you define popular as "what's playing on commercial radio because of marketing budgets", then you're right - that is definitely in jeopardy. But if you define popularity as what people actually listen to, because they actually like it - I am 100% confident that there is enough free, decently-produced, well-written music out there to keep you busy for a very very long time.

      But what about video you ask? Well video is just starting to boom with Google Video and YouTube and all the other new sites. But the fact remains: Copyright is no longer necessary as an incentive for musicians. That argument just doesn't hold water. And video is following quickly.
    18. Re:So let me get this straight... by G+Morgan · · Score: 1

      Bit of a contradiction here. Firstly you posted:

      "I love how supposedly-intelligent people can't realize that at some level, at some point in time, members of a civilized society must have some acceptance of a system of laws and order, instead of just arbitrarily and indiscriminately breaking ones they personally disagree with, if there is to be any value to a legal system at all."

      Then you posted:

      "I could really care less if the act of "file sharing" or whatever euphemism people want to use is legal in its host country"

      Surely people should accept there is a code of law and shouldn't pick and chose which ones they want to follow.

      Anyway I disagree with the sentiment entirely. The original creators of law themselves said that for intelligent people laws are meerly guidelines. Even the Babylonians recognised that unrestricted enforcement of law is bad, sometimes because of fringe cases and other times because the law is quite frankly wrong. Modern society recognised it as well when judges were appointed to arbitrate law, as it stands though they may as well be machines, they don't utilise the license they were clearly put in place to use.

    19. Re:So let me get this straight... by MindStalker · · Score: 3, Interesting

      I love how supposedly-intelligent people can't realize that at some level, at some point in time, members of a civilized society must have some acceptance of a system of laws and order, instead of just arbitrarily and indiscriminately breaking ones they personally disagree with, if there is to be any value to a legal system at all.

      Ok so if there is a law I disagree with I should encourage its change but not break it until its been changed. Hate to break it to you but thats just what me and many others are doing, I havn't illigally copied a piece of music sence the original napster (at that time the legality was undecided, and parts of it are still now). But you seem to think that if I simply post on a message board the positive effects on free copying (and your right, piracy is probably wrong to advocate, as it advocates breaking the law) that I'm some type of low life that has no respect for property and can not make a rational argument.

    20. Re:So let me get this straight... by Firehed · · Score: 2, Insightful

      Two words: Civil disobedience.

      --
      How are sites slashdotted when nobody reads TFAs?
    21. Re:So let me get this straight... by greg_barton · · Score: 1
      Where's the middle ground?


      Copyleft.
    22. Re:So let me get this straight... by plasmacutter · · Score: 1

      And, as the original post pointed out, they should be free to decide how to distribute their art, whether or not it provides them with the highest financial return.

      and exactly what part of that freedom to distribute their work is covered by the DMCA, which distrupts the right of electrical engineers, software developers, inventors, and potential competitors and innovators in the tech sector from distributing their works as they see fit...

      they should have a right to independently engineer their own way to interact with protected media if they find the licenses for the "official" method to be too restrictive. That right was robbed from them by the **AA's, and in the process the balance of copyright was severely skewed away from consumer interest.

      Copyright used to mean monopoly distribution right for their own works.. now it apparently means carte blanch regulatory rights over all electronic devices.. which is rediculous.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    23. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      Get better sources then? Theres no reason to ever get worse quality than you could buy, often you'll get better(like full soundtracks for movies that only sell limited ones, or getting hdtv rips of tv shows rather than buying the lower quality dvds)

    24. Re:So let me get this straight... by JulesLt · · Score: 1

      >But why is the anti-copyright argument always the one touted here?

      Yes, I do find it odd, as I would wager that a very large number of /. regulars work in proprietary 'content' development of some sort, but seem to be desperately in denial of this fact.

      I think the problem is that copyright gets in the way of what we want to do with technology, therefore it must die. I will not be told what to do with my computer by law, and god forbid me if someone tried to impose a technological restriction on me. I think that is an entirely fair attitude within your own home. I feel entitled to copy my VHS to DVD and vinyl to MP3, regardless of the actual legality.

      The problem is that we have all been handed a personal printing press and CD pressing plant. We can act like publishers. Many of us do - we screw over artists for our own reasons.

      Can you imagine the typical reaction here if Warners or Sony announced that it was not going to pay artists because 'they make millions from concerts anyway'?

      (If you do believe in 'free culture' like you believe in Free software then support it. Pirating 'non-free' culture is like running a pirate copy of Microsoft Office. You aren't contributing to the solution, just depriving 'the man' of some money).

      --
      'Capitalists of the world, unite! Oh ... you have' (League Against Tedium)
    25. Re:So let me get this straight... by kindbud · · Score: 1

      Corporations exist for one purpose: to externalize costs, to make someone else pay. Piracy does the same thing. Corporations and piracy were made for each other. Payback is a bitch, and money isn't free. It all comes down to who is willing to use the gun first, and we all know who that is. Fuck them. Make the bastards shoot. They want to anyway. You know they do.

      --
      Edith Keeler Must Die
    26. Re:So let me get this straight... by iminplaya · · Score: 1

      Misappropriating and/or "stealing" things that don't belong to you...

      You're also missing the point. The things described here don't rightfully belong to anybody exclusively. It is a misappropriation of government power to grant such ownership. That's the real theft.

      ...that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

      And there are many who benefit from contraband, prohibition, war...Just because a particular group of people benefit from something, doesn't automatically make it a good thing.

      A business model based on exclusivity, though profitable for some, is not necessarily a good way to run things. It causes an artificial scarcity of resources where none would exist otherwise. It depends on the misery of many for the benefit of a privileged few. It is based on the premise that if there was no poverty, nobody would do anything. Most of us live on land that was stolen from somebody else, even if indirectly. So maybe you should think twice on where to apply the term "theft".

      --
      What?
    27. Re:So let me get this straight... by tweakt · · Score: 1
      If your answer is "no, they don't need all these ungodly rich Britney Spears types" etc., and should be able to sell it for just the costs of bandwidth, who the hell are YOU to decide that?

      We are the market. It's called capitalism.
      Some artists have mass market appeal and become rich regardless of piracy.
      Some can't even give their songs away. It's all market demand.

      And in other countries not under the stranglehold of the US copyright system, where we cannot get our act together and supply what consumers want, other people are stepping in and doing that. Have you not learned anything from the phenomenal success of the iTunes Music Store?

    28. Re:So let me get this straight... by EL_mal0 · · Score: 1

      It appears I'm missing a key part of the point you're trying to make with this and other posts, or maybe I don't understand the intricacies of the DMCA.

      From what I understand, the DMCA isn't disrupting the rights of people to invent new and innovative ways to distribute their work. If you want to produce a new media with a new compression scheme, or for a new sort of player that feeds music directly into your brain, great. But I don't see how it's anybody's right to "interact with protected media". I'm not even sure what that means; are you talking about DJs sampling parts of existing recordings, etc.? If so, you have a point. If you're talking about new CDs not working on old CD players, that is a moot point. Manufacturers aren't under any obligation to ensure 100% backwards compatibility. It would be nice, but they don't have to if they don't want to. To my knowledge (correct me if I'm wrong) old media works on new players, so my right to play music I have already paid for is not being infringed. If I just have to have the latest DRMed Britney Spears CD, then I guess I'd better pay $100 for a new CD player or go to iTMS.

      It doesn't matter whether I think anybody's official license is too restrictive. As long as the license is legally sound, I'm bound by the restrictions found in the license. I don't have a right to engineer technology with the express intent to bypass other technologies that try to enforce that license. I'll agree with you, though, that any license that deprives me of fair use of the product I have purchased should be illegal; it's a shame elected officials aren't seeing this.

    29. Re:So let me get this straight... by iminplaya · · Score: 2, Interesting

      ...instead of just arbitrarily and indiscriminately breaking ones they personally disagree with...

      Hmmm...like a certain powerful leader chooses to do on the slightest whim. The "thieves" you disparage are just following the example set by their "superiors". Many of us don't believe in the "Do as I say, not as I do." thing anymore. If you won't apply the law to everybody...equally, don't try to apply it to me. "Si tu fumas, yo puedo fumar tanbien."

      ...what's your solution? No copyright, and anything that can be copied digitally should always be free?

      Well, somebody has to pay for the electricity(for now), however, that would be a good first step.

      --
      What?
    30. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      But why is the anti-copyright argument always the one touted here?

      Because those doing the touting are not likely to create anything worth stealing.

    31. Re:So let me get this straight... by zippthorne · · Score: 4, Insightful

      You really cheapen the concept of civil disobedience if you start using it to obtain crappy music for free.

      --
      Can you be Even More Awesome?!
    32. Re:So let me get this straight... by Moofie · · Score: 3, Insightful

      Tell that to Dr. King.

      The only value of a legal system is when it preserves and protects the freedoms and the interests of The People. The law does not exist for its own sake.

      "Law and Order" for its own sake is not a virtue. It's tyranny.

      --
      Why yes, I AM a rocket scientist!
    33. Re:So let me get this straight... by vux984 · · Score: 1

      What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me?

      Then don't play it, or allow it to be played in places where people might hear it. Nobody is making you share it.

      The issue is that once you've made it available, it is utterly absurd that people should pay an "industry" to issue a "sanctioned copy" when they can do it themselves for nothing.

      Enacting laws to force people to do it that way just annoys them and turns them into criminals, because the laws are just absurd and the people largely ignore them.

      You can't cling to the 'old way' simply because YOU like it. The world has moved on, the laws may still be in effect but they make absurd demands of citizens.

      That said, we all still agree that artists should get paid, but attaching their income to 'copies sold' is now absurd. So the trick is to find new ways of paying the artists. And there are several.

      For example a major artist could choose to 'ransom' his music. They write a new album, and then ask for 5,000,000 to release it. They open an account, let fans deposit as much or as little money as they like, and after 6 months, if the total is 5,000,000 the record is released, if not then not and the money is refunded. If it didn't sell, then they can try again at a lower figure, or sweeten the deal by adding another single, or go on tour to promote it...

      They could apply their taxes to media, hard drives, flash cards, etc. (Which they already do.) And then distribute money (which they claim to do). Or better by far they could let the fans allocate the money themselves. I'd be thrilled if I could log into a service like iTunes, punch in the serial number of my new hard drive, and have the tax sent over to the band(s) of my choice, or allocated to the artists in my music library. The money at the end of each year that's unallocated can be distributed by the riaa etc.

      Services like iTunes can continue to exist, sans DRM, at 10 cents or 25 cents, or even a dollar, whatever the market will bear. People are happy to pay a small premium if they get instant delivery, the product isn't inferior to what they'd get from p2p networks, and it supports the artist. But they are competing against p2p so the premium can't be high, and above all, the product shouldn't be inferior.

      The point is there are a million innovative ways of solving the problem. Insisting that we prop up a dead end technology just because that's what "you" would like is absurd.

      If we invented some magical teleportation device, would you continue to pay the USPS for postage? Of course not! What if customs got all upset because these teleporters were being used to bypass duty fees and tarrifs would you support banning teleportation and reinstating the USPS to transport your packages? Or would you prefer to re-think how duties are assessed, and levied?

      As an artist you are in the same position as a government duty collections agency. Up until now you were able to levy your cut where the cd went from manufacturer to retailer or wherever along that chain to the end customer it happens; it was convenient place to put your "tollbooth". Same with duty, putting the booths at the border was a convenient place to intercept goods crossing it. In a world with trivial perfect copy technology or teleportation technology these logical interception points no longer exist. Its absurd to try and restrict the technology and enact absurd laws just to prop up an artificial boundary so you can continue levying your fees at the same place you are accustomed to.

      A new place to erect that tollbooth has to be found. In a recording artists case, attaching a tax to media is one place, inserting a giant toll before it gets released to the public is another place. I'm sure there are other innovative ways of getting paid. I'm not against the music industry, nor against copyright. Most of the copyright act is still sensible; with respect to restrictions on public performances, or plagiarism, or the right to charge money for the work, etc. Those should still belong to the artist (or delegate). However, the monopoly on the right to copy, especially when applied to a computer file, just doesn't make sense.

    34. Re:So let me get this straight... by rsilvergun · · Score: 1

      People pirate obscure artists all the time, or they used to until sites like Audiogalaxy got shut down. There are tons of obscure musicians who's catalogs are owned by big record companies thanks to buyouts. It's not just not worth the trouble to put them on iTunes, it'll never happen. Record Execs don't want to, it fragments the market. Selling/Promoting one no-talent pop diva is far more profitable then a thousand real artists. Plus, if the pop diva gets uppity she's easy to replace. An actual musician with his/her own sound and style is going to take his fans with him when he jumps ship.

      The middle ground? It was lost when the big companies bought out mp3.com under threat of suing it into oblivion. The middle ground is some way for artists to reach their audience without being screwed over by a record company. Record Companies are actively pushing away from that.

      --
      Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    35. Re:So let me get this straight... by drinkypoo · · Score: 1
      I guess if you don't believe that anyone should be able to "own" content like that, ever, and that the "legitimate" distribution channels are nothing more than a state-sponsored and -backed mob, ok.

      I don't know about the first part, but the second part is definitely true.

      Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

      In a fair market, or maybe even in a totally free market, everyone can benefit from economic activity. In the real world, where every major transaction is the result of collusion and every rule that can be broken is broken, and all others are bent, the system basically exists so that the rich can fuck everyone else with sandy lube and a chainmail condom.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    36. Re:So let me get this straight... by AK+Marc · · Score: 1

      HOW, precisely, do the content owners maintain distribution rights and control over their own content if they have no teeth to do so?

      I don't know. But the current method of blocking me from using the product I bought in a manner that is perfectly legal just goes to justify all the people that are happy to illegally use their products. Tell me how I can legally copy my DVDs onto my laptop for more convenient viewing. After all, that's perfectly legal under Fair Use. Or, explain to me why "time shifting", though explicitly legal, is being blocked as much as possible by content distributors. When they try their best to block rights I have, I see no reason to fight for their rights. Let me know when they start playing fair, then I'll attempt to pull out some empathy and see what I can do to protect their interests. Oh, and if you ever figure it out, tell me if I'm buying a physical CD or the license to music which happens to be delivered to me on a CD. The content distributors seem to pick and choose one of the two for whatever fits their uses best at that moment, sometimes even choosing both, if it hurts me more.

    37. Re:So let me get this straight... by AK+Marc · · Score: 3, Interesting

      Well, what else should we do when our constitutional rights to having content become unrestricted after a "limited time" are infringed? Sure, it isn't slavery, but it is an explicit protection which is being eliminated. Or should we just be glad we are only losing content, and not being sent to Cuba?

    38. Re:So let me get this straight... by dugjohnson · · Score: 1

      But can we ignore A.A. Milne's shit that's 75 years old for a minute as an arguing point, and talk about what's really at issue, which is brand new, current, and popular music and movies?
      Winnie the Pooh would be very, very sad you feel this way...

      --
      My brain is overly lubricated
    39. Re:So let me get this straight... by EL_mal0 · · Score: 1

      Your comments make me think of what the future holds for artists. I think you're definitely right in stating that the number of artists that can be supported will fall. Touring/live performances will have to be the big money maker for most artists if the industry is forced to come to terms with virtually free reproduction of their goods. And there are not too many artists with enough talent (musical or performing) to sell enough tickets to turn a consistent profit.

      As has been pointed out here on /. before, this model has worked for a number of groups in the past; the Grateful Dead and Phish are probably the best known examples. If you go to etree you can see that a number of bands are giving away their music, often as high-quality soundboard recordings. And they're still out there making music and money.

      One key ingredient the profitibility of most of these bands is the same thing that is making open source software successful: community. Many of the fans that attend concerts and trade recordings also buy practically anything the band puts out. Many of them are willing to pay for official releases of concerts they already have to support the band.

      The communities around these bands/artists are not usually large enough to drive albums to multi-platinum status, but they are loyal. That's probably more than can be said about people who buy the latest flavor-of-the-month studio album.

    40. Re:So let me get this straight... by Evil+Shabazz · · Score: 2, Insightful

      "If your answer is "no, they don't need all these ungodly rich Britney Spears types" etc., and should be able to sell it for just the costs of bandwidth, who the hell are YOU to decide that?"

      Sir, I'll tell you "who the hell" I am to decide that:

      I am the consumer.

      I don't care what product you make or how wonderful it is or how rich you want to be. If I, the consumer, don't want to pay your price for it then you have two choices:

      1. Sell it for less.
      2. Don't sell it.

      Conversely, I have a choice as a consumer, too. I have to decide if your price is worth it to me. If so, I buy it. If not, I don't.

      Why do people pirate music? Because they aren't willing to pay the price asked and they don't fear repercussion of violating the laws requiring them to purchase the music.

      Case in point: Why do you think iTunes is doing so well? Because it's incredibly easy to buy just the music you want and a price that feels more fair. Your average album on iTunes goes for about $10, vs the $15 to $20 you'd pay for a physical CD.

      --
      Down with the career politician! SUPPORT TERM LIMITS
    41. Re:So let me get this straight... by AK+Marc · · Score: 1

      Apparently most of the /. crowd is completely anti-copyright

      I believe that the vast majority are pro-copyright. As soon as "for a limited time" is acknowledged by copyright holders, we can call "interminable media monopoly" a "copyright" issue again. But then, the media monopolists would have to treat us with the respect they are demanding for themselves, and we know that will never happen.

    42. Re:So let me get this straight... by cyber-dragon.net · · Score: 4, Interesting

      I am going to skip the usual wordy and subtle version of the "you have no clue" diatribe and skip right to my point.

      Copy right originated as the RIGHT TO COPY protecting printing presses from trying to put a stranglehold on production and allowing education to not be impeded by finance. It was the right for the people who purchased something to copy it for their own use.

      Extrapolate this now to modern era with media such as music and movies. It follows that I should have the RIGHT to copy anything I lawfully purchase. Any form of DRM impedes MY RIGHTS as outlined in the intent of this law. It is that I disagree with, and thus any laws that support it.

      As for allofmp3.com maybe the **AA should take a clue from the success of this site and of iTunes and see that people ARE willing and able to pay, and they are telling the *AA what they are willing to pay. A smart organization would listen and adapt. They would say "Wow, people are willing to pay X amount for this in droves... how can we work that as to capitalize on all these sales" and "we can sell 100k copies at $20 or 500K copies at $10... how do we work a greater profit margin out of the $10 sale then?"

      That is what people refer to as the "Business model," not piracy as a business model (although many companies *cough* microsoft *cough* have made it one and cornered a market via piracy. But looking at what people are showing themselves to be willing to do and adapting to that rather than trying to force what the **AA as an organization feels people should be willing to do.

      I will admit to my own bout of piracy but have since realized it was not productive. Now I seek out means of legitimately acquiring the things I need at a price I am willing to pay. Wow... free market... what a concept. If it is legal for me to pay $2 to a company in Russia for an album in mp3 format I will do so. Russian law requires the artist receive a portion of this which I support. I see no need to pay the **AA to do ANYTHING. Now if someone proves the artist is not receiving their portion of the money then I will also support any legal action taken against the people who broke the law. Any artist who's music I have purchased is more than free to contact me asking for my assistance in this... or to make that argument publicly.

      Someone found a business model which as far as I know is legal, to sell me something I want for a price I am willing to pay. If iTunes offered the same price I would still buy from allofmp3 because it lacks DRM and I can do what I want with what I purchased, as I have a RIGHT to do. If iTunes offered the same thing for the same price I would buy from them as their interface is better and I have a slight preference to supporting US companies. See the pattern? Sounds like free market to me.

      Under no circumstances will I give these files to anyone else, as that is illegal and unethical unless I then delete them. As I feel I was charged a reasonable price I should direct others to buy it at the same place. It is equally unethical in my mind to prevent me from doing so. If I want to give a book to my friend for them to read I can do so. No one would dispute this, even the **AA, although they would like to. Why should a CD or mp3 be different? So long as I do not have a duplicate of the item when I give it, that should be a legally protected transaction.

      The difference between me and most is I feel an obligation to "fight the system" I disagree with but by simply not giving my money to those I disagree with. If you want to sign on as an artist with an RIAA label that is your right... just don't expect my money or for me to support you when ask me to vote for laws that impede my rights. Now if you want to sell me your album direct for $2-5 and pocket everything but the bandwidth costs be my guest, you will probably get my money. If your any good you will probably get my money more than once because I did not back up your mp3 before a HD crash or some such.

    43. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      No, I think you cheapen it if all you want is a better seat on the bus.

    44. Re:So let me get this straight... by i_should_be_working · · Score: 1

      Oh, and screw the **AA. :-)

      Ha Ha, I just got a huge sign that I've been reading /. too long (or maybe I'm just tired). My first thought when finished reading the post was "great post, but what's with the dissing of **AA?, I mean I don't like those trolls either, but I don't randomly insult the GNAA in my posts".

    45. Re:So let me get this straight... by ch-chuck · · Score: 2

      What we are witnessing, in action right before our eyes, is people rationalizing their actions so much they've come to believe them as facts - akin to people telling themselves that negros aren't really people so slavery is ok. When you are ripping music and movies and telling yourself you're doing the artist / production company a bloody favor (forget about what the artists and owners have to say about it!), they you're pretty far gone and beyond rational discussion.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    46. Re:So let me get this straight... by DarkOx · · Score: 1

      Have you ever stopped to think that the people downloading stuff from places like AllOfMP3.com would never have purchased the material through the traditional distibution anyway? You talked about economics, well guess what in a capitalist society you don't have ANY right to make money at all from anything you sell. If people are not willing to pay the price you ask for something that you bring to market then you can't sell any. That aribitrary sum you mentioned well maybe the vaule of your art is elastic and their is nothing arbitrary about that value at all maybe that is the MARKET VALUE. Now you can argue that at that price their is no incentive for production and that is fine too, but that just means their is NO MARKET for it. Face it Art of this kind is not a need people have just a desire its UTILITY is pretty low compared with other goods they might buy. If you can't produce for less then in todays ecomonomy you might just not have a place. DEAL WITH IT!

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    47. Re:So let me get this straight... by NineNine · · Score: 1

      I love how there's always someone who will bring useless arguments like, "it's against the law", into a discussion about what the law should be.

      You mean like every day's "Microsoft Antitrust" story that is posted here? Yeah, I hate that too.

    48. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      You said:
      "But why is the anti-copyright argument always the one touted here?"

      Because...Slashdot has always been on the side of "gimme for free". Almost every lame excuse I've ever heard to justify the trading of MP3's has come from THIS site.

    49. Re:So let me get this straight... by plasmacutter · · Score: 2, Interesting

      what i'm talking about is a specific aspect of interoperability. Allow me to elaborate.

      The way things have worked for the 80 years preceeding the DMCA was thus:

      first,the recording industries and the elecronics industries get together to create standards. The specs for these standards are documented, and an "official" implementation is provided for you for a nominal license fee, so long as you met the conditions of the license.

      It was not necessary though to get the official license. You see.. these standards can have unofficial implementations which do the same thing a different way.. sort of like the rotary engine is in automobiles. it doesnt use pistons, but it still moves the car. Those who didnt want to be subjected to burdons placed on them by the official license (such as the exclusion of features which the large incumbent companies fear would result in too much competition against them).
      The best example of this in the computer world would be FFmpeg or Xvid, which is an unofficial codec conforming to the DivX/mpeg4 standard.

      Electronics manufacturers and software engineeers have been doing this for ages, and it is a fundamental right, even in the case of patented products, to come up with your own way of accessing specific interfaces (in this case, copy protected media).

      By removing that right, these copyright cartels have removed the only means of firms in the tech sector from avoiding unfair contract obligations imposed by the "official implementation".... and those obligations are now so strict that there is no real product differentiation anymore. any breakthrough features are quashed because without the license you will be prosecuted for selling a "circumvention device".

      I don't consider that part of the monopoly distributor status intended by copyright.. it's more like a monopoly on everyone else's work too =/..

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    50. Re:So let me get this straight... by IamTheRealMike · · Score: 0
      The question should not be weather the 99.999999% of the human population on this planet are not being prosecuted for piracy, it should be why 0.000001% of the population are entitled to hold back innovation with the likes of the DMCA and to pillage the rest of the population with monopoly rents.

      My brother works in the music industry as a composer and tech in the studio. So he's not gonna be in the next Westlife, he'll be writing and recording the songs in the next Westlife. He earns peanuts. Literally, he hardly has enough to live on. We - his family - sub him so he keeps his head above water whilst waiting for times to improve.

      Except they aren't improving. The industry is shrinking: there are no jobs so the only people who can find work are those who already have been doing it for years. They aren't hiring new writers or recording artists because there isn't enough work for them.

      This stupid, ridiculous stereotype some posters here have of the music industry being full of fat cats getting rich off the back of copyright is a fantasy born of a desire to rationalise downloading shit off BitTorrent. Are there are a few unbelievably wealthy fat cats? Yes - and then a million more struggling artists you never hear about. Sometimes they surface in the next big hit or box office sellout and they "make it", often if you read inteviews with them after about 10 years of being waiters and pimping their music to anybody who will take it.

      If you think you are being "pillaged" by the current system then you are deluded and living in some black/white fantasy world where it's the big bad music companies vs The People. Well, it's not. The "big bad music companies" are guys like my brother, mostly getting shat on because an already tiny industry is shrinking and can't afford to take risks anymore.

      And do you understand that whole huge swaths of the tech sector have been brought to a standstill ...

      That's total crap and if you were actually in said industry you'd know it. Is the DMCA a bad law? Yes. Has it caused the loss of "trillions of dollars of economic growth"? No, there just isn't "trillions of dollars" to be made in circumventing DRM.

      To everybody who is bashing copyright here, I want an answer to this simple question:

      • What's your plan?

      Unacceptable answers are ones in which anybody producing non-physical goods like books, music, movies or software has to do it "for the love of it" and not make any money. That would decimate a huge part of our economy overnight and make anything more complex than your average home video or TuxRacer extremely rare. If you want the world to revert to mediaeval levels of entertainment be my guest, but a whole bunch of people such as myself like modern creative works.

      Another unacceptable answer is "I dunno, I just know I should be able to download shit for free". There's no point sticking it to the man unless you have a better idea of what to do. Otherwise you just look like an asshole.

      A final unacceptable answer is to say, there should be copyright but no way to enforce it (like the DMCA). We have police exactly because merely saying "don't do that" isn't enough. So to claim DRM isn't necessary or shouldn't be used, you need some alternative to copyright in which it's not necessary and needn't be used.

      But you know what? I never saw a credible alternative. Just a bunch of people whining that the current system isn't good enough.

    51. Re:So let me get this straight... by DamnStupidElf · · Score: 2, Insightful

      Here's the problem: the new "business model" they talk about is that free music sometimes promotes something else (concerts, merchandise, or something new entirely). Ok, great. What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me? What if I've voluntarily signed on with a record label because I think that it's in my best interests (and no, I haven't been "brainwashed"), and that record label has a trade group that represents it, and what if the laws of my country support the protections of my creations?

      If you don't want anyone to have your music for free, don't play it. Someone could (gasp) overhear it through the walls! The whole point is that a lot of people want to change the laws of many countries to have broader exemptions for fair use. What's wrong with that? You don't want to create? Fine. We probably don't need any more self absorbed artists writing angst songs.

      And for those in the "copyright is bad on works that can be effortlessly copied in the digital realm", consider that "art for art's sake" isn't the end-all be-all argument, either. Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

      Could those millions of people have better jobs? Almost certainly. Being a low paid record or book store clerk isn't exactly glamorous. That's where the majority of people are employed, doing low wage jobs for media cartels. The only ones who profit are the media companies and the few artists who are arbitrarily selected to succeed. I imagine there were millions of buggy drivers and stablehands before the automobile, and I bet they were glad to be done smelling horse shit all day.

      I'm not saying the trade groups aren't out for control, and maybe even aren't greedy baby-eating bastards. But this isn't binary opposition: it's not RIAA-like "thuggery", or no ownership rights at all. Where's the middle ground? And no, I'm not saying copyright should be perpetual and infinite, either. But can we ignore A.A. Milne's shit that's 75 years old for a minute as an arguing point, and talk about what's really at issue, which is brand new, current, and popular music and movies?

      A lot of people wouldn't have a problem with copyright if it was back to 20 years like it was supposed to be. It's basically worthless to have 95 year copyright with digital copies of media, since digital copies are supposed to be perfect forever... There's actually an alternative to copyright that would let everyone be as free as they want to be. Just have the buyers of "popular media" sign an NDA and contract to not redistribute the media they're getting. It could be just like a EULA, except actually signed by both parties. That fixes all the silly little copyright problems all at once: Rabid consumers with more cash than intelligence can get all the pop they can stomach, the media companies can get all the money they want, and everyone else can build the second Library of Alexandria without worrying about stupid interfering laws. There's really no equivalent situation in the entire world; almost all human knowledge is contained in some form on the Internet. It's only a simple step to include the rest of it if copyright laws can be fixed to allow libraries to digitize all their works. In fact, copyright law become absurd if libraries can simply loan out their digital works. Libraries would only need 10 or 20 copies of everything on earth, and everyone in the world could share those copies, especially if the library chops each work into individual pages and loans each of those out...

    52. Re:So let me get this straight... by Anonymous Coward · · Score: 1, Insightful

      Misappropriating and/or "stealing"

      Look, you know full well that "stealing" isn't the right word to use. You even quoted it. You had the word right the first time, "misappropriating". So why did you continue to use the word despite knowing it was incorrect? To wind people up? There's a word for that. It's "trolling". Quit it.

      What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me?

      Then continue to base your business model around a fairytale that bits are scarce, and prop that business model up by suing the people who disagree. The law's on your side, for now.

      The Russian mob taking things

      Copying things.

      under the guise of a very weak argument that they can do it under radio license rules

      What makes it a weak argument? That you don't like it? If it was illegal, Russia wouldn't be passing a new law to make it illegal.

      Has it ever occurred to anyone that the the content owners might need to sell the content for 2 or 5 or 10 times more than AllOfMP3.com does to actually support the industry?

      No. They don't need to. they might want to, but they don't need to. Technology has made huge advances over the past few decades. You can record what used to be considered professional at home for next to nothing these days. Production costs are essentially zero.

      If your answer is "no, they don't need all these ungodly rich Britney Spears types" etc., and should be able to sell it for just the costs of bandwidth, who the hell are YOU to decide that?

      A member of the society that made a deal with content producers to keep stuff out of the public domain temporarily. Copyright law is not an inalienable right, it's a privilege granted by everybody to subsidise new works. Making people millionaires is not copyright's goal. In fact, it's counterproductive to copyright's goal because if you are a millionaire, there's no need for you to work for your next paycheck. If people are making millions, then it's a sign that the copyright balance has swung too far in favour of the content producers.

      Who am I to decide that? One of the people who is letting you have copyright. You don't have any intrinsic right to it, it's the result of a deal we've made. And if copyright holders continue to piss off the people who made the deal with them, then the deal's off.

      But why is the anti-copyright argument always the one touted here?

      As techies, people who read Slashdot are more aware than most that there's no real need for copies to be scarce, it's totally artificial. Furthermore, the high degree of contact with Free Software shows us that copyright isn't as necessary to create new works as the media moguls claim.

      Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

      It makes no sense to make an industry grow simply by artificially increasing the demand for it. It doesn't mean anything of value is produced, it just means that the industry is making work for nothing. How many worthless round bits of plastic are manufactured because of copyright? Take away copyright and let people download freely, and there'll be less demand for round bits of plastic all right. But the plastic brings value to nobody! It's completely worthless! That's not economical, that's subsidisation. We're paying the CD fabs for working hard to produce something we don't need!

      Where's the middle ground?

      Get rid of the idea that copyright is property by abolishing things like the DMCA and banning things like DRM.

      Open up the market by regulating how promotion works. For example, ban radio stations and TV channels from de

    53. Re:So let me get this straight... by pingveno · · Score: 1

      Martin Luther King and the movement he represented didn't just break laws that they disagreed so they could download music and movies without paying the copyright owners. They rebelled against a system of real, blatant oppression. That's breaking laws discriminately. Breaking copyright laws (except fudging the rules when practical) is indiscriminate.

      --
      "it's not about aptitude, it's the way you're viewed" - Galinda
    54. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      if you signed with a record label you would no longer own your copyrights. all music you produce would be 'works for hire' and you, personally, would have absolutely no control over it anymore. go read a standard record label contract sometime and just try not to vomit.

      copyright violations really dont hurt artists, they hurt labels
      its the labels who are stealing from the artists.

      true, piracy is illegal, but i cannot say i find it immoral.

    55. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      "Misappropriating and/or "stealing" things that don't belong to you, or just flat out breaking the law (in some jurisdictions), is okay if in someone else's estimation it's actually "helping" them?"

      It doesn't matter if it's okay or not. The question isn't moral, but economic.

      See, billions are made under the table in the name of crime and, in turn, preventing or avoiding said crime.

      You ever see those shipping containers get offloaded onto trucks at ports? You think it was because it was simply more efficient? Wrong. Prior to shipping containers, ships were unloaded by brute force, manual lines of men handing packages down. Slow, yes. But far worse, often, these packages "disappeared."

      The guy who more or less came up with the shipping container (I believe the company was/is called Sealand) reduced "loss", insurance burdens, and inefficiencies. More was shipped and more things were shipped. In turn, he boosted the need for transportation, mainly trucking. In turn, he boosted the efficiencies of ports, particularly coinciding with the economic booms in this country where imports and exports were important. These indirect benefits in turned boosted many other areas of the economy indirectly, all in all for the drive to provide cheaper and more varied goods for the customer to buy (stores, roadways, etc.).

      That's the nature of crime and society's ecology. (And also why the DMCA is just so damn stupid; it doesn't actually stop or change the nature of the crime, unlike the shipping container example. DRM itself, depending on the implementation, may actually stop crime, but most DRM is presently weak or easily circumvented or doesn't close the digital-analog hole.)

      Set aside your morality for a minute. If you remove the law/unlawful aspect of these discussions, crime is really another transaction albeit based on force and slight of hand, part of the game. Most would agree crime is bad, particularly if the law is fair and good. There is, however question whether the law here is actually truly good or fairly enforced, given IP is largely a flimsy economic construct. If people feel they are getting screwed, disobedience to the law will continue. But that's another aspect itself to the matter entirely.

    56. Re:So let me get this straight... by Moofie · · Score: 1

      So, in other words, breaking laws that you, pingveno, happen to disagree with is "discriminate". But breaking laws that you agree with, that's "indiscriminate".

      I guess that's an internally consistent, but wholly useless, distinction. Thank you for sharing it with me.

      --
      Why yes, I AM a rocket scientist!
    57. Re:So let me get this straight... by plasmacutter · · Score: 1

      This stupid, ridiculous stereotype some posters here have of the music industry being full of fat cats getting rich off the back of copyright is a fantasy born of a desire to rationalise downloading shit off BitTorrent. Are there are a few unbelievably wealthy fat cats? Yes - and then a million more struggling artists you never hear about.

      You know why you have to sub your brother? it's because the "fantasy" fatcats above have manipulated the system to the point where he no longer gets enough revenue to live. These companies make way more than enough to pay him properly but they DONT.. why? because theyre greedy bastards who have manipulated the system. Youre pointing your fingers at the wrong people. Don't start accusing we the people until they can't pay actors like merrill streep $30 million a pop for movies anymore.

      That's total crap and if you were actually in said industry you'd know it. Is the DMCA a bad law? Yes. Has it caused the loss of "trillions of dollars of economic growth"? No, there just isn't "trillions of dollars" to be made in circumventing DRM.

      I am in the industry... specifically I have degrees in both econ and computer science. I am eminently qualified to analyze the damage being done, especially as I am taught through years of education how to think in terms of opportunity cost. As for your assertion about the trillions to be made circumventing DRM.. ANY device which is an "unofficial" method of accessing a DRM'ed format is a circumvention device under the DMCA.
      This means DVD-X-Copy, but it also means mplayer and VLC (which are keeping MAC afloat as a platform by bridging serious compatibility gaps.. allbeit illegally). I have this product called Xbox media center. It's a set top box that plays everything regardless of DRM present and is a circumvention device. It's also buggy as hell.. and if a large corporation were legally able to build you you bet your ass it would have taken over the entire STB market by now.. so yes BILLIONS have been lost by conservative estimate.. dare I try a liberal one for you?

      To everybody who is bashing copyright here, I want an answer to this simple question:What's your plan?

      This is not my problem. Don't like that answer? tough! It's a capitalist society, and in a capitalist society ( a properly working one at least), when technology renders a market untennable it either evolves or dies. People try different things, some work, some dont, and sometimes things go the way of the buggy whip. The threat of industry wide disappearance is no excuse for government/regulatory intervention or the destruction of individual rights.

      A final unacceptable answer is to say, there should be copyright but no way to enforce it (like the DMCA). We have police exactly because merely saying "don't do that" isn't enough. So to claim DRM isn't necessary or shouldn't be used, you need some alternative to copyright in which it's not necessary and needn't be used.

      this is a specious statement. Copyright was VERY robust before the DMCA, and everyone who has 2 brain cells to rub together knows that DRM does not stop piracy, especially on a professional level where if worst comes to worst they can make bit for bit copies without even having to circumvent DRM.
      What DRM is is a hook to hang lawsuits on. I refer you this thread which lays out the specific reasons why DRM is wrong from a free market, consumer rights, and fair use rights standpoint.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    58. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      "Misappropriating and/or 'stealing' things that..."

      Even current law sees a HUGE difference between copyright infringment and theft. They are not equivalent. If I take an idea from you, you still have it.

      "...things that don't belong to you,"

      Like an idea? I don't know anyone who can really own an idea. Common on. It's not ownership. I believe in the need for a copyright (our system is broken, but that's another story) but at least I call it what it is. A limited time government sanctioned limited monopoly on a process or procedure for creating a good. Nothing "belongs to" anyone here. Unless we're going to begin crying like 5 year olds "He stole my idea!!!!"

      "or just flat out breaking the law (in some jurisdictions),"

      The argument in this post is about what law should be. I call Fiat on this argument as it extra-topical.

      "is okay if in someone else's estimation it's actually 'helping' them?"

      Fine, then when you get a terminal desise and I get the cure, and copyright it, patent it and attempt to sell it to you for millions and millions of dollars, do go copying it either.

      "Here's the problem: the new "business model" they talk about is that free music sometimes promotes something else (concerts, merchandise, or something new entirely). Ok, great."

      Sounds like a good way to make money. And a few independant artists are using it.

      "What if it's my music,"

      Can't own music... It's an idea, not thing. Any one who talks about itelectual property is either confused or trying to confuse the issue. It used to be that imitation was the highest form of flatery between composers. A musician (let's use your misleading word) "steals" a phrase of music, and puts it and several variations into whatever ne wpeice he is writting. And, instead of the orignal composer sueing the other into the poor house, he realizes that it is meant as a tribute.

      "and I don't want you to have it for free, regardless of how else it might 'help' me?"

      That's your call, as it should be, until a limited (unfortuantly, Mickey Mouse is pushing that limit longer and longer...) after your death.

      "What if I've voluntarily signed on with a record label"

      Then it's no longer "your music" in any sense of the word... Neither, by the way, is your soul.

      "because I think that it's in my best interests (and no, I haven't been 'brainwashed'),and that record label has a trade group that represents it"

      No, you've just given up control over your copyrights for the promise of sustained wealth... Regardless of it serves the actual purpose for the exsitance of copyrights in the first place or not. Remember, copyright isn't in exsistance for the benfit of the author, but the benfit of society ("promote the sciences and useful arts"), but if you hord your creation and don't allow anyone to make any type of dervative and sue anyone who sounds anything like you... Are you really acting in accordence with the meaning and purpose put forth in the Constitution of this great nation? Did the founders really think that Metalica and RIAA should sue children blind because of a few mp3s? I recall a Jeferson quote on the issue, and I know that he would be rolling over in his grave if he saw the MPAA's and RIAA's legal shananagins.

      "and what if the laws of my country support the protections of my creations?"

      You mean supports the "promot[ion] of the sciences and useful art", right? Well, also remember why the government of that land (and any land) exsists... It's not to serve the large trade groups, special intrest groups and the large companies (I'd argue each of these exsist for the same reason the government does...) What is that reason again? Oh, yeah... Because, "[w]e take these truths to be self evident, that all men are created equal. That they are endowed, by their creator, with certian unaliable rights. Among these are life liberty and the pursuit of happiness. To secure these rights, governments are instituted among men, d

    59. Re:So let me get this straight... by Mprx · · Score: 1

      The world would not "revert to mediaeval levels of entertainment", because there already exists far more entertainment than anyone could possibly experience in a lifetime. Have you seen every good movie? Read every good novel? Watched every interesting TV show and heard all good quality music? Played every good game? There's absolutely no shortage of copywritten entertainment out there, so copyright encourages wasted effort (remakes etc.). Abolition of so called "intellectual property" would greatly improve the lives of the majority of humanity. A few people would temporarily find it harder to make money, but they'll just have to adapt to change like everyone else does.

    60. Re:So let me get this straight... by brouski · · Score: 1

      I'm sorry, I'm still confused...is this not just an extremely long-winded way to try to assert that people have a fundamental right to break copyright protection?

      --
      Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
    61. Re:So let me get this straight... by professionalfurryele · · Score: 1

      "they [Artists] should be free to decide how to distribute their art"

      No, they are free to either not distribute their art, or distribute their art on societies terms. If they don't distribute their art, if they keep it secret then there is nothing anyone can do to them.

      We encourage them to distribute their art and enhance the public domain by granting them copyrights. These are not rights that exist apriori to legislation, they are rights we made up to help enhance our cultural heritage. They are like the rights water companies get to pump water. They don't own the water, they just transport it for us. They are also like the broadcast rights that can be bought. They are not apriori pre-existing rights, they are just rights we made up.

      As such, current legislation represents a poor bargain by society with artists and their representatives. In effect because one has a right to ones cultural heritage one is compelled to disobey the law and stand up for ones rights. The tempory made up rights of the copyright holder do not supercede indefinately the rights of society to access it's cultural heritage.

      One is compelled to disobey in the sense of civil disobedience however, rather than in the sense of sneekily downloading Britney Spears latest tripe and the ignorantly feeling guilty for it.

      Artists have no right to recompense for making something up. My job is to make stuff up. I have to convince someone to pay me to make stuff up every time I want to work. But I don't have a right to any of that money, I have to convince people that it is worth their money for me to make stuff up every time.

      The copyright system needs to be rebalanced in order to meet it's primary objective, which is not reimbursing artists for their time, but enhancing the public domain. If artists cant handle working in a market environment and want monopoly protection then thats just too bad, large scale monopolies on a type of good don't work and that is what we have at the moment.

    62. Re:So let me get this straight... by plasmacutter · · Score: 1

      I'm sorry, I'm still confused...is this not just an extremely long-winded way to try to assert that people have a fundamental right to break copyright protection?

      i'm sorry if youre still confused, but it is a valid reason why breaking copy protection is a fundamental right.

      If you were not allowed to do the equivalent of what is described above in the rest of the market, then at&t would still be allowed to dictate what phone you buy and ford would be allowed to sue companies who made tires to fit their cars. It would definitely not be a capitalist market anymore.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    63. Re:So let me get this straight... by honkycat · · Score: 1

      Heh, I was not previously familiar with the GNAA. They weren't the **AA I had in mind, but feel free to include them in the sentiment.

    64. Re:So let me get this straight... by I'm+Don+Giovanni · · Score: 1

      Wait --
      You have the colossal gall to compare the ability to mooch free digital content without payment to the appropriate party with the Civil Rights Movement? Good God - so many slashdotters are truly deluded.

      I really don't get why so many slashdotters support, defend, condone, and/or excuse piracy. I guess it's because they've bought into giving away the software they create for free, so they expect everyone else to do the same with their creations (and if they don't, then it's all right to just take them (I'm sorry, I mean "make free copies of them" (I guess that helps you sleep at night))).

      --
      -- "I never gave these stories much credence." - HAL 9000
    65. Re:So let me get this straight... by mpe · · Score: 1

      Wheras it may be true that these people don't have a right to revenue, somebody does. This group of people are called artists.

      Actually in a "free market" nobody has such a right.

    66. Re:So let me get this straight... by 10101001+10101001 · · Score: 1

      Misappropriating and/or "stealing" things that don't belong to you, or just flat out breaking the law (in some jurisdictions), is okay if in someone else's estimation it's actually "helping" them?

      It's not a question of if it's okay or not. The media's job isn't to report what's okay. It's to report what's true. If the media consistently neglects to mention the obvious positive aspects of a crime, then they're lying through omission.

      What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me?

      Then it sucks to be you. There's nothing stopping me from buying n copies of music from you and handing over n copies of music, for free, to others. Or is your complaint not that people are getting free music but that you don't feel you're being compensated in a 1:1 ratio of copies?

      What if I've voluntarily signed on with a record label because I think that it's in my best interests (and no, I haven't been "brainwashed"), and that record label has a trade group that represents it, and what if the laws of my country support the protections of my creations?

      Then good luck getting into your contract that radio play isn't allowed. Or, again, are you talking more compensation than the worry that people don't have to pay you (or your record label)?

      I love how in the AllOfMP3.com story here recently, people talked about it as a new "business model" that the record labels and trade groups just hated. Um, huh?

      Are you contending that the record labels and trade group *don't* hate AllOfMP3.com? Or are you trying to point out that it's not a new "business model"? I'd say it's obviously not a new "business model". And I'd say record labels and trade groups hate them anyways.

      The Russian mob taking things that don't belong to them under the guise of a very weak argument that they can do it under radio license rules (which are designed, ironically, to get people to BUY the content, not as the mechanism for people to permanently obtain pristine digital copies) and selling them for 1/10 or 1/20 of what they sell for via legitimate channels is a "business model"?

      Agreed, it's a very weak argument. But that's not that relevant. Why? Because in the long run, businesses are in it for the money. So, if AllOfMP3.com is able to sell 300x the content at 1/20th the price, there's a net gain in profit (assuming that the radio license rules are scaled reasonably to the sale price). That's the main reason people shrug about the legality of it.

      I guess if you don't believe that anyone should be able to "own" content like that, ever, and that the "legitimate" distribution channels are nothing more than a state-sponsored and -backed mob, ok.

      Even if I don't believe that, why should the record label care why they're now making 15x more than they used to when people were all being legal? Some faithful wish to enforce a law that they're not required to enforce?

      Has it ever occurred to anyone that the the content owners might need to sell the content for 2 or 5 or 10 times more than AllOfMP3.com does to actually support the industry?

      Sure. Except that it seems that AllOfMP3.com makes enough to support the industry.

      Chances are, some of their promotion, advertising, distribution, marketing, and production is what made a particular artist - the popular ones people often pirate - desirable in the first place.

      So? Nothing is stopping them from taking the money made through AllOfMP3.com and investing it into promotion, advertising, etc.

      And how is it even an argument that, essentially, you can "steal"/copy something on your own and get it for cheaper, and if it's more expensive than some arbitrary value you've set in your head, it's okay to just take?

      I don't know, how is that even an argument? I don't support it. But since you brought it up, feel free to.

      But why is the anti-copyright argument always the one touted h

      --
      Eurohacker European paranoia, gun rights, and h
    67. Re:So let me get this straight... by Schraegstrichpunkt · · Score: 1
      So, since all you could do was pick one thing I said

      Don't be ridiculous. Every point you made has been refuted dozens of times before, and I happen to know that you have been reading Slashdot long enough to know what those refutations are. In my estimation, you are trolling, and just like members of one class of society ("artists") are not entitled to anything special from anyone else, you are not entitled to yet another refutation of your tired arguments.

    68. Re:So let me get this straight... by Schraegstrichpunkt · · Score: 1
      To everybody who is bashing copyright here, I want an answer to this simple question:
      * What's your plan?

      I have a better question: To everybody who says that the current or proposed abridgement of the freedom of individuals in a free society is acceptable, what is your justification? You'd better have a good answer, and it'd better be scientific, given that you've had the last century or so for experimentation.

    69. Re:So let me get this straight... by Schraegstrichpunkt · · Score: 1
      There's absolutely no shortage of copywritten entertainment out there

      As someone who understands the difference between copyright and copywriting, I couldn't agree more!

    70. Re:So let me get this straight... by Rutulian · · Score: 1

      Yes, that is exactly what he is saying. Distributors have a fundamental right to include copyright protection, and consumers have a fundamental right to break that copyright protection on media they have bought. That doesn't mean they have a right to then break copyright law by giving copies to all their friends, but if, say, copyright law allowed somebody to make additional copies for their own personal use (*cough* fair use *cough cough*), they would first have to break any copyright protection before they could do that. The DMCA makes circumventing copyright protection illegal, which basically allows distributors to define their own copyright law anyway they please (because any unauthorized use or manipulation of the content is illegal).

    71. Re:So let me get this straight... by Moofie · · Score: 1

      I don't happen to think that copyright infringement is a very big deal, one way or the other. However, the content "producers" seem to be willing to go to truly astounding lengths to make it a big deal, so a little backlash is not that hard to understand.

      I'm not comparing piracy to civil rights. I'm rebutting the notion that The Law exists as some sort of Platonic notion of All That Is Right, and the civil rights struggle is an obvious and relevant example supporting my argument.

      So take a deep breath, mmkay?

      --
      Why yes, I AM a rocket scientist!
    72. Re:So let me get this straight... by M0b1u5 · · Score: 1

      Look, the reason your relative might be having trouble is because he may be bloody useless - have you ever considered that? Bad actors have a hard time getting work too - but they don't blame it on movie piracy.

      In answer to your thing about him not getting any jobs, it's primarily due to the fact that the combined forces of the RIAA produce approximately 40% less music than they did 6 years ago. This is NOT due to priacy, but because they want bigger margins. So they produce less music, and pimp the stuff they do produce even harder - to raise the margins.

      "Marginal" music with low profit simply "isn't worth making" according to stupid RIAA and recording studio executives.

      So, I very seriously doubt whether ANYONE in the music industry is GENUINELY affected by copyright violation on a domestic (i.e. individual person) level. They MAY be affected by professional pirates who sell tens of thousands of ripped CDs in 3rd world countries - but here again, I would argue that the people who bought those bootleg albums would not have bought ANY music if it were not pirated. At least they're getting listened to.

      Anyway - that's not my point - my point is that by turning 40% of Americans into felons, you have a very serious impact on the entire country. Given that I could steal a CD from a stroe and get slapped on the wrist for it - sharing music online is stupidly unbalanced: $250,000 per song? PUH_LEASE - that's insanely stupid.

      So, here's the thing: Music has ALWAYS been free. Free to listen to. Free to share. Free to create. Free to record. FREE. Get it? Like FREE as in BEER.

      The fact the general population does not have any respect for copyright law is that copyright law is only acceptable to the population PROVIDED IT DOES NOT APPLY TO THEM. It boggles my mind that successive American generations have allowed congress to behave so flagrantly against the wishes of the voters. Stunning. But not surprising. Hell, you voted for Dubya twice. (And even that is doubtful).

      So, Little Johnny who shares music, and downloads music from the 'net doesn;t think he is a criminal, and nor do the majority of Americans. But the LAW thinks Lil' Johnny is a criminal, and a bad one. So, this brings about a situation where almost ANYONE in the country can be found guilty of a felony. This permits huge police powers over these "guilty" people.

      And because the public generally reject these laws out of hand, you systematically destroy respect for the law, and the rule of law. Pretty soon, those same peopel start to think that other laws (which do make some sense!) don;t apply to them either - and pretty quickly you have a simply amazing amount of genuine (harmful and dangerous) felonies being committed because the rule of law has broken down.

      Lawrence Lessig says something similar in his FREE online PDF called FREE CULTURE. Well worth a read. Download it today!

      So, by making stupid laws about copyright infringement (Government OF the lawyers, BY the lawyers and FOR the lawyers - fuck the people, it's lawyers who count!) you create, quite quickly, a culture where very few laws are observed, and everyone is a criminal.

      Good luck with that by the way. Here in New Zealand we take a more pragmatic view of things, and don't pass stupid laws about things like this.

      --
      How many escape pods are there? "NONE,SIR!" You counted them? "TWICE, SIR!"
    73. Re:So let me get this straight... by cpt+kangarooski · · Score: 1

      Unacceptable answers are ones in which anybody producing non-physical goods like books, music, movies or software has to do it "for the love of it" and not make any money.

      Why is that unacceptable? It may very well be that the best copyright system -- which is to say the system that best serves the public interest -- isn't all that beneficial for authors. Frankly, I'm not interested in subsidizing authors, and copyright is a subsidy. Rather, I'm interested in benefiting from having them create original and derivative works and in being as free as possible to enjoy those works (where free is used in both the beer and freedom senses). So, to the extent that it benefits me more than it costs me to do so, I'll gladly support copyright to subsidize artists. But no more than that.

      This may mean that copyright is reduced such that hundred million dollar movies or whatever are not feasible to make. This is a factor to consider, but if I'm still better off with less copyright and no expensive movies than I would be with more copyright and expensive movies, then why would I act against my own interests and support the latter alternative?

      I mean, we don't have anyone making trillion dollar movies. This is because they are not feasible. If we drastically expanded copyright law (e.g. it lasts forever, it covers anything vaguely similar, it pulls material out of the public domain, you get charged whenever you even talk about it, etc.) then maybe they could be. But I think that would be a bad idea. Do you disagree?

      A final unacceptable answer is to say, there should be copyright but no way to enforce it (like the DMCA).

      The courts are the appropriate way to enforce it. Self help methods such as DRM are not in the public interest. We can't ban them without violating the First Amendment, but we can certainly discourage the practice by giving it no real legal protection (such as the DMCA) and in fact having the government support efforts to attack DRM, making DRM'ed works public domain works automatically, etc.

      But you know what? I never saw a credible alternative. Just a bunch of people whining that the current system isn't good enough.

      So? Identifying problems is not the same thing as fixing problems. If I feel bad, have a fever, etc. then I might accurately discover that I'm sick. But I'm not a doctor, and for anything serious, I would not know how to cure myself. Instead, I would go to a doctor, and have him help me.

      If a lot of people are bitching about copyright, this is a strong indication that it is broken. Historically almost no one has cared about copyright or even noticed it. The change basically happened in the late 20th century, at about the time that the law was being reformed more often than usual, and expanding in unprecedented and dramatic ways. Frankly, as a copyright lawyer who is interested in reforming the system, I think that a significant metric for success would be how much copyright law gets ignored after being reformed. Of course, hopefully it isn't ignored too much, since complacancy is what got us into this mess. But I'd like to see it become dull and inoffensive again, and this means changing the law to adhere to what people find unworthy of notice, rather than trying to change people.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    74. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      This is a problem of taste, not supply. I mean, using only albums worth listening to all the way through, from 1983+, off the top of my head at this moment, that kick ass:
      The Final Cut*, The Division Bell, Rage for Order*, Operation: Mindcrime*, Promised Land*, Blood Sugar Sex Magik*, Badmotorfinger, Dirt, The Downward Spiral*, The Real Thing, Angel Dust, Lateralus*.

      Listening almost entirely to whole albums, I could come up with many more--most of what I listen to.

      * several songs do not have silence to break them, nearly necessitating whole-album listening.

    75. Re:So let me get this straight... by cpt+kangarooski · · Score: 1

      That's a good post. Let me remind you, however -- not in a contradictory way -- that while the absolute difficulty and expense of publishing has gone down, the difference in difficulty and expense between authorized and unauthorized publishers (i.e. authors and pirates) has generally been nil, or has favored the authorized side. There is, after all, no technology that pirates can use that authors cannot. And often economies of scale, and the ability to act more openly, favor the authors. A burned CD is more costly to make than a pressed one, and if it weren't, RIAA members would just buy burners. Anyway, just something to bear in mind.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    76. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      You really cheapen the concept of civil disobedience if you start using it to obtain crappy music for free.

      You trivialize the chilling effects of censorship via copyright.

    77. Re:So let me get this straight... by wavedeform · · Score: 1
      I am going to skip the usual wordy and subtle version of the "you have no clue" diatribe and skip right to my point. Copy right originated as the RIGHT TO COPY protecting printing presses from trying to put a stranglehold on production and allowing education to not be impeded by finance. It was the right for the people who purchased something to copy it for their own use.


      Well I guess I'll have to skip the "you have no clue" diatribe, too, then.

      Copyright was never about the individual's right to copy, but always about the Author's right to monopolize for a time period. See here and here


      Some of the recent problems with copyright are that the monopoly period of time has gotten longer, and it is no longer as tied to an author as it once was, but rather, to a corporation. This means that things are taking much longer to enter the public domain and our culture has gotten poorer because of it. Disney, for example, has made millions from characters and stories in the public domain, yet it is fighting tooth and nail to stop any of its works slip into the public domain.

    78. Re:So let me get this straight... by KwKSilver · · Score: 1

      Well and simply expressed.

      --
      If you want your life to be different, live it differently.
    79. Re:So let me get this straight... by honkycat · · Score: 1

      Interesting point. Like so many, though, it's not clear what the overall implications are.

      That is definitely true for the duplication costs, but the total cost for the authorized publishers is higher since they have to pay for the initial production. This is part of the main argument in favor of copyrights -- helping those who produce material recoup their production costs.

    80. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me?

      If I've got a copy, that's my copy, and I can do what I like with it. As soon as someone else hears it, it's not 'your' music anymore.

    81. Re:So let me get this straight... by patio11 · · Score: 1

      You have no constitutional right to having content, any more than you have a constitutional right to owning a printing press. You just have a constitutional right not to get the printing press which you do own taken by the government for what you say. I sympathize with "copyright terms are too long and the ones Congress has authorized arguably exceed the authority which the Constitution grants it". I have no sympathy for "copyright sucks ergo I should be able to listen to this year's new hotness for free".

      Similarly, while the Constitution allows (doesn't require, incidentally, allows) Congress to promotethe progress of science and the useful arts it says absolutely nothing about promoting free downloads: "The Congress shall have power ...To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;" If you want free downloads, create something worth downloading.

    82. Re:So let me get this straight... by Ferzelic · · Score: 1
      Similarly, while the Constitution allows (doesn't require, incidentally, allows) Congress to promotethe progress of science and the useful arts it says absolutely nothing about promoting free downloads: "The Congress shall have power ...To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;" If you want free downloads, create something worth downloading.

      I think you're reading that backwards.
      "The Congress shall have power ... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

      ie. Congress has the power to enforce copyright ("secure ... the exclusive right"), for the purpose of promoting art. As you say, this allows for (but doesn't require) copyright to exist -- if Congress chose not to exercise this power, those free downloads would be perfectly legitimate.

    83. Re:So let me get this straight... by mochan_s · · Score: 1
      Here's the problem: the new "business model" they talk about is that free music sometimes promotes something else (concerts, merchandise, or something new entirely). Ok, great. What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me? What if I've voluntarily signed on with a record label because I think that it's in my best interests (and no, I haven't been "brainwashed"), and that record label has a trade group that represents it, and what if the laws of my country support the protections of my creations?

      I think this is tantamount to the situation where suppose you buy a house by the road where motorists continually break the posted speed limit. That makes it not safe for your children and pets and that people are breaking the law.

      In some sense, laws are compromises and copyright was devised as a compromise.

      And for those in the "copyright is bad on works that can be effortlessly copied in the digital realm", consider that "art for art's sake" isn't the end-all be-all argument, either. Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

      I don't think economics guareentees that if you made money last week or last year, you will make money this week and this year. As an example, what if apple blight destroys all the apples in the world? What about all the people who depend on apples as their livelihood?

    84. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      Or if you start using it to avoid paying taxes on tea.

    85. Re:So let me get this straight... by Mprx · · Score: 1

      "copyrighted"

    86. Re:So let me get this straight... by krell · · Score: 1

      "How should copyright owners be able to assert that right of distribution"

      Maybe if they did a good job of distributing in the first place! Selling useless crippled DRM-wrecked files does not cut it, nor does refusing to sell the material in the first place (as is the case with "out of print" music offered for free on p2p, but you cannot buy it "legitimately" except from a used record store that does NOT send a cut to the artist).

      --
      Where were you when the voynix came?
    87. Re:So let me get this straight... by EL_mal0 · · Score: 1

      Good point. I didn't quite think that sentence through.

      You're right that nobody has the right to revenue, but I will maintain that artists do have a right to try to collect revenue for their work. My point was that consumers don't have the right to distribute copyrighted works as they see fit; that is the right of whoever makes the "content" (or whoever holds the copyright).

    88. Re:So let me get this straight... by EL_mal0 · · Score: 1
      These are not rights that exist apriori to legislation. . .

      I disagree. I believe everybody has a right to seek profit for their work. Whether that involves making stuff up or putting stuff together, you have a right to recieve compensation for work that has value to others. If you write a song that millions of people download, it has some value to somebody, and those people who value your work should provide compensation to you for it.

      And using your example of the water company, they do have a right to seek compensation for providing the infrastructure and delivering the water that people need. Their right to seek compensation for providing services that people value does exist apriori of legislation. If you dig your own well with your own two hands, your right to compensation still holds, apart from legislation. You get to not die of thirst.

      The tempory made up rights of the copyright holder do not supercede indefinately the rights of society to access it's cultural heritage.

      True, but this is hardly a justification for breaking the law. Copyright doesn't indefinitely eliminate your right to distribute others' works as you see fit. Granted, the way it stands now, copyrights are valid for far, far too long, but copyrights do eventually expire

      The copyright system needs to be rebalanced in order to meet it's primary objective, which is not reimbursing artists for their time, but enhancing the public domain.

      I call BS. Copyrights do NOT exist to enhance public domain; they exist for the same reason the (now broken) patent system was created: to give inventors/"content" producers a time to profit before their work passes into the public domain. Sure, in a way copyright enhances public domain by encouraging artists, etc. to publish (and try to profit from) their work, but it exists to benefit the artists. (and their great-great-great grandkids, the way things stand now)

    89. Re:So let me get this straight... by psymastr · · Score: 1
      No. They don't need to. they might want to, but they don't need to. Technology has made huge advances over the past few decades. You can record what used to be considered professional at home for next to nothing these days. Production costs are essentially zero.

      You're ignorant. Production costs are nowhere near zero. Good music producers get paid really big money to do a production. You know why? Because they know what the music needs to make it big.

      Secondly, when a record comes out it needs money for marketing (ads etc.) and money for making videos. I don't know if you noticed, but the average hit video today costs in the millions of USD.

      That's what it takes to make a hit album these days. Now, don't start telling me that you don't care about the videos and you don't care about shitty production with 99% dynamic range compression that tries to hammer the song in your brain but that's the way our youth likes it and that's how it gets it. And it costs.

      --
      Improve at backgammon rapidly through addictive quickfire position quizzes: www.bgtrain.com
    90. Re:So let me get this straight... by mpe · · Score: 1

      You're right that nobody has the right to revenue, but I will maintain that artists do have a right to try to collect revenue for their work.

      If the idea is to encourage creation/publication giving the creator "first bite at the cherry" may be a good idea. But it's also necessary to pick an optimum length of copyright for this. Whilst "too short" can have the problem of works becoming public domain before something can be "brought to market". Having them "too long" can lead to lots of dead horses being flogged.

    91. Re:So let me get this straight... by professionalfurryele · · Score: 1

      By your standards then, every scientist should recieve compensation for their work. Your system will make a very small number of scientists very rich since basic priciples become 'property' just like any other sequence of 1's and 0's.

      I'm interested where this inherent right to compensation comes from, and where it stops. No contract has been agreed between a ligitimate representative of the people and the artist agreeing the terms of their creation contract. If an artist was not comissioned to produce their work why should they have inherent right to compensation for it's distribution? If they do not want it distributed they can keep it secret. No inherent right of their is broken in my opinion. Copyright does however violate the inherent right to obtain access to cultural heritage, we accept that violating this right is okay, if only for a good reason. False economics is not a good reason to violate this right.

      Why do you single out one group of tradesmen for special treatment, this hardly seems reasonable to me. I can create lots of jobs which would not exist without a law to keep them there, and make up inherent rights of compensation. However these jobs would be economically ridiculous.

      I much prefer the justification of enhancing the public domain, otherwise you could just as easily argue that society should pay me a dollar a day for reading slashdot, as a slashdot reader I acumulate the opinions of geeks, this forms a real end product which people value because they read my comments and download them from the web.

      I accept you may have the making of a coherent point, but your ideas of pre-existing 'ownership' rights of ideas run counter to the established reasons for copyright and patents. If I am to understand I will need more information on where you believe these rights come from, and how they are different from the other 'rights' I list above.

    92. Re:So let me get this straight... by EL_mal0 · · Score: 1
      I'm interested where this inherent right to compensation comes from, and where it stops.

      And where does your inherent right to copy my creative works come from? These kinds of questions are very interesting to me; I've also thought about it in relation to other "inherent" rights. I think that same question can lead to some interesting lines of thought about other rights we generally feel are inherent: life, liberty, property, etc. I believe in God, so I think these fundamental rights come from above ("endowed by their creator. . ."). If you remove all laws and customs, though, I really don't know the answer to which rights are inherent and independent of anything else. I think that life, liberty, property, and the pursuit of happiness should be inherent rights, but I think that we accept them as inherent as a consequence of the society in which we live (based on Judeo-Christian morals here in the US, like it or lump it).

      Another poster pointed out to me that, indeed, nobody has the right to compensation for their creative work. However, I maintain that creative types (including scientists, programers, etc.) have the right to seek compensation for their work. Copyright was established to encourage content creators to publish their works (copyright 101), because without the possibility of compensation, most content creators would keep their work secret or pursue other careers that are of little benefit to our cultural heritage.

      Seeking compensation for your work is (or should be) a fundamental right because without this, people will not work. This holds true for trench diggers as well as creative types. One of the purposes of government is to protect the right to seek (not necessarily to obtain) compensation for whatever work you choose to pursue. I disagree with a lot of the finer points of Ayn Rand's writings, but she was on to something with her thoughts on human motivation: i.e., people do what they do because they receive compensation for their work (with money, pride, warm fuzzies, whatever).

      I hope I haven't muddled things too badly.

      Why do you single out one group of tradesmen for special treatment, this hardly seems reasonable to me. I can create lots of jobs which would not exist without a law to keep them there, and make up inherent rights of compensation. However these jobs would be economically ridiculous.

      You have a good point here. what you're implying is that we have laws now that are economically ridiculous. You're right. Copyright for the life of author + 70 years is way too long.

    93. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      when a record comes out it needs money for marketing (ads etc.) and money for making videos.

      They are marketing costs, not production costs. The only reason the larger record companies spend so much money on marketing is because it lets them lock out the smaller competition.

      Now, don't start telling me that you don't care about the videos and you don't care about shitty production with 99% dynamic range compression that tries to hammer the song in your brain but that's the way our youth likes it and that's how it gets it.

      Again, the only reason the range is screwed up is because every other record company does it, not because it's necessary.

      My original point stands: the cost to make an album is essentially zero.

  6. piracy works! by jest3r · · Score: 0, Flamebait

    Piracy helps Microsoft maintain their monopoly ...

    1. Re:piracy works! by MarkByers · · Score: 1

      Funny post.

      But slightly more seriously, if piracy somehow was stopped, would people switch to other operating systems, or would they go out and pay for a copy of Windows?

      What would happen to the price of Windows as a result?

      --
      I'll probably be modded down for this...
    2. Re:piracy works! by G+Morgan · · Score: 1

      In most countries around the world sellers will only distribute Windows so yes a monopoly. Something that isn't a monopoly is when theres a choice at the point of purchase.

    3. Re:piracy works! by MarkByers · · Score: 1

      There is a choice, it's just that the choices do not do most of the things that a consumer expects (play Windows games, work with any piece of hardware, correctly display Microsoft documents, etc.)

      Dell sell Linux PCs and you can purchase and use Linux on the desktop if you want. Microsoft still has a monopoly though because most people are forced to use Windows for one reason or another (For example they may already own $1000s of software and hardware that only works with Windows and not want to lose their investment).

      --
      I'll probably be modded down for this...
    4. Re:piracy works! by advocate_one · · Score: 1

      I do not think that word means what you think it means... Monopoly... you do not have to have 100% of a market to be in a monopoly position... and anyway, even though Mac OSX and Linux exist and can be purchased in shops, it is the abuse of the monopoly position that matters, the illegal tieing of products to other products, the abuse where they illegally commingled windows media player and Internet explorer into the operating system so that they cannot be removed, their "market development funds" which they use as kickbacks to those OEMs who toe the line and hide their alternative offerings from the general public... the abuse of their massive advertising budget where magazines avoid printing unfavourable articles or reviews for fear of losing Microsoft advertising...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    5. Re:piracy works! by G+Morgan · · Score: 1

      I've never seen Dell sell Linux Desktops in Europe* but then again I haven't had a PC readily assembled since I was 9. Laptops are more of an issue to be honest, you can get inferior quality custom builds but its usually cheaper/better to pay the MS tax. The only real option for Linux Laptops is Emperor and while they do imports they are not exactly cheap.

      When I can get a machine without Windows and have it cheaper for the privilege I will be happy. At the moment most companies charge you more for a free OS than for a holey and expensive one.

      *it may be a price issue, as I allude to generally you pay more for getting a free OS. Generally I get a list of hardware and decide what its worth at the most, if it comes to more than that its just there for a laugh and generally I ignore everything above a certain threshold. Currently all Apple hardware is there for a laugh but thats another thing.

  7. Your paraphrasing changes the subject entirely. by krell · · Score: 1, Interesting

    "Misappropriating and/or "stealing" things that don't belong to you..."

    No. Duplication of files does not meet the definition of appriation or theft of files. If you want to get it straight, you shouldn't change the subject to something entirely different in your summarization.

    --
    Where were you when the voynix came?
  8. You talking about Slashdot? by MarkByers · · Score: 1

    But why is the anti-copyright argument always the one touted here?

    Huh? Are you reading a different Slashdot to me? Every time I mention that I might consider download Futurama episodes people get mad at me!

    You must be thinking of Digg.

    By the way most of the statements you made are false but I won't bother to explain why because it has been done many times before. Read the archives.

    --
    I'll probably be modded down for this...
  9. That is a different coin entirely. by krell · · Score: 2, Informative

    This news item does not involve theft. I suggest doing some research into the FBI "UCR" crime reporting files, and other sources of data which distinguish the many different kinds of crimes out there. You will quickly learn that there are many other types of crimes (or possible crimes) out there which are not theft. Copyright infringement isn't t he only one.

    --
    Where were you when the voynix came?
  10. Fansubs - beneficial piracy by oahazmatt · · Score: 5, Interesting

    As an anime fan, I download fansubs. Now, for the most part, this is piracy. These are television shows that have been recorded or ripped from DVDs, give subtitles, and been made available for free trade online through P2P networks.

    However, it proves beneficial. Take for instance, Funimation. At conventions, the Funimation booth runs contests, and on the entry form you may list anime that you would like Funimation to consider licensing. They know these shows are being downloaded, and instead of condeming the person downloading like some other organizations, they ask if they should bring it stateside so that it may be introduced to a wider audience through American television.

    I would prefer to see many organizations take this approach. I would love for record labels to ask "what unsigned artists are you listening to that you think we should consider signing".

    Piracy can actually be used to a company's advantage at times, and too many seem pre-occupied with the short term loss of a $20 Ashlee Simpson CD to notice.

    --
    Those who believe the Internet is private,
    find their privates are on the Internet.
    1. Re:Fansubs - beneficial piracy by Anonymous Coward · · Score: 1, Insightful

      I burglarize houses. Hey, it keeps the cops employed. And the door repairmen. And the insurance adjuster. The list goes on...

    2. Re:Fansubs - beneficial piracy by oahazmatt · · Score: 1
      I burglarize houses. Hey, it keeps the cops employed. And the door repairmen. And the insurance adjuster. The list goes on...
      And the owner has the ability to shoot you in the chest with a shotgun. The difference being that the Japanese companies choose not to shut down every bittorrent site linking to their products, realizing they will get paid for popular releases stateside.
      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    3. Re:Fansubs - beneficial piracy by Amouth · · Score: 1

      Fansubs are the one thing that i belive make the best point.

      many people download them and share them .. but that is for the simple fact that it is the ONLY way to watch them.. once they bring them stateside 99% of the fansub sites drop the files and most of the people (atleast the ones i know) go and buy the DVD's because they want to support it and want the nice disks and art and good quality..

      And i am glad to see (from what i have seen) that most anime producers realize this and don't go after fansub sharing people because they know that it is to their benifit..

      now when it comes to music.. the only online thing i have come to like is http://www.magnatune.com/...

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    4. Re:Fansubs - beneficial piracy by Anonymous Coward · · Score: 0

      actually, you are only commiting piracy if the anime is lisenced in the US
      even the DVD rips (if not lisenced by a US company). Admittedly, there are some cases (okay a lot) where even lisenced anime is subbed but many fansubbing websites (lunar anime, animesuki) drop lisenced anime.

    5. Re:Fansubs - beneficial piracy by Hannah+E.+Davis · · Score: 1

      There was an article on CNN not all that long ago about this issue. I found it particularly interesting because it contains quotes from people in the US anime/manga industry who claim that the activities of fansubbers actually make their lives easier.

    6. Re:Fansubs - beneficial piracy by BobSutan · · Score: 1

      In an ideal world what you propose would work. However, in the US things don't work this way. The recording industry for example is in it for the biggest bang for their buck and don't really care about their consumers wants or needs so long as they are forking over the cash. That's why to them piracy is so bad, despite the benefits from a non-monetary standpoint. This is why so many bands become one-hit wonders. Its more economical for the studios to pump and dump a band then to sign it for a long-term contract. The more popular a band gets, the more negotiating clout they have, which in turn drives up their wages and decreases the net revenue a band MAY create.

      I should also note that the threat to the distribution model the major labels have developed over the last 20 years is a critical aspect of why they DON'T want alternative channels for you to get the art you so desire.

      To bottom-line this for you: they only care about the money they can make. Period.

      --
      "On a scale from 1 to 10, people are stupid"
    7. Re:Fansubs - beneficial piracy by Astarica · · Score: 1

      As far as I'm aware there are very few Anime anything that openly supports fansubs. If fansubs is clearly a good idea some Anime makers would've figured this out by now and say they support it. So, at best no one is really sure if fansubs help or not. Since no one knows better, I don't know why it gives the consumer the right to say this is definitely the right way. By the way, fansubs have very high graphical quality now so better quality isn't a good argument to buying the real thing. The difference between Anime and other mainstream stuff is that Anime is still obscure enough that it is hard to tell when you get a lost sales. If you pirate a mainstream blockbuster whatever, the owner can be pretty sure that since this is popular you probably would've bought it even if you claim you would not, and count that as a lost sale due to piracy. On the other hand it is much harder to say this for Anime, especially obscure Anime. This doesn't mean it's right, of course, but the copyright owner is less likely to go after you when it's not clear they're losing money (or any amount that is meaningful to pursue).

    8. Re:Fansubs - beneficial piracy by Lord_Dweomer · · Score: 2, Informative
      I wholeheartedly agree. As an ex head of distribution for a major anime fansubbing group the one thing I've learned is...treat the fans with respect and not only will they respect you back, they will spend money to show their appreciation.

      While I cannot even begin to predict what might happen if the music/movie industry treated their customers with the same respect as anime companies, I can say that at this point it honestly couldn't hurt them to try. What's the worst that could happen, customers don't hate them as much?

      Not only that but the the fansubbing world provides as parent explained, an INCREDIBLY useful marketing research tool to the content companies.

      Do you have any idea how much risk has been diminished with U.S. based anime releases because of the data they've gathered from torrent trackers serving anime?

      Its funny...I tend to watch trends on Mininova and PirateBay, and if a new series is good, the first episode will start with a few hundred seeds, and the next one will jump to about 1k or so when its freshly released. If it gets to double digit seeders/leechers, that is a series I would be willing to invest money in to bring to the states because that is how confident I am that it would do well.

      --
      Buy Steampunk Clothing Online!
    9. Re:Fansubs - beneficial piracy by Amouth · · Score: 1

      the main reason i was saying that they kinda support it is because i have never seen them go after them before it is released on DVD - afterwards yea.. they go after people.. but then true fans (from what in know) will go and buy it when it is avaliable..

      once there is a good high quality internet distrubution site for things like that that they don't have to have control to the point that i can't even see it on the computer i want to - then i think alot of fansubs will go away because people will be able to go out and get it and have it.. (and no iTunes video quality sucks ass)

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    10. Re:Fansubs - beneficial piracy by LordLucless · · Score: 1

      No, you are still committing piracy even if they aren't licensed in the US. The only difference is the company who the offense is made against is in another country, and because it's not offering a product to US markets (their DVDs are region locked to Japan), it doesn't particularly care. Note that (AFAIK) individual copyright violation is still a civil offence, so unless the copyright holder intitiates proceedings, nothing's going to happen. A Japanese company isn't going to try and sue a foreign citizen in a market they're not even targetting. You're still technically liable, just your chances of being held accountable are astronomically low.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    11. Re:Fansubs - beneficial piracy by Blakey+Rat · · Score: 1

      There's a community of Mystery Science Theater 3000 fans that operate the same way.

      It's impractical for Rhino to release 11 seasons worth of MST3K episodes all at the same time, but they're doing their best to release collections as the movie rights become available. In the meantime, there's a community out there (and no I won't link to it) who will provide .avis of the unreleased episodes to all comers, even though it's illegal. When Rhine releases an official DVD of that particular episode, the download site erases it.

      That said, the creators of MST3K have said multiple times that copying doesn't really bother them... I believe the message "keep trading the tapes" or something similar appeared in the credits of a ton of episodes... the real problem is that the rights for the movies they make fun of were (generally) bought for only a limited period of time, making DVD releases and re-runs of the show legally troublesome.

    12. Re:Fansubs - beneficial piracy by atomicstrawberry · · Score: 1

      once they bring them stateside 99% of the fansub sites drop the files and most of the people (atleast the ones i know) go and buy the DVD's because they want to support it and want the nice disks and art and good quality..

      With more and more Japanese broadcasters now broadcasting anime in 720p HD, this is going to change, at least in terms of quality. As a recent example, I picked up Geneon's release of Kamichu, having seen fansubs of the first few episodes a while back. The fansubs had 720p video (apparently upscaled, at that point nothing was being broadcast in real HD) and I have to say that, while Geneon's DVD release looks very good, the fansubs actually look better.

      Of course this is really just a technology limitation. The whole HD-DVD / Blu-Ray battle doesn't help matters at all.

      The perception of fansubs amongst the big US distributors is changing, as well. As much as the fans like to say that fansubs are beneficial, the truth is that this is increasingly not the case. In the early days, before digital subbing was as common as it is now, fansubs really did help these companies. Then there was the huge boom in it earlier this decade, which appeared to peak around 2003/2004. At that point, US companies were going around licencing almost everything they could get their hands on. This is just not happening as much any more - there's a good portion of stuff produced that is quite popular as fansubs, but hasn't ever been picked up. Additionally, as digital subbing has grown, more and more groups are refusing to stop distribution when a series gets licensed. Usually they'll cite the fact that this is the internet, and most if not all of the group aren't in the US, so why should they stop? It's a straw man argument, but it's used quite often. Those groups that do stop distribution often find that certain people will re-post their work elsewhere, anyway. The ease with which you can get hold of fansubs from licensed series really does matter, now.

      Piracy like this is inevitable. The other half of the equation is that often the 'official' releases aren't much better quality than the fansubs. It's not uncommon for certain companies to do extremely stupid or annoying things with their translations, such as substituting Japanese-centric jokes with 'Americanised' versions, translating some honorifics but not others, not bothering anywhere to actually provide translation notes on cultural references, and the list goes on. For some stuff it really doesn't matter - I don't really need to know the deep cultural meaning behind some line while watching my giant robots beating each other up - but given the increasing diversity of anime actually getting a US release, this often really does matter. Several of the older companies in the industry are now struggling to stay afloat, and fansubs are a good part of that. It's a bit of a vicious cycle - they need good licenses to get enough sales, they need sales to get money, and they need money to get good licenses. A lot of them are now actually funding production of new series in Japan in order that they make sure they have the licenses for quality series.

      On the flip-side, they really should stop licensing so much crap. ADV for example used to be one of the nastiest companies out there to fansubbers. The instant they obtained a license, they would hunt down anyone and everyone distributing and send C&Ds. Amusingly, most of the stuff they picked up was dogshit - no one in their right mind would pay for that stuff if they could get it for free. The last year or so they've been pretty much silent, because they haven't been able to afford any licenses. Fansubbing is a factor, but not the only one.

      Really, in the end, fansubs can form a decent measuring stick for potential licenses, but for the most part they're only beneficial to the fans, and to the Japanese companies who produce the stuff and are practically losing nothing by having people outside Japan increase interest in their work.

    13. Re:Fansubs - beneficial piracy by some+guy+on+slashdot · · Score: 1

      I criminalize harmless activities. Hell, it keeps the trolls in business. And Fox News. And the music companies. The list goes on...

    14. Re:Fansubs - beneficial piracy by Astarica · · Score: 1

      Fansubs is only better because it caters to the 'otaku' side of the fans. You simply can't translate a Japanese wordplay on the fact that many of the words in the culture sound alike and meaning is contextual because very few English words exhibit the same property. Likewise honorifics have no meaning when you're dealing with a world that's supposed to be mostly composed of people around high school age and younger. To the American it simply makes no sense why such characters would be using any kind of title at all. In American English, a simple name or Mr./Mrs. suffices for 99% of the situation you'd need to use an honorific in Anime. There's no doubt most localization efforts aren't great, to be sure, but I don't see why fansubs gets points for translating things that simply do not have meaning when translated.

  11. Addition... by MarkByers · · Score: 1

    But slightly more seriously, if piracy somehow was stopped, would people switch to other operating systems, or would they go out and pay for a copy of Windows?

    What would happen to the price of Windows as a result?


    I forgot to mention: In your answer you might want to consider richer countries (America/Europe/etc..) and poorer/3rd world countries separately.

    --
    I'll probably be modded down for this...
  12. Is anyone losing money in this? by krell · · Score: 1

    I am guessing that these anime, if they are for sale at all, are released with DVD region codes for a region other than your own. A sure indication that they don't want money from selling them to you anyway. If they did, they would have sold copies region-free or copies specifically for your region as well. They just can't whine about "lost profits" when they clearly don't want your money anyway.

    Correct me if I am wrong (and the anime companies DO sell DVD's for your region)

    --
    Where were you when the voynix came?
    1. Re:Is anyone losing money in this? by oahazmatt · · Score: 1

      More often that not, at least as far as I've seen, regardless of region, most anime exclusive to Japan on DVD do not contain english subtitles, thus making region codes a non-issue. As any sites where I find "import" anime is most often bootlegs and not actually an import at all, I use that to reach the conclusion about the subtitles. I am not an expert on the region coding.

      The companies make their money when a pirated anime (such as Naruto) gets licensed and not only shows up on Cartoon Network, but at Best Buy as edited volumes and un-cut box sets, and at Spencers as t-shirts, etc...

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
  13. American example by NetDanzr · · Score: 4, Interesting
    "Nor does the AP bother to mention how software piracy helped boost certain aspects of the industry in China by decreasing the cost of inputs."

    And nor does AP bother to state that the US itself explicitly encouraged the pirating of foreign works in its 1790 Copyright Act:

    [N]othing in this act shall be construed to extend to prohibit the importation or vending, reprinting or publishing within the United States, of any map, chart, book, or books, written, printed, or published by any person not a citizen of the United States, in foreign parts or places without the jurisdiction of the United States.

    Only in 1891 the US started protecting foreign works under the Chase Act. It serves to remember that the US justified pirating foreign works as being economically beneficial for the country. Even the Chase Act wasn't too friendly to foreign authors: it did protect their rights, but the Manufacturing Clause prevented their publishers from publishing their works in the US. This clause was removed only in 1986. It took the US 101 years to join the Berne Convention.

    1. Re:American example by Anonymous Coward · · Score: 0
      Right on. Here's a juicy example. Movie industry, take heed and be suitably humbled.

      Stop-motion animation came to this country because of piracy. In fact, the thief was no less than Thomas Edison. He stole Le Voyage dans la Lune from Georges Méliès, by having some of his agents bribe a projectionist for the reels. Edison violated copyright, too, by making hundreds of copies of the movie, which he then showed all over the country. The movie was a smashing success for Edison and the budding American movie industry. For a modern telling of the story, you can go watch episode 12 of the most excellent From the Earth to the Moon.

      Méliès was planning to show the movie in America for profit, and he got nothing for it. The loss bankrupted him, and he was forced to sell toys to make a living. Méliès was one of the first movie makers to use: multiple exposures, time-lapse photography, dissolves, and hand-painted colour. Oh yeah, and he invented the stop-motion substitution, and he was possibly the first to bring fantasy (some say sci-fi) to film. He's the man responsible for that famous picture of the moon with the rocket stuck in it. Most of his movies were recycled during World War I for their cellulose content. What little survives of his work is ground-breaking. Had his movie made him money, he might have been able to preserve his legacy for us to enjoy.

      Way to go movie industry, you destroyed one of the most creative filmmakers of all time through commercial piracy. Not just him, but possibly his life's work, too. For anyone in the industry who complains, I say look to your roots. You deserve to reap what you've sown.

  14. Re:Just So Long As You're Satisfied. by Anonymous Coward · · Score: 0

    You can't be a communist and a thief. If you believe in communism (ideal but pointless for the human race) then everything that you are theoretically stealing is free for the entire world.

  15. kinda obvious by WhitePanther5000 · · Score: 2, Insightful

    Goes back to the old saying, "one person's pain is another person's gain" Of course piracy has benefits, but usually it only benefits the people pirating.

  16. This article is a bit vauge. by sharopolis · · Score: 4, Interesting

    TFA and it's linked stories don't really go into much detail about what the actual benefits for the chinese industry are.
    Can anyone supply some more information?
    It's easy to invoke the old arguments about a colapsing business model and the failure of big companies to react to the market etc. etc. but how and why are chinese artists better without a working copyright system?
    This isn't a rhetorical question, I'd like to know.

  17. inputs of production by hardwarehacker · · Score: 4, Insightful

    You have a good point, but let's take it one step further. In a developed country, such as the US, capital (software in this case)is relatively inexpensive and labor is relatively expensive (ie why we have H1B visas).
    Now in the case of a developing nation, such as China, labor is relatively inexpensive and capital is relatively expensive. Numerous microeconomic models have different ways of combining capital and labor which yields output. The important thing here is that "cost" of captial goods are often the limiting factor for a developing nation. Piracy does lower this cost allowing developing nations to deliver capital intense (techy) goods at a lower per-unit cost. So one could make the arguement that by people in developed countries (such as the US) they are in effect allowing developing nations to produce good at an artifically lower price. However I don't see how lowering the price of music/videos much effect on a developed nation ...

  18. Questions about AllofMP3? by krell · · Score: 1

    1) You claim "AllofMP3" is pristine/lossless. I understood it was MP3, which is lossy. Which is it? What is their file format?

    2) You claimed that AllofMP3 is "people with no costs taking things that aren't theirs". Do you have evidence of this? Did they actually steal the CD's they use as source? If, instead, they duplicated files without authorization, then they "made copies without authorization", and took nothing. Taking something and making something are two different things.

    --
    Where were you when the voynix came?
    1. Re:Questions about AllofMP3? by daveschroeder · · Score: 1

      1) There are many file formats, including some lossless.

      2) Um, yes, I have "evidence" of this. They don't own that content, period. And please, please, please, for the love of God, stop using the tiresome deprivation and "not really theft/taking/stealing" arguments. Whatever euphemism you want to use to justify it, they're still something-ing (where "something" is whatever variant of "taking", "copying", or whatever, that you wish to use) content that doesn't belong to them, and selling it. If you think that's perfectly fine and think that we should have an environment where anything that CAN be copied SHOULD be copied, ad infinitum, with no repercussions and that no one who creates original content, whether it be words, music, movies, video, or anything else, should be able to control that content if it can be effortlessly duplicated, we're probably not going to see eye to eye here. Believe it or not, there is a balance with copyright.

    2. Re:Questions about AllofMP3? by krell · · Score: 1

      "Whatever euphemism you want to use to justify..."

      I'm not trying to justify anything. I'm just pointing out the fact that whatever it is, it is nothing even remotely like theft. What AllofMP3 is doing sure isn't rape either, and by also pointing out this fact I am not justifying it.

      --
      Where were you when the voynix came?
  19. Re:Yes, you idiot, it's defined in US Code as "the by Anonymous Coward · · Score: 5, Insightful

    I followed a few links from that Google search but failed to find a single one that pointed to a definition in the US code that included copyright infringement as theft. If there is a link there then please post it. Otherwise stop calling a spade a theft.

  20. One thing both AP and the poster missed... by CarpetShark · · Score: 1

    Is that the word "piracy" is loaded, and that by using it, any writer immediately not only shows bias or misunderstanding of the issues, but also becomes a puppet in big corporations' propaganda show. It's much like the use of the word "war" in reference to the illegal invasion of iraq.

    1. Re:One thing both AP and the poster missed... by shark72 · · Score: 1

      "Is that the word "piracy" is loaded, and that by using it, any writer immediately not only shows bias or misunderstanding of the issues, but also becomes a puppet in big corporations' propaganda show. It's much like the use of the word "war" in reference to the illegal invasion of iraq."

      Ah yes, the "the term 'piracy' was invented by the big corporations" meme.

      Back when I was a kid and we pirated software for the Apple II, nobody had a problem with the word. We pirated games, we played them, and everybody was happy, unless they were in the business of selling games for the Apple II.

      The "please don't call it piracy, call it copyright infringement" movement is, per my best estimate, about ten years old. In 1841, Justice William Story used the word piracy in Folsom v. Marsh, and anybody who goes to a university can use thier library's copy of the OED to confirm that its use as a synonym for unauthorized copying goes back much longer than that. Anybody who doubts its existence in modern dictionary can simply open Firefox (we do all use Firefox, don't we?) and typing "dict piracy" into the address bar. So what if it's a homonym? We're not confused by "bark" or "desert."

      Good luck with the "please use 'copyright infringement instead'" efforts, but "bias" and "misunderstanding" are not terms that you would be correct to apply to somebody simply because they use a word according to a definition that goes back some three hundred years.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:One thing both AP and the poster missed... by Dis*abstraction · · Score: 2, Informative

      Actually, it shows a command of the English language. Note definition 2.

      Is identity theft not theft? Theft of services?

    3. Re:One thing both AP and the poster missed... by Anonymous Coward · · Score: 0

      The most obvious response to this is that identity theft and theft of services create a net loss to the victim (usually time or literal money stolen, but other losess as well) whereas its harder to show an actual loss to the media company - and especially to the artist - in the case of media piracy.

      The truth is, the music and movie industries produce luxury products. Nobody has to buy them, and their business model is such that its important for them to make their product ubiquitous. If they want, they can try appealing to a smaller market with a proprietary product; lord knows its worked for Apple and Nintendo, among others. But as long as the music industry relies on getting as many people as possible to sample their product, there will be piracy. Piracy is an easier way for people to share their likes and dislikes, and (in my experience) has actually been a far more potent impetus to buy than merely hearing a song on the radio, because it comes from a friend. I have not bought a single CD since 2002 that was introduced to me through any other means, except for They Might Be Giants' excellent album "The Spine" - which I bought because someone lent me a copy of "Flood" way back in 1998 and I've been a fan ever since.

      So the question of piracy isn't like the Broken Window fallacy at all; it's more like if you were the proprietor of a little boutique shop, and a customer comes in, looks around, and takes pictures of the stuff in your store. Later the customer's sister comes in and buys something, having seen something in the photos that she liked. You have actually gained a sale and lost nothing. Yet most stores don't allow people to take pictures inside, because they are afraid their customers will somehow use the pictures to get out of buying something. Go figure.

    4. Re:One thing both AP and the poster missed... by CarpetShark · · Score: 1

      I never said anything about it being "invented by big corporations". That's your meme that you're spreading, not mine. Moreover, what you understood about the politics of terminology as a child is no basis for responsible decisions in the modern world of global internet communications.

    5. Re:One thing both AP and the poster missed... by CarpetShark · · Score: 1

      Good point, on photos in a shop.

      On movies being "luxury products" though, I tend to disagree. It has become quite commonplace for people to discuss movies etc. in the workplace, or to use movie references in general conversation etc. Therefore, to fully participate in society, you almost need to experience the popular movies and songs that others experience. Taking that to its conclusion, we can see that those who can and cannot afford to watch all these things, or perhaps feel uncomfortable in the tight quarters of a movie theatre, for instance, could be second class citizens if forced to deny the existence of simple, modern ways to access this stuff.

  21. Piracy Undermines Culture by ObligatoryUserName · · Score: 4, Insightful

    Tim Wu just had an article on Slate last week about how China is trying to grow their own film industry.

    One of the interesting points: China has to orient (no pun intended) their films to an American audience because rampant piracy in China means that there isn't enough of a local market to support Chinese films.

    I've heard the same thing from Chinese video game makers, they have to make games that will sell in places where copyright is to some degree respected because they would starve trying to live off the money they can make in their home market.

    If everyone pirated everything we would have no Lord of the Rings movies, no video games like Halo or Grand Theft Auto -- we'd still have small indy films and subscription games like WoW, but piracy only works now because it's a group of parasites feeding off media that the rest of us pay for.

    1. Re:Piracy Undermines Culture by Dis*abstraction · · Score: 2, Interesting

      It's true. Hong Kong had a thriving film industry until the late '90s, when pirated DVDs started flooding the sidewalks and subways. Dozens of studios went out of business. Others went downmarket and only do low-budget cheap thrills anymore.

      Just one example of many. It astonishes me how many people here on Slashdot can't tell truth from fantasy even when truth looks them in the eye.

    2. Re:Piracy Undermines Culture by Tacvek · · Score: 1

      Except that there is a different business model.
      One model that works for some content is the subscription model.

      The street performer protocol.
      Basically piracy is non-existant under that system because the creator makes all their money before the content is released. Once they
      release the content they allow freely copying and transcoding the content. The only thing they might restrict is the creation of derivitive works.
      Using a trusted escrow service this is very much possible.

      A date can be set where if the funds are insufficent they are returned to the donator (pre-purchaser).
      Or perhaps the donators can change their mind and pull out. One of these systems would encourage participation by the public,
      because they do not have to fear that the target is never reach and therefore they wasted their money.

      I mean games like Halo could easilly get enough pre-orders to meet the ransom posted by the developer.

      I tend to think the piracy just means the business meathods should be re-evaluated.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    3. Re:Piracy Undermines Culture by ObligatoryUserName · · Score: 1

      I mean games like Halo could easilly get enough pre-orders to meet the ransom posted by the developer.

      So all we get is Halo sequels then? Remember, people have tried to raise funds for additional episodes of shows like Star Trek and Firefly, and failed.

      If we can't use the street performer method to raise money to pay for popular TV shows how do you expect to fund projects by unknowns?

      More to the point, why are these new business models the only business models that are allowed? Because people will just take what they want if you don't follow these new ways? It's good to try new ways to fund the arts, but why pull the rug out from under everyone while you do so?

    4. Re:Piracy Undermines Culture by couchslug · · Score: 1

      "China has to orient (no pun intended) their films to an American audience because rampant piracy in China means that there isn't enough of a local market to support Chinese films."
      That's one way to spread American influence. Talk about viral cultural marketing...

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    5. Re:Piracy Undermines Culture by Anonymous Coward · · Score: 0
      If everyone pirated everything we would have no Lord of the Rings movies, no video games like Halo or Grand Theft Auto

      That's the best argument in support of piracy I've ever heard.

    6. Re:Piracy Undermines Culture by malkavian · · Score: 1

      Strangely they were previously unaffected by the cheap knock off videotapes in the decades previously.
      And, it wouldn't have anything to do with the large exodus of people as Hong Kong was being set up to be handed back to the Chinese at all, or any of the other huge social upheavals.
      It would certainly have nothing to do with the fact that before the hand back to China, Tax was very low, and has since spiralled up massively over there (ask any cab driver over there how much harder it is to make a living since Hong Kong was handed back to the Chinese).

      Like you said:
      "It astonishes me how many people here on Slashdot can't tell truth from fantasy even when truth looks them in the eye."

    7. Re:Piracy Undermines Culture by TechForensics · · Score: 1

      Well, considering if we believe Neal Stephenson that the only things the US is really good at are movies, music, software and pizza delivery, maybe piracy is good if we do it for ourselves but bad if the Chinese do? After all, it's our Gross National Product! Devaluing that would be a h*** of a culture undermining, wouldn't it?

      --
      Those are my principles, and if you don't like them... well, I have others.
    8. Re:Piracy Undermines Culture by plasmacutter · · Score: 1

      who says we need movies like lord of the rings or grand theft auto.

      how about star wreck?

      that was done basically in a garage. theyve had such positive support (even though they offered a FREE version of their movie as direct download), that they are working on another one.

      I don't buy this argument, and i don't buy the idea that huge budgets are needed anymore.

      I have babylon 5 and halo2... the xbox can, right now and in real time, render effects better than those used in babylon 5. the xbox 360 and core duo systems can do even better. long gone are the days when cgi special effects required years on supercomputer clusters. I routinely peruse imageboards where high school students are creating very detailed 3d models on their systems.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    9. Re:Piracy Undermines Culture by DamnStupidElf · · Score: 1

      If everyone pirated everything we would have no Lord of the Rings movies, no video games like Halo or Grand Theft Auto -- we'd still have small indy films and subscription games like WoW, but piracy only works now because it's a group of parasites feeding off media that the rest of us pay for.

      Perhaps we might not even have the Lord of the Rings books. On the other hand, we might have a complete Silmarillion. Is there any way to judge which which outcome is better? So far as I know, JRR Tolkien didn't make nearly as much money as his estate does now, and it's arguable that the amount of money he made wouldn't have impacted what he wrote.

    10. Re:Piracy Undermines Culture by Anonymous Coward · · Score: 0

      The rug's gone, man. The cat's long out of the bag, and DRM in your brain is the only way to get it back in.

    11. Re:Piracy Undermines Culture by Mr2001 · · Score: 1

      So all we get is Halo sequels then? Remember, people have tried to raise funds for additional episodes of shows like Star Trek and Firefly, and failed.

      If there isn't enough commercial interest in producing those episodes, maybe they shouldn't be produced (commercially, at least).

      Consider that under the most common business model currently used for copyrighted works, many works are produced which never recoup their production costs. An artist records a CD, gets an advance on royalties, but those royalties never materialize because the CD doesn't sell, and now the artist owes his record label for the money they loaned him. Wouldn't it be better if he could've just realized up front that his CD wouldn't be profitable, and spent his time on something else instead - or perhaps gone through and recorded the CD, but without the false hope that it'd earn him a living?

      If we can't use the street performer method to raise money to pay for popular TV shows how do you expect to fund projects by unknowns?

      Unknowns can get funding by providing samples (portfolios) of the work they're capable of producing.

      More to the point, why are these new business models the only business models that are allowed? Because people will just take what they want if you don't follow these new ways?

      Because the old business model has always been on shaky ground, and advances in technology are just making that more clear. The old business model treats information like a physical product: you manufacture a thousand units, then sell each one for more than it cost to manufacture. Problem is, there isn't really a "unit" of a song, a movie, or any other bit of information. You either have access to it (i.e. you know which large number you need to feed into your MP3 player to hear that song) or you don't, and you can share that access (i.e. tell your friend what the number is) without depriving anyone else or incurring any extra costs for anyone.

      You can't easily prevent people from sharing information with each other, and even if you can do it to an extent, to do so is literally to suppress free speech. The laws are inherently unenforceable, but the business model doesn't work without them, and at some point (let's call it 1998) you've got laws which were intended to prop up this business model but whose effect reaches much further, and the costs to society outweigh the benefits.

      I don't think that's just a fluke of our particular set of laws; I think it's an inevitable result of a well-funded lobby whose profits depend on the law forcing things to behave unnaturally. Imagine if some bizarre new industry were to spring up which could provide a popular service in your city, but their business model depended on water flowing uphill rather than down. Absurd, isn't it? Just think how expensive and invasive the system of pumps would have to be to guarantee that all water in your city flowed from low ground to high ground instead of vice versa. But most people don't bat an eye when confronted with an industry whose business model depends on information being uncopyable, and the expensive, invasive system of laws and technology which attempts to stop copying.

      The business model described by the GP, however, doesn't depend on laws that limit anyone's speech, or anything else other than basic contracts. In fact, it's not a "new business model" at all, because it's exactly the same business model used by hundreds of other industries: you get paid for the work you do, no more and no less, and you don't have to do the work at all until someone has agreed to pay you for it.

      --
      Visual IRC: Fast. Powerful. Free.
  22. Re:When is piracy not piracy? by dkarma · · Score: 2, Insightful

    When I spend 60 dollars on a shitty game for my wife (Sims2) then the first disk gets messed to the point of not being able to install the game what do you do? I tried emailing EA (bahahahahaha) No response. If it weren't for a copy of the game on the internet that I downloaded I would be screwed out of my money because of a few scratches and crappy software support. I for one am glad that this and all media is out there for people to use for legitimate reasons. As an amateur musician, I also support file sharing as a way of getting out new or hard to find music. The people who bitch about pirating are multi millionaires. *snif* *snif* OOhhh you took .3 dollars out of my 300 million dollar paycheck....please. If I pirate an album and the artist bitches I'll mail them a check for 25 cents because that's what they get if I buy their album. The company who releases it can suck me. 15-20$ for a cd that cost you 10 cents to burn?!!?! Yeah I'm crying for your losses. In addition CD sales aren't dropping because of piracy they're dropping because your music is crap. Also, selling songs online nets them more per track than selling cds and they don't even have any overhead for printing the media in the first place. In short RIAA = GREEDY SCAMMERS Viva La Pirat

  23. You've got to be kidding, right? by catdevnull · · Score: 4, Insightful

    Missed the point? You've got to be kidding me.

    Do the math: AP provides stories to publishers. Publishers are owned by large companies who publish stuff--like books, music, movies.

    Did you REALLY expect them to bite the hand that feeds them?
    Why would they publish a story that favors piracy helping people when they could push the agenda their way to protect the interests of the corporations pirates are hurting?

    Look--piracy is stealing no matter what kind of spit shine you put on it. Are the BSA, MPAA, and RIAA going a bit over the top about it? Yes. Does that somehow make piracy right? No. It's still stealing. Just because the AP isn't picking up on what some techblog mentioned on slashdot doesn't make them morons. I think we glorify our own technical punditry beyond the tempest in the teapot that it really is.

    It's never about what is the "best"--it's always about what's more popular. That's where the money is. Windows and VHS are testments to that. It's all about margins and paying off the share holders.

    The REAL story is going to be which of the publishers (movie studios and record labels included) survive the learning curve of the new business model--the computer as an entertainment hub. The whole MP3 thing blew up not because of piracy but because it was EASY and CHEAP. That's what consumers want--easy and a fair price. The content providers are catching on--hence all the TV-a-la-carte on the iTMS.

    Is it the best? Probably not. But is it lucrative? Hell, yeah. You don't have to be Warren Buffet to figure that out.

    It's all about the Benjamins, baby.

    --

    I might know what I'm talkin' about, but then again, this is Slashdot...
    1. Re:You've got to be kidding, right? by arashi+no+garou · · Score: 1

      Piracy is NOT stealing. It is as WRONG as stealing, but it is more correct to call it for what it is: Copyright Infringement. This myth that piracy = theft is actually hurting the *AA's war against it. If they would call it for what it is, they could get the proper assistance from the government and be far less likely to lose in court to the few defendants who are brave enough to take it that far. According to the statutes on every US State's lawbooks(with the exception of "Theft of Services" in some states), to be charged with Theft you must deprive someone of something of value. In other words, you physically take possession of it and they physically lose possession of it. If you break into someone's house (burglary) and take a CD and put it in your pocket (theft) you have stolen it. If you download a CD without paying for it when the only way to legally download it IS to pay for it, you have committed copyright infringement. The person or company you downloaded from still has it; you didn't take possession of it. you COPIED it, hence the term COPYright infringement.

    2. Re:You've got to be kidding, right? by vertinox · · Score: 1

      Look--piracy is stealing no matter what kind of spit shine you put on it

      For crying out loud... Even the US Supreme court has stated that copyright violations are not theft and are civil cases to be dealt with civil suits.

      I'm not pro-piracy but I know enough about the law (IANAL tho) to know this is a big difference between theft and piracy. One involves your local district attorney and law enforcement and the other involves law enforcement and a corporate lawyer.

      One of these requires a jury to find you guilty beyond a reasonable doubt and the other does not.

      On the same note there is a difference between murder and manslaughter. You still killed someone but being convicted of one over the other entails quite a bit of difference in the punishment. Keep that in mind.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    3. Re:You've got to be kidding, right? by catdevnull · · Score: 1

      Copying software without paying for it isn't stealing? Split the hairs and call it what you want--but it's still taking something for yourself that you don't own when the owner asks for a price. Piracy even worse because you're copying someone else's material and selling it to others for your own profit. Civil or criminal--it's still is not fair to whomever is footing the bill for the cost of production.

      However, I do agree that the asking price for the software, recordings, or movies should be fair. I think most people justify copyright infringement and/or piracy one way or another because the simply do not want to pay the asking price.

      --

      I might know what I'm talkin' about, but then again, this is Slashdot...
  24. Re:US Code? by dkarma · · Score: 1

    lmao

  25. The thread poster has a wierd sense of right/wrong by gurps_npc · · Score: 3, Insightful
    1) Real piracy is wrong, no matter what. There are NO 'positive effects', anymore than more allowing pick-pocketing has the positive effect of giving pick-pockets a job.

    2) There ARE real other sides to this issue. For example shmucks calling things "piracy" when they are just fair-use. Or vile corporations pricing things WAY WAY too much, then ripping off the artist by paying them a fraction of the profits, then saying that "piracy" is killing their business. Or those same corporations, understanding that modern technology will destroy their buiness model, do everything they can to sabotage the new technology then complaining when people turn to piracy, not to steal the media, but instead just to put get it in a fair/reasonable format for their MP3 player that the )(*@#$ labels did not want them to.

    --
    excitingthingstodo.blogspot.com
  26. Piracy verses Theft by Morosoph · · Score: 2, Insightful

    It's the difference between breach of trust and denial of goods.

    I'm not just talking technically here, but as I can't be bothered to rehash the arguments right now, I'll link to to a post of mine in an old JE.

    Please also note that I'm not saying that breach of trust is a good thing: society is built on trust. I am only saying that piracy and theft are not the same thing,

  27. "Undermine" culture? by PAPPP · · Score: 1

    Culture isn't something you create, sell, market, purchase, and/or trade. Culture is something that happens amoung a people. You're eating up the line the entertainment industry keeps making that they "produce" culture, when they at best ride the cultural wave, making products that pander to, and to some degree shape, the prevailing cultural movement. The sucess of indie films, blogs, grassroots movements, and services like YouTube should be evidence enough that they aren't in control. If a large part of the Chinese populance wants western entertainment, then that IS a part of the culture.

    1. Re:"Undermine" culture? by Wile_E_Peyote · · Score: 1
      Culture isn't something you create, sell, market, purchase, and/or trade. Culture is something that happens amoung a people. You're eating up the line the entertainment industry keeps making that they "produce" culture, when they at best ride the cultural wave, making products that pander to, and to some degree shape, the prevailing cultural movement.

      That is way too much of a blanket statement. Are you saying George Lucas hasn't created cultural icons? How about Gene Roddenbury? Our culture (in the west) as it is now is a huge mish-mash of television and movies. Half the conversations I hear around me are filled with lines or ideas taken from film or television (aka Pop-Culture). I don't think the big studios "make" culture, but there are artists (directors, writers, actors, painters, musicians) who make a giant contribution to our cultural makeup.

      The sucess of indie films, blogs, grassroots movements, and services like YouTube should be evidence enough that they aren't in control. If a large part of the Chinese populance wants western entertainment, then that IS a part of the culture.

      Indie stuff is great, the problem is you get maybe 1 good film for every 1000 made. The same is true of blogs and the stuff on YouTube. The reason? Most of the stuff is made by people just learning how to make films, etc. It's great to have these outlets, but I don't want the professionals to stop making movies/television/music.

  28. Re:Just So Long As You're Satisfied. by WilliamSChips · · Score: 2, Interesting

    How about the Offspring? They even tried to release one of their albums for free off the internet but were stopped by the record company.

    --
    Please, for the good of Humanity, vote Obama.
  29. Lossless is an option by MarkByers · · Score: 1

    1) You claim "AllofMP3" is pristine/lossless. I understood it was MP3, which is lossy. Which is it? What is their file format?

    You can choose the file format and bit rate when you purchase.

    FLAC (a lossless format) is one of the options.

    However unlike most stores, you pay per megabyte so you have to consider if having lossless is really worth paying many times the price for a relatively small increase in quality over some of the other formats available such as ogg.

    --
    I'll probably be modded down for this...
  30. A Greater Threat Is Closing Fast by Quirk · · Score: 3, Insightful
    Let's not forget the historical roots of piracy. Sir Francis Drake, as well as being the first Captain to circumnavigate the world and an able Vice Admiral was also a privateer or a pirate by any other name. I think we will be said to have reached level one civilization when we have a world government and world courts. As an aside I think only when we have reached such a level of civilization will we be able to manage the Solar System.

    Contrary to the above our current state pushes innovation and geopolitical invention. While the status quo states of the developed world push IP as a last ditch form of imperialism, developing nations and "pirates" derive new venues by running outside the highways of the status quo.

    When these last issues are put to bed with one power group climbing into bed with others then the innovation that comes from the hurly burly of piracy will leave us with a status quo installed and fortified by international law. It may be that what is now seen as piracy is the last invigorated period of innovation we will see.

    just my loose change

    --
    "Academicians are more likely to share each other's toothbrush than each other's nomenclature."
    Cohen
    1. Re:A Greater Threat Is Closing Fast by Anonymous Coward · · Score: 0

      also a privateer or a pirate by any other name.

      If you bothered to read the wikipedia article you link to, you would know there is a difference between a privateer and a pirate. Privateers received offical legal sanction from a government, while pirates were independent criminals with allegiance to no government.

  31. Re:When is piracy not piracy? by pegr · · Score: 1

    When I spend 60 dollars on a shitty game for my wife (Sims2) then the first disk gets messed to the point of not being able to install the game what do you do? I tried emailing EA (bahahahahaha) No response.
     
    that's funny... My daughter lost the registration code for that same crappy game, and EA was very supportive, considering the reg code is likely to be considered more senstive than the actual media... Ten bucks and a three day wait (for the letter to arrive) and she was back in business. I can't help but think you're full of crap, but perhaps I'm wrong...

  32. MOD PARENT DOWN PIRACY IS NOT THEFT by nead · · Score: 0

    according to the US Supreme Court, piracy is NOT theft.

    They clearly distinguished between copyright infringement and theft in a 1985 case, where they said, "(copyright infringement) does not easily equate with theft, conversion, or fraud... The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over copyright; nor does he wholly deprive its owner of its use."

  33. Re:The thread poster has a wierd sense of right/wr by vga_init · · Score: 1

    1) Real piracy is wrong, no matter what. There are NO 'positive effects', anymore than more allowing pick-pocketing has the positive effect of giving pick-pockets a job.


    You're joking, right? Positive effects can stem from just about anything, so you're clearly overstating your argument. If there were no positive effects whatsoever, or if the negative effects dramatically outweighed the positive effects, I doubt that "piracy" would be as popular or widespread.


    From my perspective, when it comese to a person's natural right to copy and redistribute data and information, it is "wrong" to try to force them not to.

  34. Futurama by MasterC · · Score: 4, Insightful

    Ok, I guess I'm a bad geek or something. I just never watched Futurama. Perhaps because I can't stand ads so I rarely watch TV to begin with.

    That said, I didn't watch Futurama until I downloaded some episodes quite some time since the first run was cancelled. Then I downloaded the entire series and watched them. Now I own all four volumes on DVD and am looking forward to the next run.

    Maybe this example is the exception and not the rule, but the fact of the matter is that my "piracy" or "illegal download" led to Fox getting some cash out of my pocket for the DVD. Cash that they would not have gotten otherwise. At the end of the day, I don't care what the AP says or does not say: piracy has caused me to spend more money than I would have without it. I'm tired of crappy entertainment or lack of creative writing talent ([sarcasm]I can't *WAIT* for the remake of the revenge of the nerds[/sarcasm]). I want to use it and then decide if it's worth my money: if not I move on; if so I buy it.

    If I can't do that then I'll abandon/boycott/ignore the whole damn thing until I can. It's like being in the matrix and taking the red pill: once you snap out of the mindless, lemming-like world of the MPAA/RIAA/whatever-there-is-for-TV-networks-AA you take note of how crappy it was being Thomas A. Anderson.

    And I'll watch nothing but TV ads & infomercials before I get suckered into the "you don't really own X any more and you have to pay $1.99 ever time you want to watch it." Sorry, but fuck that. Keep your damn blue pill.

    --
    :wq
    1. Re:Futurama by IamTheRealMike · · Score: 1

      That's pretty cool. I know several people like you.

      The problem is, I know about 3 times more people who aren't, people who often don't have that much money anyway and would rather spend what they have on booze or new toys rather than TV they already watched. So whilst this sort of thing is a nice anecdote, and I'm sure we all either do this or know people who do, the problem here is that many, many others don't. And expecting them to change is no solution.

    2. Re:Futurama by Dangolo · · Score: 0

      i understand where you're coming from on this since i did the same thing with Scrubs, Red vs Blue, tons of anime and several movies.... but... the designed purpose of the radio, television and other advertising (all free btw) is to showcase featured artists and fuel interest and sales. just because piracy has grown so large that it has become an advertising medium, the majority of people download copyrighted content and never make the honest decision to buy the DVD. Did you and I? sure. are the others? sure, but i doubt it would be higher then 10%, thus the cons outweigh the pros for this example.

    3. Re:Futurama by Anonymous Coward · · Score: 0
      The problem is, I know about 3 times more people who aren't, people who often don't have that much money anyway and would rather spend what they have on booze or new toys rather than TV they already watched.
      Because if they hadn't pirated it they would have definately gone and bought the dvds.... right? not every copyright infringment is a lost sale
    4. Re:Futurama by cdrguru · · Score: 1

      Let's see here... you download a TV show or 10 of them and discover you like it. So, you run out and buy a copy of exactly what you downloaded for free.

      Why? Why did you bother? You already had it.

      I suppose the excuse is that the downloaded versions weren't as good quality, but this is a temporary situation that will be fixed soon. You could say that you really liked the box the DVDs came in and just had to have it, but that would be silly also.

      So why did you buy the DVD?

      Piracy, as viewed by content producers, is the end itself. There is no "try before buy" - shareware works the same way and 5% of the people (if you are lucky) pay. It is just "try". There is no "buy" and there should not be. If the pirated material isn't up to your standards, find another source. There are plenty out there. I am sure someone bought and uploaded the DVD you purchased. Just get that.

    5. Re:Futurama by MikeBabcock · · Score: 2, Interesting

      I'm just like the grandparent; I've done much the same thing on several occasions, and I know many others who do so as well.

      The fact of the matter is, those who do not follow this pattern would not have paid for the content in the first place, so it is not in fact lost revenue.

      The problem that still needs addressing is: Do we really want to limit cultural experiences to those who can afford them all (there's a limit)? I can't afford every CD I want to listen to, or every piece of artwork I'd like to look at or every book I want to read.

      Luckily, we invented libraries for the last one.

      How about the first two? Radio doesn't really count incidentally because of bias and advertising. The originators of Copyright in North America believed that works should be in the public domain in the not-so-long-run so as to allow as many americans access to culture and education as possible. Where did we go wrong?

      --
      - Michael T. Babcock (Yes, I blog)
  35. Fuck off by daveschroeder · · Score: 1, Insightful

    I put "stealing" in quotes in my post for a reason. Christ, the way you fuckers insist it be called "copyright infringement" or "nonauthorized duplication" stinks of PC in the vein of "undocumented migrants" and "differently abled" to high heavens.

    I fully understand the deprivation argument, thanks. And you ARE depriving them of something: the ability to sell and control their product, their creation, as they see fit. You act is if just because something can be copied nearly effortlessly, it should be, and indeed, MUST be, for the good of all humanity.

    1. Re:Fuck off by Jherek+Carnelian · · Score: 1

      You act is if just because something can be copied nearly effortlessly, it should be, and indeed, MUST be, for the good of all humanity.

      If you buy into the argument that private ownership of the means of production aka capitalism should be, and indeed, MUST be, the best way to run an economy of rivalrous goods then it only stands to reason that an economy of non-rivalrous goods should be and indeed, must be, based on free and unimpeded sharing.

      I put "stealing" in quotes in my post for a reason. Christ, the way you fuckers insist it be called "copyright infringement" or "nonauthorized duplication" stinks of PC in the vein of "undocumented migrants" and "differently abled" to high heavens.

      Marxists often refer to capitalists as stealing the means of production from the people as a means to bias the listener to their argument. Would you be content to let that slide in millions of discussions in name of avoiding political correctness?

    2. Re:Fuck off by Mydron · · Score: 1

      And you ARE depriving [artists] of something: the ability to sell and control their product, their creation, as they see fit.

      Artists are free to release their product on a medium that facilitates control. Nobody is forcing you to release your music on CD or your movies on DVD. In fact, nobody is forcing artists to do anything. The problem is that artists both want to their cake (release their content as widely as possible) and eat it too (charge everyone who hears/sees said content).

      I have no problem with DRM. Go head artists, use it all you want.

      What I do have a problem with is spending millions of my tax dollars legistlating and policing the public so that you can maintain your income. If you want to secure your content, that's your problem -- you can engineer an unbreakable content player. But you can go straight to hell once you start advocating the errosion of my *freedom* and *privacy* so that you (or tax funded government) can make sure that I am not hearing/seeing your content without your permission.

    3. Re:Fuck off by cpt+kangarooski · · Score: 1

      And you ARE depriving them of something: the ability to sell and control their product, their creation, as they see fit.

      To be a little pedantic, the 'deprivation' would be of the ability to prevent others from selling copies. Copyright isn't a right to do anything; it's a right to prevent others from doing things. It's like a negative easement. This is why if you write something libelous, or you create child porn, or whatnot, that copyright isn't going to let you publish it. It will let you prevent other people from publishing it, but you can't publish it either. This is all more clear in the patent world, where patents often block one another.

      Anyway, preventing someone from exercising a right is known as 'infringement.' When the government keeps you from speaking, they infringe on your right of free speech. And so, when someone infringes on the rights in a copyright, the correct term is copyright infringement.

      It's not really a deprivation, since the rights aren't taken away. It's more like interfering with the rights.

      You act is if just because something can be copied nearly effortlessly, it should be, and indeed, MUST be, for the good of all humanity.

      Well, actually, that's correct. It is good, and it ought to be done. One of the goals of copyright, after all, is to encourage works to be copied and traded and used, freely, by the world. Works that are locked up are of little value. We might encourage the creation of more works to enjoy freely by denying ourselves that freedom for a period of time, but ultimately it is good for all humanity to not have that last any longer than necessary.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  36. fansubs vs bootlegs by j1m+5n0w · · Score: 1

    I agree that fansubbing is a good example of how "piracy" can be a good thing for all involved. Bootlegging of licensed anime, on the other hand, is a real problem. I went looking for Haibane Renmei and various Miyazaki films on ebay the other day and was somewhat surprised to find that the majority of anime on ebay appears to be bootlegs. American companies like to whine about the Chinese pirating their work (perhaps for good reason), but not much has been said about Americans buying Chinese bootlegs of Japanese shows and movies. It seems like American authorities shouldn't turn a blind eye to piracy of foreign work if they want our "intellectual property" to be respected in foreign countries. Maybe the problem is that, according to American arrogance, only American IP is worth anything. If other countries take similar attitudes, is it any surprise that "piracy" is rampant? Perhaps we should remove the plank from our own eye before removing the mote from our neighbor's.

    1. Re:fansubs vs bootlegs by Astarica · · Score: 1

      I've known Chinese stores that got busted for selling bootlegged Japanese Anime/games. The reason you don't see this happening very often is due to a few things: 1. These stores actually try to hide the fact they're selling illegal stuff. The bootleg CDs are usually hidden back somewhere with real games/anime on display counter. If you don't know better, most of the Chinese stores selling bootlegged stuff actually looks like a legit operation. This is pretty different from busting a torrent site where you might as well have a sign that says 'come here and download free stuff!' or some pseudo legal stuff that doesn't really make a good attempt to hide the fact that what's being done is illegal. 2. Chinese stores usually only sell to the Chinese. If you're not Chinese chances are pretty good you won't be going to a Chinese store to get anime/games in the first place. In fact there's a good chance the Chinese clerk just won't sell you the bootlegged stuff they stashed behind the counter. Seeing piracy is rampant in China/Taiwan/various Asian countries, it should not surprise you that the average Chinese has even weaker beliefs in copyright compared to the average American. Therefore it is less likely for a Chinese to turn someone over for piracy.

  37. Ok, let's look at what copyright enfringing causes by rucs_hack · · Score: 5, Insightful

    1: Unreasonable patents caused early film makers to head out west to california, to this little place called hollywood, where they created an industry which makes billions from their product.

    2: Video recorders cause hollywood to become worried because people can 'illegally' copy stuff, and they try to kill it, but it leads them into a prosperity never before seen, eventually spuring research into the dvd.

    3: Filesharing causes media companies to become paranoid about loss of profit, then spurs the creation of online media delivery, again vastly increasing the potential profits of said media companies.

    I wonder what the next thing is that they'll fight till it suddenly turns into a money maker?

  38. MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    This is an excellent point to make, and I'm surprised that it's not raised more often.

  39. Re:When is piracy not piracy? by Anonymous Coward · · Score: 0
    Why is it EA's fault because you're too fucking irresponsible to simply take care of a disk? How hard is it to keep in a case and not totally fuck it up moving it from the case to the CD tray? As an amature musician, you have every right to support file sharing as a great way to get your music out, but that's YOUR music. You really shouldn't have any right to tell other people what to do with theirs. And it shouldn't matter whether they are millionaires or the local joe trying to sell his disks at his gig down the street, it's still not your right to decide who should be compensated for their work or not. If you downloaded an artist's music instead of buying it and sent them a quarter, it wouldn't make much of a difference, but if EVERYONE did the same thing.. well, do the math. As an amature musician, you obviously don't recognize that the actual cost of producing an album goes far beyond the few cents it takes to press the actual physical disk.

    I agree that most music is crap, but apparently SOMEONE is enjoying it if it's showing up on P2P. I also agree that it's fucked up that selling a song online nets them more than selling individual CDs, but usually that's the price you pay for individualization. And besides, the artist's contract is their business, not yours. If they got fucked by signing a shitty contract because they didn't read it, well, that's still not your problem.

  40. Re:The thread poster has a wierd sense of right/wr by gurps_npc · · Score: 1
    No I am not joking. Positive effects can not stem from anything that is at heart evil.

    You are making a bad assumption about "postive" effects and about the word "stem" from. Just because a person likes it does not make it a 'positive' effect. Pleasure a man gets from rape is NOT a positive effect, no matter how much he enjoys it. It is a negative effect - the guy should not be enjoying the rape.

    An evil act may create a situation where good is done, but not directly so it can't "stem" from it. A good example is The Holocaust. As a reaction AGAISNT the holocaust, there was a strong movement against prejudice in all forms, which helped to remove discrimination. But it did not 'stem' from the Holocaust, it happend as a reaction against it.

    People do things all the time that have negative effects that dramatically outweigh the positive effects. And they continue to do it repeately. Ask any person that has realzied they are addicted to cocaine. They will tell you they get NO positive effects, despite it being pleasureable.

    --
    excitingthingstodo.blogspot.com
  41. WANTED: Surrogate Corporate Parents by Anonymous Coward · · Score: 0

    The problem with today's youth is moral relativism. You see it rampant here on /. as many try to justify outright stealing. It's quite comical.

    When you can buy an Xman 3 or Cars movie in China for 69 cents before it's even released in the US, there is a problem. Fortunately, Microsoft's new DRM implementations in Vista will blank one's monitor when using pirated media and help police such abuse. The irony of today's global economy is: 1) emerging capitalist states and their populace are actually governed by global corporate interests now, and 2) those same global corporations seed that absent "morality" through financial influence to fill that vacuum. Sad, but if the typical /. crowd represents that new vacuum, it's quite necessary...

    1. Re:WANTED: Surrogate Corporate Parents by slippyblade · · Score: 2, Insightful

      **Fortunately, Microsoft's new DRM implementations in Vista will blank one's monitor when using pirated media and help police such abuse.**

      That is until the new DRM in Vista makes a or decides it doesn't like your home movie and blanks your monitor. Or even better, decides that your legit backup copy isn't legal and won't play it.

      Or hell, simply decides that it's time to send a complete list of all your viewing history to it's makers/partners in order to provide you with "specials, discounts and promotionals targetted to your demographic"

    2. Re:WANTED: Surrogate Corporate Parents by iamwahoo2 · · Score: 3, Insightful

      "moral relativism". Nice catch phrase, but I am not sure you understand what this means (It's quite comical). This would mean that I am okay with copying someone else's work, but not okay with someone else copying mine. Disagreeing about the definition and morality of "copyright infringement" is not moral relativism. It is just a different in opinion. It is perfectly acceptable to believe that copyright infringement is not morally wrong while theft is wrong. The beliefs do not conflict with each other.

    3. Re:WANTED: Surrogate Corporate Parents by Anonymous Coward · · Score: 0

      It's moral relativism in the sense that you're okay with stealing music and videos but not with stealing a car

    4. Re:WANTED: Surrogate Corporate Parents by hackwrench · · Score: 1

      No, the problem with todays youth is that morals throughout history were flawed, but the previous generations all seem to think that theirs don't bear improvement. The big thing I keep hearing is "Respect for elders" without first addressing respect for everyone. Further digging seems to expose a mindset that only elders should get respect, which is more deference than respect. The movie "Time changer" exposes the problem somewhat, but it's clueless as to the faults of the generation it holds in esteem, whis is also part of the problem.
      http://www.timechangermovie.com/site/home.htm

    5. Re:WANTED: Surrogate Corporate Parents by StikyPad · · Score: 1

      That's not moral relativism either.. Moral relativism is where any opposing set of morals is okay. For instance, a moral relativist may believe rape is wrong, but if another country wants to say that rape is ok, then that's okay with the moral relativist. That is to say, he believes that morals are neither objective nor immutable. Most people would agree that there is some truth to that; some morals are relative, but many are not.

      Saying that it's okay for me to copy you, but not okay for you to copy me is simple hypocracy.

    6. Re:WANTED: Surrogate Corporate Parents by Pseudonym · · Score: 1

      Actually, "moral relativism" is what I call you, when you think that a particular moral is relative that I happen to think is absolute.

      And yes, that is definitional relativism.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    7. Re:WANTED: Surrogate Corporate Parents by rohan972 · · Score: 2, Insightful

      That would only be moral relativism if you view copyright infringment as theft. Many of us don't, and have reasons why we think so.

      A couple of examples of the difference between copyright law and property law:
      1. copyrights expire, property ownership does not expire.

      2. Copywritten material may be copied by private citizens for fair use. Property has no fair use exclusion that allows you to take it.

      There are also natural differences (since you gave the example of a car):
      If I make a copy of a song, the copyright holder does not loose anything they had. With or without permission, the act of copying does not remove the property. If I take a car (with or without permission) the owner no longer has the car.

      None of this proves that copying copyrighted material is either right or wrong, just pointing out that it is inherently different to property theft.

      There is also the fact that property ownership has been generally recognised by most societies throughout history. It could be regarded as self-evident. Even when people set up communities that don't acknowledge personal property rights, there is generally a tendency to re-establish property rights eventually (USSR, China, various hippy communes whose ex-members are now capitalists etc.) Property rights could be considered self-evident. Copyrights, however, are purely the result of legislation. That doesn't mean that copyright isn't good, even necessary, just that it is a different catergory of rights to property rights.

      You don't have to agree, but we are not being logically inconsistent, and it isn't moral relativism.

    8. Re:WANTED: Surrogate Corporate Parents by Anonymous Coward · · Score: 0

      I wouldn't mind someone making an exact duplicate of my car. Knock yourself out!

    9. Re:WANTED: Surrogate Corporate Parents by Anonymous Coward · · Score: 0

      Actually, property has fair use exclusions to some extent: (your) life is valued more then (my) property. if you are caught in blizzard in the mountines, like hell you won't break into a cabin, in order to survive, or tresspass an estate if other paths are blocked by forest fire, flood, etc. If you are fleeing disaster endagering your existance, are you not going to "borrow" a car or boat and flee?

      Copyright is in essence a sort of trust agreement: Producer trusts public that (s)he will be rewarded for creating novel work that is published. Receiving the information without paying demanded fee may not be theft in classical sense of the word, but none can honestly claim it is not a betrayal of agreement - a form of fraud, like when I would promis to pay you if you paint a picket fence but changed muy mind AFTER painting is all done (at which point you would have to work more just to invalidate your previous work, but I digress).

      Now, someone could argue that they didn't individually made any promises themselves, but the society as a whole did and that's why society criminalyses and prosecutes those who break this promis. This activity is not much different from other social services and agreements: someone stronger then you (or better shooter) could kill you or rob you without much thinking, but there is an agreement: you pay taxes, society protects your physical integrity and your property.

      Infringing copyright is easy, psychologically: you don't have to look into victim's eyes, you are not very likely to get caught, the majority of population is "consumer side" (they are more likely to identify with copyright infringer then with copyright holder), there is no blood and violence... that's why it is so popular and widespread. OTOH, it gives excuse to various "industry associations" to attack our freedoms - because in general we DO abuse our freedoms and then society (actually those elected representatives of society, out there on the spot who can't just hide in anonimity like the rest of us) has no other option then to give in and grant them another move into our space.

      If we were thinking about it and accepted our responsibilities, there would be no grounds for various DRM's DMCA's etc. Unfortunately, they don't work without total and totalitarian control. Overall, the end of twentieth and begining of twenty-first century has brought us defeat and demise of Enlightment Age idea of shared ideas and "promoting advances in science and fine arts" - we can see that patents are not trusted anymore to protecting you (look at all that Non-Disclosure Agreements awaiting everywhere, patent litigations and settlements), copyright is overgrown, but without teeth and beeing supplemented with locks (DRM)... we are heading toward (or perhaps are already in) new Dark Age of secrets. Technology will become magic, because it will be founded in secret. Entertainment will become promotion or real time performance and it will become much more expensive... However, paradoxicaly it will flourish, from boredom and grassroots artists.

    10. Re:WANTED: Surrogate Corporate Parents by rohan972 · · Score: 1

      if you are caught in blizzard in the mountines, like hell you won't break into a cabin, in order to survive, or tresspass an estate if other paths are blocked by forest fire, flood, etc. If you are fleeing disaster endagering your existance, are you not going to "borrow" a car or boat and flee?

      Of course I would, but would also be liable to pay for damages etc. and return goods. I could not use a car to flee a fire and keep the car, I would have to return it, so it is not an exception to property rights in any way similar that fair use is an exception to copyrights.

      Receiving the information without paying demanded fee may not be theft in classical sense of the word

      So you agree? This was exactly my point. You needn't have posted, AC.

    11. Re:WANTED: Surrogate Corporate Parents by Anonymous Coward · · Score: 0
      If I make a copy of a song, the copyright holder does not loose anything they had.
      Moral relativism at it's finest!

      The problem with the "honor among thieves" crowd is that they conveniently disregard the substantial money an artist (and their investors) lose from p2p theft.

      Now watch as they try to convince the other thieves that no such money ever existed to begin with...
    12. Re:WANTED: Surrogate Corporate Parents by Maximum+Prophet · · Score: 1

      But, if 200 years ago, someone stole some land, died, his heirs subdivided and sold it, the people who bought it subdivided it and sold it to you, the courts may let you continue to live on the stolen land.

      Check out "Grandfathering" of land. There are many cases where someone has started using land next to theirs. After a few years of the rightful owner not asserting his rights, depending on the state, the land becomes the property of the new "owner".

      There are many examples of property law that are similar to the "fair use" of copyright. Remember, you can't really own land, you just rent it from the government. If they really want to use your land for something else, they will just take it and pay you "Fair market value". If you don't pay your taxes, they will take it. Check out how the US acquired the land for Arlington National Cemetery. http://www.arlingtoncemetery.org/historical_inform ation/arlington_house.html "The property was confiscated by the federal government when property taxes levied against Arlington estate were not paid in person by Mrs. Lee." What that link doesn't say is Mrs. Lee's son tried the pay the taxes, but was refused so that the government could take the land.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    13. Re:WANTED: Surrogate Corporate Parents by rohan972 · · Score: 1

      they will just take it and pay you "Fair market value"

      Significantly different, don't you think, since they pay for it. Not really very similar to fair use rights at all. As for grandfathering etc, they are just methods of transfering ownership. Perhaps not entirely just, depending on your point of view, but entirely different to fair use. Fair use does not transfer the copyright to the user. The copyright owner still has the copyright when you exercise your fair use rights.

      When the government resumes land, the payment acknowledges that they are taking your property (even though you were just renting it from the government). When you exercise fair use, you don't have to pay, which is an acknowledgement that you are not taking any property, therefore we say that copyright infringement is not theft (which is not to say that it isn't wrong).

    14. Re:WANTED: Surrogate Corporate Parents by rohan972 · · Score: 1

      There is a significant problem with the logical consistency of your arguement here. It is shown up by artists and other copyright holders who release their work at no charge over the internet (for various reasons). Musicians who release mp3's or allow them to be released as a way of promoting/advertising their band, for example. If your assertion that artists lose money when a song is downloaded is true, then it must cost thousands for musicians to make their own songs available for download. Except it doesn't.

      Also, regarding your innuendo that I'm a thief (or copyright infringer, or both, depending on how you see it), this is an unsubstantiated and unjustified attack on my character. Read the thread, and you will see that I have not at any point said that violating copyright is good or acceptable. I have merely stated that I do not think it is theft, and given reasons why I think that. Having an opinion different to yours does not make me a thief. It is a dishonest way to argue to slander the person rather than counter the points made. I offer two points for your consideration:

      1. Such character attacks, if not made anonymously, are indeed subject to the same type of legal repercussions that copyright infringement is. You are no longer in a legally superior position to a copyright infringer. Some would say morally as well.

      2. If you require dishonest discussion tactics to make your point, you might need to reconsider if you point is worth making.

  42. Chris Rock says hello by DrSbaitso · · Score: 1

    Just like there's a good side to piracy, Chris Rock found a good side to crack. For example, after midnight in the right part of town, you can get a plasma TV for $100 (out-of-box model ;)

    --
    beware the jabberwock, my son! the jaws that bite, the claws that catch!
  43. star wars episode 1 by AlgorithMan · · Score: 1

    In 1999 we only had modems in germany and "star wars episode 1" came out... but in germany it was released later, so people here really downloaded the whole movie through their 3kb/s connection! this took whole nights and that cost lots of money

    this was the start of the development... now almost everyone has low priced broadband... without piracy this wouldn't be the case...

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  44. Re:The thread poster has a wierd sense of right/wr by vga_init · · Score: 1

    I think you have some good logical points in the way you view positive/negative effects and how they relate to the cause, as harsh as your language is.

    I feel, however, that "evil" in the sense you're using it in is being applied to the violation of copyright law in poor taste. See Godwin's Law.

    I still believe very strongly in abolishing intellectual property and especially state enforcement of it in any form. The only thing I find "evil" in this situation is your attitude and the government supporting it.

  45. I Got To Straighten This Boy Out. by Anonymous Coward · · Score: 0

    How about the Offspring?

    Do you mean the has-been nobodies of a craptacular punk rock band that were contractually obligated to Columbia Records?

    Lemme say this slow, so it sinks in.

    When you sell your soul to the devil for fame and fortune, you don't get to call the shots.

    The Offspring sold their rights to the music to Columbia Records in exchange for "fame and fortune". They no longer had the right to do what they pleased with it. If they hadn't sold their rights to the music, they could have given it away all they wanted. Of course, they would have been even more obscure than they are today but, I'm sure that point is lost on you as well.

    You can't have your cake (fame and fortune) and eat it too (rights to the product you sold for fame and fortune). Likewise, a car dealer can't sell a car and drive the car home after the sale!

    That boy's as sharp as a bowling ball.

    1. Re:I Got To Straighten This Boy Out. by WilliamSChips · · Score: 1

      Congratulations, you miss the point of the post! He was looking for a popular artist that didn't support all the RIAA measures. I gave him said example. And yes, I'd say 10 million sales for an album is pretty popular.

      --
      Please, for the good of Humanity, vote Obama.
  46. Hello, let's imagine... by GigG · · Score: 0

    I've invented a gasoline replacement that burns clean with zero pollution. It is made with water and another easily obtainable element. Now, I think I deserve to make a lot of money because I figured out how to do this. Unless you can guarantee that my formula will never be pirated I'll simply walk away and never tell you how to do it.

    --
    Is buying a Harley Davidson as your first motorcycle since you were 16 at age 49 a midlife crisis issue?
    1. Re:Hello, let's imagine... by metamatic · · Score: 1

      Now let's imagine you've invented a machine that can duplicate gasoline 10x via some kind of fast breeder process, but it's limited to 10x and uses up the original input.

      Clearly if you're allowed to use your invention, the gasoline price will plummet due to massive gas copying, and there will be no motivation for people to dig oil out of the ground. Therefore we must immediately pass a law to prohibit use of your invention, raid the homes of people suspected of gasoline copying, and put locks on people's gas tanks that can only be unlocked by the oil companies.

      Right?

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    2. Re:Hello, let's imagine... by Iamthewalrus · · Score: 1

      I own a controlling interest in several corporations that own important patents on engine design. I'll just sue you into the ground to keep my income stream intact.

      Hey, making up absurdly skewed examples is pretty fun!

      --
      Help prevent the slashdot effect; stop reading the articles.
  47. Poster = Mess by Anonymous Coward · · Score: 0

    "Nor does the AP bother to mention how software piracy helped boost certain aspects of the industry in China by decreasing the cost of inputs."

    Heh, yea, steal your inputs and I suppose the cost of them would be somewhat decreased. Are you for real?

  48. Re:F*** off by dunstan · · Score: 3, Insightful

    A suitable shorthand term for copyright infringement would be useful, but "theft", "stealing" and "piracy" are all terms which already have meanings of their own: to use them for another purpose causes confusion, so I'll stick with "illegal copying". Only six syllables, and succinctly describes the exact nature of the offence being committed - making a copy of something where someone else has used the law to explicitly make such an act illegal.

    --
    The last scintilla of doubt just rode out of town
  49. Whats the big deal? by BCW2 · · Score: 2, Insightful

    Expecting a piracy story to give "all" the facts from both sides is foolish. The companies crying about piracy are the same ones advertising in that newspaper. = Lets play with public opinion!

    It's kind of like expecting a congresscritter to have a clue about anything in the tech world. Their campaigns are financed by the same companies advertising in the newspaper. = Let's get the laws written the way we want!

    Same story, different day - no news here move along....

    --
    Professional Politicians are not the solution, they ARE the problem.
  50. By all means, let's get this straight by NickFortune · · Score: 1
    But why is the anti-copyright argument always the one touted here?

    Well, first of all, I don't think it is. I think on the whole you'll find a fairly strong libertarian[1] element amongst slashdotters. This tends to emerge as opposition to anyone trying to make them do anything. SO, you know, we're not militant on the subject of copyright, but also operating system monopolies, attempts to manipulate Internet charging, censorship, civil rights in general, and interference by foreign governments.

    So I don't really thing the typical /. position is as inconsistent as you make it sound - just that you're not looking at it from the proper perspective.

    Has it ever occurred to anyone that the the content owners might need to sell the content for 2 or 5 or 10 times more than AllOfMP3.com does to actually support the industry?

    Hell yes.

    They may even have needed those margins back in the days when a recording studio couldn't be whomped up with a few egg cartons, a spare room and a decent Linux box. These days. I'm not convinced that is true. I might have more sympathy if they'd release their back catalogues at something near cost - the ones where they've already recouped their production costs. Sadly, I have grave suspicions that most of the margin is "needed" for saturation advertising of manufactured but talent free wonderkind, and to support executive coke habits. (well as long as everyone else is throwing cheap prejudicial stereotypes around...)

    Also increasingly, a lot of that money seems to be supporting lawsuits targeting randomly selected internet users. Don't even get me started on Sony BMG and the rootkit fiasco.

    In short, I reckon they could afford to shed a bit of flab and drop costs.

    If your answer is "no, they don't need all these ungodly rich Britney Spears types" etc.,and should be able to sell it for just the costs of bandwidth...

    That's not quite my objection...

    who the hell are YOU to decide that?

    Me? I'm the customer. Allegedly that makes me always right. Mind, I have to say that my argument is weakened by the fact I stopped buying CDs years ago because I thought them too expensive for what they were worth. And these days, with so much decent CC licence music kicking around, I find I'm hardly missing commercial music at all. So, that's who I am to dare to have an opinion, and what I've done about it. And since I've defended my position, who are you to suggest I shouldn't have one? Fair's fair.

    I'm not saying the trade groups aren't out for control, and maybe even aren't greedy baby-eating bastards. But this isn't binary opposition: ... Where's the middle ground?

    Well said, sir. I agree.

    But can we ignore A.A. Milne's shit that's 75 years old for a minute as an arguing point,

    Not a problem in itself...

    ...and talk about what's really at issue, which is brand new, current, and popular music and movies?

    ... but that means not only Winnie the Pooh, but we also have to ignore Mickey Mouse. And Elvis Presley, the Beatles, the orphan works problem, and the fact that the current crop of music and video is going to be in the Pooh category. Add to that the fact that the DMCA means it's probably going to stay there forever, anf whether you're in favour of it or not, I think it's relevant to the discussion.

    Otherwise, I might as well say "how about we ignore all the facts that support your side of the argument and just talk about those that make my position look good".

    I'm all in favour of finding a middle ground. Just so long as we don't shift the endpoints too far before we start looking for it.

    [1] That's in the 80's sense of the word, before it was co-opted by the Gordon Gecko fanboys, that is.

    --
    Don't let THEM immanentize the Eschaton!
  51. Asking who benefits turns up interesting answers. by jbn-o · · Score: 3, Insightful

    First, copyright infringement isn't theft. Courts know the difference and so do lawyers. Historically, the US is in no position to make the complaints some of the trade groups are making such as the classic complaint that only surfaces when our ox is gored, but not when we do the goring. The US copyright system has its roots in what is being called "piracy" here (without much critical examination of that language, I might add). The US copyright system didn't initially recognize foreign exclusive rights, so American book publishers were free to domestically commercially reprint Dickens' serials without paying Dickens, for example. Dickens didn't like that, but plenty of other people did.

    Also, some of the distortion in the argument proposed by the MPA, RIAA, and big book publishers focuses on the plight of the artist when it is actually these organizations that have no problem screwing these same artists in situations where illicit copying and distribution haven't entered the picture.

    Some forms of media we cherish were initally percieved as wrong: Radio, which you mention, was initially dismissed as "piracy". So too was cable TV, recorded performances of various kinds (analog video tape, analog audio tape, digital audio tape, digital video recorders), and sheet music.

    One thing seems clear to me through the years: the organized businesses apparently don't know their business well enough to be taken seriously when they claim the sky is falling on their business model, and it's not clear to me that the businesses are properly interpreting the intent of copyright.

  52. My dad. by JustNiz · · Score: 1

    My dad is a professional musician.
    Since time began, the record companies have always been able to totally rip-off talented artists with bad contracts because they have a death-grip on the music-industry as a whole and often artists have no viable alternative.

    the music industry is pissing its pants because their fat-cat lifestyle is finally being undermined.

  53. Time of change... by grumpyman · · Score: 1

    This period of changing (selling medium vs distributing digital data) will probably take a fairly long time - not until IP-based 'radio' and 'video' streaming becomes household and actually replacing the old technologies. By then the "little labels" will be more or less as competitive as the "big labels" for music/tv/movie. That's when the little guys and the big guys figured out a way to make money out of this new market place.

  54. not just in China by m874t232 · · Score: 3, Insightful

    Microsoft wouldn't be as big and powerful as it is today without software piracy. Even today, the fact that a lot of copies of Windows and Office are pirated is what makes Microsoft software so ubiquitous; if everybody actually paid the price Microsoft is asking, many people would likely switch to genuinely free alternatives.

    And I don't think this point is lost on Microsoft either; they could have easily piracy-proofed their systems long ago, for example, by making hardware dongles part of their PC spec. But Microsoft probably doesn't want to do that; in addition to the benefits that piracy-provided differential pricing gives them, this way, the company also has power they would otherwise not have: power to raid companies and force violators to do their bidding.

    1. Re:not just in China by Anonymous Coward · · Score: 0

      And I don't think this point is lost on Microsoft either; they could have easily piracy-proofed their systems long ago, for example, by making hardware dongles part of their PC spec. But Microsoft probably doesn't want to do that; in addition to the benefits that piracy-provided differential pricing gives them, this way, the company also has power they would otherwise not have: power to raid companies and force violators to do their bidding.

      Well, that and hardware dongles were typically extremely persnickety and caused other problems.

      The question that comes to my mind... can the new TPM chips be used as hardware dongles? (Sure sounds like it from the little that I've paid attention to.)

    2. Re:not just in China by pipingguy · · Score: 1


      Microsoft wouldn't be as big and powerful as it is today without software piracy.

      Nor AutoCAD.

  55. The problem is... by Ogemaniac · · Score: 1

    how can we have a system that lets you copy your DVD onto YOUR computer, but doesn't let you copy it on to everyone else's?

    It is irrelevant what it is LEGAL to do...when you buy media, you are agreeing to the seller's terms, which may be much more restrictive than the law...and often are. If you do not like their terms, don't buy or suck it up. To break them is illegal.

    1. Re:The problem is... by AK+Marc · · Score: 1

      It is irrelevant what it is LEGAL to do...when you buy media, you are agreeing to the seller's terms, which may be much more restrictive than the law...and often are. If you do not like their terms, don't buy or suck it up. To break them is illegal.

      Their terms are not terms of sale. They don't tell me what the terms are until after the sale. I never agreed to them. I agreed to purchase media, they agreed to sell it to me. They tell me after the sale that they didn't sell me media, they sold me a license to a work, and that they won't honor any fair use of their work, and that they will restrict my use of the purchase without my foreknowledge or consent. I would love to hear your continued defense of such tactics.

    2. Re:The problem is... by Ogemaniac · · Score: 1

      I am sure if you were interested, you could get the terms beforehand. Generally, the terms are pretty consistent anyway.

    3. Re:The problem is... by 1u3hr · · Score: 1
      It is irrelevant what it is LEGAL to do...when you buy media, you are agreeing to the seller's terms, which may be much more restrictive than the law...and often are. If you do not like their terms, don't buy or suck it up. To break them is illegal.

      People who sell goods cannot make terms to restrict what the buyer does with the item, unless there is a contract, (eg a EULA) AGREED between the parties. Not a page of small print on the packaging. And if the purchaser ignores such restrictions, it is not in itself "illegal". This is not to say the seller has no rights, but that he can't create new ones just by saying so.

      It's disturbing that people think that Sony by putting a paragraph of text on a box is enough to criminalise an action. Laws are created by governments, not companies (yes, I know about lobbyists, but they still have to go through the legislators).

  56. Piracy might be stealing but... by MarkByers · · Score: 1

    Look--piracy is stealing no matter what kind of spit shine you put on it.

    Piracy might be stealing (arrrrrr!) but what does that have to do with copyright infringement?

    Personally I think piracy should be reduced but they should probably leave it to the Navy because I don't think pirates and RIAA lawyers will get on well with each other.

    --
    I'll probably be modded down for this...
  57. The piracy phenomenon by Anonymous Coward · · Score: 0

    The piracy phenomenon is always viewed without perspective. A shift is occuring in global priorities. Fewer people have disposable income to waste on non essential items. This means that both people accustomed to such creature comforts, and those accustomed to reaping the profits of selling those creature comforts, are experiencing dissappointment. The problem is the very institutions which insist all things should be provided by the fee market, are not willing to except the free market itself has devalued its product. True pirates will never be detered, but this represents a small minority. The majority of what is currently considered piracy could be turned into legitimate profit were corporations willing to accept the market valuation of their product. Allofmp3 is a prime example. Their pricing structure is in line with what the consumer considers reasonable for the product, resultingly they maintain a brisk business.
    The corporations own short sighteted business tactics have led to the loss of disposable income. Constanct overhead reduction at the expense of employees has led to a financial bleeding of all consumers. Employees are consumers. When the people who manufacter the product cannot afford to purchase it, this is clue one there is a problem.

  58. Re:When is piracy not piracy? by Stonehand · · Score: 1

    How is it EA's problem if -you- get the media scratched, when your average person knows that compact discs are vulnerable to damage by scratching? You can't claim negligence on their part.

    If you damage part of your car through your own carelessness, when the car is functioning as designed, is it the manufacturer's problem?

    --
    Only the dead have seen the end of war.
  59. looking the other way by j1m+5n0w · · Score: 1

    Here is a representative example of what I was talking about. 14 Miyazaki films on 4 dvds, region free for $20? Something tells me that's not legit, even if the box looks believable. The seller has over 30,000 transactions, and some random sampling of recent transactions would lead me to believe that this guy doesn't sell anything but bootlegs (from what I understand, region free discs with more than 4 half-hour episodes on a disc are almost always bootlegs -- someone please correct me if I'm wrong about that), and he's been selling things for over a year. I don't know if it would be hard to catch the seller and convict him of a crime, but ebay could easily shut down his account if they received complaints. This seems rather public and blatant, not some shop in Chinatown with a hidden back room.

    1. Re:looking the other way by LordLucless · · Score: 1

      Yeah, I've seen that set for sale before, and it is a shonky one. The problem is, I was actually tempted, because that box set has been available for years, whereas legitimate, Region 4 copies of Miyazaki's films were only released here a year or so back, and some on that set still haven't been released. When you create an artificial monopoly, then sit back and refuse to sell the product to consumers who want it, then you essentially create the black market yourself.

      Note that I'm not saying it isn't illegal, and I actually never bought the set. I'm still waiting for Ocean Waves to be released out here though.

      The other thing to note about subs (although this is more fansubs than the shonky chinese subs) is that they are generally of higher quality. I'm not talking about the video - although that is pretty high these days - but about the actual subtitles. I don't speak Japanese so I can't comment on the translation, but having seen both legit and fansub copies of many series, they seem to get a similar meaning. But I've picked up numerous grammatical/spelling errors in licensed anime, whereas fansubs, if they do make that mistake, re-release it with the fix. Also, the better anime groups tend to also translate the OP/ED lyrics into both English and Romaji, and add cultural notes regarding some obscure references. I still buy the licensed versions, but in many ways, the fans do a better job than the companies distributing them.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    2. Re:looking the other way by Astarica · · Score: 1

      Well there are giant, ubiquitous pirating companies in China/Taiwan that pretty much packages everything as well as the original except for a logo of SM or whatever somewhere, and if you don't know better you'd just figure they must be whoever that packages the CDs. It is quite possible most of the buyers aren't aware of this because the US/European world simply is not accustomed to dealing with a society where 90%+ of the goods are pirated. Also, Taiwan and China gets the legal, copyrighted stuff for cheaper because the copyright owners figured since everything is going to be pirated anyway they might as well try to get whatever they can versus nothing. For example it'd be cheaper to import a legal, copyrighted manga from Taiwan compared to buying one at Japan. Of course, those items typically have a warning like 'no for resale anywhere else' but of course no one really pays attention to that. I don't think this is the case here, but it is possible to get some pretty cheap and legal stuff simply because the copyright owners have no other choice.

  60. Re:F*** off by pammon · · Score: 1
    A suitable shorthand term for copyright infringement would be useful, but "theft", "stealing" and "piracy" are all terms which already have meanings of their own: to use them for another purpose causes confusion, so I'll stick with "illegal copying". Only six syllables, and succinctly describes the exact nature of the offence being committed - making a copy of something where someone else has used the law to explicitly make such an act illegal.

    "Illegal copying" is an amoral term. If your objection to piracy is based in morality rather than legality, the term falls short. Not that I'm picking on you - there's no easy answer.

    A question for all those who reject the terms "theft" or "stealing" in this context: do you feel similarly about "identity theft" or "stolen credit card numbers?" The same arguments apply.

  61. Maybe it only works if you swear in the subject? by NickFortune · · Score: 1
    Christ, the way you fuckers insist it be called "copyright infringement" or "nonauthorized duplication" stinks of PC

    That argument is total "bullshit".

    Granted, if I left the quotes off, you'd be entitled to complain about the use of prejudcial terms without support. But since I put it in quotes (and since I did it for a reason) then apparently you're not allowed to object, right? Or did I miss something?

    Tell you what; feel free to suggest a non-prejorative term for copyright infringement that doesn't presuppose the moral outcome of the debate. If it's shorter than "copyright infringement" I'm sure we'd all be happy to adopt it.

    --
    Don't let THEM immanentize the Eschaton!
  62. Spot on!! by MushMouth · · Score: 1

    Another couple uncredible answers are...
        artists are funded by some sort of tax on broadband/media/... as soon as that happens, some politician from florida/kansas/wisconsin gets up and wonders why we should be paying 2 Live Crew, or some other wildly popular but controvesial act.
      musicians should be paid to perform, as thats where they make most of their money. There is a tier that that is true, a sort of midlevel tier that can sell out 1000 seat venues 100 nights a year, but there are many more acts below that level, that will sell 10,000 records (and since they write the songs and generally dropped their own coin to record it) actually will make 20k off those sorts of sales, but can only get 400 seat venues 50 nights a year. Without record sales at these show they are lucky if that sort of tour pays as much as a counter job at 7-11, but hey you get free beer and an 2 inch article in Spin.

  63. Re:Just So Long As You're Satisfied. by ScaryFroMan · · Score: 1

    Wow, a record company did something good, for once...

    --
    In Soviet Russia, backwards is everything.
  64. Identity "Theft" by MushMouth · · Score: 1

    It's sort of funny to compare the comments of one type of white collar crime to another. Portrait of Scammer is still on the front page. yet very few here notice any sort of parallels.

  65. Trolling over and playing dead is a good strategy? by modecx · · Score: 2, Insightful

    Hah! You say civil disobediance is a spit on the face of Democracy? I say Democracy cannot exist without civil disobediance. I say the two are forever juxtaposed. Civil disobediance is the breast from which Democracy suckles. Apathy and capitulation are the sustenances of tyranny.

    --
    Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
  66. Remember Prohibition.... by Jaime2 · · Score: 2, Insightful

    The general population usually has a good moral compass. Throughout history, if a large number of people were breaking the law, it meant that either the laws were bad or there was an oppressive government in place.
    The fact that regular people in the US can justify some form of copyright infringement means that the system is broken. The classic example is prohibition. Prohibition was created to get the country on the "right track" my "well meaning people", but all it really did was make criminals out of regular people and make organized crime a big business.
    Apparently, most of the world and much of the US feels the same way today about copyright. There is going to be a lot of proverbial breaking open beer kegs on the 6 o'clock news and a lot of public raids. Then, in 20 years, after causing a rediculous amount of pain and altering the economic lanscape of the world forever, most of the governments of the world are going to say "Oops, My bad" and enact reasonable copyright protections.
    I would really like to avoid those 20 years and get on with fixing the laws today.

  67. Roger McGuinn, Independent Artists by bobblekabobble · · Score: 2, Informative

    In the USA today article that was mentioned above, former Byrds frontman Roger McGuinn is used as an example of an artist that has made gains in his career through giving away mp3s for free. Of course, the mp3s he gives away are of his performances of old folk songs, not his new original material. Those songs are available on CDs, which he sells at his concerts. For a profit.

    The question still remains, how do less popular artists gain from the free digital music movement? If an artist sells their own self-produced recordings (CDs or MP3s, whatever) directly to the public, and these sales make up a significant part of their income, do they really gain anything by suddenly giving away their music for free?

    Lets take a New York Jazz Pianist for example. Let's call him Frank. Frank gigs constantly with four different groups all over the five bouroughs and elsewhere, and between the gigs and sales of his independently produced cds (as well as teaching/workshops) he can eek out a reasonable living. Now what if we suddenly make the whole idea of "buying music" an anachronism. Does that really help Frank?

    Obviously, huge pop stars like Beyonce or Britney would be fine, because they would get commericals and other endorsement deals, and the like. They also play sold out stadium shows, but what about independent artists who mostly play smaller venues? And if you say the public will be more likely to hear their music if its free, that just isn't really true. Tons of people had free mp3s on mp3.com back in the day, and they didn't do so well.

    Also another thought. It takes money to build a recording studio. Who's gonna pay for that? There won't even be any indie record labels or indie recording studios if they don't have anything they can sell to make a profit.

    1. Re:Roger McGuinn, Independent Artists by Anonymous Coward · · Score: 0

      I enjoy a band called the Jarflys. You've probably never heard of them but if you want to you can check them out at jarflys.com or find their music on archive.org. They play in Annapolis, Maryland all the time. Great musicians. Almost every show someone records and passes the music around. The band encourages it. They have developed a bunch of loyal fans who will buy CD's when they release them and shirts and ther stuff and go see them every chance they get. Sure, they won't get rich. But the founder of the band also has another band that was signed by a major label and sold millions of CD's He made some money but didn't get rich either. Baswicaly got screwed. But, he's shrewed enough to see the changes and the reality and knows the old record business is dying. Something new will spring up and he will find a way to make a living doing what he loves which is playing music. And he's doing it by giving his music away.

      I have a cd burner in my computer. If you sell me a CD I have the ability to make copies of it. If you don't like that then don't sell me the CD. But don't try to claim that you have some moral right to tell me what I can and cannot do with my equipment.

  68. Re:TechDirt Misses the Point by Anonymous Coward · · Score: 0

    Amen brutha.

    I love that this post got marked as Flamebait too. Slashdot is becoming a bigger joke every day.

  69. Re:F*** off by Anonymous Coward · · Score: 0

    "Illegal copying" is an amoral term.

    Correct. It's unbiased. This means both pro-copyright people and anti-copyright people can use the same term to talk about the same thing.

    However, if you bring morals into it, the anti-copyright people can't use that term without condoning the idea that illegal copying is immoral. "Theft" is a biased term that presupposes that it is wrong. This is not condusive to debate, this is conducive to insults and trolling.

    If your objection to piracy is based in morality rather than legality, the term falls short.

    No it doesn't. It doesn't say it's a bad thing, but it doesn't say it's a good thing either. It's a neutral term. Why are you so keen to force your subjective view into the language we use? It's positively Orwellian.

    A question for all those who reject the terms "theft" or "stealing" in this context: do you feel similarly about "identity theft" or "stolen credit card numbers?" The same arguments apply.

    The same arguments apply to stolen credit card numbers, and I disagree with the term "stealing" there as well. But the same arguments don't apply to identity theft. You can't copy an identity - when somebody gets a credit card in your name, they aren't duplicating your identity, they are using your original identity and you no longer have full control over it. It has, in a very real sense, been partially taken away from you.

  70. Copyright infringement != theft. by M0b1u5 · · Score: 1

    Nope. Theft deprives the owner of the item in question.

    Copyright infringement != theft.

    Idiot.

    --
    How many escape pods are there? "NONE,SIR!" You counted them? "TWICE, SIR!"
  71. When A = B, anything's possible! by krell · · Score: 1

    To put your completely erronenous conflation of "copyright infringement" and "theft" into perspective, here is an example of what you just said, but I have substituted two entirely different crimes than the one you mentioned:

    "I put "murder" in quotes in my post for a reason. Christ, the way you fuckers insist it be called "retail fraud" or "shoplifting" stinks of PC in the vein of "illegal criminals" to high heavens."

    --
    Where were you when the voynix came?
  72. Re:TechDirt Misses the Point by fatdog789 · · Score: 1

    Wow. I got marked as flamebait for that? I used to come to Slashdot for the inciteful commentary, but now it's worse than Digg. At least Digg is updated round-the-clock. I guess there's a reason I've stopped visiting Slashdot more than once a week...

  73. ownership of ideas? by KwKSilver · · Score: 1
    Modern changes like mass production and digital communication, have also shifted the economy from valuing physical labor, to valuing IP. Hence the focus of ownership has also shifted from physical objects to ideas.
    And that is scary as hell. If the wealth of a country is tied up in "IP" it can be lost for the cost of a few hundred (or thousands) $ worth of CDs. More frightening still, if ideas are wealth, then to cement control of wealth, the "IP" "owners" must ultimately assert absolute and unbreakable control over the thought processes of the rest of us. Should the Disneys etc. be allowed to lobotomize people to protect their "IP"? It doesn't necessarily end in a 1984-ish nightmare, either, as to judge from current trends, the more likely end is the insipid utopia of Huxley's Brave New World. Just my 2 cents.

    Oh ... and before anyone wants to point the finger at me, I am a published author in my field. The idea that my copyright should survive my death is absurd. Let my heirs do what I did: get an education, get a job, and support themselves--rather than being drones!
    --
    If you want your life to be different, live it differently.
    1. Re:ownership of ideas? by servognome · · Score: 1

      And that is scary as hell. If the wealth of a country is tied up in "IP" it can be lost for the cost of a few hundred (or thousands) $ worth of CDs. More frightening still, if ideas are wealth, then to cement control of wealth, the "IP" "owners" must ultimately assert absolute and unbreakable control over the thought processes of the rest of us.

      That makes the assumption that culturally and economically the world does not change. An economy based entirely on wants, is fundamentally different one that also must take care of needs. Think along the lines of Star Trek replicators, where physical objects are trivially created. What is the impact of piracy when you no longer threaten someone's means of survival (as is the case right now)? Socially there may be a shift to something like an Open Source model where it does not hurt you to share, and it actually may be benificial.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  74. Does "exclusive right" not make sense? by mark-t · · Score: 1

    When people pirate copyrighted works they steal (yes, as in take away) a small part of the copyright holder's exclusivity on the right to copy. Individually, the damage is negligible, but collectively it can be quite dramatic. This damage is not financial, it is damage to the copyright system itself, and ignoring copyright restrictions is only going to cause crap like DRM to be shoved down our throats whether we want it or not.

    1. Re:Does "exclusive right" not make sense? by Maximum+Prophet · · Score: 1

      Well, pummel me with and ugly stick. I've had real music really stolen from me. Thieves broke in and stole 1/3 of my CD collection as well as my best tape deck and reasonably good speakers. I didn't own the copyrights, but I did own the disks. (way before copying CD's was cost effective.)

      As far as I'm concerned, those disks are gone. Some were rare and out of print. I really would have much appriciated it if those thieves had just copied the disks and left me with the originals.

      I've sold software before. I've also released it as shareware and freeware. I don't know about you, but I don't feel a disturbance in the force whenever someone copies my stuff with or without permission. I do however, still miss the things that were stolen from me.

      Copyright infringment is *not* stealing. As long as copying is possible, people will try to make it impossible.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    2. Re:Does "exclusive right" not make sense? by mark-t · · Score: 1
      Yes, it is stealing.

      What it is stealing is more ephemeral than money or goods, however.

      But it is stealing nevertheless.

      Copyright infringers are taking away some of the copyright holder's _exclusivity_ on his right to copy, which is a fundamental premise of copyright.

  75. I wonder by EZLeeAmused · · Score: 1

    What percentage of people who advocate piracy actually produce anything themselves that someone would want to pirate? I'm sure that there are some, but just based on averages it's pretty certain that most of these people have never lost a potential dollar to someone who just got a bootleg copy rather than paying for the product of their labor.

    --
    Some see the vessel as half full; others see it as half-empty; We pour it out on the floor and laugh
  76. Mod parent up by p3d0 · · Score: 1

    Well said.

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  77. No, moral relativism is... by hackwrench · · Score: 1

    What I believe is morally right is okay and what you believe is morally right is okay.

  78. Re:When is piracy not piracy? by dkarma · · Score: 1

    Considering I never said it was EAs fault that the disk got scratched your point is irrelevant. I was looking to get a replacement disk. I paid to use the program and I should be able to. In addition the music that the RIAA makes most of its money off of is top 40s crap. Teenagers and housewives look for that crap on p2p sites. You obviously don't realize that they pay more for marketing on that crap than on the actual product itself...by your logic I should have to pay them for showing me a commercial...hell the expenses came out of thier pockets right??!?! IMO after 10 years EVERYTHING should be public domain. Hell they give it away over the airwaves in the first place for free. Just because someone isn't getting the $$ they used to won't make me care. Your defense of a bunch of rich pricks w/ fancy pieces of paper amuses me. I make 15k a year and if my daughter wants to listen to that NSYNC crap for a week before she goes out and wastes my $$ on the CD then am I supposed to care? Seriously. Like you've never stolen a CD before. High and mighty is laughable.

  79. Re:When is piracy not piracy? by dkarma · · Score: 1

    i didn't lose the reg code....the disk was fucked...big difference. Either way they never responded to over 3 requests. Whatever though THANKS TO AN ONLINE COPY I DIDN"T HAVE TO WASTE THEIR TIME AND MONEY.... Case in point.

  80. your parallel isn't a parallel.. by YesIAmAScript · · Score: 1

    You steal a companies' work and then they forgive you.

    In your parallel, you suggest a company should ask you what bands you already know about that they should sign. In this case, you are listening to (and not paying for, I guess) music they don't own and they're asking you if they should own it.

    First of all, why would you want them to own it? Second of all, if they should ask people what bands to sign, the bands wouldn't want to sign, because they would already have an audience. Why give 90% of your profits away if you already have a fan base big enough for labels to pay attention to?

    So, what unsigned artists do you listen to anyway?

    --
    http://lkml.org/lkml/2005/8/20/95
  81. Metalica by klang · · Score: 2, Insightful

    The history of Metalica includes a lot of live concerts and a lot of bootleg recordings of those bootleg concerts. Theese recordings were the basis and reason for Metalica's success.

    Of course, a band that sucks balls, would not have success. (One can argue the point about Metalica, but a lot of people seemed to like them at some point in time)

    Will the world be a worse place, if the industrialized crop of music couldn't be sold, whatever the cause?

  82. Mod up! by Sattwic · · Score: 1

    > Apathy and capitulation are the sustenances of tyranny. One of the rare breed of eloquent sentences seen on full blue moon days on /.

    1. Re:Mod up! by modecx · · Score: 1

      Yeah, and I even mispelled disobedience multiple times!

      D'oh!

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
  83. Is Copying Beneficial to Creator? Ask Linus by cyberscan · · Score: 2, Informative

    The U.S. Constitution made provisions for copyright (for a limited time) in order to allow society to benefit from USEFUL works. It was originally meant to give the creator of said USEFUL works a LIMITED monopoly on distribution. The idea was to make it worthwhile to the creator for producing USEFUL works by allowing him or her to recover the cost of creation and production. Much of the stuff that is released by the media cartels is not useful but rather detrimental to society. The reason why copyright infringement is so predominate is because copyright has been ABUSED.

    Another question one may want to ask is, "Can a person who releases his or her work so that is can be freely redistributed make money?" This is a question one may want to ask Linus Torvalds. Here is someone who has both money and fame for something he set up to be freely redistributed. The copyright issue is not going to be resolved by the courts or new laws. It is going to be resolved by the marketplace. If a cheap subsitute for petrol is discovered or if a cheap and simple way to increase the fuel mileage of vehicles is published, then the price of petrol will decrease drastically even if there are laws put in place to ban the way of increasing fuel efficency or petrol substitute. People tend to want to do what is right and beneficial - especially when doing so is practical. It is practical for some people to use and/or produce open source products. Many people make money doing so. It is also practical for many to use Linux. Other people find it more practical to spend lots of money in order to use Microsoft products. Microsoft products are pirated rampantly, yet Microsoft thrives on selling operating systems and office software. Open source software is also rampantly copied and shared, and companies thrive on selling open source products such as Linux.

    When I intend to use commercial software on a regular basis, I buy it even when I can copy it from somewhere else and use it for free. I bought Windows XP and use it on one (of 32 computers I own) computer. If I have to replace the motherboard on the computer and Microsoft refused to reactivate Windows, I would download a hack to reactivate Windows XP without hesitation and not feel a bit guilty for doing so. Is this considered copyright infringement? YOU BET IT IS!!! However, I bought the product and refuse to be ripped off. Would I copy the Windows XP CD and give it to another? No, I would not. However, I do not consider copying Windows 98 and redistributing it wrong (No, I haven't done so) because of the fact that 1. Microsoft no longer sells '98 or supports it and 2. Microsoft has had over seven years exclusive copyright in order to make is money back as well as a handsome profit.

    A LIMITED copyright on USEFUL works serves both producer and consumer very well, however, when the balence of power shifts entirely to the copyright owner and copyright becomes unlimited then there will be a backlash when it is feasable. This backlash is occuring in the music, software, and movie industries. Copying can be beneficial to both copyright owners as well as customers. I both download for free and purchase music, movies, and software. I do not however, buy product from members of the RIAA, BSA, or MPAA. I do not like bullies nor will I support them.

    1. Re:Is Copying Beneficial to Creator? Ask Linus by DaveV1.0 · · Score: 1
      Wow, start off with a complete lie.
      From Article I of the Constitution of the United States of America:
      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

      Note that there is nothing about allowing "society to benefit from USEFUL works". Rather, it is "to promote progress of science and useful arts".

      Much of the stuff that is released by the media cartels is not useful but rather detrimental to society.

      Prove that statement.

      The reason why copyright infringement is so predominate is because copyright has been ABUSED

      You state that copyright has been abused, but give no example of how. You state that copyright infringement exists because of copyright abuse, but which came first? I remember a time when computer software did not come with copy controls. People would make copies of software and give them to friends, post them on BBS systems, etc. As a result, companies started instituting copy controls. Looks to me like any alleged copyright abuses exist soley because of copyright infringment.

      Another question one may want to ask is, "Can a person who releases his or her work so that is can be freely redistributed make money?" This is a question one may want to ask Linus Torvalds. Here is someone who has both money and fame for something he set up to be freely redistributed.

      Yes, let us ask Linus how much he has made directly from the free release of Linux. Linus, how much money did you get directly from Linux, not from jobs received because you wrote the core of Linux, but just from the actual Linux code?

      If a cheap subsitute for petrol is discovered or if a cheap and simple way to increase the fuel mileage of vehicles is published, then the price of petrol will decrease drastically even if there are laws put in place to ban the way of increasing fuel efficency or petrol substitute.

      This is completely incorrect. If either of the two event you mention came to be, the price of petrol may decrease due to decreased demand, but it will not drop drastically until there is significant penetration of the technology. Interestingly, the price of the "cheap substitute" would increase as demand increased, especially if demand outstrips supply.

      The article referenced above boils down to "the ends justifies the means and screw the people's who work that is being copied" and you comment is full of lies, half-truths. Or, perhaps you are just ignorant.
      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  84. Piracy helped Microsoft establish their empire. by master_p · · Score: 1

    Microsoft allowed anyone to copy their flagship products (Windows and Office) from '90 to the mid of this decade...and now that the world largerly depends on them, they want to stop piracy.

  85. Bollocks! by Anonymous Coward · · Score: 0

    NOTHING has been taken. If I laugh at you, I have not taken "a bit of your pride", though you may not have as much pride in yourself as you used to.

    And why is damage to the copyright system bad? Damage to a Facist dictatorship isn't bad.

    1. Re:Bollocks! by mark-t · · Score: 1
      Yes... something has been taken. Not financial, but something nevertheless.

      Exclusivity.

      The one thing that makes copyright mean anything at all.

      The copyright system isn't broken. People's attitudes are when they think they aren't hurting anyone. TAANSTAFL.

  86. My favorite model by Aceticon · · Score: 1

    My favorite model is what i call try-and-buy (just made the name up, feel free to find a beter one). It works like this:
    - Download the music, movies, games from the Internet
    - If you like them, buy them
    - If you don't like them, stop using them

    For someone like me (and hopefully many others here in /.), the problem is not one of lack of money to pay for content, it's one of being decieved once too many by sleazy industry tricks such as:
    - Music CDs whic have only 1 good track (which has been hyped-up by radio) but cost full price.
    - Music CDs that won't play in some CD Players and which are hard to rip to MP3s so that i can listen them in my MP3 player.
    - Games which have been hyped up by the media but turn out to be: not-really-that-fun / short / buggy / hindered-by-needless-copy-protection or in general not worth the money.
    - Movies released at different times in different regions.
    - Technology to artificially regionally segment markets so as to inflated prices in some markets (ie, Region Code in DVDs).

    The method i described combines some level of consumer protection (since both the content producing industry and the media industry - which promotes the content - have shown themselfs not to be in any way trustworthy) with paying content producers for the content one does use and enjoy, NOT for content one neither uses nor enjoys.

    In other words - reward those who make products that do satisfy their customers and NOT those that try to scam their customers.

  87. How specious can you get? by plasmacutter · · Score: 1

    I believe you're referring to the Statute of Anne and the Licensing Act of 1662. It is no coincidence that these came about at around the same time as the printing press.

    youre damned right it was no coincidence, the crown was pissed off at all this "free speech" jazz, so they instituted "copyrights" to try to choke off dissidant speech which they "disagreed" with..

    Pirating software and music and giving it away without accepting cash payment was, generally speaking, legal in the past because it simply wasn't feasible to make massive quantities of software or music and give them away for free. As with the subject of copying printed works in the days before the printing press, it was a non-issue

    false. people have been able to cheaply record thigs as long as i've remembered. The government explicitly approved of this en masse copying by the general public in both the betamax case and the AHRA (1992) which explicitly stated that personal recording was allowed, and people could copy whatever the heck they pleased and give it to whoever they pleased so long as it was not commercial. The only reason p2p sharing was not included in this was a loophole in the law, not becuase the law as "changing with the times".

    I repeat it has been painfully easy long before the computer, the RIAA considered home taping an issue as did the mpaa, and they didnt die because of it like they screamed that they would.

    "Our ancestors didn't need copyright laws, so we don't either" is a good rallying cry for P2P enthusiasts, but it breaks down on inspection. Those same P2P enthusiasts are likely very grateful for the new laws that protect them in the countless other parts of life where technology has continuously improved.

    what laws? If there were other laws analogous to copyright, then companies like ford would not be allowed to use robots in their plant because it would "destroy the autoworker industry".

    You cannot use things like vehicle codes or perishable food laws as examples.. there is a distinct difference between protecting public order and protecting the pocketbooks of a priveledged elite.. This is the most intellectually dishonest thing i've seen since the ISP astroturfing campaigns surrounding net neutrality.

    Copyright law protects us all.
    and by "us all" you mean the fatcats at the **AA cartels who probably pay you to lobby for them.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:How specious can you get? by Oligonicella · · Score: 1

      "the crown was pissed off at all this "free speech" jazz"
      While the crown might have been pissed at that, it was not the reason for the law. Read up.

      "people have been able to cheaply record thigs as long as i've remembered."
      So you're not that old. Your second paragraph illustrates this. Copyright is MUCH older.

      "there is a distinct difference between protecting public order and protecting the pocketbooks of a priveledged elite.."
      And there is a distinct difference between drawing an analogy -- however shaky -- and stating a falsehood as if it were the truth too.

      "who probably pay you to lobby for them."
      Ah, ad hominum. The resort of the badly outclassed.

    2. Re:How specious can you get? by plasmacutter · · Score: 1

      "the crown was pissed off at all this "free speech" jazz"
      While the crown might have been pissed at that, it was not the reason for the law. Read up.


      I learned this from a harvard professor, if you want to disprove me you have to actually cite a disproof.

      "people have been able to cheaply record thigs as long as i've remembered."
      So you're not that old. Your second paragraph illustrates this. Copyright is MUCH older.


      you can't find fault in my point, so you attack my age.. nice try, but a valid argument please.

      "there is a distinct difference between protecting public order and protecting the pocketbooks of a priveledged elite.."
      And there is a distinct difference between drawing an analogy -- however shaky -- and stating a falsehood as if it were the truth too.


      it's not a shaky analogy.. it's a false and intellectually dishonest one. As for my statement.. the proof is in the million dollar salaries going to RIAA/MPAA lobbyists. If they were not the priviledged elite they wouldnt be able to pay those people.

      "who probably pay you to lobby for them."
      Ah, ad hominum. The resort of the badly outclassed.


      badly outclassed, or just tired of intellectual dishonesty?
      Honestly, the only people who go about thinking up the kind of twisted falsehoods this guy uses are lobbyists for those cartels or people who are benefiting from the cartels and are looking for a way to rationalize their immoral position.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  88. It is called "fraud" and has been a crime by Ogemaniac · · Score: 1

    since the beginning of law. When you buy media, you are making an agreement to abide by certain terms. If you do not follow your promises, you are breaking very basic laws that exist virtually everywhere.

    If you do not like the license agreement, by all means shop elsewhere. There is far more media in the world than you could possibly consume in a thousand lifetimes (and growing). You don't need THAT song or movie.

  89. Re:Yes, you idiot, it's defined in US Code as "the by astralbat · · Score: 1

    I notice while watching many DVDs here in the UK, the movie companies have a clip before the feature that tries to give a clear message that piracy IS "stealing". This infuriates me because they are playing on the weak minded who will end up believing it.

  90. why do you need the industry by enjahova · · Score: 1

    You point out many flawed arguements pirates make, but you are basing your entire arguement on the flawed premise that things HAVE to be the way the are for music to be created. You think it takes 10 layers of middlemen to get CDs to the public, you think you only deserve $.20 per album because the RIAA is protecting you. Sure you aren't brainwashed, those choices just might be the best ones you could make at this moment.

    What you don't see is how the internet and its technologies (pioneered by pirates) are creating opportunities for artists to make some money, build fan bases and gain credibility without the industry. These artists will be the future because they are undercutting the beast that is the industry. I think that is really what people are scared of. They can not fathom a world where big money doesn't determine success, where middlemen can't "pay the mortgage" and Nielson doesn't determine whats hot.

    This is why I'm not worried about music or copyrights, because there is no leash on these "myspace" artists. Copyrights are way more restrictive than just making sure people buy cds, they also limit sampling and other creative uses. These up and coming independant artists are sampling and reusing the culture around them far more than ever before, probably a lot of it has to do with digital technology. There are way to many to sue, just like the pirates, and they are actually creating new music.

    I hardly ever pirate now, but thats only out of laziness, I don't really care what happens when I pirate industry music, because I don't really care about the industry. They've fucked over artists and consumers for long enough. I'm just sitting back and enjoying watching them slowly crumble while jamming out to so independant artists on their myspace page.

    Fuck the RIAA, Fuck the MPAA. We don't need them to make art, I've already seen it.

    --
    "how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
  91. Re:When is piracy not piracy? by Karthikkito · · Score: 1

    Except that you're paying for the license to access the software, not for the disks themselves. If the disks get scratched, the company should replace the disk because the license - what was actually paid for - is still valid. It's in no way like a car because in that instance, you're paying for the physical car itself and implicit in that is the right to its use. With cd's, having the disk does not imply that you can use it - see site licenses where you still only get one cd. Now of course, if the EULA states that in accepting the license, the customer losesall right to get new copies of the cd, well...

  92. Re:F*** off by pammon · · Score: 1
    >If your objection to piracy is based in morality rather than legality, the term falls short.

    No it doesn't. It doesn't say it's a bad thing, but it doesn't say it's a good thing either. It's a neutral term.

    Assume, for the sake of argument, that allofmp3 was found to be legal, and that it also did not pay any money to the artists or labels. Then downloading from allofmp3 would not be "illegal copying," but would still be subject to the same objections. That's the sense in which "illegal copying" is a poor term - it may very well include legal activities. Conversely, ripping your purchased DVDs to your computer so you can watch them on your laptop might be illegal copying - but I would not include that activity in whatever-we-end-up-calling-piracy.

    I sympathize with your point, but copyright law is a balance between conflicting rights. A good name will, by necessity, presuppose that the balance at least exists.

  93. What are you smoking? by 1u3hr · · Score: 1
    When you buy media, you are making an agreement to abide by certain terms.

    No, you are not. What an amazing concept. Fraud? WTF? You're just making stuff up.

    The only "certain terms" are those provided by law, not the whim of the publisher.

    You don't need THAT song or movie.

    If I've paid for it, I have certain rights, under fair use; right of first sale, etc, in most countries, regardless of what small print the publisher pastes onto the package. If he doesn't want people to use it, he shouldn't sell it.

    1. Re:What are you smoking? by Ogemaniac · · Score: 1

      You are breaking a legal agreement that you have concented to (or willfully ignored). That is fraud.

      You have no "rights" in this matter whatsoever. Your supplier can push any agreement on you that they want. The only right you have that is relevant is the right to walk away.

    2. Re:What are you smoking? by 1u3hr · · Score: 1
      You are breaking a legal agreement that you have concented to (or willfully ignored). That is fraud.

      What "agreement"? What "consent"?

  94. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  95. Moral questions = meaning does not matter? by krell · · Score: 1

    "it could easily be argued that the legal stance (that copyright infringement is not theft) is not a moral one"
    This is an interesting and new form of language abuse abuse. The idea that if it is a moral issue, it does not matter which words are used to describe the crime, even if they have nothing to do with each other. Morally, is there no difference between rape and murder? Between kidnapping and arson? If this is true, then does your whole argument rest on the assertion that if it is bad, it does not matter which words are used for it?. Here's a good example of what you are advocating: "I saw a guy run a two red lights this morning. I hope the cops catch up with him before he rapes again." or "Your honor, I know he's a drug dealer. I have proof: I took a photo of him scratching my car door."

    --
    Where were you when the voynix came?
  96. Re:Moral questions = meaning does not matter? by aybiss · · Score: 0

    LOL, obviously that is what I posted for. I just can't handle all these different classifications for things in the real world.

    Which came first, the idea of theft, or the legal definition? No wait a minute - in the minds of slashdot karma-whores there is no distinction. In any case it won't matter since despite anybodies good intentions the original argument never stands. Oh well, never mind.

    LMAO. People actually can't understand where I'm coming from, and that is really sad. Worse yet I get to put up with morons who can't string my arguments together let alone counter them.

    Would it make you happy if I said that copyright infringement is not theft?

    Would it make you realise what an idiot you are if I said once again that I never thought they were?

    --
    It's OK Bender, there's no such thing as 2.
  97. Re:Moral questions = meaning does not matter? by krell · · Score: 1

    "Which came first, the idea of theft, or the legal definition?"

    The idea of theft involves (prepare for a shock now): STEALING. No stealing, no taking, no theft. I really am not sure what the legal definition is. Laws vary, anyway.

    "People actually can't understand where I'm coming from, and that is really sad."

    Hold that thought. I'll deal with it below.

    "Would it make you happy if I said that copyright infringement is not theft?"

    Do you really think that it makes people understand where you are coming from when you all of a sudden argue the opposite of what you have been saying all along?

    "Would it make you realise what an idiot you are if I said once again that I never thought they were?"

    Your messages have argued that you thought they were. At least, up until now, when you reversed yourself.

    --
    Where were you when the voynix came?
  98. The root troll by krell · · Score: 1

    "Quote something. Anything. Who deliberately misled who? QUOTE SOMETHING"

    Here is the root troll. I went to the top of this news item, searched for the first occurance of the word "theft". I found this quoted in someone else's message: "Let's look at the simple black and white of the matter. Piracy is theft. Whether you agree with it or not, it's theft.". The parent contained the actual statement. The parent was modded -1 Flamebait. Quite justifiably: the statement was an incorrect one, intentionally designed to mislead and cause strife. There are others, but this was the first troll for this item.

    --
    Where were you when the voynix came?