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BitTorrent Site Admin Sent To Prison

Marc wrote in with a Torrentfreak story which opens: "The 23 year old Grant Stanley has been sentenced to five months in prison, followed by five months of home detention, and a $3000 fine for his role in the private BitTorrent tracker Elitetorrents. This ruling is the first BitTorrent related conviction in the US. Stanley pleaded guilty earlier this year to 'conspiracy to commit copyright infringement' and 'criminal copyright infringement.' He is one of the three defendants in the Elitetorrents operation better known as 'Operation D-Elite.'"

685 comments

  1. "What are you in for" by Anonymous Coward · · Score: 5, Insightful

    Rape

    Murder

    Theft

    Or..

    Drug posession

    Helping people download music

    1. Re:"What are you in for" by MobileTatsu-NJG · · Score: 4, Interesting
      Rape

      Murder

      Theft

      Or..

      Drug posession

      Helping people download music


      Uh.. this raises a question: Would he go to a prison with rapists, murders, and other violent people or would he go somewhere where he'd sit and think about what he did instead of worrying for his life?
      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    2. Re:"What are you in for" by Propaganda13 · · Score: 5, Funny

      "And creating a nuisance." And they all came back, shook my hand,
      and we had a great time on the bench, talkin about crime, mother stabbing,
      father raping, all kinds of groovy things that we was talking about on the
      bench.

    3. Re:"What are you in for" by veganboyjosh · · Score: 1

      i don't think they send you to rape-me-in-the-ass prison for stuff like this.

    4. Re:"What are you in for" by Xzzy · · Score: 5, Funny

      Uh.. this raises a question: Would he go to a prison with rapists, murders, and other violent people or would he go somewhere where he'd sit and think about what he did instead of worrying for his life?

      Dude, your terminoligy is wrong. Let me rephrase in a way more people will understand:

      Uh.. this raises a question: Would he go to federal pound me in the ass prison, or white-collar resort prison? (did you know they have conjugal visits there?!)

    5. Re:"What are you in for" by anagama · · Score: 4, Funny

      think they had glossy 8x10s screen shots?

      --
      What changed under Obama? Nothing Good
    6. Re:"What are you in for" by westlake · · Score: 4, Informative
      Uh.. this raises a question: Would he go to federal pound me in the ass prison, or white-collar resort prison? (did you know they have conjugal visits there?!)

      The federal prison system does not allow conjugal visits. Conjugal Visits

    7. Re:"What are you in for" by GizmoToy · · Score: 1

      A missed Office Space reference? I'm shocked.

    8. Re:"What are you in for" by Anonymous Coward · · Score: 0

      That's the problem. The American justice system is so out of proportion that it might as well be "blow your brains out and then you may understand it" prison. If I am some sick fuck and I go out and rape a 14 year old, I might get 5 years. This depends on your jurisdiction. On the other hand, hell, copyright infringement is FEDERAL and we're all fucked!

    9. Re:"What are you in for" by LilGuy · · Score: 1

      I can't say I know anyone that has been to any prison that allowed conjugal visits...

      --

      You're nothing; like me.
    10. Re:"What are you in for" by Anonymous Coward · · Score: 0

      An Eron exec would go to a "Club med" prison like the one at Montgomery AF base. These are used for people who have political clout or lots of money or in some way are above the rest.

      If the RIAA has any say, and with their influence it's a given, this guy will probably go to to a stinky, nasty, "pound me in the ass" prison.

    11. Re:"What are you in for" by snuf23 · · Score: 1

      That's pretty awesome that the government has a page stating no conjugal visits. One wonders if it came about as a result of Office Space or if the question of conjugal visits has been frequently asked for longer.

      --
      Sometimes my arms bend back.
    12. Re:"What are you in for" by mrchaotica · · Score: 1

      ...well, not that shocked.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    13. Re:"What are you in for" by Redlazer · · Score: 3, Funny
      Honestly, i think its reasonably safe to assume that most prisons are rape-me-in-the-ass-prisons.

      I mean, i doubt if someone is GOING to rape you, one of the other inmates is going to tap him on the shoulder and say "Excuse me, but we just really don't to do that here. Sorry. Take it to maximum security."

      -Red

      --
      Guns don't kill people, "with glowing hearts" kills people.
    14. Re:"What are you in for" by networkBoy · · Score: 2, Funny

      There really is no other type.
      And it's "pound me in the ass prision"
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    15. Re:"What are you in for" by MonkWB · · Score: 1

      Right under the summary is the advertisement about getting out of IT prison. I sort of laughed at the situation and then felt bad for the guy.

    16. Re:"What are you in for" by Null+Perception · · Score: 2, Funny

      I think you meant to say 'Pound-me-in-the-ass prison'

      --
      Great new book on Evolution: The Greatest Show on Earth by Richard Dawkins
    17. Re:"What are you in for" by livewire98801 · · Score: 3, Insightful

      IIRC, you only get the 'pound me in the ass' in prison, and prison is only for those sentences over a year in most places. He'll get county lockup for this one, I'm pretty sure.

      --
      "He may be mad, but there's method in his madness. [...] It's what drives men mad, being methodical." G.K.Chesterton
    18. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Normally for shorter incarcerations you'd go to jail, not prison. I know in Canada, if you get sentenced to 2 years or over, you go to a federal prison. Which is why people often get sentenced to 2 years less a day, so they get punished, but stay away from murderers, rapists, etc.

      Same thing applies in the states, I just don't know how long a sentence you need to go to prison. By the sounds of the article 5 months is enough! Scary...

    19. Re:"What are you in for" by lavish_dane · · Score: 1

      In these conjugal visits, you can have sex?

    20. Re:"What are you in for" by offput · · Score: 1

      I think the funniest aspect of this thread is how many people are correcting him with "pound-me-in-the-ass prison"

    21. Re:"What are you in for" by rucs_hack · · Score: 1

      Millhouse's Dad?

    22. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Helping people get laid

      Assisted suicide

      Helping people get rid of their junk

      Drug possession

      Helping people distribute copyrighted material

    23. Re:"What are you in for" by Tdawgless · · Score: 0

      It's "pound-me-in-the-ass-prison". :|

    24. Re:"What are you in for" by PerlDudeXL · · Score: 2, Interesting

      Yes, if you believe the cinema marketing commercials here in Germany.

      Content:

      Some young dude is sent to his cell and as he walks by two cliche criminals/thugs discuss
      who can have him first.

    25. Re:"What are you in for" by SpooForBrains · · Score: 1

      With circles and arrows and a paragraph on the back of each one, 'splainin' what each one was ...

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    26. Re:"What are you in for" by Burning+Plastic · · Score: 1

      ...it was a typical case of American blind justice, ... the judge wasn't going to look at the twenty seven eight-by-ten colour glossy pictures with the circles and arrows and a paragraph on the back of each one 'splainin' what each one was to be used as evidence against us. And we was fined $50 and had to clean the malware off the PC in the snow...

      --
      [All Your Fish Are Belong To Us]
    27. Re:"What are you in for" by SpooForBrains · · Score: 1

      Here in the UK, they've taken the angle that money put into the pirate "industry" (usually DVDs, but I imagine they'll lump it all in together) goes directly into organised crime and people trafficking. OK, I can buy that argument, to a point. It makes sense that the sort of crimes that are basically funding exercising for serious crimes of that nature should be cracked down on, and hard.

      This guy, though, sounds about as far from that world as you can get. It seems to me the US centric *AA angle is all about the money.

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    28. Re:"What are you in for" by SpooForBrains · · Score: 1

      I'm about thirty years too young for this song, but maybe we should bring back the Alice's Restaurant Massacree in four part harmony as the rallying cry for our disenfranchised generation. All right, maybe our cause isn't as noble as stoppin' war an' stuff, but can you imagine maybe fifty people a day. fifty people a day walking into the RIAA offices, singing a bar of Alice's Restaurant and walking out? Folks, they may think it's a movement.

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    29. Re:"What are you in for" by Lex-Man82 · · Score: 1

      Yeah the judge, jury and prison guards all used his site so he's pretty happy right now.

    30. Re:"What are you in for" by kaiidth · · Score: 1

      Yeah... I saw that advert.

      They might as well have just put, 'screw us as hard and as fast as you can, because we'll screw you if we get half a chance'.

    31. Re:"What are you in for" by Googler · · Score: 1

      What can the American public afford? I don't think we'd get much of a budget passed with such a nice (read humane) jail up for debate.

      --
      Googler
    32. Re:"What are you in for" by hahiss · · Score: 2, Insightful


      Yeah, my initial thought after reading this piece was "Man, am I glad that guy's gonna be in jail! Now we're all totally safe to walk the streets."

      --
      "Every decent man is ashamed of the government he lives under." - H.L. Mencken
    33. Re:"What are you in for" by DMorritt · · Score: 0

      who cares? as long as he records it and puts it online ... at least thats copywright free

    34. Re:"What are you in for" by slim · · Score: 4, Informative

      There really is no other type.

      In the UK there are "Open Prisons": low security places for low-risk criminals. Armed robbers, gangsters, murderers, rapists etc. go in high security prisons, while perjurers, embezzlers, tax avoiders, shoplifters, manslaughterers by negligence and, er, copyright infringers are put in open prisons.

      As I understand it, in an open prison, you're locked in a cell -- more like university accommodation than a barred cell like in Prison Break -- for stretches of time, but if you wanted to escape, you could just wander off during the time you're not locked up. Very few people do escape, because when you're re-apprehended, your original crime is trumped by the worse crime of escaping from prison, and this time you get put in a far more unpleasant high security jail.

      Isn't there something similar in the US?

    35. Re:"What are you in for" by Anonymous Coward · · Score: 0

      You americans are plain stupid for letting this happen. You have no control of any kind on your goverment, not making pressure, neither voting. You don't know what a real manifestation is nowadays. You are so focused in your work and making your country strong that you forget about yourselves, you forget that isn't you who's becoming strong, but the people at the top that don't give a shit about you. Some of you think that you're at the top, but you aren't. You are manipulated by the rich owned media. Microsoft or any other company makes bigger copyright infringements than this one, and patent infringements too, but I didn't see any MS guy going to jail for that. I hope the world isn't going where the US wants it to go, and i'll fight against the local and foreign greedy bastards like the ones in your goverment.

      If something like this would happen in my country, I would fucking manifest and protest until I break every RIAA office.

    36. Re:"What are you in for" by Arivia · · Score: 1

      It's common enough that there's some wonderful slang for it: "a deuce less". I'm spending about half of my days every week up to my arms in prison literature right now; it's surprisingly good.

      --
      The role of the writer is not to say what we can all say, but what we are unable to say. -Anais Nin
    37. Re:"What are you in for" by indifferent+children · · Score: 2, Funny
      The federal prison system does not allow conjugal visits.

      Sure it does; your cellmate can conjugate you all night long. The showers are affectionately called "conjugamania".

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    38. Re:"What are you in for" by rjmx · · Score: 2, Informative
      You want to walk in singing a bar of Alice's Restaurant?


      They'd probably sue each of you for copyright infringement. Performing a song in public without the permission of the copyright holder and all that.....

    39. Re:"What are you in for" by indifferent+children · · Score: 4, Funny
      money put into the pirate "industry" ... goes directly into organised crime and people trafficking

      That's for the street vendors and back-alley shops selling physical media. How much money do you think the Mafia or Al Quaeda gets when someone downloads a thousand songs for free? If they want to cut-off the flow of money to the criminals, they should promote profitless online file sharing.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    40. Re:"What are you in for" by jarich · · Score: 0, Troll
      Helping people download music

      You mean " Helping people steal music

    41. Re:"What are you in for" by alienw · · Score: 1

      WITH WOMEN!! Get your Office Space references straight.

    42. Re:"What are you in for" by Brobock · · Score: 1

      He was only sentenced to 5 months, I highly doubt he will be sent up the river. Probably county jail for that period of time. And if he did go to prison which usually requires 1 year and a day on your sentence, he would be sent to minimum.

    43. Re:"What are you in for" by k31 · · Score: 1

      Btw, all of this talk started with a quote from Office Space...

    44. Re:"What are you in for" by MicktheMech · · Score: 1

      That sounds Canadian where the threshold is "two years less a day". The Americans seem to be saying it's only a year and a day over there.

    45. Re:"What are you in for" by Chineseyes · · Score: 1

      Being that its a federal case county lockup is probably out of the question.

      --
      I think the invisible hand of the market has its middle finger extended

      --A wise old fart named SC0RN
    46. Re:"What are you in for" by Vr6dub · · Score: 1

      Yes, except they call them "work camps" or half-way houses.

    47. Re:"What are you in for" by computational+super · · Score: 2, Funny

      Well, whatever that's an advertisement for, I gotta get one!

      --
      Proud neuron in the Slashdot hivemind since 2002.
    48. Re:"What are you in for" by Chineseyes · · Score: 2, Interesting

      You know I have been telling people this exact same thing in relation the war on drugs since I was maybe 16, so 10 years or so. Whenever we make a huge drug bust instead of burning it or keeping it in evidence flood the market with free drugs and make selling drugs so unprofitable for manufacturers that they no longer have an incentive to do it. The same thing goes for online file sharing simply allow profitless file sharing and suddenly the "terrorists" have lost a huge revenue source.

      --
      I think the invisible hand of the market has its middle finger extended

      --A wise old fart named SC0RN
    49. Re:"What are you in for" by Nimey · · Score: 1

      The county lockup can be fairly bad, too. Way back when, my scout troop toured one, and it was quite dirty and smelly. Not to the extent of a medieval dungeon, but there was dirt and a half-eaten apple on the beds and the toilet was stopped up with shit. We didn't meet any inmates. The only thing they could look forward to (besides release and exercise period) was being a "trusty", and this status let them outside the jail on supervised work detail. They were only given two meals a day -- no lunch. Nowadays the jail is always overcrowded (end the War on Some Drugs!) but the voters don't give a damn.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    50. Re:"What are you in for" by Nimey · · Score: 1

      There is. Wikipedia has an entry that explains this.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    51. Re:"What are you in for" by Dread_ed · · Score: 1

      Yes they do.

      It is more commonly called "cellmate swap day."

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    52. Re:"What are you in for" by thrashaholic · · Score: 1

      No no no.

      They create an artificial scarcity (much like the diamond trade) so that they make more money.

      One decent drug bust in a metro area can shoot prices up 200-300% in a day.

      You don't really think that the government isn't getting their cut, do you?

      --
      militant gun owning 'liberal'
    53. Re:"What are you in for" by Joe+The+Dragon · · Score: 1

      He was only in the local jail

    54. Re:"What are you in for" by gentoo_moo · · Score: 1

      IANAL but I believe crimes against children fall under Federal Jurisdiction in the US. I believe its the UK where a child-molester can get 6 months of community service or something like that isn't it ? I believe there was some recent unpleasantness about this in the news.

    55. Re:"What are you in for" by TopShelf · · Score: 1

      A guy I used to play hockey with was a prison guard in central Indiana, when Mike Tyson was doing time there. He said that Iron Mike got more than a few "special visitations"...

      --
      Stop by my site where I write about ERP systems & more
    56. Re:"What are you in for" by Mhtsos · · Score: 1

      The answer of course should be "Harrrrrr!!"

    57. Re:"What are you in for" by powerlord · · Score: 1

      nah, change the words to make it appropriate, and call it a parody.

      So far parody is protected.

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    58. Re:"What are you in for" by Anonymous Coward · · Score: 0

      He must go to Guantanamo, because of copyright terrorism!

    59. Re:"What are you in for" by dogmatixpsych · · Score: 1

      Hey, at least he wouldn't be "moral" enough to go fight in the war.

    60. Re:"What are you in for" by Pharmboy · · Score: 2, Insightful

      They were only given two meals a day -- no lunch. Nowadays the jail is always overcrowded (end the War on Some Drugs!) but the voters don't give a damn.

      Maybe the solutions isn't more jails, but rather decriminalizing things that aren't crimes, like addiction.

      --
      Tequila: It's not just for breakfast anymore!
    61. Re:"What are you in for" by Anonymous Coward · · Score: 0

      by the worse crime of escaping from prison


      Escaping from prison is a crime in UK? In Germany, it's not illegal (except: if you do something illegal during the escape, such as stealing a car or something like that)
    62. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Hmm, why is it always assumed that it is the new guy who will be raped in the ass and not the other way around?

    63. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Not until a judge says it is. In the meantime, your ass will be in jail.

    64. Re:"What are you in for" by inKubus · · Score: 1

      Brings new meaning to another Arlo Guthrie Song, Coming into Los Angeles:

      Coming into Los Angel-ees
      Bringin in a couple of Keys
      Don't touch my bag if you please
      Mr. Customs man

      where Keys= well you get it

      --
      Cool! Amazing Toys.
    65. Re:"What are you in for" by Anonymous Coward · · Score: 0

      My, how times have changed!

      In the 1940s if you escaped from a German prison (or POW camp, or concentration camp) the Nazis would hang you with piano wire.

      I'm guessing you're German and have had the brital and tragic facts of your barbourous nations crimes censored from your education.

      Go read some non-German accounts of WWII.

    66. Re:"What are you in for" by Anonymous Coward · · Score: 0

      I doubt it was due to Office Space, more likely due to every federal convict or their significant other asking them the question since the advent of prisons.

    67. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Wrong target. It's the Japs that have been quietly working to remove their atrocities from the schoolbooks. Germans are most knowledgable of them and rather apologetic, in my experience.

    68. Re:"What are you in for" by Anonymous Coward · · Score: 0
      Rape

      Murder

      Theft

      Or..

      Drug posession

      Helping people download music
      Downloading copyrighted music without permission is theft. You may disagree with the law at this point in our history, but it is the law.
    69. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Clearly you don't know Arlo. He's not gonna sue you for nothin'. You can even record and distribute audio of his live shows as long as you're doing it for free.

    70. Re:"What are you in for" by joss · · Score: 1

      > Here in the UK, they've taken the angle that money put into the
      > pirate "industry" (usually DVDs, but I imagine they'll lump it all in together)
      > goes directly into organised crime and people
      > trafficking. OK, I can buy that argument,

      Shit, if you'll buy that, I have a bridge you might be interested in...

      Organised crime and people trafficking has to pay for itself you know.
      Is it really likely criminals use the profits from mild crimes to subsidise
      worse crimes ? If they're making a healthy profit with priated DVDs,
      why not carry on with that - it has a lighter prison sentance
      Profits from pirating DVDs are more likely to be used for the kind
      of random tat that everyone buys.

      --
      http://rareformnewmedia.com/
    71. Re:"What are you in for" by spun · · Score: 1

      Sure, the songs are downloaded for free, but the terrorists are making it up in volume...

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    72. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Can I mod this "Dumbass who missed a reference?"

    73. Re:"What are you in for" by MarkGriz · · Score: 1

      "Helping people download music"

      And they all moved away from me on the bench there...

      --
      Beauty is in the eye of the beerholder.
    74. Re:"What are you in for" by Clockwork+Apple · · Score: 3, Funny

      Yeah some people can be SO anal about it.

      C.

      --
      "Doctor, it's not the voices I hear in MY head, but the voices I hear in YOUR head that really frighten me."
    75. Re:"What are you in for" by Anonymous Coward · · Score: 0

      Nah, In America there is just pound me in the ass federal prison.
      Even minimum security is no joke. On your first day there you either need to kick somebody's ass or become another prisoner's bitch.

    76. Re:"What are you in for" by Noted+Futurist · · Score: 1

      Your failure to understand English is no defense for your slander. Unauthorized distribution of copyrighted material is "copyright infringement". It is not theft. That is why there are all of these different words- they mean different things.

    77. Re:"What are you in for" by triffidsting · · Score: 1

      Maybe the solutions isn't more jails, but rather decriminalizing things that aren't crimes, like addiction. or like filesharing

      --
      Non, je ne veux pas coucher avec toi ce soir.
    78. Re:"What are you in for" by sowth · · Score: 1

      Well, I doubt he will go to a county lockup. I think the Feds have minimum security prisons. I'm sure he will go there.

      Also, I would imagine the prisoners are responsible for cleaning their own cells. Most of them probably don't care. If one guy did, his cell would be clean, I'm sure. I don't see why they would keep cheap cleaning products from prisoners (well, maybe used as weapons), it would keep them from revolting and it is easier to guard busy people.

    79. Re:"What are you in for" by Christopher_G_Lewis · · Score: 1

      Geriatrics!!!

    80. Re:"What are you in for" by glesga_kiss · · Score: 1
      In the 1940s if you escaped from a German prison (or POW camp, or concentration camp) the Nazis would hang you with piano wire.

      Utter nonsense. The reason that the events that inspired the movie "The Great Escape" were so well known was partly due to the fact that some of the recovered escapies were shot. It was not normal behaviour.

      Concentration camps were more severe, but it's not as though they needed an excuse to torture/kill people, they were doing it already.

    81. Re:"What are you in for" by jeremyp · · Score: 1

      Thats wrong as far as the PoW camps are concerned. Several Allied PoWs escaped more than once (and were recaptured).

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    82. Re:"What are you in for" by drDugan · · Score: 1

      Speaking of POW camps - did anyone else notice the USA has like 10 or 20 Thousand people in secret camps? A friend who camp over for dinner last night said that the president had admitted it.

    83. Re:"What are you in for" by Anonymous Coward · · Score: 0

      He'll sit in the local fed holding location. At some point when the BOP has a place for him they'll come get him and haul him to Oklahoma City. He'll sit there while they can arrange travel to his final location. Then he'll get sent to a camp. Which is basically a barracks somewhere, no fence, no locks, just instructions that you follow rules or we send you across the street to the place that has thirty foot high fences, razor wire, guard towers, prison gangs, etc.

      He's got less than a year so he won't see any good conduct credit. But he will get credit for time served.

      Due to the amount of time he has, he may quite literally spend it in the local fed holding.

  2. Oh no! by Anonymous Coward · · Score: 0, Flamebait

    Man sent to jail for breaking the law! What a shocker!

    1. Re:Oh no! by Anonymous Coward · · Score: 0

      Man has hands chopped off for breaking the law! What a shocker!

    2. Re:Oh no! by Anonymous Coward · · Score: 0

      More like: Man who knew his hand would be chopped off for theft decides to steal anyway and.....loses hand.

    3. Re:Oh no! by NosTROLLdamus · · Score: 0

      Knowledge of possible punishment doesn't make excessive punishment any less acceptable.

    4. Re:Oh no! by shobadobs · · Score: 1, Insightful

      That's right -- it makes excessive punishment more acceptable.

    5. Re:Oh no! by Anonymous Coward · · Score: 1, Insightful

      Being on Earth with idiots like you is punishment enough for any crime.

    6. Re:Oh no! by socalmtb · · Score: 2, Interesting

      Why is it that pointing out the obvious is modded flamebait? Does everyone on Slashdot have zero respect for intellectual property or just a few moderators? I am an ISV and make a living by selling my software. I contribute to and use open source solutions but open source is not the solution to everything. I know that some people try and justify stealing music by noting that the artists make very little and the labels make lots, but without the labels, must of this music wouldn't be available to the mainstream. Yes, the labels make a disproportionate share the money but it costs a lot to produce an album but very few independent artists have the resources to produce an album on their own. Suggesting this guy should get a lighter sentence because no one is hurt is like suggesting a car thief should get off easy because no one got hurt. I had a friend who's car was stolen and he was very happy with the outcome and his insurance check. Victimless crime? Frankly, this guy is getting off easy. If he stole a car he'd be getting a worse sentence.

    7. Re:Oh no! by Anonymous Coward · · Score: 4, Insightful

      I pity you. Truly. To have so little regard for human rights and decency that you think putting this guy in a place where he will probably be raped reapeatedly, beaten and stand a greatly increased chance of developing a chemical dependency degrades us all, including you.

      All for sharing a 1s and 0s.

      Was he wrong? Undoubtedly. But until the law catches up with this class of crime, this is simply mob justice.

    8. Re:Oh no! by shodai · · Score: 1

      The internet and search engines make record labels useless. Rather than adapting, they bitch, moan, and sue people without computers.
      Open source *is* the solution to everything. If Windows wasn't the only OS that ran [most] games, i'd switch to anything else in a second. If it's open source, it's made to work, not made for profit like every other piece of trash on the market.

    9. Re:Oh no! by clymere · · Score: 3, Insightful

      open source != non-profit

      --
      once you go slack, you never go back
    10. Re:Oh no! by werewolf1031 · · Score: 5, Insightful
      Does everyone on Slashdot have zero respect for intellectual property or just a few moderators?
      You seem to be missing the point. The problem is not "zero respect for intellectual property", it's zero respect for punishment that is wildly disproportionate to the crime in question. Yes, a crime in which no one was harmed nor ever intended to be harmed should carry a lesser penalty. (And yes, intent does matter in a courtroom.)

      Suggesting this guy should get a lighter sentence because no one is hurt is like suggesting a car thief should get off easy because no one got hurt. [...] Frankly, this guy is getting off easy.
      Yep, definitely missing the point. IIRC, jacking a car while the driver is inside (ie. forcing/demanding their exit from the vehicle so you can take it) constitutes a violent felony, and carries greater penalty than stealing a car while it's parked and unattended. It may not be a huge difference, but yes, violent crimes should carry greater penalties than non-violent crimes. Hell this doesn't even constitute "theft" (denial of use), it's merely "theoretical loss of possible future revenue that we think we might have made". Hardly grounds for five years in prison.
    11. Re:Oh no! by werewolf1031 · · Score: 2, Informative

      Apologies, that should've been "months" in the parent post, not "years". Eh, it's been a long day. :/

    12. Re:Oh no! by aussie_a · · Score: 0, Redundant
      Hardly grounds for five years in prison.
      What about 5 months?
    13. Re:Oh no! by Overloadplanetunreal · · Score: 1

      I'm not sure I disagree with everything you said, but do you really think 5 months in prison is that bad? It actually seems like a pretty apt punishment for running a large BitTorrent site. The first thing I thought of when I read this story is "finally, they gave a copyright infringement punishment that is reasonable!"

    14. Re:Oh no! by Anonymous Coward · · Score: 0

      Just for the record Socalmtb, I have nothing but contempt for intellectual property in all its manifest forms.
      I consider it wrong and immoral.
      I consider it a nonsensical idea to own ideas.
      I consider it an abuse of the law and the justice system to protect such a nonsense.

      I create software and give it away.
      You create software and make money from it.
      We will never see eye to eye or share a common viewpoint.

      Good day to you and good luck with your selfish lifestyle of capitalist greed.

    15. Re:Oh no! by Jah-Wren+Ryel · · Score: 1
      do you really think 5 months in prison is that bad?
      It only takes one prison rape to turn that 5 months into a death sentence.
      --
      When information is power, privacy is freedom.
    16. Re:Oh no! by Jah-Wren+Ryel · · Score: 1
      Does everyone on Slashdot have zero respect for intellectual property or just a few moderators? I am an ISV and make a living by selling my software. I contribute to and use open source solutions but open source is not the solution to everything.
      Open source is not the solution to anything -- it is just the natural outgrowth of the fact that software is non-rivalrous.

      The idea that software, or really any sort of information, can be feasibly contained and made artificially scarce is a solution in search of a problem.
      --
      When information is power, privacy is freedom.
    17. Re:Oh no! by Tim+C · · Score: 1

      If it's open source, it's made to work, not made for profit

      You clearly haven't spent much time on sourceforge or freshmeat. A huge amount of open source projects never get any further than the planning stages, or a few buggy features. Not that that's not necessarily true of commercial software too, but to suggest that if it's open source it's automatically good, stable and complete is quite simply wrong.

    18. Re:Oh no! by Tim+C · · Score: 1

      The problem is not "zero respect for intellectual property", it's zero respect for punishment that is wildly disproportionate to the crime in question. Yes, a crime in which no one was harmed nor ever intended to be harmed should carry a lesser penalty.

      Now, I don't disagree with you, and I'm not entirely sure I'm happy with the guy getting 5 months inside. I'm not convinced that society is served by jailing him at all, although in my opinion he does need to be punished for his actions.

      However, there is a reason why the punishment is so disproportionate to the crime - it's because the crime is so easy to commit and there's such a small chance of being caught. The idea is that in this sort of case, as the risk of being caught is so low, the way to deter people from offending is to jack the punishment up. That changes the balance of risk back to being somewhere nearer it outweighing the benefits, thus (theoretically) convincing people not to do it. Of course, it doesn't always work, but then people still commit murder despite the risk of execution, or armed robbery, kidnapping, etc despite the risk of dying in a shoot-out with the police, etc.

      Now, I'm not saying that I agree with the idea necessarily, but that's the theory behind it as I understand it. Of course, I'm not a lawyer, so feel free to correct me if I'm delusional...

    19. Re:Oh no! by EvanED · · Score: 2, Interesting

      All for sharing a 1s and 0s.

      Okay, while I agree that this is overkill, this statement is, I think, silly. To put it that way denies that those "1s and 0s" might actually mean something when put together. I mean, I could say that stealing* is just taking a few atoms, or that killing someone is** just stopping some electrical impulses. Yes, these are in some sense hyperbole above and beyond yours, but your original statement is a pretty blatent example IMO too.

      *I'm not trying to equate stealing and copyright infringement
      **if you don't believe in a soul

    20. Re:Oh no! by GFree · · Score: 0, Offtopic

      You forgot to log in again, Richard.

    21. Re:Oh no! by NicklessXed · · Score: 1
      However, there is a reason why the punishment is so disproportionate to the crime - it's because the crime is so easy to commit and there's such a small chance of being caught. The idea is that in this sort of case, as the risk of being caught is so low, the way to deter people from offending is to jack the punishment up. That changes the balance of risk back to being somewhere nearer it outweighing the benefits, thus (theoretically) convincing people not to do it. Of course, it doesn't always work, but then people still commit murder despite the risk of execution, or armed robbery, kidnapping, etc despite the risk of dying in a shoot-out with the police, etc.



      In fact, it does not work at all. AFAIK, it is well proven that most people won't be kept from committing a crime by the prospect of an incredibly disproportionate punishment.
      You listed some of the best examples yourself: Just because you still have the death penalty, there aren't any less murders being committed in the States than elsewhere.

      Besides, even if it worked, is this theory acceptable? By its logic, as I understand it, every criminal would have to be executed, probably with some torture beforehand. That should deter most people from committing any crimes at all, right?
      Now, lets assume that this would actually work to some extent. Imagine what ridiculously small thing people would get killed for. I honestly find this idea rather scary.


      PS: Please don't bitch about any grammar or spelling mistakes, it's early in the morning here and I haven't had my coffee yet.
    22. Re:Oh no! by Benaiah · · Score: 1

      dont bullshit me. i say the fucking labels are criminals. Why cant i put them in jail. I say they are STEALING/extorting money of artists. Just look at poor old elvis. The classic case of where musical genius thrived while he got fucked in the ass by a label/agent. People make music to be enjoyed. Not to make a fortune. Publishers encourage music to make a fortune. Hmmm... I lost my point. I think it was. Your an idiot.

    23. Re:Oh no! by Anonymous Coward · · Score: 0
      However, there is a reason why the punishment is so disproportionate to the crime - it's because the crime is so easy to commit and there's such a small chance of being caught.

      OK, so... how easy it must get before it is "justified" to sentence small offenders to capital punishment?

      I am sick of what is all this turning into. The point of equal exchange (some of our rights for some pleasure or help, in case of software) is far behind us. "(C)" marks poisoned gifts (and they are not gifts, either). What begun as evolution, sophistication and perfection of traditional ways of fun has turned into electric, barbed, wire fence to keep us in corral.

      Consuming the "content" has become unethical, even if you DID pay for it! Don't be fooled with "God(labels) will kill kittens(artists) if you don't buy ... oh, pardon, my mistake, ... RENT the music, movies, ... etc."

      I boycott it all, I don't buy, don't download, don't listen, don't watch and don't comment it. And it is easy - when you feel the urge, just recall who would you give your money too (or, in case you give no money now, who you will give your money too, once when they get you). Assigning any valor to works which enslave all humans is harmful - it reinforces someone's right on your freedoms. Those are all dirty, plague-infested rags devoid any real purpose other then to subdue and rob us ("bring profits" is just an euphemism for that, hiding the real object, the victim, ... You), although they may be decorated with "artistic intents" to confuse us, abuse our weaknesses for certain themes and hide their true nature. Don't be fooled! Any THAT much important message it allegedly carried would had been transmitted to you unconditionally, for no money and without need for your consent to let anybody be harmed. Any likings you may have for certain genres are INTERNAL to you and you just need to seek your OWN ideal expression, not (partial) recognition of it in others' works.

      My money will not support this ... well, state ... of ... the art (?)... as much as I can help it. Best way to get rid of parasites is strict diet. I hope more and more people would join me in that, find fun in making instead of consuming. Sharing is optional ... only if you seek recognition from your peers and general public.

      There... THAT was ZERO (or negative) respect (and tolerance) for Intellectual "Property". Avoid it! If and when it is unavoidable, everyone has moral right to fight it.
    24. Re:Oh no! by Anonymous Coward · · Score: 0

      It's not greed to provide a service and be rewarded for doing it.

      What you are doing, however, is providing a service for nothing, which devalues the service itself and reduces the rewards for everyone else.

      Who is the more selfish?

    25. Re:Oh no! by xenobyte · · Score: 2, Insightful

      Just because he 'confessed' to breaking the law doesn't mean he actually broke the law.

      Also, a BitTorrent tracker has absolutely nothing to do with copyright violations! - Those that upload torrents and those downloading them *may* be breaking some laws, but the tracker itself holds no data and thus cannot in any way break any laws.

      If they did, we end up in an absurd situation - for instance would all automobile manufacturers and resellers long ago have been convicted for aiding and abetting countless murders, robberies and so on, not to mention their central role in all DUI-cases...

      Why isn't this so then? - Well, for one only the copyright area has people crazy enough to push for absurd convictions and prosecution of their own customers, but also most people would say that an automobile has many legal uses and it is abused when used in connection with a crime... but wait! - that is exactly the case with BitTorrent trackers as well. They were invented to provide a more efficient means of download the often fairly huge Linux/BSD distros, and then someone abused the technology to seed illegal materials.

      We don't ban cars even though almost all robberies involve a getaway car - they most likely could not have been executed without a car. Why ban BitTorrent when the technology is used primarily for legal purposes (I downloaded FireFox 2.0 yesterday through BitTorrent for instance) and it's not even so that most illegal filesharing is using BitTorrent; actually BitTorrent is only a minor niche compared to the huge dedicated P2P networks.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    26. Re:Oh no! by Anonymous Coward · · Score: 0

      No, it just reduces the rewards for selfish assholes like you.

    27. Re:Oh no! by dfghjk · · Score: 1

      "You listed some of the best examples yourself: Just because you still have the death penalty, there aren't any less murders being committed in the States than elsewhere."

      Sorry, this isn't proof at all. You can't compare murder rates in the US to other countries. Besides, the death penalty is a state-by-state thing.

      "Besides, even if it worked, is this theory acceptable?"

      Assuming you mean disproportionate sentences, then yes. They are used all the time. How about possession of child pornography?

      "By its logic, as I understand it, every criminal would have to be executed, probably with some torture beforehand."

      That's absurd. Death penalties only apply, where they are legal at all, to certain particularly heinous crimes. Torture is unconstitutional (in the US) and can't be used regardless. It's a fact, though, that cruel and unusual punishment, in countries where it's practiced, is an effective deterrent. Some countries use the death penalty against homosexuals and that practice is certainly effective in eliminating the population of openly gay citizens.

      "Now, lets assume that this would actually work to some extent. Imagine what ridiculously small thing people would get killed for."

      The bad application of a good idea is bound to yield bad results. You've proven yourself unqualified to make the laws, that's all.

    28. Re:Oh no! by Beale · · Score: 1

      In the land where chopping hands off is the only punishment for theft, the man with the removable robotic hands is king!

    29. Re:Oh no! by Anonymous Coward · · Score: 0

      Um no this is NOT mob justice, this is Elitist justice. This smacks of the beginning fo the industrial revolution and debtors prison and other atrocities that the rich forced on the lower classes to keep them in their place.

      (Hell thay are trying like mad to bring back debtors prison and other ways of owning you as a slave by getting rid of credit laws that protect you and I.)

      downloading 90,000,000,000 songs should NEVER EVER get you in prison and anyone that says you should is either extremely deranged or part of the group that recieves joy when they see less fortunate people trodden upon or abused.

      Speeding and tailgaiting is a far worse crime than running a torrent site. I suggest the death penalty for those crimes to be handed out by the officer when you get pulled over.... they should put things into perspective.

      Someone running a website that honestly does not impact the victims very much get's a prison sentence?

      I guess that is fair, we round up people with middle eastern names and are brown and torture them for the sake of safety... and we all know we are so much safer because of it, so I guess I see the logic.

    30. Re:Oh no! by Zebidiah · · Score: 1
      Speeding and tailgaiting is a far worse crime than running a torrent site. I suggest the death penalty for those crimes to be handed out by the officer when you get pulled over.... they should put things into perspective.

      I truly wish I had mod points to mod you up. 5 months in prison for a crime where no one is hurt. No potential for anyone to be hurt such as someone speeding. Where nothing is stolen.

      This is truly out of all proportion.

    31. Re:Oh no! by Shakrai · · Score: 1

      So if I speed but nobody gets hurt can I please get out of paying my fine?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    32. Re:Oh no! by MBGMorden · · Score: 1

      5 months in prison will ruin your life. If you've spent ANY time in prison you can effectively kiss most job opportunities goodbye. Unless you're so overqualified that it's just blatant discrimination, every company you apply to will "decide to pursue another applicant".

      Even that aside, a lot of people will socially shun you, and if the crime happens to be classified as a felony (regardless of how non-violent) you are prevented from doing a lot of things (owning a firearm for example) for the rest of your life.

      This is not even taking into account the crap that can happen to someone in prison during those 5 months.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    33. Re:Oh no! by kabocox · · Score: 1

      I pity you. Truly. To have so little regard for human rights and decency that you think putting this guy in a place where he will probably be raped reapeatedly, beaten and stand a greatly increased chance of developing a chemical dependency degrades us all, including you.

      All for sharing a 1s and 0s.

      Was he wrong? Undoubtedly. But until the law catches up with this class of crime, this is simply mob justice.


      I disagree with that it's "mob justice." Mainly because if it was mob justice the mob would go over the RIAA or MPAA or several other annoying copyright holders and apply their "justice" to those individuals rather to this guy. From scaning slashdot, it sounds like it was a warez site. Has anyone keep up with the overall number of Warez related arrests and convictions over the last 10-15 years? I'm getting curious to look it if its even possible. Warez or copyright crimes aren't something that the crime stats sort by. The software or media companies generally work with FBI or other national level police orgs tracking down entire Warez groups at a time when possible. I didn't read the article. It sounds fishy that only one arrest was made if it was an actual Warez arrest. Maybe they wanted to use this guy to bring others down, but with BT he just didn't know anyone else.

    34. Re:Oh no! by drdewm · · Score: 1

      I hope they don't count me in with their potential losses because as of about 4 years ago and forever more unless something drastic changes never will I buy a "legal" CD or DVD. I just am unwilling to give them any money ever. BTW for anyone thinking they would have a hard time giving up movies and such it really is very easy after a while and you don't miss them at all.

    35. Re:Oh no! by Zebidiah · · Score: 1

      No, but would you agree that if you do speed and hurt someone that you should be punished more than if you speed and don't hurt anyone?

    36. Re:Oh no! by v1 · · Score: 2, Insightful

      But when the courts can't efficiently go after the ones breaking the law, the usual response is to go after those that are enabling them or are otherwise involved even if not actually responsible.

      I suppose if you can't herd cats, you bomb the catfood plant instead?

      Some of it I wonder isn't just the legal system taking out its frustrations on any targettable group that is in any way connected to their frustrations?

      --
      I work for the Department of Redundancy Department.
    37. Re:Oh no! by Trailer+Trash · · Score: 1

      While your point is valid, this guy will likely go to a minimum-security facility where rape is unheard of. It's more like a college dorm that you aren't supposed to leave (you can walk out, there's no fence). Of course, if you do leave on your own, you'll find yourself in someplace with a fence and some bad people.

    38. Re:Oh no! by Kombat · · Score: 1

      All for sharing a 1s and 0s.

      Are you talking about the BitTorrent guy? Or the child porn website that got shut down last week? Because if you're defending the purveyor of gigs and gigs of child porn, I'm afraid you've got an uphill battle, my friend. Although your sentence could easily describe either crime.

      Lots of objectionable material can be depicted as innocuous 1's and 0's. That doesn't make it OK.

      --
      Like woodworking? Build your own picture frames.
    39. Re:Oh no! by jasen666 · · Score: 1

      You could make it even simpler.
      Actual theft is stealing atoms, copyright infringement isn't even on that scale. It's merely borrowing electrons.

      I can never accept these stupid car theft analogies as being anywhere near relevant to this issue.
      Now, if you could duplicate your neighbor's Ford, while using all your own materials, that would be closer. You are not taking the car away. And that's not illegal. Unless you sell copies as Fords. It wouldn't even be illegal to make copies and give them away.

    40. Re:Oh no! by absorbr · · Score: 1

      Don't forget that sites like EliteTorrents make money off all the ad-traffic they see. It's not completely innocent what he was doing (I'm assuming his was like all the other ones that I've seen with banners and popups -- if I'm wrong, then in his case.. .well if you make the argument that making the service available is worse than being a user of the service who wouldn't have bought the software/music anyway, then it doesn't matter.. ). Even if there weren't any ads, there is more to this topic: what are people doing with their time? if time = money to a person who gets some software for free, wouldn't that person have been able to convert time into money, thus enabling the purchase of the thing he stole? If time != money for a person, then if he's using all his time searching for a free thing, would that person have been able to afford it anyway? I'm just saying, make it harder for people to find their warez, and you eliminate the "loss" that the industry claims occurs as a result of piracy. in theory at least. My idea is that people are aren't going to be productive for a current time are like that for a reason. And of course there are varying amounts that time might be worth to different people, so the cost of the thing gotten for free would be possibly unavailable to people who make money but not enough.. but you get the idea. Torrent Trackers make it too easy. So did the p2p file sharing systems. With Usenet at least you have to sit around waiting for the thing you're looking for to show up. IRC is good, it can take some time to find what you're looking for. After wasting time for long enough a period, don't most people realize that they're just slugs taking up space and move on? In summary, I think it should be ok to pirate, but it should not be something that the average busy person making cash should be able to do easily. And if you make it easy while profitting? yeah I think you should prosecute. The above is the socialist in me, the one who thinks we can all come together and come up with reasonable solutions to all of life's problems. Then there is the independence and freedom side that prefers to separate himself from everyone, since there are so many people you can't trust (and there is truth to that), with the result being the demand for personal accountability -- the torrent tracker or file sharer didn't commit the crime, the downloader did. I think you can find a balance between the two types, but it's difficult and takes a lot of thinking. Good luck with all that :)

    41. Re:Oh no! by DRAGONWEEZEL · · Score: 1

      If I had it my way, that's exactly how every crime would be dealt with. Soon, the population would be thinned a bit as stupid people start driving 100 mph in residential neighborhoods, and all would be well. I say just make people responsible for the problems they cause! If you go speeding, and hit somebody, then pay for it!

      --
      How much is your data worth? Back it up now.
  3. Silly Punishment by 9mm+Censor · · Score: 5, Interesting

    1) I see no need to send someone to jail for copyright infringement. The punishment does not fit the crime, and its not helping society, by removing a danger, nor do I suspect it will be useful in rehabilitating.
    2) I hope he stocked up on torrents of stuff to watch/listen/play during house arrest.

    1. Re:Silly Punishment by Anonymous Coward · · Score: 1, Insightful

      As extortionate and ridiculous as the MPAA/RIAA are, at the beginning, middle and end of the day the crime is mass-distributing stolen goods, and that's all there is to it.
      Five months in jail is, to my mind, fitting to the crime.
      What? You think that because the crime was committed on computers, he should spend five months without a computer? Be serious.

      IMHO, he simply shouldn't have let himself be caught. It's the only reason why *I* haven't started up my own torrent site yet, that I don't have faith in my own abilities to elude the law forever =P

    2. Re:Silly Punishment by Thisfox · · Score: 1

      Mmm. Does seem a bit silly.

      I can understand a fine (a hefty one) for breaking that particular copyright law, then being sent to goal (or jail, if you like) for not being able to pay it, but it seems a little odd to punish that particular crime in that particular way...

      I mean, you're in the same lockup as people who stole cars, or perhaps tried to rob a bank... and it seems a different sort of crime to those.
      I doubt he's going to the high security place murderers and rapists go to, though, folks.

    3. Re:Silly Punishment by Anonymous Coward · · Score: 0

      There are plenty of people running BT sites. It's just really big ones that get shutdown like this. The industry doesn't have the budget to bitchslap everyone. They already tried suing dead grannies and 5-year old and that shit backfired on them.

    4. Re:Silly Punishment by aaronl · · Score: 5, Insightful

      For anyone that makes it this far, theft is legally defined as "the dishonest appropriation of property belonging to another with the intention of permanently depriving that person of it." Until recently, copyright infringment was a civil matter. That means that you couldn't be brought to court by the state, and you couldn't serve jail time. You could be made to pay reparations to the party or parties whose copyrights you infringe, though.

      So seriously, five months in prison is a gross miscarraige of justice. It's definitely five months, an arrest, and a criminal case too much.

    5. Re:Silly Punishment by Chandon+Seldon · · Score: 3, Insightful

      the crime is mass-distributing stolen goods, and that's all there is to it.

      So... what exactly are these "goods" and how were they "stolen"? Did it take a big truck to carry them around? How much is it going to cost the origional owners to replace them?

      Oh wait... no theft occured at all. There were no "goods" and nobody lost anything tangible at all. Why is someone going to jail for this?

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    6. Re:Silly Punishment by jesdynf · · Score: 4, Insightful

      Sorry, hold up there. He mass-distributed /infringing intellectual property/. Labeling it as or drawing analogies comparing it to theft damages my language, and I don't intend to allow that.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    7. Re:Silly Punishment by shawn(at)fsu · · Score: 1

      And who says the definition of a crime cam't change? It's not he didn't know what he were doing was determined to be unlawful and punishable as a federal crime.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    8. Re:Silly Punishment by grasshoppa · · Score: 5, Interesting

      Five months in jail is, to my mind, fitting to the crime.

      Then you aren't thinking.

      What is prison for? What's the purpose to putting someone in prison? To answer this, let's look at what prison does; It removes a person from the general population. Why would this make sense for a bt operator? Are they a threat to themselves or others? No, it's silly to imply otherwise.

      A fitting punishment to this crime can and should be settled in civil court; They are forced to make restitutions.

      So you tell me, which makes more sense; Taking someone off the streets and stop them from being a productive member of society. OR, let them continue working and paying off a fine. Which makes more sense given the crime involved? Which makes more sense for soceity ( remember, over crowded prisons )? Which makes more sense for those wronged ( what benefit does the RIAA get out of him being in prison aside from evil pleasure )? And finally, what makes more sense for the convicted?

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    9. Re:Silly Punishment by hondamankev · · Score: 1, Insightful

      So, drawing conclusions from your logic, NO white collar/non-violent criminals should be imprisoned?

      Who's the one not thinking again?

    10. Re:Silly Punishment by kn0tw0rk · · Score: 3, Insightful

      Why send someone who hasnt harmed anyone to jail?
      Wouldnt getting him to do community work be a better way of dealing with him? And a better use of your tax dollars?

      I hope that Australia doesnt end up following America down this path.

      --
      See my art -> http://herbevore.deviantart.com
    11. Re:Silly Punishment by cooldev · · Score: 1

      Oh wait... no theft occured at all. There were no "goods" and nobody lost anything tangible at all. Why is someone going to jail for this?

      Two scenarios:

      1. Jane Doe spends 10 years of her life 80 hours a week and $400,000 in funding from family and friends and loans to successfully build a revolutionary piece of software, which gets promptly stolen and mass distributed outside of her control. Jane and her family lose their livelihood and has to declare bankruptcy.

      2. Joe Sixpack picks pumpkins and sells them at the local market. Somebody steals Joe's pumpkins and he loses a weeks worth of sales.

      So are you telling me that the person who stole Joe's pumpkins did an illegal act and deserves to be punished, but the person who stole Jane's software did not do anything illegal and/or does not deserve to be punished? Jane didn't lose anything? Or maybe she should have never bothered creating the revolutionary software. Or maybe she should have been a waitress on the side and never expected to make anything out of her life -- you know, pure, absolute altruism. Yeah, ok.

      You guys fighting against the concept of copyright are fighting the wrong battle. Sure, the RIAA, MPAA, and blah, blah, blah, are heavy handed and not adapting to technology, but saying that only tangible goods have any value whatsoever is so extreme that you're never going to convince anybody (worth convincing) to abolish copyright.

    12. Re:Silly Punishment by Iron+Condor · · Score: 5, Insightful

      It's not he didn't know what he were doing was determined to be unlawful and punishable as a federal crime.

      It's not? It sure is the first time that I have heard someone being prosecuted for providing the technological means to somone else to violate copyright law. For that's all a Bittorrent-tracker is. It is NOT an act of copying or distributing anything, merely a way for clients to get in contact with each other in order to copy something.

      As far as I can tell, this verdict means we will haul librarians to jail if they put a photocopier into the library: providing others with the means to violate copyright.

      Where exactly is the line here? Which section of the USC was actually violated here?

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    13. Re:Silly Punishment by Schemat1c · · Score: 3, Interesting

      And who says the definition of a crime cam't change? It's not he didn't know what he were doing was determined to be unlawful and punishable as a federal crime.

      When the penalties of a law does more damage than the crime it's addressing then the law is wrong. If we in the US could just hold all laws to that standard I think we could clean up the books quite a bit and put a lot of lawyers out of business, so in other words it will never happen.

      --

      "Nobody knows the age of the human race, but everybody agrees that it is old enough to know better." - Unknown
    14. Re:Silly Punishment by Mikachu · · Score: 1

      Did it take a big truck to carry them around?

      No no no... the internet is not a big truck. It's a series of tubes. Even Ted Stevens knows that!
    15. Re:Silly Punishment by westlake · · Score: 0, Troll
      1) I see no need to send someone to jail for copyright infringement. The punishment does not fit the crime, and its not helping society, by removing a danger, nor do I suspect it will be useful in rehabilitating.
      2) I hope he stocked up on torrents of stuff to watch/listen/play during house arrest.

      Economic crimes are still crimes.

      You want to see the Enron exec go to jail. Fine. But don't start whining when the smaller fry have to serve their time as well.

    16. Re:Silly Punishment by IntergalacticWalrus · · Score: 1

      Oh wait... no theft occured at all. There were no "goods" and nobody lost anything tangible at all. Why is someone going to jail for this?

      Because the US government is run by media corporations that get angry when someone screws up their obsolete business model of selling intangible products as if they were manufactured physical objects.

    17. Re:Silly Punishment by OverlordQ · · Score: 1, Insightful

      Where exactly is the line here? Which section of the USC was actually violated here?

      Because he was knowningly and willfully helping others to comit illegal acts.

      --
      Your hair look like poop, Bob! - Wanker.
    18. Re:Silly Punishment by A+beautiful+mind · · Score: 4, Insightful

      Calling copyrighted information intellectual property isn't any better. It's still Orwellian doublespeak.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    19. Re:Silly Punishment by Anonymous Coward · · Score: 1, Interesting

      So are you telling me that the person who stole Joe's pumpkins did an illegal act and deserves to be punished, but the person who stole Jane's software did not do anything illegal and/or does not deserve to be punished?

      I don't think anyone is saying that. BUT, scenario 1 is not what is happening with Bittorrent.

      1a. Jane Doe spends 10 years of her life 80 hours a week and $400,000 in funding from family and friends and loans to successfully build a revolutionary piece of software. Someone else developes a machine that can copy CDrom disks, which lets people copy and mass distribut Jane's software outside of her control. Jane and her family lose their livelihood and has to declare bankruptcy.

      Slight difference.

      Someone hosting a bittorent site is NOT violating copyright. They do NOT host 'illegal', 'stolen' files. They simply point to where those files are. Do you think Google should be shut down because you can search for illegal stuff on it?

    20. Re:Silly Punishment by Anonymous Coward · · Score: 0

      Both of you are wrong. Prison just exists as a Big Stick for the goons that are controlled by the industry giants. It has nothing to do with logic beyond that.

    21. Re:Silly Punishment by redcane · · Score: 1

      The thing is, the content being copied is almost 100% from the big content cartels who probably don't even really notice the peasants swapping tid-bits. Especially since the "artists" aren't always getting their share anyway, it makes little difference if your pirate or not. The other thing about copyright is the whole attitude of milking your product for all you can. People you make it big, earn more money then their descendants will ever need. What ever happend to creating something for the betterment of society?

    22. Re:Silly Punishment by redcane · · Score: 1

      I fail to se your "point". Why should any white collar/non-violent criminals be imprisoned? Unless I have a different definition of white-collar/non-violent crime, I can't see how you would think these "criminals" need to be imprisoned? If there are no threats of violence, abuse of positions of power, or harm to others involved I fail to see the use of imprisoning the offender.

    23. Re:Silly Punishment by A+beautiful+mind · · Score: 2, Interesting

      Actually that's still an overstatement.

      He was knowingly and wilfully helping others to share information representated as bits and those others have decided to share information falling under the copyright law, amongst different information free from copyright.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    24. Re:Silly Punishment by cooldev · · Score: 1

      Someone hosting a bittorent site is NOT violating copyright. They do NOT host 'illegal', 'stolen' files.

      I agree there's a difference, so in this case it comes down to intent (which is harder to prove).

      I'm not trying to comment on this specific case, just the radicals who think violating copyright is OK with the false reasoning that since customer A didn't steal directly from customer B, no theft took place (ignoring the affect on the person (or people) who worked to create the software/music/movie/etc.)

    25. Re:Silly Punishment by AndrewNeo · · Score: 1

      It's more like scenario 2 if you put it like this: Someone makes identical copies of Joe's pumpkins and gives them away, therefore Joe loses potential sales. It's hard to analogize this because music is not a tangible thing (the same problem comes up when arguing about DRM)

    26. Re:Silly Punishment by shaitand · · Score: 1

      There were no stolen goods involved, you can't steal an idea or abstract expression. It is impossible.

      "You think that because the crime was committed on computers, he should spend five months without a computer?"

      Although a few bought and paid for politicians have made this technically a crime, it certainly shouldn't be a crime. This belongs in civil courts.

    27. Re:Silly Punishment by cooldev · · Score: 1

      The thing is, the content being copied is almost 100% from the big content cartels who probably don't even really notice the peasants swapping tid-bits.

      That's not a defense; the argument doesn't scale. You can't steal just because most other people don't steal.

      Especially since the "artists" aren't always getting their share anyway, it makes little difference if your pirate or not.

      I'm not a fan of the RIAA, but the solution is for these artists to take control over their own destiny and an increasing number of them are doing exactly that. Amen! I'm all in favor of the artists getting their fair share (which should be the bulk, not the remainder since they are the ones with the talent IMHO), but by stealing their hard work you're not helping them at all OR discouraging the greedy record companies.

      The other thing about copyright is the whole attitude of milking your product for all you can. People you make it big, earn more money then their descendants will ever need. What ever happend to creating something for the betterment of society?

      That's not for you to decide. I admire altruism, but as a software developer if I hit my head on the toilet and come up with a brilliant idea and spend tons of time and effort realizing that idea, I should have the power to decide (within reason) how that software is distributed. Maybe I give it away but make it GPL which restricts some things. Maybe I sell it shrink-wrap. Maybe I make it shareware, with hope that people will be generous enough that I can recoup my costs via. PayPal. Maybe I sell it to a small number of corporations for $20,000 each, with full personal support. It must be my decision or I shall choose not to make the software at all.

      As an aside, very very very very very very very few software engineers, actors, directors, musicians, etc., make it big enough that they don't have to worry about money (i.e. making more than $75,000/yr. to pick a number out of thin air) yet alone becoming super-rich. Your perception is skewed by the .01% ultra-famous plus maybe the CEOs who are gobbling up an increasing percentage of wealth, which is another issue.

    28. Re:Silly Punishment by tomstdenis · · Score: 1

      Someone who habitually steals or frauds others IS a danger to others. Even though their crimes are "non-violent".

      On this note though, I think an injunction from using the internet at home, or running a server would be more fitting.

      Tom

      --
      Someday, I'll have a real sig.
    29. Re:Silly Punishment by Anonymous Coward · · Score: 0

      I hope that Australia doesnt end up following America down this path.

      Well, we're following them down every other path, why would we diverge on this one?

    30. Re:Silly Punishment by cheater512 · · Score: 1

      Well technically he did harm the people who own the copyrights.
      IMHO they dont need the 'lost profits' he stole though.

    31. Re:Silly Punishment by jesdynf · · Score: 1

      Hmm... I'm going to disagree with you there. The Constitution was pretty clear in its aims, and I'm comfortable with the resulting temporary arrangement with the rights-holder being characterized as "intellectual property".

      'Course, "temporary" is not what we have now, and the whole exercise has turned out so badly I'm also comfortable with scrapping the whole system.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    32. Re:Silly Punishment by rent · · Score: 1

      Copyright laws protect the little guys as well as the big guys. Tough copyright penalties mean that there will also be tough penalties for breaking the GPL license which is also enforced under the terms of copyright law. People should be educated about copyright, and what better way is there than to enforce strong penalties and make a kick-in-the-balls tough example? Otherwise the message does not get through. I am all for it.

    33. Re:Silly Punishment by aaza · · Score: 1

      I've recently started using the term "intellectual monopoly" for patents and copyrights, which is more accurate. The only intellectual property that I can think of is "Trade Secret". I'm not sure where "trademark" fits in this scheme, though.

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    34. Re:Silly Punishment by Dhalka226 · · Score: 2, Insightful

      What is prison for?

      More than you imply.

      Prison is for:

      • 1. Punishment -- To penalize the person for doing what they did.
      • 2. Deterrent -- To give people a reason not to commit the crime in the first place. Goes largely with the above.
      • 3. Protecting society -- As you mentioned, to get people off the streets because they're too dangerous to be there.
      • 4. Rehabilitation -- To take criminals and reform them into "useful members of society." No comment on what that means.

      Seems to me that 1 & 2 definitely are satisfied by a jail sentence. #4 may be as well, if one assumes that the fact he probably won't do what he did again to mean he is rehabilitated. You're right that #3 isn't really necessary in this case.

      I don't think copyright infringement should be a criminal offense, but it is, and so long as it is, the punishment seems to make sense to me. It's not overly harsh, but it gets the job done. If you don't want it to be a criminal issue, you should be talking to your politicians and using your vote accordingly. Go organize some marches. Make some noise. If the majority of people truly feel as you feel, you'll get changes--not out of altruism or (necessarily) because the politicians agree with you, but because they want to keep their jobs. And if the majority does not agree with you... well, welcome to democracy.

    35. Re:Silly Punishment by fishbowl · · Score: 2, Insightful


      >Copyright laws protect the little guys as well as the big guys.

      Do let us know when one of the little guys gets to shut down a business just by writing a letter.

      --
      -fb Everything not expressly forbidden is now mandatory.
    36. Re:Silly Punishment by cooldev · · Score: 1

      It's more like scenario 2 if you put it like this: Someone makes identical copies of Joe's pumpkins and gives them away, therefore Joe loses potential sales.

      In that scenario Joe eventually loses his original sales -- ALL his sales. Who's going to pay Joe for the pumpkin he picked when the guy next door is giving away the cloned ones for free (because he didn't have to do any work)?

      Which means that only suckers/chumps would pick the pumpkins (or write the software, or create music), since their hard work would be immediately leeched away.

    37. Re:Silly Punishment by Darth · · Score: 4, Informative

      For anyone that makes it this far, theft is legally defined as "the dishonest appropriation of property belonging to another with the intention of permanently depriving that person of it." Until recently, copyright infringment was a civil matter. That means that you couldn't be brought to court by the state, and you couldn't serve jail time. You could be made to pay reparations to the party or parties whose copyrights you infringe, though

      that kinda of depends on what you think is recent.

      The willful infringement clause that establishes criminal liability for willful copyright violation was added to section 506(a) of title 17 of the u.s. code on May 24, 1982. So you've been able to serve jail time for copyright infringement for over 24 years.

      (This addition had nothing to do with the internet. Name servers and the use of TCP/IP as the standard protocol for the internet didnt happen until 1983. DNS was introduced in 1984.)

      5 months in prison is a pretty light sentence compared to what he could have gotten. the maximum prison sentence for willful infringement is 5 years (depending on the type of infringement. that's the worst possible case).

      That isn't to say that i agree with the charges against him.. The actual infringement of the copyright is done by the seeders. The tracker maintainer seems like he would be the person in the chain who is clearly not guilty of actual infringement since all he is doing is saying "hey, that guy is giving away free copies of Memento, Microsoft Word, and Half-Life 2".

      However, he did plead guilty. I cannot fault the judge for finding him guilty when he pleads guilty...and in light of the possible sentence he could have received, he got off pretty light. Given what i know of the case, i think he could have fought it, but he (and his lawyer) might have been privy to more damning evidence against him.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    38. Re:Silly Punishment by sillybilly · · Score: 5, Insightful

      Messing wit da man's money is a bigger crime than killin each other.

    39. Re:Silly Punishment by theundergroundman · · Score: 1

      Why should white collar criminals be imprisoned? Once again it depends on what you think the purpose of encarceration is. I think prison sentences serve two purposes, to punish and to offer rehabilitation. I think white collar criminals need to be punished and rehabilitated just as much as a guy who mugs joggers late at night. Take Kenneth Lay as a great example. He damaged many more lives than virtually anyone currently in prison for violent crimes. I think it would be helpful to punish Lay and have him undergo some sort of rehabilitation classes focused on why what he did was wrong. I think the sentiment to not punish white collar criminals the same way we punish criminals commiting violent crimes is classist. There are more ways to harm people than shoving them. There are more ways to be a detriment to society than being a known threat to commit violent crime on a regular basis. Also if we fail to properly punish white collar criminals it reinforces the idea that white collar crime is acceptable. Do you really want to live in a society where people feel like it is okay to embezzle tons of money and the worst thing that will happen is dealing with a civil lawsuit? I cannot think of a reason not to punish white collar criminals with jail time. I think the root of the sentiment is that it is easier for most /. readers to identify with white collar criminals than criminals who commit violent crimes. Yet that does not get around the fact that even white collar criminals are hurting others and are not only detrimental to society but can often have much greater effects than violent criminals. I think a white collar criminal is much more deserving of jail time than a guy who is caught in possession of mairjuana or even in possession of cocaine. Especially small amounts of drugs that are likely for personal use.

    40. Re:Silly Punishment by neoform · · Score: 4, Insightful

      illegal, maybe, criminal? no.

      this is and should only be considered a civil case and jail time should NEVER have even been considered. this is beyond ridiculous.

      --
      MABASPLOOM!
    41. Re:Silly Punishment by Overfiend1976 · · Score: 1

      Most people I know that host sites such as torrent trackers or simlilar are leaving the country because of Bush's recent destruction of Habeus Corpus. Can't say I blame them. Why the fuck would you want to stick around in a place where they can pwn you for anything. Hell, it's anti-blue-eyes day. Everyone with blue eyes goes to prison! Sound rediculous? It may. But it 'COULD' happen. The potential is now there. That's the shit that scares me. We are now officially a police state, and for some reason, the general public hasn't amassed some immense protest, cus IMHO, we people are just a bunch of scared little bitches. We all complain on these blogs, but no-one really does sweet fuck all. And now we can't. Because we WILL get pwnt.

      --
      This sig will self destruct in 5 seconds.
    42. Re:Silly Punishment by Achromatic1978 · · Score: 2, Insightful

      Right, and telling people the combination to the safe and the security guard patterns etc, is only knowingly and wilfully helping others to share wealth represented as currency and those others have decided to take that wealth which falls under property law, amongst different wealth which is theirs for the taking, right?

    43. Re:Silly Punishment by IdolizingStewie · · Score: 1

      I really dont think Kenneth Lay is going to get much out of rehabilitation classes any more.

    44. Re:Silly Punishment by mOdQuArK! · · Score: 2, Insightful
      1. Jane Doe spends 10 years of her life 80 hours a week and $400,000 in funding from family and friends and loans to successfully build a revolutionary piece of software, which gets promptly stolen and mass distributed outside of her control. Jane and her family lose their livelihood and has to declare bankruptcy.

      You know, if it weren't for government enforcement of an artificially-created monopoly, your example of Jane's attempt to make money would be called a "bad business plan". Without the legal fiction of "intellectual property", if someone expected to make money off a product which can be easily copied and distributed, they would be perceived to have a really poor sense of business (no matter how hard they may have worked on the product).

      On the other hand, if they have a business model where they either write software solutions for customers (i.e., a software-writing service), or write software for themselves which they use to provide services for customers (software-assisted customer service), or package the software into a nifty little consumer electronics doodad of some sort, then those are business models which allow people to write software to make a living without depending an artificially-enforced monopoly. (I'm focusing on software since I'm a software developer - other content-creation activities might require greater differences in how they can be sold.)

      IP laws are socialistic at their fundamental - attempting to "twist" free-market economics to try and achieve a social effect (encouraging innovation). Unfortunately, there has been little or no solid proof that IP laws do any better at encouraging innovation than just allowing the free market to dictate what will sell. Every argument always seems to be couched in terms of emotion or anecdotes.

    45. Re:Silly Punishment by Grakun · · Score: 1

      the crime is mass-distributing stolen goods, and that's all there is to it.

      No it's not. Where is there any mention of stolen goods? There is a big difference between copyright infringement and stealing. I did not read anything that gave me the impression that any goods were taken from their rightful owners. I also did not read anywhere about him mass-distributing anything. He ran a server that people used to connect with one another and engage in copyright infringement.

      From what I read, he sounded like a geek. He didn't sound like some street punk who deals in stolen goods. Now, let's just pretend that I'm right and he is a geek. Most geeks aren't street smart. Most geeks aren't even street aware. So, by putting a geek in prison, you will force into a world of violence, hard drugs, and rape. Most likely, he didn't have many chances to learn how to deal with that kind of stuff from his computer. Now, that will be his everday life for the next 5 months. He will have to learn to survive in that environment, or he won't make it. When he is released, he will return to society having learned how to survive just like any other dangerous criminal.

      Granted, what he did was illegal. Although, currently he is not a violent criminal. All that he has done is run a server that was used to engage in copyright infringement. Now, he will have to learn how to fit in with violent criminals. Either he will be psychologically fucked up for the rest of his life, or he will adapt and be a bigger danger to society than he was before. I guess there's also the possibility that a few of the more violent/feared people in prison will recognize his skills and help him survive, but do we really want to give dangerous criminals more resources?

    46. Re:Silly Punishment by mrchaotica · · Score: 4, Informative
      I've recently started using the term "intellectual monopoly" for patents and copyrights, which is more accurate.

      You're in good company -- Thomas Jefferson always referred to them as "monopolies" (albeit without the "intellectual" part) too.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    47. Re:Silly Punishment by Chandon+Seldon · · Score: 3, Interesting

      Which means that only suckers/chumps would pick the pumpkins (or write the software, or create music), since their hard work would be immediately leeched away.

      Here's a hint... if everyone could get infinite free pumpkins then anyone who picked pumpkins *would* be a chump.

      Software's not quite the same. Software is a complex tool that lets people accomplish things - accomplishing things is worthwhile, so software will continue to be developed even if nobody buys it.

      A more interesting example is expensive Hollywood movies - as home thearters get as good as cinemas they may stop being sustainable. That's sad, but it's not so sad that I'd be willing to give up basic freedoms to preserve the MPAA's business model.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    48. Re:Silly Punishment by mrchaotica · · Score: 1

      I know that this is off-topic, but I can't resist asking: Why, oh why, did you use a <ul> and manual numbering, when a <ol> would have done just fine?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    49. Re:Silly Punishment by Chandon+Seldon · · Score: 1

      Scenario 1 isn't especially realistic. People will, at minimum, pay Jane Doe for custom enhancements to her software. She's not going to starve. Even the current copyright system can be maintained without throwing people in jail - Jane's corporate customers will pay for licences so they don't get sued.

      In fact, major software companies *love* piracy... it gets people using / trained in their software for free, who will later recommend that software to their employeers (who buy licences). Take Adobe... every time some kid pirates Photoshop they throw a party because it means he's not trying PaintShop Pro or The Gimp.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    50. Re:Silly Punishment by Anonymous Coward · · Score: 0
      telling people the combination to the safe

      Safe/home/car analogy = you fail.

    51. Re:Silly Punishment by drsmithy · · Score: 1

      As extortionate and ridiculous as the MPAA/RIAA are, at the beginning, middle and end of the day the crime is mass-distributing stolen goods, and that's all there is to it.

      Copyright infringement is not theft. Legally, morally, ethically, practically, hypothetically, or any other *ally you care to think of.

      What? You think that because the crime was committed on computers, he should spend five months without a computer? Be serious.

      No, I would think so because it wasn't a crime that in any way, shape or form deserves jail time.

      Murderers, rapists, violent criminals. Those are the kinds of people who deserve to be in jail. Not someone who runs a web site showing _other people_ where *they* can break the law.

    52. Re:Silly Punishment by dircha · · Score: 1
      You're in good company -- Thomas Jefferson always referred to them as "monopolies" (albeit without the "intellectual" part) too.

      And don't forget the "limited" and "temporary" parts! Or the "we" part!

      It's quite empowering to correct someone going on about ownership and theft of content by reminding them, "No, they own nothing. We The People permit them a temporary, limited monopoly on (in the case of copyright) reproduction of the material. We do so for the benefit of society as a whole, not on account of recognition of any inherent right to or ownership of it. We have the power through our legislative process to terminate their monopoly at any time we choose, for any reason."

    53. Re:Silly Punishment by cooldev · · Score: 1

      Software's not quite the same. Software is a complex tool that lets people accomplish things - accomplishing things is worthwhile, so software will continue to be developed even if nobody buys it.

      Your reasoning is a non-sequitur. Just because software is useful doesn't mean it will be produced perpetually for free. Even if I internally develop software to enhance my business of selling widgets, I'm not going to be inclined to distribute it for free (eating possibly hundreds of man years of cost!) so that someone else selling similar widgets can benefit with no cost.

      The abolishment of copyright would mean that software like this becomes a trade secret -- far more secretive and locked down than today's software.

      but it's not so sad that I'd be willing to give up basic freedoms to preserve the MPAA's business model

      I don't give a shit about anybody's business model. It's clear that the RIAA and MPAA haven't kept up with technology except when forced to do so. That said, the producers of works still have the right to decide how those works are distributed. If they take advantage of new technologies, great! If they find a way to take advantage of technology to minimize the reproduction/distribution cost but make money off ads, subscriptions, donations, or simply choose to give their creation away, great!

      But it's their choice. At some point in the creation process someone decides to create something, and has certain motivation for doing so. They may be motivated by money, fame, true altruism, the purple dinosaur, or whatever. Based on their motivation they must have the right to choose how their work will be distributed, and not stolen out from underneath them.

    54. Re:Silly Punishment by drsmithy · · Score: 1

      Prison is for:

      I strongly disagree that prison poses any sort of meaningful deterrent. Prison inmates are almost completely made up of people who:

      a) Knew they were breaking the law and would end up in prison if caught, but didn't care.
      b) Knew they were breaking the law and would end up in prison if caught, but were prepared to accept that risk and/or consequence.
      c) Didn't know they were breaking the law (possibly due to "temporary insanity" - ie: "crimes of passion") and/or didn't believe that incarceration would be a consequence of being caught.

      On a more opionated level, I don't think prison should be viewed or treated as "punishment". It should only be used to a) segregate sociopaths from the rest of society and b) offer the possibility for rehabilitation to occur.

    55. Re:Silly Punishment by shark72 · · Score: 1

      "Why send someone who hasnt harmed anyone to jail?"

      I think the thought process is this:

      • Piracy doesn't harm anyone. Nobody has ever pirated something to save money, ever.
      • All those people who acknowledge on Slashdot that they pirate to save money? They're lying.
      • Or, if somebody really is hurt financially by piracy, they are probably some rich executive who can take the hit.
      • Or, if they happen to actually need the money, then you're simply helping nudge them toward a more enlightened existence, where they release their stuff for free, and make their money playing concerts or selling t-shirts or something. If they're really trying to make money through their intellectual efforts, then they're not an artist.

      Nobody need worry about feeling the slightest bit bad for more than a few nanoseconds. Pirate all you want -- you're not hurting anybody, and in fact, you're probably helping them.

      "Wouldnt getting him to do community work be a better way of dealing with him?"

      Yes, then we could all feel free to run a Torrent site. A little community work isn't so bad, is it?

      --
      Sitting in my day care, the art is decopainted.
    56. Re:Silly Punishment by drsmithy · · Score: 4, Insightful

      You want to see the Enron exec go to jail. Fine. But don't start whining when the smaller fry have to serve their time as well.

      There is a vast, vast gulf of difference between premediated corporate fraud causing direct and demonstrable loss, and casual, non-profit copyright infringement. So vast a gulf, in fact, that it's difficult to see how the two can even be considered vaguely similar.

    57. Re:Silly Punishment by werewolf1031 · · Score: 3, Insightful
      You know, if it weren't for government enforcement of an artificially-created monopoly [...] IP laws are socialistic at their fundamental - attempting to "twist" free-market economics to try and achieve a social effect (encouraging innovation).
      So, you're saying that if I spend a year of my free time creating a fantasy game, complete with a new and unique world with its own history, events, species, characters, etc., and release that game for retail download from my website, according to you I have no right whatsoever to complain if someone else simply copies my work and tries to sell it themselves? I'm no fan of the *AA et al, nor of their (IMO) mobster business practices, and I believe Stanley got a bit too-harsh a punishment, but what you're saying goes too far the other direction. Intellectual property may seem like an artificial contrivance to you, but to someone who actually creates original works, the complete lack of IP laws would be just as bad for innovation as the current penalties for breaking those laws is bad for balanced justice.

      And that's what it's all about, folks: balance. On one hand, creators of original works need some way to make sure no one else can simply steal their hard work out from under them; on the other hand, the punishment needs to fit the crime and not be too heavy-handed. I don't claim to have the perfect solution, but the current set of laws isn't it.
    58. Re:Silly Punishment by StarKruzr · · Score: 2, Insightful

      No "people" owned the copyrights. Enormous, faceless corporations which are having no trouble turning a profit did.

      --

      +++ATH0
    59. Re:Silly Punishment by dthree · · Score: 1
      1. Jane Doe spends 10 years of her life 80 hours a week and $400,000 in funding..blah...blah...blah

      Cite 1 reference where this has happened IRL.
      --
      "I forgot my mantra."
    60. Re:Silly Punishment by shark72 · · Score: 2, Interesting

      "As far as I can tell, this verdict means we will haul librarians to jail if they put a photocopier into the library: providing others with the means to violate copyright."

      As the summary covered, he was nailed for conspiracy to commit copyright infringement. "Conspiracy" is the key word. Librarians are generally not involved in conspiracies to commit copyright infringement.

      If your response is "well, I see no difference...", keep in mind that this is what we have courts for. If your grandmother, your neighbor, or some random person on the street understands the difference between a librarian and the guy who runs "EliteTorrents," then your average judge will, too.

      I'm wondering if you really see no difference, or you're just slippery-sloping for effect. Can you clarify?

      "Where exactly is the line here?"

      There is no exact line... that's why cases go to court. Every case is different. You can't easily do an If A, Then B, as in your "running a torrent tracker / working in a library" comparison.

      --
      Sitting in my day care, the art is decopainted.
    61. Re:Silly Punishment by Anonymous Coward · · Score: 0

      He wasn't convicted of theft. He was charged with conspiracy to commit copyright infringement and copyright infringment. While copyright infringement alone might be a civil matter (I don't know one way or another), conspiracy to commit an unlawful act is criminal...

      Plus he plead guilty, most likely to avoid the possibilty of a greater sentance.

      IANAL, but I am in school to become one of those blood suckers.

    62. Re:Silly Punishment by shark72 · · Score: 1

      "He was knowingly and wilfully helping others to share information representated as bits and those others have decided to share information falling under the copyright law, amongst different information free from copyright."

      You are asking people to believe that EliteTorrents wasn't started with the express purpose of facilitating the torrenting of copyrighted movies, games, and music. I suppose that it might be possible to find somebody whom you could initially fool into believing that elitetorrents was intended for sharing linux distros and creative commons content, but even a brief look at the site would destroy any chance of getting somebody to believe that.

      This wouldn't even pass the laugh test.

      --
      Sitting in my day care, the art is decopainted.
    63. Re:Silly Punishment by blechx · · Score: 1

      If you don't want your language damaged you might concider not using the term "intellectual property" either, as RMS puts it, Anyone using that term has either been fooled, or are trying to fool you.

      Information can't be stolen and labeling it "property" in any way is problematic and leads to misconceptions like these.

    64. Re:Silly Punishment by dircha · · Score: 3, Insightful

      I couldn't agree more. The punishment should be proportionate to the crime. Isn't this a widely accepted minimum standard of justice? I've heard it said that the "An eye for an eye" standard of the Torah can be considered progressive in that it restricts arbitrary, disproportionate punishments. Whether this meant anything in practice I do not know, but I think most would agree that judgments of "Your arm for a finger" or "Your life for an eye" would be unjust, and not just because of their brutal nature. There is something that seems fundamentally wrong to us about disproportionate punishment.

      It is troubling that our society and our lawmakers seem to lose sense of this principal when it comes to monetary awards.

      U.S. Code pertaining to Copyright on a plain layman's reading (and the hell if I'll be ruled by laws that can't be understood by the common man) explicitly states that the prosecution need not establish that the award sought is even porportionate to the cost to the copyright holder of the defendant's infringement. If I were to send you 10 copies of the latest Christina Agulera (sp?...) album - whatever that might be - the fact that under no circumstances would you have considered paying for the album does not factor in at all. In fact, there isn't even any requirement that the actual cost of the album be factored into the monetary judgment against me at all.

      The amounts awarded in suits against casual file sharers are absurd.

      Judgments of many thousands of dollars against students and working people who in practice most likely resulted in an actual loss to the copyright holder of - if anything - a small fraction of the monetary award, are miscarriages of justice.

      And now jail time and a criminal record for facilitating casual infringement by a bunch of poor teenagers watching movies??? I personally don't infringe their copyrights primarily because I don't want their crap. But these vindictive bastards do not merit our money, and I would suggest in many cases neither do the artists who are in bed with them to make bucks.

      And you're right, the only thing worse than lawyers backing big monetary awards to line their own pockets are lawyers literally writing (for corporations, through congressmen) our needlessly complex legal code while at the same time criminalizing laymen trying to interpret amongst themselves the very laws we are ruled by, without paying their exhorbitant fees.

      It is no wonder our legal system lacks legitimacy in the eyes of the next generation.

    65. Re:Silly Punishment by mOdQuArK! · · Score: 1, Insightful
      So, you're saying that if I spend a year of my free time creating a fantasy game, complete with a new and unique world with its own history, events, species, characters, etc., and release that game for retail download from my website, according to you I have no right whatsoever to complain if someone else simply copies my work and tries to sell it themselves?

      That's right, if you're stupid enough to do all that work & distribute it in a form that anyone can copy & resell it, then you've got nothing to complain about except your bad business model. Same result as if I spent millions of dollars and years of my life doing research & development to discover the perfect toy, and determined that the perfect toy was the common everyday cardboard box. Lots of money & hard work, but I would have made a bad investment of my resources.

      You do not have the "right" to make money off anything you do, just because you happened to work hard to accomplish it. Goods & services have their values set by the BUYERS, not by the sellers. This is really basic Supply & Demand stuff. Even if you think your product is worth $10,000,000, if people are only willing to pay $10 for it then it's only worth $10 - no matter how much work you put into it. That's called the free market. Getting "special" laws passed to force people to pay for "value" which they would not otherwise be willing to spend is just the same as extortion.

      And that's what it's all about, folks: balance. On one hand, creators of original works need some way to make sure no one else can simply steal their hard work out from under them

      There is no reason to "balance" anything. The whole point behind IP laws was to encourage innovation - there haven't been any kind of reliable, objective economic studies showing that IP laws have resulted in more innovation than would occur without them. (Feel free to point me at some if you know where they are located.)

      You've still got this emotional attachment to what's "fair" (which is always one of those terms that everyone agrees on principle, but no one can agree on the details). The law shouldn't be concerned with what's "fair" though - that's too subjective, and ambiguity provides opportunity for greed & corruption. The law should be concerned with what will be best for the overall society.

      If you want to encourage content-creation, then figure out a societal mechanism to pay creators for their services (in those cases where there are no viable business models that can be exploited by the individuals). Maybe society can mandate a "cultural" tax, but allow each taxpayer to decide how (and to whom) they want those tax monies to be spent (just throwing out an idea). There's no need to violate free market economics & peoples' private property rights to encourage "innovation".

    66. Re:Silly Punishment by dthree · · Score: 1
      So, you're saying that if I spend a year of my free time creating a fantasy game,

      I think a related point is that software companies HAVE been able to find business models that survive in an environment where data can be copied almost effortlessly. Think of MMO games. The game data itself is not valuable to the company even though they spend sometimes millions creating it, its the service they provide that makes them money. They practically give away the data, and some even encourage you to share your disks with your friends. Another example can be found in web-based applications. How do you pirate Basecamp? Or digg? Or google? At some point everyone's bound to realize that sticking bits in boxes and lining the store shelves with them is a 20th-century business model based on a 19th-century business model. (perhaps even a 15th-century one)

      I do agree that a total lack of copyright and patent protection (I REFUSE to use the oxymoron "intellectual property") is bad and I think it would result in the decline of the arts and sciences in general. However, copyright has strayed way too far from it's original intent, it was never meant to help support the business models of media conglomerates, but since they own the lawmakers, they write the laws and indefinite copyright extention is inevitable.
      --
      "I forgot my mantra."
    67. Re:Silly Punishment by Anonymous Coward · · Score: 0

      he did harm the people who own the copyrights

      In what way does copying off someone harm them? I think you have bought into the IP myth. Ideas are not property and having someone duplicate your ideas does not harm you in any way more than being called a stupid poo-poo head. If you want to talk about being harmed and crime, having your home invaded and your arms cut off because you did not tell the robber where your valuables were kept is being harmed. Having your written expression being copied is not, at least beyond the sticks and stones category. That's why I post as AC. I could care less who copies me. Words, as a general rule - including copying those I write, will never hurt me. Only physically doing things against my body or other not-easily-replaced property or putting me in fear of same actually harm me. Artificial markets based on the law enforcing a pretend scarcity on something that is not scarce harms me. People who pretend that artificial scarcity should be enforced by physical harm -- sending people to jail -- harms me, as such policy fits squarely in the category of putting me in fear of physical harm against my body. At the same time ignoring artificial scarcity does not legitimately place anyone else in that category. There is no proportionality here. That is, the supposed crime doe not fit the punishment.

    68. Re:Silly Punishment by Anonymous Coward · · Score: 0

      I think you're simplifying things a bit... taking them off the streets is not the only reason for prison, there is also punishment/retribution and rehabilitation. And why is taking this person out of circulation such a loss for society? I thought their main activity was illegal, not some essential social service?

    69. Re:Silly Punishment by dthree · · Score: 1

      That brings up an interesting question. How would the framers have written this clause if they had known of an (essentially) free distribution method that would prevent someone from maintaining their limited monopoly?

      Hmm, maybe this is a better question: Can we the people lobby the legislature to terminate the monopoly of all creative "works-for-hire" owned by RIAA companies?

      --
      "I forgot my mantra."
    70. Re:Silly Punishment by cooldev · · Score: 1

      Cite 1 reference where this has happened IRL.

      It's hard to come by specific stories, especially individual's failures where they go out of business quickly without a huge commotion on the internet, but a little-known company named "id" which you might have heard of has made statements that corroborate my point such as:

      "Piracy is hard," Cloud continued, "It's really - from my opinion, destroying the PC market." Cloud believes there are many good ideas on how to solve the problem, "but when you look out there at the number of games that are getting pirated, it is just devastating."
      "There is about seventy-percent of the landmass of the world where you can't sell games in a legitimate market, because pirates will beat you to the shelves with your own game. And that is a serious problem," Hollenshead concluded.

      Another little company named Ritual Entertainment has commented that:

      Some recent calculations revealed that, last week, gamers with pirated copies of Emergence requesting support outnumbered gamers with legitimate copies of Emergence requesting support by a ratio of nearly five to one. This, understandably, is a source of great frustration for Russell, who is essentially performing two jobs at Ritual and who only has a finite amount of time to spend on each.

      But that's ok, right? Like another poster said, since other people pay for software, it means that *you* don't have to. You can be one of the pirates, and the chumps can pay to support the creation of the software.

      In another post I spoke about how this has affected my personal incentive, as well as other great software engineers I know. This is a real problem, and the only reason it hasn't collapsed is that people are basically good and have enough morals to know -- at least by the time they're on their own and not living with their parents -- that creating intellectual property takes a ton of time and effort, and therefore has value, and the choice of how the creator wants to distribute it should be respected.

    71. Re:Silly Punishment by Cyberax · · Score: 1

      Let's imagine another situation: this mass-copied Jane's software is (illegally) used by a scientist to create AIDS cure. What now?

    72. Re:Silly Punishment by shark72 · · Score: 1

      "There is a vast, vast gulf of difference between premediated corporate fraud causing direct and demonstrable loss, and casual, non-profit copyright infringement."

      As the summary noted, he pleaded guilty to a charge of conspiracy to commit copyright infringement. Elitetorrents was planned to be a warez site (premeditation) and it was a for-profit venture. He was pretty hardcore into the warez scene. Nothing casual about it.

      --
      Sitting in my day care, the art is decopainted.
    73. Re:Silly Punishment by theundergroundman · · Score: 1

      Righto. Forgot about that one detail.

    74. Re:Silly Punishment by Kjella · · Score: 1

      Just because the corporation owns the copyright doesn't mean that there aren't royalties to be paid, or that in some other way would trickle down to "real people" for example as salaries. I don't know if you've noticed the difference between a corporation barely turning a profit, and a company making huge profits, but usually the latter is a much better place to work too (both in salaries, job security, general penny-pinching and sponsored events). This is exactly the same jusitification for tax fraud for example, you're hurting a big faceless government which doesn't collapse over that loss.

      --
      Live today, because you never know what tomorrow brings
    75. Re:Silly Punishment by ClassMyAss · · Score: 1

      Your pumpkin argument breaks down: most working musicians play music primarily because they love it, not because they think they will sell records. In most cases, just about the worst thing that can happen to a musician's career is to get suckered into a major label deal. Normally all that will get you is a CD that's not on the shelves, an obligation not to sign with anyone else for a ridiculous amount of time, and occasionally even a good deal of debt, not to mention large amounts of your time wasted working on a project that the label never intended to promote. There are thousands upon thousands of bands out there that love to play music, want you to hear it, and are happy to give it away. I think it's going a bit far to call these people chumps - most of the musicians in the world sell their services, not their IP, and many programmers do the same.

      Does this mean that we should not respect copyrights? No, I suppose not. The law is the law, and it's not likely to change, although I might take issue with criminal cases being brought against offenders (esp. since as we know, YouTube is immune to this type of thing even though they actually host the offending content rather than just providing a link to it...gotta say, I still fail to understand the legal details behind this difference, although I get the spirit of the thing). But I can't say I'd shed a tear if all the labels went belly up due to file-sharing, since my general feeling is that their major purpose is not so much to aid the creative process along as to throw such large sums of money behind the top 100 cookie-cutter artists that none of the more original performers can get their stuff heard at all.

      Another way to look at it: if you leave out an unattended pile of apples and a sign asking that a dollar be put in a box for each one, then yes, I suppose if someone came and took an apple without leaving the dollar, it would be theft. If enough people were filching your apples, then the police might even arrest the people stealing them if you pointed them out. But you're still a freaking idiot for being in the unattended-pile-of-apples business. It should be your problem if you choose to sell a product that is too easy to steal for you to turn a profit, not the taxpayer's.

    76. Re:Silly Punishment by monsted · · Score: 1

      Enormous, faceless corporations are people too!

    77. Re:Silly Punishment by cooldev · · Score: 1
      Let's imagine another situation: this mass-copied Jane's software is (illegally) used by a scientist to create AIDS cure. What now?

      Jane sues said scientist for a percentage of the billions of dollars of profit he will get for selling said cure to (individuals | governments). ;-)

      More seriously, my situation was realistic and not an edge case hypothetical situation. Usually Jane isn't a single person who works for ten solid years, but more like a conglomeration of five people over two years who take a chance to build a product, and has a good chance of being run out of business because of piracy -- of either their own product or a competitor's product that would normally be 10x the price.

      As per my other post, currently the piracy situation in North America is mitigated by people with high enough moral standards to protect copyright, whether it be the GPL or commercial software. But just because the situation still happens to be managable doesn't mean that piracy is OK.

    78. Re:Silly Punishment by cliffski · · Score: 2, Interesting

      hardly a fair comparison. If the librarian allowed you to use the photocopier totally free, and provided 5,000 of them, and then plastered big signs up in front of the library saying "copy books free here, even unreleased ones!" and had installed special 'mega-copiers' that did all the scanning for you and then mailed the copied book direct to your house... then you may have a point.

      A photocopier in a library is a long way away from a bittorrent tracker that (according to wikipedia) was the first site to host a copy of revenge of the sith before it was even in theaters. Thats not an innocent kid just resharing something he found elsewhere on p2p2. Thats someone deliberately targeting new movies and aiming to be the first to distribute them.

      I'm not saying that jail time is the right punishment, but lets get some perspective here. Its not a kid downlaoding a single mp3.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    79. Re:Silly Punishment by AHumbleOpinion · · Score: 1

      I strongly disagree that prison poses any sort of meaningful deterrent. Prison inmates are almost completely made up of people who:

      a) Knew they were breaking the law and would end up in prison if caught, but didn't care.
      b) Knew they were breaking the law and would end up in prison if caught, but were prepared to accept that risk and/or consequence.
      c) Didn't know they were breaking the law (possibly due to "temporary insanity" - ie: "crimes of passion") and/or didn't believe that incarceration would be a consequence of being caught.


      "Didn't care"? Wrong.
      "Accepted risk"? Wrong.
      "Didn't know"? Wrong.
      "Didn't believe"? Wrong

      The real logic behind almost all inmates is: didn't think they would get caught. Seems even more true for this case, as is typical for white collar crime.

    80. Re:Silly Punishment by OakLEE · · Score: 1
      He was knowingly and wilfully helping others...

      You have the right idea, but the terminology is wrong. He might not have known he was helping them infringe (though I sincerely doubt that), but would say he was certainly reckless in thinking that infringement was not going on. That is to say an average reasonable person in his situation, knowing of the activities present on open, unregulated bittorrent sites (mininova or isohunt anyone?), would have foreseen the likeilhood that his open and unregulated site would have been used for copyright infringement, and despite knowing the risks, chose not to put in any safeguards to prevent the illegal distribution of copyrighted materials.

      In that sense he could have been criminally cupable. Now whether the statute itself punishes people for this particular mens rea, I do not know, and frankly do not care to look up right now.
      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    81. Re:Silly Punishment by Anonymous Coward · · Score: 0

      I don't know if you've noticed the difference between a corporation barely turning a profit, and a company making huge profits, but usually the latter is a much better place to work too (both in salaries, job security, general penny-pinching and sponsored events).
      Because all those child-labourers in Nike factories thought Nike's huge profits made their place a much better place to work when they shipped the work outside of the USA.

    82. Re:Silly Punishment by cooldev · · Score: 1
      Your pumpkin argument breaks down: most working musicians play music primarily because they love it, not because they think they will sell records. In most cases, just about the worst thing that can happen to a musician's career is to get suckered into a major label deal...

      As you can see by my other posts, I'm highly in favor of artists choosing the distribution model that works best for them. For some artists, giving away CDs or songs on the internet and then charging modest fees to attend performances is a *great* model and they should be free to do so. Again, it comes down to the creators being able to choose how their creation is distributed. I don't think we have any disagreement here.

      It should be your problem if you choose to sell a product that is too easy to steal for you to turn a profit, not the taxpayer's.

      The problem is that as the people creating software/music/movies/etc. find that people are willfully ignoring their copyright, they're resorting to draconian measures to force the content to be protected. This results in consumer-unfriendly solutions such as:

      • Product Activation (i.e. Windows XP, Photoshop PS2)
      • Hardware locks / dongles
      • Strong DRM (i.e. Blu-Ray, HDMI's "image constraint token", etc.)
      • Increasingly "tamper-resistant" game consoles (Xbox 360, PS3, etc.)

      So, I guess if you prefer a world where you could *try* to copy stuff without much risk of prosecution but the content providers end up locking everything down so hard that you can no longer even run arbitrary software on your PC, then YAY! you're winning. I prefer to have proper "fair use" rights over the content I buy and the ability to run arbitrary software on the hardware I buy.

    83. Re:Silly Punishment by Anonymous Coward · · Score: 1, Insightful

      I cannot fault the judge for finding him guilty when he pleads guilty...

      Certainly you can. The potential punishment allowed by these false scarcity laws makes any "I did it" declaration suspect as being in exchange for lenient punishment. That is, guilt established under duress is no guilt at all. It is a shame the legal system allows and even encourages "plea bargaining" and thus sells the justice out from under us.

      5 months in prison is a pretty light sentence compared to what he could have gotten. the maximum prison sentence for willful infringement is 5 years

      You prove my point.

      establishes criminal liability for willful copyright violation was added to section 506(a) of title 17 of the u.s. code on May 24, 1982

      This is less than 30 years ago. The paint is not even dry on this law.

      Name servers and the use of TCP/IP as the standard protocol for the internet [and DNS] didnt happen until [after this law]

      Good point. One might think this law is not really appropriate, seeing as it passed to appease distribution companies that did not like consumers buying videocassette tape players with copying capabilities.

    84. Re:Silly Punishment by Kjella · · Score: 2, Interesting

      It's not? It sure is the first time that I have heard someone being prosecuted for providing the technological means to somone else to violate copyright law.

      Try reading up on vacarious and contributory infringement. Try looking at the Napster case (which didn't store no files themselves either). Try looking at the DMCA, where it's a separate crime (implicitly assuming a tool to break DRM will be used to violate copyright law).

      As far as I can tell, this verdict means we will haul librarians to jail if they put a photocopier into the library: providing others with the means to violate copyright.

      If they installed a private copier where the whole setup was made to facilitate mass copying of books, then probably yes. It is sort of like being an accountant, which is legal. It's legal even if the clients are running some sort of scam operation, as long as you're not personally involved. But if you're the Mafia's accountant, then you're going to have a bloody hard time saying "I'm just the guy running the numbers, I haven't done anything illegal. I'm not part of any organized crime, I have no idea of this protection racket you speak of and I don't know anything about trade in illegal goods."

      I don't know where you think that this is anything new. Go back three hundred years, and I'm sure someone tried "Gee, I was only hired in to herd some cattle... at night... from this farm where we had to be quiet to not wake the farm up, to somewhere far off where we'd sell them. Guy who hired me said he owned them, I don't know about no cattle theft." Don't think it worked then, don't think it works now. If you're doing something that everyone that isn't blind, dumb, deaf and retarded can see is done as part of a crime, expect to be prosecuted for it. Operating a private tracker for a warez group is one of those things.

      --
      Live today, because you never know what tomorrow brings
    85. Re:Silly Punishment by leuk_he · · Score: 2


      5 months in prison is a pretty light sentence compared to what he could have gotten. the maximum prison sentence for willful infringement is 5 years (depending on the type of infringement. that's the worst possible case).


      How many months would be spend in prison before he was convicted if he decided to fight it? How many of those 5 months will actually be served (or what has been told to him about that?). Would they really charge him for 5 years if he had decided to fight it? How much would legal representation have cost him?

      I Really would like someone who keeps tracks on this kind of thing to comment on this. Or how this typically goes.

    86. Re:Silly Punishment by 1u3hr · · Score: 3, Insightful
      1. Jane Doe spends 10 years of her life 80 hours a week and $400,000 in funding from family and friends and loans to successfully build a revolutionary piece of software, which gets promptly stolen and mass distributed outside of her control. Jane and her family lose their livelihood and has to declare bankruptcy.

      How tragic. But this guy isn't going to jail for bankrupting Jane Doe. He's going to jail because his site had a Star Wars III pre-release. So now try making us feel sorry for George Lucas. Lucas actually got a load of free publicity from the "pirated release" at the time, and the box office was enormous.

      The feds don't give a shit about Jane Doe unless she has a lobbyist in DC.

    87. Re:Silly Punishment by TapeCutter · · Score: 1

      "I hope that Australia doesnt end up following America down this path."

      Too late mate, lucky Phil is on the job . We are being "harmonized" to comply with a certain Free Trade Agreement , here is a timeline of copyright changes in Oz, note how busy our law-makers have been over the last few years, with the last two entries succinctly describing the downfall of Kazza.

      "Why send someone who hasnt harmed anyone to jail?"

      A threat to the future of American civilization seems to be a common theme.

      Disclaimer: I like Americans, we have the same corporate owners.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    88. Re:Silly Punishment by Mr2001 · · Score: 1
      the crime is mass-distributing stolen goods

      Wrong. The Supreme Court held (in Dowling v. United States) that illegal copies are not stolen goods because copyright infringement doesn't "easily equate" to theft. There are laws specifically dealing with stolen goods--in that particular case, it was carrying stolen goods across state lines--and they don't apply to illegally copied material, even when it's in physical form.
      --
      Visual IRC: Fast. Powerful. Free.
    89. Re:Silly Punishment by Anonymous Coward · · Score: 0
      Enormous, faceless corporations are people too!

      Let's see...

      If you prick us, do we not bleed? If you tickle us, do we not laugh? If you poison us, do we not die? and if you wrong us, shall we not revenge?


      Well, there's NO, NO, NO and one YES. How do we vote on that, majority or consensus?
    90. Re:Silly Punishment by A+beautiful+mind · · Score: 1
      The Constitution was pretty clear in its aims, and I'm comfortable with the resulting temporary arrangement with the rights-holder being characterized as "intellectual property".
      If you can cite me where the constitution of the USA refers to copyright as intellectual property then you win the cookie. As far as I know the term intellectual property was invented much later than the drafting of your constitution.

      My point is, the wording matters because intellectual property conveys more than the constitution says and even more than what the current law is saying. One of the few inalienable rights in a democracy is the right to make a living (I think its a fancy way of saying that you can have private property). Copyright is _law_ not a right, so even that term is loaded, but by calling it intellectual property, it is likened to property, which it is not.
      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    91. Re:Silly Punishment by OakLEE · · Score: 1
      You know, if it weren't for government enforcement of an artificially-created monopoly, your example of Jane's attempt to make money would be called a "bad business plan".

      Ok so if there is no IP law, Jane has two choices. The first is to never make the software because she needs to earn a living and the Wal-Mart down the street will pay her to ring up cash registers. End result, society loses the value of that software, which is, let's say a 10% gain in societal productivity (it is revolutionary). Thus, we all have to work 8 hours a day to maintain our standard of living instead of the 7.2 hours we would have had to work if her software existed. (Alternatively, we could have raised out standard of living by still working the 8 hours a day and getting that extra production.)

      Jane's second choice is to make her bad business plan a good one. She does this by making the software impossible to copy. Maybe she puts it into an embedded device with encryption and self-destructive mechanisms in place to prevent tampering and by making sure only she knows the complete secret to producing the program. OK, too implausible? Lets say she does not do that, but instead drafts contracts which she makes all of her customers sign saying they will never distribute, sell, copy, or otherwise appropriate her software. These contracts are civily enforceable, air tight, and will bankrupt anyone that violates their terms. Jane now has a way of protecting her program, but she still has one more problem: how do you avoid selling them to people who do not care if you bankrupt them? The solution to that is price. Poor people, since they are poor, could care less if you bankrupt them since they have little to nothing to lose; they are judgment proof. Rich people on the otherhand stand to lose their fortunes, their lifestyle, and their status (this is a capitalist society), and on top of that, they can afford to pay a buttload of money for this software, and would get more out of it since 10% of their time is worth significantly more then 10% of a poor person's time. So Jane charges a lot of money and sells to rich people only. Societal result, the rich people who can afford to buy her wunder-program are 10% more productive and are better off (more time or more money). Everyone else stays the same (i.e., they are worse off relatively) and Jane still makes her money, and the program and its valuable knowledge remain closed off to society at large.

      Now, there is your market at work, but in which situation is society really that better off?

      Alternatively, reasonable IP laws are in place and respected by society at large. They create a societal contract, which protects Jane's work by giving her exclusive rights for a limited period of time in exchange her agreement to let the program lapse into the public domain after that period. Jane now will develop her program (without the burdensome costs of excessive copy protection), since she can recoup her investment, and while she still might just sell it to rich people, when her IP rights expire, society as a whole gets the rights to that program and can use it make themselves more productive. Now granted this is based on the assumptions that the period of time is reasonable, and that Jane won't get rich enough to bribe a couple Senators to change the law, but the point is that reasonable IP laws can work to make the market function in a way that better benefits society at large.

      IP laws are socialistic at their fundamental - attempting to "twist" free-market economics to try and achieve a social effect (encouraging innovation).

      A final note, I would be careful with this logic. Twisting the freemarket to achieve societal gains is the basic logic behind minimum wage laws, tradable pollution credits, vice taxes, and many other things which arguably make society better. Properly set rules and regualtions can internalize market externalities, which in turn can lead to market forces that more perfectly reflect societal value and policy choices. Think about that when considering the alternative slave-waged, smog (cars and cigarettes) filled world an completely unencumbered market might create.
      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    92. Re:Silly Punishment by pdbaby · · Score: 2, Insightful
      being sent to goal (or jail, if you like)
      If you're going to use archaic spellings to look cool, at least spell them right ;-)
      --
      Global symbol "$deity" requires explicit package name at line 2. - If only $scripture started "use strict;"
    93. Re:Silly Punishment by shutdown+-p+now · · Score: 1
      IP laws are socialistic at their fundamental - attempting to "twist" free-market economics to try and achieve a social effect (encouraging innovation). Unfortunately, there has been little or no solid proof that IP laws do any better at encouraging innovation than just allowing the free market to dictate what will sell.
      Actually, it's even worse. While their desired goal is certainly socialistic, the implementation attempts to camouflage as free-market capitalism via a very ugly hack (the concept of "intellectual property" itself). The result is that not only it does not work as intended (i.e. desired goal not reached), it also breaks the system horribly in the process.

      (A straightforward socialist solution would be to directly fund innovation with public money. A straightforward free-market solution would be to have no IP laws.)

    94. Re:Silly Punishment by OakLEE · · Score: 1
      If you can cite me where the constitution of the USA refers to copyright as intellectual property then you win the cookie.

      Article 1, Section 1, Clause 8:
      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;
      Specifically, "science" in its archaic definition reffered to knowledge of any kind (definition is from the oxford english dictionary, which charges for its website, hence no link). This knowledge has been extended to the protection of creative works of expression, which are the types of works protected by copyright law. Copyright law has existed in this country since its common law days in the 19th century and was first codifies with the Copyright Act of 1909. (I got this from my old IP Law textbook, Intellectual Property in the New Technological Age by Merges, Menell, and Lemley, go find it on Amazon).

      On a side note, patent law actually derives from the "useful arts" term in the Constitution, which explains the requirement of usefulness and why scientific theorms cannot be patented, because, for example, the theory of relativity as an idea has no usefulness, though its many applications do (and hence are patentable).

      Copyright is _law_ not a right

      Actually, the "right" is in the name itself. ;) That said, copyright in the US is largely based on the utilitarian aspects of encouraging creation and expression of knowledge, so its characterization in US legal culture as a "moral" or "natural" right is very weak. By countrast EU Copyright legislation (link), especially Continental legislation is based heavily in moral and natural rights theories like the right to ownership of the products of one's labor. In this regard, EU copyright law was actually much more expansive than US law up until the US ratcheted its law up in 1989 to come into compliance with the Berne Convention (which basically setup EU-style requirements as the basis for copyright law in Western nations).
      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    95. Re:Silly Punishment by Miasik.Net · · Score: 1
      Tough copyright penalties mean that there will also be tough penalties for breaking the GPL license which is also enforced under the terms of copyright law.
      Will any of those corporations breaking GPL go to jail?
    96. Re:Silly Punishment by Anonymous Coward · · Score: 0
      1. Jane Doe spends 10 years of her life 80 hours a week and $400,000 in funding from family and friends and loans to successfully build a revolutionary piece of software, which gets promptly stolen and mass distributed outside of her control. Jane and her family lose their livelihood and has to declare bankruptcy.

      Do you have ANY real world example for this exaggeration?

      BTW... "revolutionary piece of software" ... I (probably as well as any programmer who read that) am *melting*... rofl . In our wet dreams, we dream about making revolutionary advances in our fields, but if and when we accomplish it, nobody cares, or needs it, or understands the meaning of it. Meanwhile, big corporations shamelessly abuse that word for not much more then changing the skins on their next "versions" of ubiquitous applications.

      Furthermore, "REVOLUTIONARY"... made in 10 YEARS of exhausting work ... , you have no clue about programming, admit it! It is either revolutionary from conception and out in under three years (and that is top maximum... if first version does not get out in one year or even six months, ... there is no point in flogging dead horse), boosted by its novel ideas, or it won't fly at all. Ever. Transpiration is overrated, except in form of accumulated experience and insight. If you are working hard, you better don't make it worse by admitting it to others.

      I am sure such a devoted person as Jane Doe, even showing signs of utter incompetence and lack of creativity, would easily find position in a major PHB corporation, so you can stop the violins ("declare bankruptcy", indeed!).
    97. Re:Silly Punishment by __aalwyc6372 · · Score: 1

      what's wrong with this world, where anyone thinks that imprisonment can possibly help Rehabilitation? if anything, i would go insane, in a prison.

    98. Re:Silly Punishment by rich_r · · Score: 1

      which stolen goods might you be referrring to? Unless this chap shoplifted dvd's and cd's and made those physical units available on his site, nothing has been stolen. Copyright has been infringed and that is all. Prison worthy? Nope, not even slightly.

    99. Re:Silly Punishment by dfghjk · · Score: 1

      By your measure, jail time never helps society with non-violent offenders. It does, however, because it provides a deterrent to others who might consider committing similar crimes in the future. Few people respect the law simply because it is the right thing to do. The threat of jail time for many is all that creates respect for the law.

      If you aren't going to back up laws with punishment there is no need to have the laws in the first place.

    100. Re:Silly Punishment by dfghjk · · Score: 1

      "Someone hosting a bittorent site is NOT violating copyright."

      They may be conspiring to violate copyright though.

    101. Re:Silly Punishment by nickos · · Score: 1
      A straightforward socialist solution would be to directly fund innovation with public money. A straightforward free-market solution would be to have no IP laws.


      The socialist solution would mean that all creators of content/ideas would be compensated equally regardless of how good their stuff was. The free market solution would lead to rampant piracy.

      The question then is if there is another way to encourage good content/idea creation without "intellectual property".
    102. Re:Silly Punishment by Anonymous Coward · · Score: 0

      There is no justification for sending any non-violent man to prison. The fair and productive solution is simply restitution: if a man steals from another, he should be made to compensate the actual victim (NOT government) for 100% of what he stole plus damages. Using incarceration as the one-size-fits-all solution for any concievable crime (violent or not) is just absurd, and smacks of totalitarianism. On second thought, it is totalitarianism: what other policy could one expect from a totalitarian government?

      Of course, this will never happen: what's in it for government? They are making billions off the legal system as it stands, due precisely to the complexity and sheer size of it all.

      (Note that I haven't made reference to this particular case; I only wanted to make the point that prison is a solution for violent criminals, not the latest crime-of-the-week concocted by the power elite.)

    103. Re:Silly Punishment by dfghjk · · Score: 1

      Without knowing everything offered at the site, you can't assume there was any "information free from copyright" and that may well have an impact on the case. Curious that you would assume there was.

    104. Re:Silly Punishment by cpt+kangarooski · · Score: 1

      Actually, that was _this_ law. In the US, criminal penalties for infringement generally have been around since 1897. Unless you're a highlander or something, that's pretty dry paint.

      --
      -- 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.
    105. Re:Silly Punishment by Anonymous+Cowpat · · Score: 1

      and you think that by imposing a totally gratiuitous and unjust punishment on one person all of a sudden everyone one else will start to think "I will get caught" and will stop.

      The problem with the view that 'imprisoning people will make others think that they won't get away with it' is that to make people really believe that they will get caught you need a certain level of saturation of offenders being imprisoned. For a 'crime' which a large portion of society commits regularly you have to start imprisoning a large part of your population. Then your economy collapses.
      Either, you have to legalise it, or you have to accept that the prison sentences handed out are doing nothing for society and only making society look injust, or you have to collapse your economy by imprisoning most of your population.

      --
      FGD 135
    106. Re:Silly Punishment by dfghjk · · Score: 1

      Talk about someone who's not thinking. Jail is a deterrent, and putting someone in jail demonstrates the threat to others who might otherwise consider similar crimes.

      "Why would this make sense for a bt operator? Are they a threat to themselves or others? No, it's silly to imply otherwise."

      Besides that jail provides a deterrent, the bt operator IS a threat to others because he is likely to continue his criminal activities.

      "A fitting punishment to this crime can and should be settled in civil court; They are forced to make restitutions."

      If civil penalties are justified he may have to face those as well.

      "Taking someone off the streets and stop them from being a productive member of society..."

      Who says he is a productive member of society and why is that relevant? He is committing criminal offenses so his productivity is moot. Serial killers sometimes work day jobs.

      "...OR, let them continue working and paying off a fine."

      Put him in jail, have him serve his time, then have him pay off his fines when he gets out just like everyone else. It's not either/or.

      "Which makes more sense for soceity ( remember, over crowded prisons )? "

      So we're making qualitative judgements here? I'd vote that he take the place of a pot smoker in jail. If none of those, then any porn possessor or sodomite. What's he's done is enable distribution of content without payment to the content owners. What has the pot smoker done? There are plenty of criminal acts that clearly have no victim. This is not an example.

      "Which makes more sense for those wronged"

      I am wronged by the crime and I'd like jail time. It is the members of society that are harmed by a criminal act and you seem to be constantly confused by that. Criminal prosecution does not preclude civil lawsuit.

      "what benefit does the RIAA get out of him being in prison aside from evil pleasure"

      Jail time is not for the benefit of the RIAA. They can pursue civil action still.

      "And finally, what makes more sense for the convicted?"

      You've proven yourself entirely unworthy of making that judgement yourself since you are convinced no criminal act has been committed. Perhaps the judge should decide.

    107. Re:Silly Punishment by shutdown+-p+now · · Score: 1
      The socialist solution would mean that all creators of content/ideas would be compensated equally regardless to how good their stuff was.
      Who said the distribution should be equal? Of course it would mean that someone would have to decide who gets more and who gets less. Some have problems with it. Personally, I don't see why I should trust "free market" to do any better than a man (let's dream there for a moment and assume that we have a near-perfect democracy where you can trust the people you elect).
      The free market solution would lead to rampant piracy.
      It would, but why do you believe it is inherently bad? Yes, that means that business models relying on the existing artificial monopoly known as "copyright" would cease to exist... but when something like that happens, there will always be someone to take over the new free niches that would open. Such is the nature of the (truly) free market.
    108. Re:Silly Punishment by cpt+kangarooski · · Score: 2, Interesting

      I have no right whatsoever to complain if someone else simply copies my work and tries to sell it themselves?

      Basically, yes. Whatever useful right to complain that you've got is one that is given to you by the public, and is meant to serve the public interest. No one at all cares about you, or what you want, other than that it is a useful way to manipulate you. I.e. you want money, and we want public domain works, so we give you a limited, temporary monopoly that you gamble will make you money, and you create the work that we will ultimately get whether you actually make money or not.

      The lack of any laws wouldn't be all bad. There were no copyright laws prior to 1710 in England, and in most of the world not until well into the 19th and 20th centuries, and often copyright only covered some kinds of art and not other kinds. And a lot of works were created by authors who often could manage to be fairly successful and comfortable, entirely without copyright.

      But in any event, this is a red herring. There is a much stronger call for reform of the law than there is to abolish it altogether. Getting rid of criminal penalties, shortening the length of copyright (if the game makes you any money, it'll do so quite rapidly; you don't need many decades of copyright -- especially since you only need to make enough to incentivize you, so far as the public is concerned), shortening the scope of copyright (e.g. mandating that the source be revealed and deposited in the Library of Congress if you want a copyright, though you're free to rely on trade secret laws if you forgo copyright; or mandating that you can't use DRM if you want a copyright, though you're free to use it if you forgo copyright and think you can withstand a government supported DRM-cracking agenda meant to get those public domain works into all the hands that want them).

      Balance is irrelevant. The best copyright law is the one that best serves the public. No one cares how well authors do under it, except insofar as that affects whether the public is best served. Kind of like how a dairy farmer doesn't care if his dairy cows are happy, except insofar as it affects the milk yield. If treating them gently will make him more money, he'll do it. If treating them harshly will make him more money, he'll do that instead. Copyright's quite similar, with the public as the farmer, the authors as the cows, and their creative works as the milk.

      --
      -- 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.
    109. Re:Silly Punishment by Xyrus · · Score: 1

      Let's take this a step further. What about tobacco manufacturers? Why aren't they locked up for life and their product made illegal?

      I mean, an argument can be made the downloading copyrighted works deprives the author of money. But tobacco, tobacco acutally KILLS people. Yet no one has been put away for it. No prison time. And even civil penalties have been reduced.

      Tobacco companies are INDUCING death by the thousands, yet I've never seen nor heard of anyone serving time for it. And that's for something that is 100% proven to cause lung cancer and ultimately death.

      Two reasons for this: Tobacco comapnies pwn congress and they bring up the point of personal responsibility.

      And I agree with accepting personal responsibility. That's why, despite how much I hate big tobacco, that they have the right to sell their product. Ultimately, it's the person responsibility for smoking.

      The same should be said here. Just because BT is used for distributing copyrighted works doesn't mean the creator of a BT client should go to jail. It's the people distributing the works that should be tried (I don't agree with that either, but that's a different argument).

      I wonder who will ultimately win in these sorts of battles, those who support personal responsibility or those who support government babysitting. On one side we've groups like the NRA and on the other we've got groups like the RIAA. Personally, I think the NRA has more balls and a lot more guns. :)

      ~X~

      --
      ~X~
    110. Re:Silly Punishment by kthejoker · · Score: 1

      Is 30 years some magic number in which a law gains legitimacy in the public circle? I didn't realize our legal system had a time component as well as a guilty/innocent, component.

      "Objection, your honor. This law is what? 12 years old? And you expect my client to really appreciate its inclusion in the US Code? C'mon. C'moooooooon!"

    111. Re:Silly Punishment by anandsr · · Score: 1

      Actually the Enron Execs should not go to jail either. They should lose everything they have earned in their own lifetime. Also they should be made unhirable, and then left on the street, to live the rest of their lives as beggars.

      I believe the sentence should be that they must pay for the amount of losses they had caused and this should be taken from all of their available assets. And anybody who wants to help them (even to provide them food or shelter) must first settle the balance payment. They should also have to report to their nearest police station everyday, to prevent them from running away from this sentence. If they do run away then they can jailed ;-).

    112. Re:Silly Punishment by NDPTAL85 · · Score: 1

      You make it sound like enormous, faceless corporations don't deserve the profits that are being made with their copyrights. I bet you the employees who aren't faceless like being able to pay their bills. And furthermore, the good or bad of an instance of theft is not contingent on "need". Whether the corporation needs the money or not its still wrong to steal from it or anyone or anything.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    113. Re:Silly Punishment by ElleyKitten · · Score: 2, Insightful
      Balance is irrelevant. The best copyright law is the one that best serves the public. No one cares how well authors do under it, except insofar as that affects whether the public is best served. Kind of like how a dairy farmer doesn't care if his dairy cows are happy, except insofar as it affects the milk yield. If treating them gently will make him more money, he'll do it. If treating them harshly will make him more money, he'll do that instead. Copyright's quite similar, with the public as the farmer, the authors as the cows, and their creative works as the milk.
      Dairy cows should be treated gently, because they have feelings, too. By the same token, authors should be treated fairly. In fact, since they can talk and vote unlike cows, I imagine it would be rather hard to treat them harshly for the good of the public, which they happen to be a part of.

      I argee with most of what you're saying, but I don't think you can ignore the authors when making copyright laws. Copyright is kind of like a contract between authors and the rest of the public, and like any contract, it should be fair to both sides.
      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    114. Re:Silly Punishment by Anonymous Coward · · Score: 0

      off topic much?

    115. Re:Silly Punishment by master_p · · Score: 1

      With this kind of logic, torrent client developers like m-torrent or azurreus must be imprisoned...and maybe the inventor of the torrent protocol!

    116. Re:Silly Punishment by blueskies · · Score: 1

      The lack of any laws wouldn't be all bad. There were no copyright laws prior to 1710 in England, and in most of the world not until well into the 19th and 20th centuries, and often copyright only covered some kinds of art and not other kinds.

      And look at the explosion of commerce and innovation that happened once we had a good framework in place. There are a number of reasons the Industrial Revolution happened, but advances in technology (and law) and banking are huge contributors.

    117. Re:Silly Punishment by Zebidiah · · Score: 1
      Well technically he did harm the people who own the copyrights. IMHO they dont need the 'lost profits' he stole though.

      There is no proof that they lost any money. It's entirely possible (perhaps unlikely) that they may have made more money than they would otherwise.

    118. Re:Silly Punishment by Anonymous Coward · · Score: 1, Interesting

      If you've never been to prison then please kindly refrain from speaking like you know what you are talking about. From a middle class, white collar point of view I can see why so many of you who have responded would say so many ignorant things about sending a human being to hell on earth. That is exactly what our prisons are (white collar or not). I know first hand. And I can also report that there was no rehabilitation, just fear of prisoners, guards and death. Before anyone lazily dismisses my remarks please understand that I spent 6 months in jail for drug possession on a first offence, with no prior history. Plus, I was married with a 5 year old, had served my country for 4 years in the Army and was half way to finishing my I.T. degree. Did I mention that they tacked on 3 ½ years probation after I was released? Excessive, I think so. Justified punishment, not on your life! It was, is a punishment that should never have been. By the way, I am a productive member of society and do believe in the law, but not a strict, unbending interpretation.

      Murderers are evil, pedophiles are evil; people who commit physically violent crimes should be punished with jail/prison. Everyone else in my opinion should not. Do you really think our government or the officials tasked with running prisons care a bit about those people inside? Again, first hand, no. Do you honestly care? Or are you just interested in sweeping problems away where you won't have to deal with them anymore? The perception and reaction to wrong doing in this country is out of control. As a conservative republican I believe our government (all three branches) have led and have allowed, for much too long, uncontrolled and rampant legislation at the federal and state levels. When I was growing up I watched the movies, read the books and talked about the prevention of a "Big Brother" society of monitoring our every transaction, movement and word uttered. It happened anyway, and with blessings from those who would stand to lose power or influence due to (gasp) FREE THINKING and SHARING OF IDEAS! Does the act of copying and sharing Jimmy Buffet, Lil' Kim or Metallica really hurt anyone physically? Unequivocally no! So why send non-violent people to jail/prison? We should never have started that practice to begin with. If caught, should someone admit to what they have done and pay some kind of reasonable restitution? Absolutely. Yet we cannot respond positively to this issue when, like every other issue our country deals with today, we go ape shit and gang busters on it. When our so called "leader" passes a bill allowing for torture, for any reason, then I fear the dark side is not some axis out there, but the evil within our own society. Right, I know, the pres says we don't torture...and if you believe that I have a bridge to sell you.

      When did we become such a vindictive, angry society that we feel everything needs to be checked, monitored and reviewed? For the sake of economic progress and free market coddling I'm sure. After all, software and products in general are worth more than a human life. So if you copy software, movies or music...if you photocopy books, read a magazine in the grocery line without paying for it or copy a VHS tape from a friend then just understand before hand that you are a bad, bad person who deserves prison or maybe even torture. Give it a f**cking break America!

    119. Re:Silly Punishment by Kelbear · · Score: 1

      Glad I'm not the only one who thought the same.

      As long as the jail itself isn't a particularly rough one, 5 months and $3000 doesn't sound too unreasonable. 3 months would be better though. I still heavily resent the *AAs for being such jerks about it, but some sort of (appropriate) punishment for copyright infringement is a good thing.

    120. Re:Silly Punishment by Jtheletter · · Score: 1

      if you don't want it to be a criminal issue, you should be talking to your politicians and using your vote accordingly. Go organize some marches. Make some noise. If the majority of people truly feel as you feel, you'll get changes--not out of altruism or (necessarily) because the politicians agree with you, but because they want to keep their jobs

      I agree with the main portion of your post, but for the above I think the sad fact of the matter is, all of that work will be undone the moment an RIAA lobbyist makes an $X-thousand donation to that senator's campaign. :/ A vocal minority of voters is usually trumped by a politician's need for millions of dollars to win a Federal-level campaign. That's part of the problem, current politics require millions to win, the government is no longer accessible by just anyone, only the well-connected/well-heeled. Short of a *massive* grassroots donation campaign, an entire town's financial commitment can be dwarfed by a single lobby's donations.

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    121. Re:Silly Punishment by JesseMcDonald · · Score: 1

      . . . Even if I internally develop software to enhance my business of selling widgets, I'm not going to be inclined to distribute it for free (eating possibly hundreds of man years of cost!) so that someone else selling similar widgets can benefit with no cost.

      The abolishment of copyright would mean that software like this becomes a trade secret -- far more secretive and locked down than today's software.

      I'd rather that software remain a trade secret rather than be publicised in a way that places involuntary restrictions on its use. (What's the difference, really, between not knowing about the software and not being able to use it?) In practice, of course, most software is already developed in-house, and most in-house software (being useless in any other line of work) is already treated as a trade secret, copyright or no.

      Also, you could consider cooperating with your fellow widget-sellers for mutual benefit. Sure, that eliminates the (time-limited) monopoly profit of being the only one with the software, but it would still help you significantly--along with everyone else in that industry--by reducing the cost of production.

      That said, the producers of works still have the right to decide how those works are distributed.

      No, they don't have that right. What they have (in the U.S. at least) is an exclusive priviledge, granted or withheld at the whim of Congress (supposedly representing the will of the people) on the basis of their supposed authority under the Constitution. Unlike theft, which violates an individual right both older and more fundamental than the government, and would be wrong even if the government were not present to punish it, copyright infringement is a challenge to the government's authority to grant and enforce that priviledge.

      It is rather odd that despite their rejection of aristocratic titles and Merchantilist legal monopolies the founders chose to grant Congress the authority to grant monopolies on artistic works and inventions. Such monopolies didn't help in business or trade (excluding the individual groups granted the monopolies, of course); what made them think the practice would work any better in the arts and sciences?

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    122. Re:Silly Punishment by Shajenko42 · · Score: 1

      Don't forget the most common purpose -

      5. Revenge

      Many, many people who support being "tough on crime" only do so because it feels good to hurt those people who have "hurt" you (I say 'hurt' in quotes because many crimes don't actually hurt anybody except the perpetrators themselves). They really don't care whether it helps society, or prevents future crimes.

    123. Re:Silly Punishment by Anonymous Coward · · Score: 0

      "Besides that jail provides a deterrent, the bt operator IS a threat to others because he is likely to continue his criminal activities."

      Total BS. He's not a threat to anyone. Prison should be for violent criminals only, IMO. For one, it simply costs too much money and is a total waste of time to be putting people like this in prison. Put him under house arrest, fine him, make it illegal for him to use a PC, whatever... Jail is a waste of time and as others have pointed out it may actually make him a worse individual.

      "So we're making qualitative judgements here? I'd vote that he take the place of a pot smoker in jail. If none of those, then any porn possessor or sodomite. What's he's done is enable distribution of content without payment to the content owners. What has the pot smoker done? There are plenty of criminal acts that clearly have no victim. This is not an example."

      So do PC, blank media, and DVD writer manufacturers... He may have set up a system than enabled copyrighted materials to be distibuted, but he didn't actually do the distributing. Also, it could have just as easily been used to distribute non-copyrighted materials. Most BT trackers do contain a percentage of such materials. In the end, he didn't actual "steal" a damn thing.

    124. Re:Silly Punishment by DamnStupidElf · · Score: 1

      So, you're saying that if I spend a year of my free time creating a fantasy game, complete with a new and unique world with its own history, events, species, characters, etc., and release that game for retail download from my website, according to you I have no right whatsoever to complain if someone else simply copies my work and tries to sell it themselves?

      If there were no copyright laws, there wouldn't be any incentive for someone else to "steal" your work and sell it. In fact, they'd just save you money by paying the bandwidth bills for distributing your work. So, how could you be compensated for your work? You could create an open environment where other artists were free to add content to your game for you to enjoy, or you could just ask for donations from people who liked it. Freeloaders may be prevalent, but as the Internet and cassette tapes have proved, freeloaders will *always* be freeloaders. The percentage of would-be freeloaders who buy things simply because of copyright law is vanishingly small. There are plenty of honest people who will support the artists they like, and they would pay for it based on social mores, not copyright law. As long as there is healthy respect for artists (and NOT the distribution middlemen currently selling content), there will be plenty of money for artists.

    125. Re:Silly Punishment by JesseMcDonald · · Score: 1

      Maybe society can mandate a "cultural" tax, but allow each taxpayer to decide how (and to whom) they want those tax monies to be spent (just throwing out an idea). There's no need to violate free market economics & peoples' private property rights to encourage "innovation".

      On the whole I agree with you, but you do realize that this part is a contradiction, right? Taxes violate both free market economics and peoples' private property rights. (It is, however, worth considering that outright theft through taxes may be better than the insidious restrictions on which copyright enforcement depends, or the hidden costs that it creates.)

      One proposal that would be consistent with property rights (and thus free market principles) would be to sell artistic works in advance, as preorders. For something relatively expensive (a movie, for example) the studio could create an inexpensive trailor (or other marketing material) and use it to collect preorders from interested customers; the actual production would commence once enough people demonstrated interest (and promised payment). Since the preorder is a binding contract the studio would be guaranteed the revenue necessary to cover their costs, provided they meet the terms of the contract (which would probably include independent review of the final product, to hold the studio accountable).

      Another option is collective bargaining, conducted through a variety of subscription-supported consumer organizations; the consumers would subscribe to organizations reflecting their tastes in art, and the organizations would then use their subscriptions to fund the production of artistic works suitable for their members. This could be used independently for small projects (music, paintings, photographs, books, etc.) or combined with the above proposal for larger items spanning the interests of multiple organizations.

      Best of all, either of the above proposals could be implemented right now, although it would help if they weren't competing with a system based on government-granted monopolies. I'm sure there are also other systems that could work, but we probably won't discover them so long as copyright remains in force.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    126. Re:Silly Punishment by StormReaver · · Score: 1

      "As far as I can tell, this verdict means we will haul librarians to jail if they put a photocopier into the library: providing others with the means to violate copyright."

      Copyright laws still provide for fair use (even after the DMCA). You are still allowed to make limited copies of small portions of copyrighted works for certain uses (such as education). If the librarian provided a means for wholesale copying of entire works, then that librarian would be hauled off to jail.

      It is important to understand that this guy was not jailed for using Bittorrent, or for running a tracker. He was jailed for providing a means for the unauthorized wholesale copying of copyrighted works. A Bittorrent trackers was merely the means he chose to do so. He would have been just as guilty if he had used some other technology.

      Trackers must target specific data. If you put up a Fedora Core tracker, Led Zepplin's greatest hits will not sneak itself into the feed. He chose to knowingly provide a means to continuously violate the copyrights of an organization world famous for suing people over copyright infringement, and he got caught. He got off with a slap on the wrist as a warning to others. He should be grateful he still has a life to lead.

      In one respect, I can agree with the RIAA and the MPAA: don't copy other people's work without their permission. That is the part of the USC he violated. It is straight forward.

    127. Re:Silly Punishment by A+beautiful+mind · · Score: 1

      Sorry, you must have misunderstood me. I'm aware that copyright is in the constitution, my point was that the actual wording wasn't "intellectual property". My whole post was about wording, because I consider "intellectual property" a misleading term.

      While I'm no expert on the history of copyright, I'm aware of it's history from the 17th century.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    128. Re:Silly Punishment by King_TJ · · Score: 1

      I'm in total agreement with you, except if I'm reading this original story correctly, didn't he plead guilty rather than fight his case in court?

      If you admit guilt, then all bets are off. Government no longer has to justify why you deserve your punishment, or explain why running a tracker site is, to them, equivalent to actually distributing the material illegally.

    129. Re:Silly Punishment by mOdQuArK! · · Score: 1

      If you'll read the history of innovation carefully, you'd realise that the explosion of commerce & innovation that occurred (at least in the U.S.) during the Industrial Revolution was because that U.S. commercial interests copied technology and business ideas shamelessly from Europe, and ignored their complaints about patent violations.

      It's only after the U.S.'s industrial power had matured that the powers-that-be started having an interest in enforcing IP laws, as a way of maintaining the status quo. There's plenty of anecdotal evidence that the current IP regime is doing better at retarding innovation than encouraging it.

      Interestingly enough, the world is currently in the same position with regards to China, where they're pretty much paying only lip service to IP rights while "stealing" all the technology they can copy (while the "developed" nations squawk about IP rights). Time will tell if the same strategy will yield the same results - with China as the preeminent superpower, where the U.S. falls into a technological has-been status.

    130. Re:Silly Punishment by Anonymous Coward · · Score: 0

      but to someone who actually creates original works, the complete lack of IP laws would be just as bad

      Nope. Maybe for you personally since it doesn't suit the business model you have in mind, but not for anyone who creates original works.

      Plenty of musicians are more than happy to give their music away for free, and make money on concerts/t-shirts.

      Plenty of game developers are more than happy to make their money in subscription fees. And, for that matter, plenty of game developers are more than happy to give their games away for free.

      So, not everyone agrees with you, and not everyone in your industry agrees with you.

      Personally, I think that taking control of an individual's hardware away from that individual is a far greater crime than simply duplicating data.

      Insofar as balance is concerned, I think it is morally acceptable to pass a law that says you can sue someone if they are actually selling copies of your work (or bundling it with something they sell). If there is real money flowing back, and you hold a copyright, then you can sue them for that money plus fees (IMO). But IMO you shouldn't be able to sue them for giving it away for free, nor should you be able to make it illegal for them to use hardware/sites that empower them to do this. That is just too much of a restriction on personal freedom.

    131. Re:Silly Punishment by OakLEE · · Score: 1

      That's fair. I would still argue that the concept of protecting intellectual property is in the Constitution by the fact that it authorizes Congress to give authors "exclusive rights" to works which promote the progress of science and the useful arts. IP as a term refers to these exclusive rights since the Constitution in effect is protecting the author's created knowledge. I really cannot think of any other way to interpret the clause. Any suggestions?

      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    132. Re:Silly Punishment by mOdQuArK! · · Score: 1

      I can see that no one is reading my comments beyond the first paragraph or so (not that I'm surprised).

      At least as far as software is concerned, I gave three viable business models (an economist or clever businessperson might be able to think of some additional) that do not depend on current IP laws:

      1. writing software as a service,
      2. using software to provide services, and
      3. writing software to be embedded in hardware.

      Your scenario of being reduced to ringing up cash registers is alarmist and unlikely.

      All of these business models are already being used successfully by many small businesses to provide REAL products and services that everyone from poor to rich people can afford.

      Your scenario of only rich people being able to afford software-enabled products/services is also alarmist and unlikely.

      Software is an easy argument for me though - if you want to make YOUR argument for IP stronger, you should concentrate on entertainment content-creation.

      I'm pretty sure that the entertainment industry would not be able to survive in its current form without the protection of IP laws - I suspect you'd end up with more of a "payment for performance" market, with media distribution being chalked up as a promotional expense. I don't think it would be easy for the current set of large media companies to exist as they do without being able to use the legal fiction of IP to control the flow of the information they are generating.

      I'm pretty sure that the market would do just fine without the existence of those companies, however - it would just look different.

      Then, the argument becomes whether allowing this kind of control over information is good for society or not.

    133. Re:Silly Punishment by Jonny_eh · · Score: 1

      If you're going to correct a spelling, at least provide the spelling (gail)

    134. Re:Silly Punishment by mOdQuArK! · · Score: 1
      The socialist solution would mean that all creators of content/ideas would be compensated equally regardless of how good their stuff was. The free market solution would lead to rampant piracy.

      You hardly need to compensate everyone "equally" regardless of quality.

      And the free market solution is the "natural state" of things - as I've been repeatedly saying above, in a free market it would be stupid to try and make huge profits by selling a product which takes a lot of resources to create but which can be cheaply distributed by anyone who wants to.

      Most successful businesspeople when they are confronted with a non-viable business plan have to stretch their minds a bit & figure out an alternative way of selling either goods or services which people are willing to buy in a free market. Someone who thinks that a "viable" businessplan is to get laws passed which protect their bad business plan is just being damn greedy.

      The question then is if there is another way to encourage good content/idea creation without "intellectual property".

      How about a hybrid approach? Use a "socialist" approach to require that some % of taxes must go toward "content-creation" (you probably would want to distinguish between science & cultural content-creation), but have some mechanism where the taxpayer can decide where & to whom their taxes go to? This would encourage the flow of society's $$s into content-creation, but do it in a way that allows free-market type of decision-making to determine what kinds of things each individual in the society finds valuable.

      Speaking as an annoyed taxpayer, I'm more annoyed by the idea that my taxes are being wasted or are being used for corrupt purposes than I am by actually paying the taxes. If I had a decent amount of control over how my own personal tax monies were being spent, I'd probably be quite a bit less snarky about paying a reasonable amount.

    135. Re:Silly Punishment by RxScram · · Score: 1

      If you're going to correct someone for not correcting a spelling, at least provide the correct spelling (gaol)

    136. Re:Silly Punishment by OakLEE · · Score: 1

      1. writing software as a service,
      2. using software to provide services, and
      3. writing software to be embedded in hardware.


      I believe I sighted all three. I mentioned the embedded hardware specifically, and the contracts needing to be signed by the customer imply that that software itself would not be a commodity. Even assuming I did not mention services and Jane decided to offer the software as a service, she still would have to protect the service via contract law. The result is added transaction costs for the product in the form of monitoring customers and enforcing the contract. This would result in an increase in litigation, since there is no societal pressure to comply with the terms of the contracts unless they see that they are bieng enforced. The need to create a contract though illustrates a larger point about IP laws, and that it is that they are a natural evolution of the market. Think about it. What is Jane doing with the contracts? Limiting use and securing herself exclusive righs with respect to the customer. The function of IP law is to move these transactional costs off the customer, who would have to deal with them on a person-by-person basis, and amortize the cost over the whole society. Instead of every customer having to sign a contract, Jane goes to the copyright office and registers it, in effect granting her that same protection without the overhead. Result, the software is cheaper. Can you imagine what a pain it would be if for every music CD or program you purchased, the owner maid you sign a use agreement. It would be a hassle.

      As a final note, you are right about copyright and software not jiving well together. Software if anything would more perfectly fit under the patent scheme of IP since its value is from its novelty, not its creativity. I have an arguement for creative works. But I'll post that some time later.
      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    137. Re:Silly Punishment by AHumbleOpinion · · Score: 1

      and you think that by imposing a totally gratiuitous and unjust punishment on one person ...

      He got 5 months for criminal *conspiracy*, where is the injustice?

      ... all of a sudden everyone one else will start to think "I will get caught" and will stop ...

      Everyone no, but some out there will no longer continue thinking that no one ever gets caught or punished.

      ... The problem with the view that 'imprisoning people will make others think that they won't get away with it' is that to make people really believe that they will get caught you need a certain level of saturation of offenders being imprisoned ...

      Wrong. Saturation merely increases the number deterred. Going from zero to one and publicizing it widely, which is what slashdot is doing here, will deter some. As more are punished, more will be deterred, ... Will it deter all? No, but some will be deterred and those who won't have had the illusion that know one gets punished removed.

      ... For a 'crime' which a large portion of society commits regularly you have to start imprisoning a large part of your population.

      Wrong. He wasn't prosecuted for watching a pirated movie. He was prosecuted and convicted for entering a criminal *conspiracy*, very few members of society do that.

    138. Re:Silly Punishment by dfghjk · · Score: 1

      "Total BS. He's not a threat to anyone. Prison should be for violent criminals only, IMO."

      There are plenty of victims of non-violent crimes. Express your opinion to all those that lost their retirement savings to the Enron fraud. Would having your car stolen be considered a violent crime? Your skateboard? I guess we should forget about any of our rights to property.

      "He may have set up a system than enabled copyrighted materials to be distibuted, but he didn't actually do the distributing."

      He pleaded guilty to conspiracy AND criminal violations of copyright. That means he conspired to commit copyright violations with other(s) AND he committed them himself. You may say otherwise but you are wrong and he says so himself.

      "Also, it could have just as easily been used to distribute non-copyrighted materials."

      No proof of that was offered, but so what? As I said before, serial killers sometimes have day jobs but that doesn't make them good people.

      "In the end, he didn't actual "steal" a damn thing."

      Nice try making an inane argument but I never mentioned "steal" or "theft". It must make you feel better arguing semantics rather than facing the real issue and that is that unauthorized distribution is a crime.

    139. Re:Silly Punishment by ErixTr · · Score: 1

      If you are going to correct someone correcting someone for not correcting a spelling, at least provide the meaning of the corrected word for non-native English speakers.

      --
      less is more
    140. Re:Silly Punishment by RxScram · · Score: 1

      why?

    141. Re:Silly Punishment by Anonymous Coward · · Score: 0

      Yea - sort of. I don't have the "right" to profit off anything I do. Nor do you have the right to use/enjoy anything I produce unless I grant it. So buyers acan determine the price they are willing to pay for something and sellers have the right to determine whether they want to sell. If the price you are willing to pay isn't at least equal to the price I want to let you use it then you shouldn't get it.

    142. Re:Silly Punishment by AuraOfDeath · · Score: 1

      It doesn't matter if his grandmother, neighbor, or other random people understands the difference, they're all listed in John/jane Doe lawsuits and waiting their turn anyways XD.

    143. Re:Silly Punishment by Darth · · Score: 1

      How many months would be spend in prison before he was convicted if he decided to fight it?

      Well, assuming he isnt considered a flight risk, he should be able to make bail and be released until his trial. Also, it isn't unheard of for judges to sentence people to jail terms and give them credit against that sentence for time served during the trial.

      How many of those 5 months will actually be served (or what has been told to him about that?).

      considering it's only 5 months, i suspect he'll have to serve it all. If they were going to grant him probation before the 5 months was up, they'd have just sentenced him to 5 months probation in the first place.

      Would they really charge him for 5 years if he had decided to fight it?

      5 years is the maximum sentence. Pleading not guilty and losing doesn't mean you will get the maximum. Sentencing is determined separately.

      How much would legal representation have cost him?

      If he couldn't afford a lawyer, one would be appointed to him by the court for free.

      I am not a person who keeps track of this kind of thing, though.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    144. Re:Silly Punishment by Darth · · Score: 1

      Certainly you can. The potential punishment allowed by these false scarcity laws makes any "I did it" declaration suspect as being in exchange for lenient punishment. That is, guilt established under duress is no guilt at all. It is a shame the legal system allows and even encourages "plea bargaining" and thus sells the justice out from under us.

      I disagree. If the judge thought the defendant was making the plea under duress, he has an obligation to not accept the plea bargain. (judges can do that)

      As far as i know, the judge is under no legal obligation to sentence according to the agreement between the attorneys anyway. He could have given the guy 5 months probation if he wanted. (actually, i dont remember if there was a minimum sentence required so that might not be entirely true).

      Good point. One might think this law is not really appropriate, seeing as it passed to appease distribution companies that did not like consumers buying videocassette tape players with copying capabilities.

      I don't understand why you think the law wouldnt be appropriate since it predates the public awareness of the internet. There is nothing in the law that limits it to just infringements that were possible at time of its passing.

      Personally, i think one of the most ridiculous things to come out of the popularity of the internet is the rush to create new laws to do that same thing existing laws do, but for the internet. The old laws still apply and the only reason they are trying to pass new ones is to make them more restrictive than the old ones.

      Also, i disagree with your assertion that it was passed as a response to vcrs. If you have any corroborating evidence for that assertion, I would be interested to see it.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    145. Re:Silly Punishment by Anonymous Coward · · Score: 0

      The other tragedy in this is that the tax payer foots the bill to keep him in prison. Send the bill to the RIAA and MPAA if they believe jail is the right punishment.

    146. Re:Silly Punishment by glesga_kiss · · Score: 1
      we could clean up the books quite a bit and put a lot of lawyers out of business, so in other words it will never happen

      Well said. Here's the science: (source article)

      Corporations and affiliated individuals have coughed up a big chunk of that money. By industry, the top honor on the giving roll goes to lawyers and law firms, with $89 million contributed, according to Federal Election Commission data compiled by the Center for Responsive Politics, which describes itself as nonpartisan and nonprofit. As the Republicans have said in campaign after campaign, the bulk of that -- 69% to 30% -- has gone to Democrats. But the Republicans don't need to worry; there's plenty of money coming into their till from other industries. Second place goes to the retirement industry with $86 million (54% goes to Republicans). Third place? The real estate industry with $53 million (57% goes to Republicans.)

    147. Re:Silly Punishment by cpt+kangarooski · · Score: 1

      Dairy cows should be treated gently, because they have feelings, too.

      I disagree. I am not advocating cruelty as an end unto itself, but I have no problem with necessary harm. If milk yields can be safely improved best by kicking the cows, then that's what should happen. If they can be safely improved best by massaging them, then I'd be in favor of that. I certainly wouldn't kick a cow for the hell of it; that's a waste of effort that could be used more productively and might imperil yields.

      This is all more clear if we move from dairy cows to, say, bees (which don't at all like people taking their honey), or animals raised for slaughter (which would prefer not to be killed and eaten).

      By the same token, authors should be treated fairly. In fact, since they can talk and vote unlike cows, I imagine it would be rather hard to treat them harshly for the good of the public, which they happen to be a part of.

      Yes, but authors-as-members-of-the-public are not appreciably different from other members of the public. They like getting works for free, they like the freedom to use others' works, etc. They're only different when they want something at the expense of all members of the public who aren't authors. And then, the appropriate question is why they should get something at everyone else's expense unless everyone else benefits from this more than they would if they said no.

      I don't think you can ignore the authors when making copyright laws

      Why not? I simply mean to not favor them in any way. If giving them something is so beneficial for the public that it makes up for the cost of giving them the thing, and ultimately yields a net public benefit, then it's in our interests to do so. But I'm not doing it merely because it benefits them or they ask for it.

      And if giving them something yields a net public detriment, then it is in our interests to deny them. Again, we're not doing it merely because it benefits them or they ask for it.

      I'm happy to give artists whatever they want, so long as I am better off for it. But copyright is not a charity, and artists must never get any copyright just to be nice or fair. Besides, no artist asks for a copyright to be fair. A copyright is control over what other people can do, and is almost invariably sought because the artist wants to make money. Given that artists are acting out of their own self-interest, I see no reason for the public at large not to do the same.

      Copyright is kind of like a contract between authors and the rest of the public, and like any contract, it should be fair to both sides.

      Not only is copyright not like a contract, but contracts are never required to be fair to both sides, which is good since they are virtually never fair.

      --
      -- 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.
    148. Re:Silly Punishment by cpt+kangarooski · · Score: 1

      And look at the explosion of commerce and innovation that happened once we had a good framework in place. There are a number of reasons the Industrial Revolution happened, but advances in technology (and law) and banking are huge contributors.

      Post hoc, ergo propter hoc? That's a fallacy, not an argument.

      --
      -- 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.
    149. Re:Silly Punishment by TubeSteak · · Score: 1
      How tragic. But this guy isn't going to jail for bankrupting Jane Doe. He's going to jail because his site had a Star Wars III pre-release. So now try making us feel sorry for George Lucas.
      Yea, but you're managing to sidestep the fact that the laws which protect Jane Doe & her 10yr investment also protect George Lucas.

      How do you distinguish (within the law) between $400k in damages to Jane Doe and $400k in damage to George Lucas?

      You can't have it both ways. Either you protect them both, or you don't protect either of them.
      --
      [Fuck Beta]
      o0t!
    150. Re:Silly Punishment by mOdQuArK! · · Score: 1
      I mentioned the embedded hardware specifically, and the contracts needing to be signed by the customer imply that that software itself would not be a commodity. Even assuming I did not mention services and Jane decided to offer the software as a service, she still would have to protect the service via contract law. The result is added transaction costs for the product in the form of monitoring customers and enforcing the contract.

      I have no idea why you think any kind of extended contract is necessary for these transactions. A software developer _doesn't need to control how the customer uses the software that the developer wrote_ for the developer to be able to make a living. That was the whole point of those three business models I described.

      You wouldn't require a long-term contract to have a furniture maker build a custom chair for you, would you? You give him the spec., he makes the chair, and if you're happy with it you pay him for it. Any contract (if any) isn't going to extend beyond short-term arrangements to make sure the seller & buyer aren't trying to pull a scam.

      You've got to get beyond thinking that content-creators somehow "deserve" to control ideas they've released to someone else, otherwise you'll never be able to conceive of _any_ other social structure other than something that enforces IP. Argue your case from the viewpoint of societal benefit, and back it up with some studies.

      Of course, I'm arguing from the easy case - in the absence of any solid proof that IP laws provide a net benefit to society (and with a fair amount of anecdotal evidence that IP laws are currently retarding innovation), it's my belief that the market forces should be allowed to dictate the value of so-called IP without government interference. If there are some good studies that indicate that IP laws really DO encourage net innovation, then I'd have to reevaluate my stance.

    151. Re:Silly Punishment by cheater512 · · Score: 1

      lol. I'm sure the RIAA employees are able to pay their bills rather easily.

    152. Re:Silly Punishment by 1u3hr · · Score: 1
      Yea, but you're managing to sidestep the fact that the laws which protect Jane Doe & her 10yr investment also protect George Lucas.

      Well, actually Jane isn't being protected at all unless she can afford a lawyer.

      My point is that you were trying to pull on our heartstrings to make us feel sorry for an imaginary victim, when the real one is a billionaire. He has rights too, of course, but leave it at that. Don't talk about brave entrepreneurs losing their homes.

    153. Re:Silly Punishment by OakLEE · · Score: 1

      I have no idea why you think any kind of extended contract is necessary for these transactions.

      Software as a Serice

      OK, so Jane provides her software by writing custom versions of it for her customers. From her perspective, how does she make sure that they won't reverse engineer it and start selling it on their own, ruining her business? Answer: She makes them sign a licensing agreement (a contract).

      Using Software to Provide Services

      OK, so instead of giving the software to them, they send the input data to her, and she returns them a result. The web actually makes this relatively easy these days so lets assume that the transaction costs of sending and recieving the information are next to nothing. Now the customer has a problem, if their data is sensative, what kind of preventative meassures can they exercise to ensure that Jane doesn't look at it and misappropriate it at her will? Sure they could probably sue her in tort for misappropation, but more likely they would negotiate a non-disclosure agreement (a contract!) with her to legally bind her before the fact.

      Embedded in Hardware

      Once again, if the software is valuable enough, customers might reverse engineer the hardware so they can sell it. It's the same problem as writing software. Don't think it would happen? Ask IBM about Compaq, or Intel about AMD.

      Remember, in all of these cases, Jane's goal is to keep the program itself out of the public domain or competitor's hands. She will take all reasonable steps to ensure this, and if there are no reasonable steps she can take to protect her program, she will simply not write it.

      The beauty of IP, I assert again, is it essentially does away with all of this by giving Jane rights to her program that would be similar to the rights she would have over a tangible invention. That is to say the rights to distribute it, reproduce it, sell it, and exclude others from it. IP essentially commoditizes information, by making it tradeable (buy or sell). The end result for Jane, is that she can just box and sell her program to the world at large, instead of dealing with the overhead of a service industry (acquiring and maintaining a base of clients).

      You've got to get beyond thinking that content-creators somehow "deserve" to control ideas they've released to someone else, otherwise you'll never be able to conceive of _any_ other social structure other than something that enforces IP.

      Copyright law protects the expression of ideas, not ideas themselves. There is an entire jursipruduence devoted to this. Additionally, the U.S. system of IP protection (unlike the EU system) is based on the utilitarian benefits of IP. It has nothing to do with moral rights to IP. The Constituion only allows IP to "promote progress." It mentions nothing of people having a moral right to IP. You will notice that none of my arguments have alluded to a moral right. I have mentioned Labor Theory in passing (and not in the seciton you quote), but most of my arguments have been about how society would be better off with reasonable IP laws, then without them.

      Of course, I'm arguing from the easy case - in the absence of any solid proof that IP laws provide a net benefit to society (and with a fair amount of anecdotal evidence that IP laws are currently retarding innovation), it's my belief that the market forces should be allowed to dictate the value of so-called IP without government interference.

      I will again refer you to the discussion of public goods. Information is a public good and as such lacks a general market force to drive it. Even the guru of free-market economics and nobel laureate, Milton Friedman acknowledges that public goods need

      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    154. Re:Silly Punishment by mrchaotica · · Score: 1
      How would the framers have written this clause if they had known of an (essentially) free distribution method that would prevent someone from maintaining their limited monopoly?

      My guess is, they wouldn't. They'd take one look at stuff like Creative Commons and YouTube, and realize that such a clause would be entirely unnecessary (or even harmful, for that matter)!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    155. Re:Silly Punishment by tehcyder · · Score: 1
      illegal, maybe, criminal? no.
      Surely if doing something is illegal, by definition the person convicted of doing it has committed a crime and is therefore a criminal?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    156. Re:Silly Punishment by ElleyKitten · · Score: 1
      I disagree. I am not advocating cruelty as an end unto itself, but I have no problem with necessary harm. If milk yields can be safely improved best by kicking the cows, then that's what should happen. If they can be safely improved best by massaging them, then I'd be in favor of that. I certainly wouldn't kick a cow for the hell of it; that's a waste of effort that could be used more productively and might imperil yields.
      Harm isn't necessary with dairy cows, they'll still produce milk whether we kick them or massage them. If you don't have to be mean, then why be mean? For a few more dollars? I don't buy that argument, which is why I buy soymilk since I know how badly dairy cows are mistreated.

      Yes, but authors-as-members-of-the-public are not appreciably different from other members of the public. They like getting works for free, they like the freedom to use others' works, etc.
      Members of the public who are authors tend to have a "do unto others" attitude about using others' works, because they know how they would feel if they weren't compansated for their works. You tend not to find musicians downloading large amounts of music from the Pirate Bay.

      I'm happy to give artists whatever they want, so long as I am better off for it. But copyright is not a charity, and artists must never get any copyright just to be nice or fair.
      Is your job charity, or do you expect to get paid what is fair for your work?

      And if giving them something yields a net public detriment, then it is in our interests to deny them. Again, we're not doing it merely because it benefits them or they ask for it.
      And if not giving them something is detrimental to them, then it is in their best interests to deny us by not creating any more art, music, movies, etc for us. Both sides have to be fair.

      Not only is copyright not like a contract, but contracts are never required to be fair to both sides, which is good since they are virtually never fair.
      Being blatantly unfair is grounds for a contract to be rendered invalid. If we made a contract where I loaned you a dollar and you had to pay one million dollars in interest there's no court that uphold that.

      Fairness is just something people do. "Do unto others as you would have them do unto you" is in every moral system humanity has ever made. You can't argue that we should not care if we are fair to others. That's just being selfish. Artwork will get into the public domain, even though right now the laws are unfair to the public, but there's no reason that the laws should change to be unfair to the artists.
      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    157. Re:Silly Punishment by hobo+sapiens · · Score: 1

      The RIAA is a backward, stupid, evil entitiy that stifles creativity and originality and rapes artists of their due compensation. The fact that this sysadmin was locked up is a travesty. You may hate the RIAA, and rightfully so. However, just because some corporation resorts to machavellian tactics, or on the other end of the spectrum, naively distributes a product in a fashion so as to render it easily stolen, doesn't justify stealing from them. Reasoning like you have just used are a large part of why the media cartels are so aggressively pushing DRM.

      Just because you do not agree with the tactics of someone, or to take things to a broader context, just because you do not agree with someone's viewpoint, does not mean that person's rights may be waived. Just because you don't like some organization doesn't mean you can steal from them. Just because you don't like what someone has to say doesn't mean you can censor them. See the connection? If you are arguing in favor of removing IP laws altogther and opening up creative works to duplication, because people tend to want something for nothing and thus IP laws are "artificial", then you have to realize that someone could take the exact same approach to free speech. Logic -- ironic, isn't it?

      Your problem is that you either do nothing meaningful with your life that anyone would even want to copy anyhow, or you are a dweller of your mother's basement who wants just something for nothing. Or maybe you are a troll. I dunno. I just wish people would think their viewpoints through, as you have not done. Shouldn't you be posting on digg or something?

      --
      ad hominem, ad nauseum

      --
      blah blah blah
    158. Re:Silly Punishment by blueskies · · Score: 1

      Are you trying to said it was coincidental that the industrial revolution happened after advanceds in technology, law, and banking? I can understand it if i had said that the meteor shower of 1928 caused the stock market crash in 1929. But pointing out something with sufficient evidence to warrant a claim that A is the cause of B?

      I can see that murder defense. "After the defendent shot the victim, the victim died!" Objection! Post hoc, ergo propter hoc!!

      If you don't think there is enough evidence to support my claim come out and say it instead of just trying to sweep it away. I don't think those two events are unrelated.

    159. Re:Silly Punishment by mOdQuArK! · · Score: 1

      Good grief, why is it that the people who seem to have the most tenuous grasp on logic and debate also seem to think that they're better at it than anyone else?

      1. Re: doesn't justify stealing from them

      It's copying, not stealing. There's a reason why there's a whole different set of laws to handle IP violations.

      2. Re: Reasoning like you have just used are a large part of why the media cartels are so aggressively pushing DRM.

      No, media cartels are aggressively pushing DRM because they want to be able to maintain their current business models (instead of adapting & competing like any other industry would be forced to do).

      It's apologists like you who encourage them with such anti-free market behavior.

      3. Re: just because you do not agree with someone's viewpoint, does not mean that person's rights may be waived

      Are you honestly saying that someone has a "right" to stop other people from making a copy of their own private property? And this "right" trumps everyone else's private property rights?

      Are you completely unfamiliar with the history and motivation behind intellectual property, or do you just stick your fingers in your ears and scream whenever someone brings it up?

      4. Re: Logic -- ironic, isn't it?

      When you actually use some logic, let me know. I'm not holding my breath.

      5. Re: Your problem is that you either do nothing meaningful with your life that anyone would even want to copy anyhow, or you are a dweller of your mother's basement who wants just something for nothing

      I'm making a pretty good living as a CAD developer for a chip-design company. I've got a nice house of my own, with lots of toys to play with. I even have enough free time to make fun of idiots like you.

      I've been doing various kinds of software-development jobs for a couple of decades now. I get paid to write code for my employer - I don't even need to depend on copyrights to get paid. Funny how that works out.

      6. Re: I just wish people would think their viewpoints through, as you have not done.

      Yeah, I sure wish people would think their viewpoints through. It's pretty obvious that you haven't bothered to do so.

    160. Re:Silly Punishment by werewolf1031 · · Score: 1

      Well said, Elley.

    161. Re:Silly Punishment by werewolf1031 · · Score: 1
      So many words put into my mouth, where to begin...

      You do not have the "right" to make money off anything you do, just because you happened to work hard to accomplish it.
      I never said I have the "right" to make money; I'm just saying I have the right to try to make money off what I do. If you are incapable of understanding the difference then you have no business contributing to this conversation.

      You've still got this emotional attachment to what's "fair"...
      Yeah, me and millions of others. Y'see, a great many people live on the principle of "do unto others as you'd have them do unto you", which means don't treat others in a way that you wouldn't want them treating you. C'mon, it's a pretty simple concept, even you should be able to grasp it.

      If you want to encourage content-creation, then figure out a societal mechanism to pay creators for their services...
      No, YOU figure that one out. In the mean time, I'll continue to create content, and you can go ahead and cut yourself off from civilization. If you're not willing to at least acknowledge the hard efforts of those who create the books, music, games, etc. that you enjoy, then why are you even commenting here? Get over this silly hardheadedness of yours. If you're not willing to at least try to get along with others -- including the authors you seem to despise -- then you have no place within any community.
    162. Re:Silly Punishment by hobo+sapiens · · Score: 1
      Are you honestly saying that someone has a "right" to stop other people from making a copy of their own private property? And this "right" trumps everyone else's private property rights?
      Of course not, be reasonable. I am not arguing in favor of DRM. I purchase music from iTunes and convert to mp3 for that very reason; I paid for it and I can do whatever I want to my music. I do not, however, distribute freely. Also, I do not obtain the music without paying for it. Your OP justified taking something just because it is not properly locked down. In fact, you said it is the fault of the person who produced the widget for not locking it down. How can you _not_ call that theft? That is a justification for DRM, along with the other myriad reasons the media cartels have for pushing DRM (such as hardware lock-in). Trouble is, it's quite difficult to create the image of being on the "higher moral ground" if nobody is actually stealing anything. Fortunately for the media cartels, people _are_ stealing from them by re-distributing their product.

      Extremists annoy me, whether they are of the RIAA variety or of the "information wants to be free...and I want something for nothing!" kind.
      --
      blah blah blah
    163. Re:Silly Punishment by cpt+kangarooski · · Score: 1

      If you don't have to be mean, then why be mean? For a few more dollars? I don't buy that argument, which is why I buy soymilk since I know how badly dairy cows are mistreated.

      Again, I'm not suggesting being mean for its own sake. I am suggesting that if being mean was profitable, then a human being who only keeps the cows around for the sake of making a profit to begin with should do it. You seem to acknowledge that many dairy farmers buy into the argument even if you don't, since their mistreatment of their herds is the sort of thing they wouldn't do for the hell of it, but only if it were more profitable to them than any other options. If they weren't interested in profit, they probably wouldn't bother having the dairy herd to begin with; cows are not popular pets. They were domesticated so that humans could exploit them, and the vast majority of them exist today so that humans can exploit them.

      Members of the public who are authors tend to have a "do unto others" attitude about using others' works, because they know how they would feel if they weren't compansated for their works. You tend not to find musicians downloading large amounts of music from the Pirate Bay.

      I find that fairly unlikely, particularly as copyright holders are notorious rent seekers. Not only do they try to expand their copyrights, they are perfectly willing to do so at the expense of other authors who might pose a threat.

      Is your job charity, or do you expect to get paid what is fair for your work?

      I expect to get paid as much as I can manage. I expect my clients to pay me as little as they can manage. This is because we both are pursuing the same goal: we want as much money as possible, partly by getting it from others and partly by avoiding spending when we can.

      The same is true of authors. Authors want as much money, and therefore as much copyright, as they can get. The public wants to give them as little as possible. I don't expect artists to be charitable to the public, nor vice versa.

      In neither case is fairness a factor at all. I'm not interested in getting paid a fair amount, I'm interested in getting paid as much as I can. Just like my clients are not interested in paying a fair amount, but would rather pay as little as they can. We both have a number of factors that play into how we behave. For example, if a client pays me $10,000 per hour, I'm likely to get one hour's worth of fees and no more from them, since they will think I charge too much. A client that pays $1,000 per hour, doesn't feel too overcharged, and keeps me on for over ten hours is worth more to me.

      There's nothing wrong with looking at the big picture, and in fact that's the only way that copyright is capable of making sense. But fairness has nothing to do with it. Copyright has never been fair, never will be fair, and can't be measured in terms of fairness. It has no more to do with fairness than the arbitrary decision to divide the day into 24 hours.

      And if not giving them something is detrimental to them, then it is in their best interests to deny us by not creating any more art, music, movies, etc for us.

      That is exactly right. So it comes down to whether one iota more of art that is encumbered by copyright is worth more to you than the costs of offering that copyright. So long as the art is more valuable, it is sensible to grant more copyright. But after a certain point, you face diminishing returns. And after that you face a point where giving more copyright results in more harm to the public than good. The trick is to stop just shy of that point. And you certainly don't want to go further, and give artists copyright where it will result in less art being created, rather than more.

      If Stephen King wrote the best horror book ever, that would be great. But if the only incentive big enough was giving him a monopoly on the entire horror genre forever, so that no one ever again could create a horror oriented work without the permission of King or his heirs, then it

      --
      -- 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.
    164. Re:Silly Punishment by cpt+kangarooski · · Score: 1

      With regards to law, yes. This is largely because copyright law had nothing to do with the industrial revolution; that would be patent law, which has remained the same at the most fundamental level since the Venetian Patent Act of 1474. I would further argue that there were other, more basic reasons for it. For example, you need a particular mix of stability (so that people can spend time developing science, rather than trying to survive) and instability (so that people have some incentive to do so, other than idle interest), which had largely been absent from the world since the Romans. Or that the practice of slavery retards the development of industry. Or that you need people to be willing to tolerate innovation, rather than automatically stamping it out. Or that certain social conditions (e.g. literacy) are really key, and that certain developments however they're chanced upon will have lasting useful effects (e.g. the development of movable type, which could have happened any time, and did more than once, but only finally caught on with Gutenberg).

      A lot of it is luck, a lot of it is owed to other causes, and none of it, really, has anything to do with mere copyright law. Copyright didn't get to be really interesting with regard to technology until computer software came along, and I think that the jury is still out as to whether copyright has helped or hurt in that specific field as opposed to other regulations we could imagine.

      --
      -- 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.
    165. Re:Silly Punishment by blueskies · · Score: 1

      I can agree that copyright law was less important then the IP law at the time. I was really thinking of general "IP" laws. However, i think copyright law is much more important then the credit you give it regarding only computer software (unless you are constraining your statement to copyright and technology...)

      Offtopic:

      You don't think slavery in the new world help fuel the textile portion of the IR? The Americas were able to cheaply export large quantities of raw materials needed by the IR because of slave labor (for example cotton)

    166. Re:Silly Punishment by cpt+kangarooski · · Score: 1

      I can agree that copyright law was less important then the IP law at the time.

      There's really no such thing as "IP law." That's a very misleading and inaccurate umbrella term for several different, unrelated bodies of law, including copyright law. Patent law may have had a role in the industrial revolution, but not a huge role, given that it had been around for quite a long while without producing the industrial revolution and also because there were plenty of successes that ran precisely counter to patent law (e.g. American industrialists copying everything they could from England without paying for it). Trademark law doesn't seem to have had a big role in causing industrialization. It was involved in mass production, but it's been around in one form or another for as long as anyone knows. And trade secret law seems like it would tend to impair the industrial revolution somewhat, and also has generally been around for a much longer time.

      In any case, yes, I was talking about copyright and the industrial revolution. Copyright is quite interesting in a more general sense, though it's become terribly screwed up. I blame the French mostly, followed by Europeans generally and our own publishing industries, plus the inattention paid to it by Congress for the last century or so. We used to have a great copyright system though, and ours is still the best at the most fundamental level.

      You don't think slavery in the new world help fuel the textile portion of the IR? The Americas were able to cheaply export large quantities of raw materials needed by the IR because of slave labor (for example cotton)

      No. IIRC, there have actually been some economic studies indicating that slavery was basically a drag on the economy, aside from all of its other inexcusable faults. And it isn't hard to see how it would have slowed industrialization down: if you have a population of slaves to do manual labor, you have a lot of sunk investment into them, and it's harder to get you to mechanize. Especially if you're worried about keeping them down, and can't trust them to run the new equipment like you'd want. A primitive steam engine was known in classical times, but they never even entertained the idea of using it in place of human labor because they had no need to and couldn't imagine how steam technology could grow.

      --
      -- 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.
    167. Re:Silly Punishment by Anonymous Coward · · Score: 0

      Technically, if you and a friend have ever sat down on a lark, and talked about how it might be possible to do something illegal, you've participated in a criminal conspiracy.

      Heck, I did it just last week with a friend of mine while we were discussing how stupid some of the things they won't let you take on a plane are. (Of course, he's ex-military, a retired cop, a FEMA rapid responder, and has traning on how to handle nuclear and biological agents.)

    168. Re:Silly Punishment by werewolf1031 · · Score: 1
      cpt kangarooski, you've raised many interesting points over the course of this thread. While I don't entirely agree with many of them (and thank ElleyKitten for her incisive rebuttals), I will say that we do agree on one point in particular -- that the time limit for copyright should be far shortened of what it is today. And I say that as a 'creator' of original works (graphic art, fiction, games, etc.). My personal opinion on this particular aspect is that copyright should be shortened to at most 10 years, and after that the work automatically becomes public domain, after which the only legal requirement for reproduction being credit given to the original author/artist. Honestly, if I can't recoup a financial gain from my work within a decade of copyrighting said work, it's probably a lost cause anyway, other than as an exercise in creative expression.

      ...assuming that there is even such a thing as fairness in the context of copyright law, which there is not.
      That's a shame, because there could be, if the laws were rewritten properly. As they stand now, they mostly benefit artificial entities, namely corporations which have theoretically immortal lifespans.
  4. New technology for prisons? by Jack+Pallance · · Score: 5, Funny

    What does BitchTorrent mean?

    1. Re:New technology for prisons? by NevDull · · Score: 1

      I believe that you misread BitchTorment.

    2. Re:New technology for prisons? by jpardey · · Score: 1

      Well, it means rather than the whole load going through one large pipe, a large number of smaller pipes can participate at once, distributing the load, and increasing the limit on bandwidth to that of the client, rather than just having a large pipe serve a large number of clients through pre-emptive multitasking.

      --
      I have freaks! I did something right...
    3. Re:New technology for prisons? by Anonymous Coward · · Score: 0

      BitchTorrent is right. He'll be ass-sharing with hundreds of users.

    4. Re:New technology for prisons? by Anonymous Coward · · Score: 0

      Let's hope he doesn't setup for more than 1 connection at once.

    5. Re:New technology for prisons? by Joebert · · Score: 1
      What does BitchTorrent mean?

      Slang for Shower.
      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    6. Re:New technology for prisons? by aussie_a · · Score: 1

      Will downloading while uploading be a bad thing?

    7. Re:New technology for prisons? by sa1lnr · · Score: 1

      I think AssGuardian2 would be more useful. ;)

    8. Re:New technology for prisons? by numbware · · Score: 1

      I think it means that multiple people will "seed" his "torrent". :(

      --
      I'm going to go create my own technology news site, with blackjack and hookers. You know what? Forget the news site.
    9. Re:New technology for prisons? by Aeamarth · · Score: 1

      At last!! The bitTorrent for pr0n!!!!

    10. Re:New technology for prisons? by lixee · · Score: 1
      ...and his cell mate says it's time to start a new "download"...
      Surely you meant "upload"!
      --
      Res publica non dominetur
    11. Re:New technology for prisons? by Xyrus · · Score: 1

      "What does BitchTorrent mean?"

      Well, I can imagine that you definately don't want to be the seed.

      ~X~

      --
      ~X~
    12. Re:New technology for prisons? by soulsteal · · Score: 1

      I'd hate to be the tracker on that one. :(

      "Hey Butch, I see you're in need of some hashes. I see Bob's got an open port, go talk to him."

  5. Great punishment. by Anonymous Coward · · Score: 0

    He probably made cash, only has to pay $3k and gets a five month vacation out of his parent's basement.

    1. Re:Great punishment. by TheSHAD0W · · Score: 1

      Yeah, but after that he gets locked IN his parent's basement for 5 months.
      ...Though that may not be a change from today...

    2. Re:Great punishment. by westlake · · Score: 3, Interesting
      He probably made cash, only has to pay $3k and gets a five month vacation out of his parent's basement.

      it seems appropriate to insert a small reminder here that a federal criminal record can have long term consequences.

    3. Re:Great punishment. by Anonymous Coward · · Score: 0

      He needs to then become a terroist and attack the Record Labels and Movie Studios. Bomb a few of those rich scumbags!

  6. Come to Canada! by Anonymous Coward · · Score: 1, Funny

    In this enlightened country, file-sharing is legally equivalent to operating a photocopier in a library!

    Of course, you might get frostbite operating the keyboard, so it's a bit of a toss-up.

    1. Re:Come to Canada! by AHumbleOpinion · · Score: 1

      In this enlightened country, file-sharing is legally equivalent to operating a photocopier in a library!

      Do Canadians photocopy books to have a copy for their private libraries? :-)

    2. Re:Come to Canada! by dgec · · Score: 1

      Not QUITE, and only allowed for similar personal, limited and specific uses. And not for long, They want a Canadian version of the DMCA: see http://www.michaelgeist.ca/daysofdrm

  7. Guilty of what? by sinij · · Score: 1

    Guilty of what? Guilty of to 'conspiracy to commit corporate greed infringement' and 'criminal moneygrabing infringement'? I hope it goes in front of the jury and we get Jury Nullification

    1. Re:Guilty of what? by retro128 · · Score: 3, Interesting

      There isn't going to be a trial. The prosecutors probably offered him a deal, and he plead guilty. He probably would have been looking at a hell of a lot more time if it went to a jury trial. I certainly wouldn't trust my future to the mouth breathers they get on the jury. After all, all the smart people are dodging the duty because they have jobs that pay more than $5 a day.

      --
      -R
    2. Re:Guilty of what? by Nataku564 · · Score: 1

      Anyone on salary doesn't care, as they get paid the same whether they are at work, or at jury duty. From my experience, a lot of the "smart people" are employed this way.

    3. Re:Guilty of what? by corbettw · · Score: 1

      Really? So your employer will let you take a potentially indefinite leave of absence to go sit on a jury? And you'll still get to collect a salary the whole time? That doesn't sound like a salaried job, that sounds like a civil service one. In France.

      --
      God invented whiskey so the Irish would not rule the world.
    4. Re:Guilty of what? by Xzzy · · Score: 1

      So your employer will let you take a potentially indefinite leave of absence to go sit on a jury?

      In some states, they're required to. The vast majority of employers in the US voluntarily pay wages for a worker who's on jury duty.. something like 75%.

    5. Re:Guilty of what? by shystershep · · Score: 1

      Your employer doesn't have a choice. The law requires them to give you the time off. Whether or not you get paid is another matter, but for anyone on salary my guess is that most employers just write off the couple days you're gone. And unless you're sitting on the jury in the O.J. trial, a couple days is probably more than most jurors serve.

      --
      The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
    6. Re:Guilty of what? by DeadChobi · · Score: 1

      The reasoning is that since everyone can potentially be selected, there should be no discrimination against people who have been selected for jury duty. Otherwise this might create a situation where someone can't serve because they can't afford to or don't want to lose their job. I'm pretty sure it's illegal to fire someone for serving jury duty. So yeah, civil service job.

      --
      SRSLY.
    7. Re:Guilty of what? by westlake · · Score: 1
      I hope it goes in front of the jury and we get Jury Nullification

      What part of "pleading guilty" don't you understand?

      In an ordinary criminal case an American jury votes only on the defendant's guilt or innocence. The appropriate punishment on conviction is for the judge to decide, based on his interpretation of the law.

      Guilty of what? Guilty of to 'conspiracy to commit corporate greed infringement' and 'criminal moneygrabing infringement'?

      Copyright law defines a constitutionally protected right to distribute and profit from a copyrighted work. You want to go into the business of distributing copyrighted works? Fine. Do what Apple did. Get yourself a license.

    8. Re:Guilty of what? by Anonymous Coward · · Score: 0
      They were found to guilty of participating in what can be described as a piracy operation:

      At its prime, the Elite Torrents network attracted more than 133,000 members and facilitated the illegal distribution of more than 2 million copies of movies, software, music, and games.


      Of course, those figures come from the DOJ (probably courtesy of the MPAA), so take with a grain of salt.
    9. Re:Guilty of what? by rtb61 · · Score: 1
      With the RIAA extended definition of piracy including organised crime and terrorism he would probably have been looking forward to a Cuban holiday with the free water sports package.

      Apparently all it needs is a suitably large and inappropriate caimpagn contribution to the pseudo christian lobbyists in washington and the weasel in chief will sign off on whom ever you wish to define as an enemy combatant.

      --
      Chaos - everything, everywhere, everywhen
    10. Re:Guilty of what? by corbettw · · Score: 1

      I should've qualified further: Your employer will let you take an indefinite leave of absence with pay...?

      --
      God invented whiskey so the Irish would not rule the world.
  8. Damn and Rubbish by TJ_Phazerhacki · · Score: 2, Insightful
    Now I have to learn to use the metric system and do pound to euro conversions.

    One of the only good things about the bloated EU legal system is that nonsense and crock like this would be lucky even to make it to court. More and more I am convinced that the judiciary is being bought out by the newest form of governmental lobbies - and this is coming from a sternly traditional republican.

    My only hope is that the liberal money in this country eventually wakes up from pointless pandering for touchy-feely issues like the environment and gets down to the vagarities and rediculous loopholes in the system itself - changing a policy without changing the idea behind it is worthless.

    --
    Physics is nothing like religion. If it was, we'd have an easier time trying to raise money!
    1. Re:Damn and Rubbish by An+Onerous+Coward · · Score: 1

      You know, I could spend about twenty hours trying to explain to a troll why the environment is very much the opposite of pointless. But I'm tired, and others have done it better.

      --

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

    2. Re:Damn and Rubbish by kakofb · · Score: 1

      "Touchy feely issues like the environment"?

      You can't sit on your sweaty, obese arse and download porn off bittorrent when you don't have air to breathe, dickface.

    3. Re:Damn and Rubbish by ObsessiveMathsFreak · · Score: 1
      My only hope is that the liberal money in this country...
      All $600 of it, or just the trust fund?
      --
      May the Maths Be with you!
  9. Captain Obvious breaks it down for 'yall by jmorris42 · · Score: 4, Interesting

    Pirate caught and hung, film at 11. Or as 'hung' as our justice system can manage; I mean hell, murder only rates a couple of years if it is your first offense and it wasn't a brutal gangland slaying or anything like that.

    The Napster kerfluffle should have told anyone with three brain cells that building a site for the express purpose of putting people with a copy of a copyrighted file in contact with people who want a copy is infringement. The technology that implements it isn't all that important, it is the intent. And elitetorrents was ALL about warez. Just because the guy wasn't running an FTP site hosting the files wasn't going to save his butt and he should have known it wouldn't.

    Don't like the laws? Either work to change em or violate them as an act of civil disobedience and accept the consequences in the hope of gaining sympathy for your cause and eventual change. But don't act shocked that the operator of what was a major warez site got busted and sent up the river.

    --
    Democrat delenda est
    1. Re:Captain Obvious breaks it down for 'yall by sleigher · · Score: 1

      sorry dude but jail is a pretty harsh place. Even the county. I understand he broke the law but just as was stated earlier, the punishment doesn't fit the crime. If the crime is copyright infringement then he should pay restitution or something like that. Fines as well.....

      --
      All points of time and space are connected.
    2. Re:Captain Obvious breaks it down for 'yall by anagama · · Score: 2, Insightful

      Considering the amount of fines copyright infringement can garner, five months in jail is probably better than being saddled with a debt level so high it would take several lifetimes to pay itoff. If I was faced some multi-million dollar fine (it could easily add up to this sort of money) or 5 months in jail, I'd stock up on paperbacks and head for the slammer.

      --
      What changed under Obama? Nothing Good
    3. Re:Captain Obvious breaks it down for 'yall by sleigher · · Score: 1

      you do have a point but I guess it really depends on where he is going to jail. If it is county jail in podunk USA he will have a nice vacation. If it's LA county jail then he might wanna pay the fines.....

      --
      All points of time and space are connected.
    4. Re:Captain Obvious breaks it down for 'yall by suv4x4 · · Score: 1

      Pirate caught and hung, film at 11.

      11 is an awful time for a film, I mean we already have about 2734 posts today asking us to watch news at 11.

    5. Re:Captain Obvious breaks it down for 'yall by dircha · · Score: 5, Insightful
      Considering the amount of fines copyright infringement can garner, five months in jail is probably better than being saddled with a debt level so high it would take several lifetimes to pay itoff. If I was faced some multi-million dollar fine (it could easily add up to this sort of money) or 5 months in jail, I'd stock up on paperbacks and head for the slammer.

      Or tell them to fuck themselves and flee the country. Neither outcome - a lifetime of debt in imaginary restitution, or hard time in prison - should be lent legitimacy by a just society as punishment for contributing to the casual infringement by a bunch of internet dwelling poor teenagers of some silly moves. Should we destroy a young person's life for contributing to the infringing distribution of copies of Anchorman: The Legend of Ron Burgundy?

      Isn't it enough that this guy is now a convicted felon? He is 23 years old. He was just a college student. But now for doing something stupid in school - something of which most college students know no shortage - he has lost his right to vote - his right to a voice in our democracy - for probably the rest of his life, he has lost the right to bear arms, and he will carry this mark on his record at every background check and job interview for years to come.

      Is this the way to show the way for the next generation? Isn't this enough? But now we need to throw him in prison too?

      We The People grant copyrights - temporary and limited monopolies on reproduction - to promote the Useful Arts and Sciences, not to promote the bottom line of large corporations. Somehow I find it hard to believe that the promotion of Useful Arts and Sciences afforded by some corporation making a few more bucks off of Anchorman: The Legend of Ron Burgundy outweighs the destruction of a young man's life.

    6. Re:Captain Obvious breaks it down for 'yall by cliffski · · Score: 1

      Cool, I agree with you 100%. Its not like this guy was some grandmother who didnt realise downlaoding that mp3 was illegal. This guy knew exactly what he was doing.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    7. Re:Captain Obvious breaks it down for 'yall by jez9999 · · Score: 1

      violate them as an act of civil disobedience and accept the consequences in the hope of gaining sympathy for your cause and eventual change.

      Seems that was one of the things he was doing; *I'm* sympathetic with his plight and hope that change happens. Unfortunately I'm not USian and don't have a few billion to bribe your politicians with, so I can't do much about it.

    8. Re:Captain Obvious breaks it down for 'yall by Ruby+Wednesday · · Score: 1

      Pirate caught and hung, film at 11
      I think you mean hanged, unless you're talking about bodily attributes...

    9. Re:Captain Obvious breaks it down for 'yall by Overzeetop · · Score: 1

      I am reminded of an 11th grade Literature class dicussion where the ending of A Tale of Two Cities was being discussed. Some girl mentioned that the protagonist was probably hung, to which the teacher, a Ms. Hawk, smiled and replied "I think we can reasonable assume he was hanged. As to whether he was hung, that's purely a matter of speculation."

      --
      Is it just my observation, or are there way too many stupid people in the world?
    10. Re:Captain Obvious breaks it down for 'yall by Phoenix666 · · Score: 1

      I totally agree. But what's your next move? How are you going to vote on Nov. 7th? There's so much more you can do than speak out, but at least vote. And vote against the regime that's making travesties like this commonplace.

      --
      Do what you can, with what you have, where you are.
  10. Thank god I feel so much safer now by Anonymous Coward · · Score: 5, Interesting

    NOT.

    My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?

    Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.

    Kind of like your neighbors down the street getting together and making an assinine aggreement, that all windows in the neighborhood must be left open in the winter time. And then enforcing that law on you. Fining you and or imprisoning you when you don't abide by it. Assembling a police force of patrollers to enforce this rule and smashing down the door and taking prisoner those who are in violation of it. Conformity and enforcement at the end of a barrel of gun.

    Only the neighbors aren't down the street, they are 100 miles, or 1000 miles away. Or worse, somewhere back in time, even before you were even born.

    Tell me the US version of representational democracy / republic isn't a total crock of ****....

    Further, if you're under 18, you have no say so whatsoever. If you're over 18, your say so is generally limited to the joke of a vote. Which is nothing but a weak concession to undermine your primary right, which is the right to riot.

    1. Re:Thank god I feel so much safer now by yamamushi · · Score: 5, Insightful

      The problem is, most people are content to live like this. Without questioning their rights (hell most people I've come across don't even know what their rights are). We live in an apathetic society, where people are happy just waking up every morning being alive and going to work without being shot at. And it only gets worse every day.

      --
      - Aetheral Research -
    2. Re:Thank god I feel so much safer now by rob1980 · · Score: 1, Insightful

      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.

      If it's that big of an issue for you, then go buy a private island or something and move there. You're not being forced to live here, you know.

    3. Re:Thank god I feel so much safer now by rgovostes · · Score: 1

      Being forced to "buy" a private island and then pay travel fees to go there emphasizes the OP's point: You've been forced into this situation, and if you don't like it, *you* have to change.

    4. Re:Thank god I feel so much safer now by Smartcowboy · · Score: 1

      Yes he is. And even if he somewhat manages to move elsewhere he will be subject to another jurisdiction where as an alien more of his rights will be denied to him.

      Face it, earth is a big jail for humans.

    5. Re:Thank god I feel so much safer now by linguae · · Score: 1
      My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?

      No, I haven't gotten to vote on any copyright issue. However, we can vote for people who are willing to change copyright laws (or any other laws). That is how a representative democracy works. We don't vote directly on issues, we vote for representatives that have their own set of positions on certain issues.

      Plus, you still have to obey the law if you don't want to deal with the consequences of breaking them, even if you didn't vote on those issues. Did we vote for speed limits, seatbelt laws, and other related traffic laws? No. Did I ever vote for the drinking age raise (from state controlled, usually at 18, to 21 nationally) in the mid-1980s? No. Heck, did I ever vote for federal income taxes? No, most Slashdotters weren't alive in 1913. But we still have to recognize the consequences of breaking those laws, no matter how much we dislike the laws.

      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.

      You may not have chosen to become a citizen of your country, but according to the US Constitution, you are a citizen of that country at birth. And, yes, we do have say in the creation of our laws. It is called electing representatives who share your beliefs in what you want changed in this country.

      Kind of like your neighbors down the street getting together and making an assinine aggreement, that all windows in the neighborhood must be left open in the winter time. And then enforcing that law on you. Fining you and or imprisoning you when you don't abide by it. Assembling a police force of patrollers to enforce this rule and smashing down the door and taking prisoner those who are in violation of it. Conformity and enforcement at the end of a barrel of gun.

      Your analogy is flawed. In a representative democracy, you get to effectively choose the neighbors who make the assinine agreement. And if they get too assinine, you can try to kick them out of your neighborhood. Democracy isn't a perfect (or even great) form of government, but it's better than all of the alternatives (including anarchy, which has many of its own flaws). If you don't like the current federal laws, talk to your local representatives or senators about it and give them your reasoning. If they don't change, try to vote them out. Try to make it a local issue. Run for office yourself if you are adamant about removing the laws that you don't like.

      Part of living in a nation under a democratic government (republican or direct-democracy) is dealing with decisions made by a majority of people, whether it is 50.1% of the population or 66% of the representatives. It may suck at times, but what are your alternatives? A benevolent dictator (remember that one person's benevolent dictator is another person's dictator from hell)? Anarchy (which has some of its own problems, such as private arbitration instead of the police)? Some of these laws are very bad, but you have to work to change them within the governmental system. Voting is important, but also writing your congresscritters, making it a big issue for the next election, and informing the public are also very effective. Change takes a long time, but that is just how democracy works.

    6. Re:Thank god I feel so much safer now by linguae · · Score: 4, Insightful
      Being forced to "buy" a private island and then pay travel fees to go there emphasizes the OP's point: You've been forced into this situation, and if you don't like it, *you* have to change.

      As somebody who loves innovation and change, and sometimes dream of the pie in the sky, I normally hate this saying with a passion, but I must say it. C'est la vie. There is nothing else I can say. You have to either live with the current system, work and change the current system from within, or relocate to a place where the laws and values matches yours. There are no alternatives. Although I have libertarian-leaning views and I remain a staunch individualist, I also recognize that we don't live in a vacuum; it is very inconvienent (and almost impossible these days) to live on an island or another secluded area by yourself, with no help from anybody. Nobody to grow your food, nobody to make your clothes, nobody to build your housing, nothing. Nobody to talk to, nobody to be with, just lonely. There is a cost to living in a society. We all have some implicit social contract to obey both the explicit rules of society (governmental laws) as well as the implicit rules (moral codes). Sometimes those rules are bad rules that are flawed, foolish, or downright stupid. But you must either live with them, change them, or leave.

      Is a private island with your own rules, your own laws, and your own government (assuming that you have one) worth the seclusion, the loneliness, and lack of help and resources from the outside world? If living with my loved ones and friends meant not being able to legally download movies and music on BitTorrent, then I'll choose my loved ones and friends. My free movies and music can stay on Utopia Island.

    7. Re:Thank god I feel so much safer now by VendettaMF · · Score: 1

      the right to riot

      Precisely.

      This is the prime cornerstone of all repressed anarchist thinking.

      If you do not agree to abide by the local social structure your proper course of action is to ensure it knows it can't bully you with it's non-applicable "legislation". Remember, if you don't abide by its rules then it doesn't have to apply the "non-interference" aspects of its culture to you. Where such protections don't apply all that is left is "might makes right". After all, no free-thinking rational person would ever claim that a court genuinely has jurisdiction over entities that can outfight all aspects of law-enforcement that court can summon.

      In short, while you don't have to be stronger than it, you do have to be strong enough to disuade it. Disuade it thoroughly.

      --
      kartune85 : Incapable of reason, observation or learning. A kind of dim, drab, flightless parrot.
    8. Re:Thank god I feel so much safer now by kbox · · Score: 1
      My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?
      Good point... Which reminds me, I never got to vote on whether i can break into your house or not, That means i can have your TV! (by some kind of obscure twisted logic).
    9. Re:Thank god I feel so much safer now by MishgoDog · · Score: 1
      My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?
      Do you vote? If it's that important to you, lobby your rep. If you don't already do this, then you have no right to whine - it's your choice to do nothing. If you DO vote and DO lobby your representative, then what you say is fair.
      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.
      You agreed implicitly by not leaving. If you don't like being a citizen, you can leave. And once again, it's starting to sound to me like you don't vote, because you claim you have no say in the making of the law.
      Kind of like your neighbors down the street getting together and making an assinine aggreement, that all windows in the neighborhood must be left open in the winter time. And then enforcing that law on you. Fining you and or imprisoning you when you don't abide by it. Assembling a police force of patrollers to enforce this rule and smashing down the door and taking prisoner those who are in violation of it. Conformity and enforcement at the end of a barrel of gun.
      Only the neighbors aren't down the street, they are 100 miles, or 1000 miles away. Or worse, somewhere back in time, even before you were even born.
      To run with your metaphor... if you don't like the street, move. Or make an EFFORT to convince your neighbours that they're idiots.
      Tell me the US version of representational democracy / republic isn't a total crock of ****....
      All I can say is I'm glad I don't live in the same country as you :D
      Further, if you're under 18, you have no say so whatsoever. If you're over 18, your say so is generally limited to the joke of a vote. Which is nothing but a weak concession to undermine your primary right, which is the right to riot.
      Aahhhh it comes down to it. You're under 18, so you can't vote. Going through angsty rebel-against-the-powers-that-be phase are we?
      Okay, so that was low - but the 'joke' of a vote isn't quite accurate. Yes, one vote doesn't make a lot of difference - but neither should one opinion. If lots of people share your opinion, that's lots of votes. Enough votes, and you start to make a difference!

      I'm not saying the US model of a democracy is perfect, but until you actually propose a better valid solution, or move from blindly whining to actually doing something, please contain your comments!
    10. Re:Thank god I feel so much safer now by Duhavid · · Score: 0, Troll

      Move elsewhere, where things are more to your liking.

      Leave anytime you like.

      --
      emt 377 emt 4
    11. Re:Thank god I feel so much safer now by suv4x4 · · Score: 1

      Thank god I feel so much safer now...

      NOT.


      Wow... what an unexpected plot twist!

    12. Re:Thank god I feel so much safer now by tepples · · Score: 1
      Hell, I never even agreed to be any citizen of any country.

      You chose as a fetus not to be a miscarriage.

    13. Re:Thank god I feel so much safer now by Anonymous Coward · · Score: 0

      so let me get this straight... in your opinion, if someone secretly made video of you taking a shower and want to distribute on the internet for profit and you get nothing, that should be allowed?

    14. Re:Thank god I feel so much safer now by TheVelvetFlamebait · · Score: 1
      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.
      I'll show you a signature. It's called the police. Let me put it this way: you have a choice. You can accept the law and enjoy protection of your most essential rights, primarily, your right to exist. Or, You could reject the law. Nothing wrong with that, you just have to endure police trying to lock you up/kill you. But hey, you don't belong to society, so they can do it to you without fear of reprise.

      Kind of like your neighbors down the street getting together and making an assinine aggreement, that all windows in the neighborhood must be left open in the winter time. And then enforcing that law on you.
      Yeah, also kinda like some stupid neighbours making some crappy law against murder and having the gall to expect you to abide by it.

      Tell me the US version of representational democracy / republic isn't a total crock of ****
      I won't touch that one. I agree. I put the problem down to the sheer size of democratic groups. I vote for more focus on localised groups, rather than a national or international focus.

      Further, if you're under 18, you have no say so whatsoever. If you're over 18, your say so is generally limited to the joke of a vote. Which is nothing but a weak concession to undermine your primary right, which is the right to riot.
      But you can have a say. You only don't have a right to vote. While that is significant, you can riot, you can protest. The only problem is that under 18s are often prejudiced against and what they say usually is usually ignored. The law about voting simply formalises this.

      As for your comment about voting, you are right. They very craftily undermined your right to riot. They realised that people riot when they really, really don't like the figures of authority (in this case the government), and the sneakily created a system that makes people less unhappy and gives them alternatives to rioting! Those bastards!
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    15. Re:Thank god I feel so much safer now by servognome · · Score: 1
      My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?

      What have you done in regards to influencing copyright law? Have you held demonstrations, written to your government officials, held public discussions. The one thing politicians care more about than money is votes. Get enough like minded people together and the politicians will listen.

      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.

      Great, that also means you have no protections granted by law either. No free speech, no trial, no rights.

      Tell me the US version of representational democracy / republic isn't a total crock of ****....

      "Democracy is the worst form of government... except for all the others that have been tried before."

      Further, if you're under 18, you have no say so whatsoever. If you're over 18, your say so is generally limited to the joke of a vote. Which is nothing but a weak concession to undermine your primary right, which is the right to riot.

      Yes, because rioting is a great way to rally society to your cause.... well it is a great way to get a new plasma TV at least.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    16. Re:Thank god I feel so much safer now by bky1701 · · Score: 1

      Overall, the mass of people has always and will always be like that. Look at America in the cold war (I hate to say things got better, but the US was a lot more oppressive then, openly violating the constitution. At least now they hide it behind enabling acts), look at medieval Europe, look at Rome... nobody gives a crap. The only reason we have people that speak for us is because so many people like it that way. People will always be dumb and shortsighted. Waiting for them to change is pointless; by the time they would have, we will have blown ourselves to curry paste 10 times over.

    17. Re:Thank god I feel so much safer now by coaxial · · Score: 1

      So lame that this got modded up.

      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me?

      Because you're participating in the society.

      As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.

      I never voted on any murder statute. Therefore, I can bludgeon anyone I want.

      So many jackasses.

    18. Re:Thank god I feel so much safer now by bky1701 · · Score: 1

      You always have to change. However, the point you should be stating is how hard it really is to "leave it all behind". Buy an island? Where do you get your food? How do you fight off attackers when WWIII comes around? How do you deal with acid rain caused by the US's SUVs?

      Believe me, if leaving was an option at all, I would have long ago. I am very anti-social and all I would be leaving behind would be my technology, but even that doesn't need to be so.

      It's not about leaving, it's about never being able to leave. You are always affected by morons, no matter how far you run. So, only thing left is to fight. Kind of sucks. But it's the way things are.

    19. Re:Thank god I feel so much safer now by Dunbal · · Score: 1

      What have you done in regards to influencing copyright law? Have you held demonstrations, written to your government officials, held public discussions.

            No but I bet he has downloaded a lot of pr0n.

      --
      Seven puppies were harmed during the making of this post.
    20. Re:Thank god I feel so much safer now by ricky-road-flats · · Score: 1
      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did. So therefore, how do any laws apply to him, or me? As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.
      You'll find it on your birth cerificate, which was signed on your behalf by your parent(s) as your were incapable of holding a pen at the time.
    21. Re:Thank god I feel so much safer now by pilgrim23 · · Score: 1

      If his prison wear is too drab, I am sure someone can get him some slightly used "Free Kevin!" tee shirts..

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    22. Re:Thank god I feel so much safer now by nacturation · · Score: 1

      Whatever.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    23. Re:Thank god I feel so much safer now by jimicus · · Score: 1

      As far as I'm concerned, if you have no say so in the making of a law, then you have no obligation whatsoever to have to abide by it.

      I had no say in the murder laws in my country. They date back centuries. Does this mean I have no obligation to abide by them?

    24. Re:Thank god I feel so much safer now by piepkraak · · Score: 0
      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did.
      Your parents signed for you when you were born.
    25. Re:Thank god I feel so much safer now by Bogtha · · Score: 1

      My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?

      The USA is not a pure democracy, it's a democratic republic. As such, you don't vote for laws, you vote for representatives who will represent you by voting for the laws that are in your interests.

      Every time you have voted for a representative that hasn't said anything about copyright reform, you have voted against copyright reform.

      --
      Bogtha Bogtha Bogtha
    26. Re:Thank god I feel so much safer now by db32 · · Score: 1

      As much as I agree with the apathetic part, and people not knowing their rights. I would like to say, after having been shot at going to work for a few months, I have a new appreication for going to work without being shot at. So, going to work without being shot at is no small thing.

      --
      The only change I can believe in is what I find in my couch cushions.
    27. Re:Thank god I feel so much safer now by Anonymous Coward · · Score: 0

      There's a reason why government spends billions each year trying to convince you that government is necessary, moral and just, and at the very least inevitable. And, there's a reason why public schools focus on conformity rather than teaching kids to think for themselves, let alone question authority or the very concept of power.

      Who's easier to rule: the apathetic man (the one who simply accepts the status quo and never challenges it), or the one who questions power and views it as suspicious? Really, this is nothing new: any government that wants to last more than a year needs to invest in indoctrination, and the US is no exception. Every government in the history of organized coercion has done it, and every future government will do it as well.

      Indeed, if you took a poll of apathetic citizens, I believe you'll find that near 100% of them -- while not believing they can change things themselves -- still believe that government is necessary, moral and just, and at the very least inevitable. There's a reason for that. They know nothing but government and they naturally call on government first when confronted with a problem -- the concept has been so engrained in their minds that they will shut out even the most obvious natural course of action. Look at the way a typical person today will call the police on the neighbor playing his music too loudly -- even though it would be much quicker and easier to just walk over and knock on the door, and more productive to their relationship as well.

      But I refuse to blame the man who just wants to mind his own business and live in peace (the so-called "apathetic man"). He has a right to say "to hell with government" and concentrate on his own life and family. After all, the apathetic man isn't the one threatening me with coercion -- the power elite are the ones who employ coercion as their means.

    28. Re:Thank god I feel so much safer now by poot_rootbeer · · Score: 1

      My guess is that he nor any of his users ever got any chance to vote on any copyright law. Can't say I have. Have you? Have you ever gotten to vote on any copyright issue?

      I vote for representatives, who vote on copyright issues on my behalf. It's a pretty popular form of government these days, from what I hear. Every civilized country in the world uses some form of it.

      Hell, I never even agreed to be any citizen of any country. Show me a signature where I did.

      If you're over 18 years of age, you can renounce your American citizenship. If you are and you haven't, you have implicitly agreed to the terms of being a citizen. So quit your bitchin'.

      Tell me the US version of representational democracy / republic isn't a total crock of ****....

      It isn't. Your selfish, antisocial conceptions about one's duty to his fellow man, on the other hand, are indeed a huge crock of shit.

    29. Re:Thank god I feel so much safer now by Logic+and+Reason · · Score: 1

      I can give up my own property and leave, yeah. Is that right?

      Suppose some rich guy buys a whole bunch of land and decides to sell it only to people who will agree explicitly to some set of rules (similar to the laws we have now). That would be fine, of course, since he owns the land and can therefore sell or rent it to people on whatever terms he chooses.

      Now, here's the question: does the U.S. Government own all of the land in the United States? If not, it has no right to demand that people obey its laws just so that they can live on their own property. If so, how and when did it acquire all that property? The forming of a Constitution wouldn't do it, because even if forming a Constitution implicitly gave over all property to the new government, there were people who did not agree to that Constitution.

    30. Re:Thank god I feel so much safer now by JesseMcDonald · · Score: 1

      Although I have libertarian-leaning views and I remain a staunch individualist, I also recognize that we don't live in a vacuum; it is very inconvienent (and almost impossible these days) to live on an island or another secluded area by yourself, with no help from anybody. Nobody to grow your food, nobody to make your clothes, nobody to build your housing, nothing. Nobody to talk to, nobody to be with, just lonely. There is a cost to living in a society. We all have some implicit social contract to obey both the explicit rules of society (governmental laws) as well as the implicit rules (moral codes). Sometimes those rules are bad rules that are flawed, foolish, or downright stupid. But you must either live with them, change them, or leave.

      Who sets the terms of this "social contract" (which, BTW, wouldn't even meet the qualifications for a normal contract, much less an implicit one)? This particular "contract" you talk about isn't necessary for social relationships. Certainly society does depend on recognition of and adherence to certain guiding principles, such as self-ownership (no slavery or other aggression) and private property (necessary for survival and for saving for the future). Society does not, however, depend on the existance of a government. At most government is required to enforce these principles (and I would say it is not even needed for that, and can only exist in contradiction to those same principles; e.g. taxation, a defining part of government, violates private property rights at the direction of other "member(s) of society").

      The "necessity" of government is itself based on a contradiction. Government supposedly exists to protect against lawless individuals, as there is no need to protect you from the law-abiding. However, if there were many such lawless individuals then the government (made up of that same proportion of lawless individuals) would not be willing to protect you anyway. If man is good, no government is necessary; if man is evil government is insufficient.

      You have attempted to create a false dicotomy between acceptance of government and complete isolationist autarky. There are plenty of reasonable alternatives. Consider: at what population (community size, i.e. number of direct relationships per person) does a government become "necessary"? Two? Three? A dozen? A hundred? A thousand? A population of 12 or less would be unlikely to feel a need for a government, but could still form a society with all the interpersonal relationships that exist in a larger group. They would, of course, have to defend themselves against the occasional aggressor (internal or external) but self-defense (and, by extension, collective or private defense agencies) can easily deal with that. The situation would be similar with community of a hundred people, or a thousand, which is approaching the upper limit for any one person's active relationships (ignoring mere aquaintances). Assisted self-defense is a perfectly good way to defend against such aggression without turning to government (which, in practice, does very little actual defense to begin with; it concentrates more on punishing aggressors after the fact).

      The "social contract", if it exists, should cover the smallest possible set of universal rules, which for human society essentially amounts to respect for self-ownership and private property; the smaller the "contract" becomes (without compromising these essential elements) the fewer conflicts will result which cannot be resolved without violence (the only way of resolving conflicts between people with incompatible social "contracts").

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    31. Re:Thank god I feel so much safer now by Anonymous Coward · · Score: 0
      Assembling a police force of patrollers to enforce this rule and smashing down the door and taking prisoner those who are in violation of it.


      Why not just use the open window?
    32. Re:Thank god I feel so much safer now by DogBotherer · · Score: 1

      I couldn't disagree with you more. You are failing to see that these are not the wishes of a majority of "society" these are the machinations of a very powerful small corporate minority... Staying and fighting is all very well, but we are relatively powerless, we can no longer buy politicians/police etc. as we don't have enough money, they can; we don't have all the organs of state at our beck and call, they do... Neither is running away much use, there isn't a great diversity of governments anymore, not nearly so much divides the great US of A and US of E from the emerging US of Asia as you might imagine. I tried running, and six years after I fled, western corporatism is already catching up with me (WTO membership next month). Ah well, at least I had six good years whilst my compatriots sold out their democracy. That's the real answer, proper democracy, and that's been lost, possibly beyond redemption.

  11. To you lawyers out there by Shadow-isoHunt · · Score: 1

    When will we get a legal system where the punishment fits the (lack of) actual crime?

    --
    www.isoHunt.com
    1. Re:To you lawyers out there by skelator2821 · · Score: 4, Insightful

      When will we Get a LEGAL system that isnt Bought and Paid for by Greedy Corporations.. It took a NUMBER of Years for Enron Folks to be tried and imprisoned and they stole Billions and Destroyed peoples lives.. I guess the Law and rules only work in favor of the Rich and powerful :( What a Crock of Manure.

    2. Re:To you lawyers out there by Beryllium+Sphere(tm) · · Score: 1

      A few years after you demand it and work to get it.

  12. Makes you wonder... by bobdotorg · · Score: 5, Funny

    ... what his, umm, sharing ratio will be in prison.

    Do you think he'll leave it open for peers after he's done?

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
    1. Re:Makes you wonder... by Anonymous Coward · · Score: 1, Funny

      but what peers will "connect" to him afterwards? people know that after prison, all your "hash-checks" fail, and no one wants to leech off "bad data"

    2. Re:Makes you wonder... by Kwesadilo · · Score: 1
      Do you think he'll leave it open for peers after he's done?

      He'll probably get some very forceful reseed requests.

      --
      This space reserved for administrative use.
  13. Safe At Last by Phantom100 · · Score: 5, Funny

    Well, I will sleep much better tonight knowing that this horrible criminal is finally behind bars.

    1. Re:Safe At Last by Anonymous Coward · · Score: 2, Insightful

      You can make similar sarcastic comments about the prosecution of Martha Stewart and others convicted of insider trading. After all, what Martha did (had she gotten away with it) only affected people who had substantial investments in ImClone. Furthermore, those investors were going to suffer major losses no matter what - all she did was get out a little early, possibly skimming a minuscule fraction of each of their stakes.

      In other words, there are crimes on the books that do not involve physically hurting someone else, or manually swiping their wallet or automobile.

    2. Re:Safe At Last by Phantom100 · · Score: 2, Insightful

      In other words, there are crimes on the books that do not involve physically hurting someone else, or manually swiping their wallet or automobile. Agreed. One of those laws dictates that you will not travel faster that the posted speed limit. Should we start sending people to prison when they violate that law?

    3. Re:Safe At Last by aaza · · Score: 1

      186000 miles per second: it's not just a good idea, it's the law!

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    4. Re:Safe At Last by jahudabudy · · Score: 1

      One of those laws dictates that you will not travel faster that the posted speed limit. Should we start sending people to prison when they violate that law?

      Probably not; we can prevent people from speeding much more easily and cheaply (for society, that is) than prison. But there should be much more significant penalties involved for me screaming through your neighborhood at 180 mph than for me going 70 on a 65 mph highway. I would even go so far as to say I think the asshat going 180 through your neighborhood should be punished more harshly than the guy that swipes $20 in merchandise from the gas station, even though one guy actually harmed somebody, and the other guy only potentially harmed somebody.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
  14. holy shit by Punto · · Score: 1

    should we start moving to freenet now?

    --

    --
    Stay tuned for some shock and awe coming right up after this messages!

    1. Re:holy shit by ResidntGeek · · Score: 1

      Gnunet is a good choice. Download it and start up the daemon, the network needs nodes and content.

      --
      ResidntGeek
  15. Stupid is as stupid does by Timesprout · · Score: 3, Interesting

    Seriously how fucking dense do you have to be if you think putting up a torrent to Star Wars III: Revenge of the Sith before it was released to cinemas was not going to put you top of the MPAA shitlist and destined for special attention.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Stupid is as stupid does by Anonymous Coward · · Score: 1, Funny

      Releasing that film at all should be considered a crime against humanity!

    2. Re:Stupid is as stupid does by Dunbal · · Score: 1

      how fucking dense do you have to be if you think putting up a torrent to Star Wars III: Revenge of the Sith before it was released to cinemas was not going to put you top of the MPAA shitlist

            How bad must your security be, and how untrustworthy must your employees be, for a film like this to be released anyway? It's easy to blame the guy who walked into your house and stole stuff, and yes he did commit a crime. But make sure you lock your door next time, yeah?

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Stupid is as stupid does by shark72 · · Score: 1

      "But make sure you lock your door next time, yeah?"

      Exactly. The movie companies have cracked down a lot on screeners over the past few years for precisely this reason. Copies are more carefully distributed and various tracking measures are employed.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Stupid is as stupid does by Anonymous Coward · · Score: 0

      dude, that's one step away from saying a girl that dresses like a slut was asking for it.....

    5. Re:Stupid is as stupid does by Dunbal · · Score: 1

      that's one step away from saying a girl that dresses like a slut was asking for it.....

            Well, she WAS! I am kidding. Even if a girl was walking around naked with a sign saying "I love sex!" there's no justification for rape. Ever. Even "But I raped her in self defense" doesn't work here.

            The onus is still on the person who did wrong by stealing. But do you lock your doors at night? Do you have an alarm or anti-theft device at home or in your car? These won't necessarily prevent your things from being stolen, but they do make it more difficult - hopefully difficult enough that the thief will choose a different, less difficult target.

            Not taking these precautions doesn't justify having your stuff stolen. However one would be foolish to ignore the fact that crime exists and not take simple steps to reduce your chances of being the victim.

      --
      Seven puppies were harmed during the making of this post.
  16. This makes me very sad. by oblivion95 · · Score: 5, Insightful
    From the U.S. Constitution: http://www.law.cornell.edu/constitution/constituti on.articlei.html#section8
    • 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;

    In order to imprison someone for violating the temporarily granted monopoly, the government should have to prove that he discouraged "the progress of science and useful arts". For that, they would have to prove that the people who obtained his pirated material would otherwise have paid for it. That is the problem with the arguments of strict copyright proponents: They fail to recognize that the absence of piracy does not imply equivalently higher sales. Some of us are simply not willing to pay $20 for one decent song on a CD.

    The fine might be appropriate, but prison time is completely unjustified.

    1. Re:This makes me very sad. by TheSHAD0W · · Score: 1

      As much as I agree with your sentiment, I'm afraid you have your reasoning backwards. That specifies the general purpose of copyright legislation, but is not a reason for pleading that the copyright laws don't apply to him.

      Otherwise, "the right of the people to keep and bear arms" can indeed be infringed upon, since we no longer have militias.

      And yes, lots of lawyers believe as you do, but I think you'll find the reasoning to be accepted intermittently.

    2. Re:This makes me very sad. by OverlordQ · · Score: 1

      Some of us are simply not willing to pay $20 for one decent song on a CD.

      If you're not willing to pay the money, you're not able to get the goods. Simple as that. It seems that the vast majority of file-leechers seem to think that have this right to take whatever they want just because they dont feel like paying for it. I mean sure it's not classified as theft, but I think it should be. Sure you're not depriving them of their copy, but you're taking something that doesn't belong to you, nor do you have the rights to have. That fits my description of stolen property just fine.

      Yes I do download stuff of bittorrent, but I dont try to justify myself by thinking I have some mystical right to get whatever I want 'just because'

      --
      Your hair look like poop, Bob! - Wanker.
    3. Re:This makes me very sad. by oblivion95 · · Score: 1
      > Sure you're not depriving them of their copy

      Thank you. That's exactly the point. The punishment should fit the crime.

      For many years I bought no CDs except a few via a BMG deal. When mp3s became readily available, I downloaded some. Did anybody actually lose any money?

      And how about this: I had several CDs stolen on an airplane. Later, I replaced them by downloading from allofmp3. Did I steal anything then? I had already paid for the intellectual property. Think about that one for awhile...

    4. Re:This makes me very sad. by sangreal66 · · Score: 1
      IANAL, but I believe the problem with your argument is that the "promote the progress of science and useful arts" preamble only means that when Congress passes a copyright law they must have the intention of promoting the progress of science and useful arts. That preamble does not affect individual copyrights or cases of copyright infringement.

      Judging by this standard, it is obvious that although Congress could require that each copyrighted work be shown to promote the useful arts (as it has with patents), n19 it need not do so. As discussed in the previous section, Congress could reasonably conclude that the best way to promote creativity is not to impose any governmental restrictions on the subject matter of copyrightable works. By making this choice Congress removes the chilling effect of governmental judgments on potential authors and avoids the strong possibility that governmental officials (including judges) will err in separating the useful from the non-useful. Moreover, unlike patents, the grant of a copyright to a non-useful work impedes the progress of the sciences and the useful arts only very slightly, if at all, for the possessor of a copyright does not have any right to block further dissemination or use of the ideas contained in his works.
      MITCHELL BROTHERS FILM GROUP v. CINEMA ADULT THEATER, 604 F.2d 852; 1979
    5. Re:This makes me very sad. by handsome+b · · Score: 1
      I mean sure it's not classified as theft, but I think it should be.
      I would say it is exactly classified as theft by the copyright holders, and in many cases, the law... it's a matter of what level they are able to prosecute on, based on resources available vs. number of guilty parties. That's where the scare tactics come in and why there are "don't steal music" stickers on new iPods.
    6. Re:This makes me very sad. by Dunbal · · Score: 3, Informative

      I downloaded some. Did anybody actually lose any money?

            The MPAA would have you believe that they lose $60 billion a year. Now let me put that into perspective: $60 billion US is like almost 10% of the annual GDP of a small country like say CANADA... These people are so full of shit.

      --
      Seven puppies were harmed during the making of this post.
    7. Re:This makes me very sad. by shark72 · · Score: 1

      "Some of us are simply not willing to pay $20 for one decent song on a CD."

      Ah yes, the $20 CD.

      I don't pay $20 for CDs, either, but I don't avoid this price through piracy. I either buy the track I want on iTunes, or if I really want a CD, I'll pay $14 for it, as is the going rate.

      --
      Sitting in my day care, the art is decopainted.
    8. Re:This makes me very sad. by Anonymous Coward · · Score: 0

      "the government should have to prove that he discouraged "the progress of science and useful arts"."

      I can safely say I got out of the music industry because it wasn't worth the risk any more.

      Not from not getting paid by the industry -- those cheating bastards that rip off artists actually had the nerve to give me a contract that spelled out what I could expect to get paid and threw open the books any time I wanted. Nope, I got sick of seeing works I had been a part of (and should have been paid for) thrown into the public domain by people that seemed to think they knew that I wanted freed from my oppressors.

      Who knows if it would have ended up resulting in a sale? Sometimes, the exclusivity is the driving factor behind a sale. Sometimes an artist does not want their work split into pieces -- I know one album I helped in the background on the surface had only 'one decent song' but that is only when you looked at the work as a collection of disseperate pieces (and most of the folks I hear talk about it today mention that they listen to it as a single work).

      All in all, I know I'm not alone. I know a lot of musicians that have had reasonable success that got out of the industry because it is too much of a gamble these days. People just don't respect copyright and as such, it makes all but the most commercially viable works unsustainable. The surface 'diversity' has increased, but its controlled and written by far fewer individuals than ever before.

      Anyhoo...I'm posting this as anonymous as I just don't care to be bothered. I'd either be labled a liar or worse, a plant. After all, no real musician has ever been a nerd.

    9. Re:This makes me very sad. by professionalfurryele · · Score: 1

      "It seems that the vast majority of file-leechers seem to think that have this right to take whatever they want just because they dont feel like paying for it."

      They do, it's called a right to the cultural heritage of humanity. Now the point is that they (collectively) surrendered some of that right by creating another right which temporarily supercedes it, copyright.

      We no longer live in a free state. Our government allows us those liberties that corporations have decided are not important to them, while denying us others. If we keep our rights or not have now become a business decision.

      The cause of this is simple, democracy. Specifically representative democracy. For democracy to work you need the majority of the people who vote to be well informed. In the West, this simply is not the case. The more I experience of politics the more I realise we need a kind of Aristocratic (not Plutocratic or Oligarchic, I mean Aristocratic in it's technical sense) Democracy. That is a representative democracy where only those with expertise in a field may vote for people making decisions in that field. We also need a government where it is almost impossible to get much done short of returning rights to the states and people, banning political parties and lobbying would be a good start.

      If the law contravines the rights of the people it is the responsibility, no duty of those with the power to change government to do so. It says so right there on the Declaration of Independence.

      Back to the point in hand, we all have a right to access the cultural heritage. We were only supposed to surrender that right for a short time to encourage enrichment of the public domaine.

    10. Re:This makes me very sad. by cliffski · · Score: 1

      unless i've missed something nobody forces you to buy that CD at all.
      Also, its not food, water or shelter, so you dont have a human rights case to make to possess that CD.

      So they bundle in songs that *you* dont like with ones that *you* do. Personally, I buy albums by bands I like. I tend to like pretty much each song equally, as I always have done. I dont understand what sudden evil thing happened where the musicians started deliberately recording bad songs every 3rd track just to annoy you.

      And if the band bundles together a certain group of songs for $20, thats their decision. wait for the greatest hits album if your so outraged. I like Star trek DS9, but I don't like the Kira Nerys character. Why the fuck should I pay $20 for one or two good characters, and a load of filler? Also, I didnt like the merry and pippin characters in LOTR. WTF must I pay for a few good wizards and a load of filler?
      Come to think of it, I got ripped off with this keyboard, I never wanted the damn scroll lock key. I blame the evil MPAA.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    11. Re:This makes me very sad. by aadvancedGIR · · Score: 1

      Well, maybe this movie is not a good example.

      If a trusted friend had downloaded this movie and told me how crappy it really was, maybe I wouldn't have listened official critics and paid for it.

    12. Re:This makes me very sad. by swillden · · Score: 1

      Now let me put that into perspective: $60 billion US is like almost 10% of the annual GDP of a small country like say CANADA

      Here's a better perspective: Worldwide gross revenues from movies is around $30B. So if they say they lost $60B, then they're saying that their revenues would have tripled without piracy and their profits (since making and promoting movies is the vast majority of their expenses, duplication and distribution is chump change) would have been increased 13-fold.

      That means that piracy is costing them 67% of their revenues and 92% of their profits.

      It also means that, in the absence of piracy, the motion picture industry would have seen absolutely unprecedented growth over the last few years (since on-line piracy became practical).

      Right. To what, exactly, do they attribute this phenomenal growth which piracy is claimed to have eaten up? And why exactly did this growth coincide so precisely with the advent of broadband Internet connections?

      (Note that this is based on the parent post's statement that the MPAA claims $60B in lost revenues. I don't know that their claims are that extravagant. If so, they're absolutely ludicrous).

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    13. Re:This makes me very sad. by OverlordQ · · Score: 1

      Cultural Heritage? What a load of bullshit. First you guys say "Everything hollywood puts out is shit", now you're saying "Well it may suck total ass but it's part of our 'Cultural Heritage so we should get it free'

      And dont even try telling me the lastest Splinter Cell, Warcraft, {NBA|NHL|FIFA} 2k7 can be considered anything remotely close to "Cultural Heritage"

      --
      Your hair look like poop, Bob! - Wanker.
    14. Re:This makes me very sad. by CopaceticOpus · · Score: 1
      Now let me put that into perspective: $60 billion US is like almost 10% of the annual GDP of a small country like say CANADA...

      I can't say I'm following you here. How many beaver hides and gallons of maple syrup is that?

    15. Re:This makes me very sad. by oblivion95 · · Score: 1

      > unless i've missed something nobody forces you to buy that CD at all.

      You've missed the point. When someone receives pirated music, the loss to the legal seller is not the sale price. The loss is only what the potential buyer was willing to pay, minus the costs that would have been incurred in providing the material. If producing and distributing the CD costs $3, and if I was never willing to pay more than $2.50, then there was NO LOSS WHATSOEVER!

      I am not willing to pay $14 for a CD. I do not steal. Therefore, I do not have the CD.

    16. Re:This makes me very sad. by oblivion95 · · Score: 1

      The real problem with this debate is the moralistic tone.

      First, a copyright is not a "right", as the Supreme Court has consistently pointed out. It is a monopoly granted by the government, and rescindable by the government. From the cited decision, "Congress could reasonably conclude that the best way to promote creativity is not to impose any governmental restrictions on the subject matter of copyrightable works."

      Second, no one is losing actual property. They are losing potential profits (the exact value of which is debatable) but as mentioned in point #1, they never had a "right" to those profits. They were guaranteed those profits only in order to encourage the progress of useful arts.

      The only valid question is whether piracy actually discourages useful arts. Some claim that it does. Maybe so, but that is seldom the topic of debate.

    17. Re:This makes me very sad. by cliffski · · Score: 1

      a simplistic (at best) analysis. I wonder how much you claim you would be prepared to pay if you could *not* get a free copy?
      Im rpesuming, of course, that as you feel your not leeching or freelaoding, that you send a check for $2.50 to the artist?
      RIGHT?

      if It could justify me getting adobe photoshop for free, I'll happily pretend, even to myself, that I was only prepare to pay 0.01c under the price, and therefore I just took it.

      --
      DRM-free indie games for the PC and Mac: Positech Games
  17. The profit scheme with no question marks by siddesu · · Score: 4, Insightful

    Trademarked by the "entertainment industry"

    1. Make the (US) government happy by paying politicians for
    legalizing monopoly over culture practically forever
    2. Kill creativity and competition by killing the public domain
    3. Nourish crap tastes, sell crap at monopoly prices
    4. Profit

    5. Goto 1

    1. Re:The profit scheme with no question marks by Anonymous Coward · · Score: 0

      Go To Statement Considered Harmful ;)

    2. Re:The profit scheme with no question marks by Anonymous Coward · · Score: 0

      Except for step 2.

      You cannot kill creativity. In fact history shows the more you clamp down on it
      and the more you try to crush it the more powerful, explosive and dangerous it
      becomes.

      This particular underpants gnome "algorithm" you give plays right into the hands
      of modern artists and is the death recipe for the "entertainment industry" (what a
      laughable oxymoron).

      Please, let them take away the public domain. Leave us with nothing but a barren
      desert of uncultured plastic shit. Wait a few years, then watch the new wave that
      "nobody understands" wash away the remenants of the old guard. It's as inevitable as
      night following day. Oppression breeds creativity like rabbits.

      Sometimes I think given the means and opportunity to get away with it I'd joyfully stab every
      pathetic excuse for a human that works in a media company for their greed and selfishness, but
      then I remember what sad little narrow minded twunts they really are. The parasites that live
      off others creativity will die by it.

      They may own the past, but we own the future.

  18. Martha Stewart | Grant Stanley by pembo13 · · Score: 4, Interesting

    ...crimes that benifit herself and deal with actual money : 5 months

    Grant Stanley, crime characterized as sharing : 5 years of butt sex.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Martha Stewart | Grant Stanley by Anonymous Coward · · Score: 0

      I know what you mean, but Martha Stewart was a lousy counterexample - every mofo on the wall street and the coporate upper management do insider trading, and she's got singled out.

    2. Re:Martha Stewart | Grant Stanley by Anonymous Coward · · Score: 0

      Where'd the "5 years of butt sex" come from? The article said five months.

    3. Re:Martha Stewart | Grant Stanley by Anonymous Coward · · Score: 0

      It's also a lousy example because she wasn't convicted for the alleged crime she was being investigated for, but instead it was for lying to the FBI during the investigation (obstruction).

    4. Re:Martha Stewart | Grant Stanley by Anonymous Coward · · Score: 0

      That's actually pretty normal, especially for white-color crime.

    5. Re:Martha Stewart | Grant Stanley by Tim+C · · Score: 1

      Two points:

      1) He's getting 5 months too, not 5 years

      2) I assume that in the US, as in every other civillised country, you have different types of prisons, and that he's going to end up in one of hte ones that they reserve for non-violent, non-sexual offenders, and that thus the chances are excellent that it'll be 5 long, uneventful months.

    6. Re:Martha Stewart | Grant Stanley by eltonito · · Score: 1

      Martha Stewart wasn't convicted of a crime that dealt with a financial transaction. She was convicted of "lying" to cover her ass when asked about the transaction. A transaction, that if she hadn't made would've cost her around $50,000 - she paid nearly $200k in fines and did some time in powderpuff prison.

      They spent millions to prosecute her, damaged her company to the tune of millions of dollars and used her as a scape goat for a common practice that all large brokers still engage in today.

      I would argue her punishment wasn't any more relevant than the punishment we are decrying.

  19. Gun Manufacturers Found Guilty! by Anonymous Coward · · Score: 0

    Only fair that gun manufacturers should go to jail when people use their products to commit crimes.

    The creators of elitetorrents.org simply supplied a technology for people to share bits of data. The only people that should be prosecuted should be the ones doing the crimes not the manufacturers of technology.

    BTW - The FBI/government should be spending taxpayers money to fight terrorism not subsidizing the RIAA/MPAA. Didn't they say something last time like they didn't know or didn't have the resources to figure out the 9/11 attacks before they happened??? Guess they cant use that excuse again if they can waste taxpayers money on this crap...

  20. Jail for adminning? by Robber+Baron · · Score: 5, Insightful

    Jail? For adminning an indexing site?

    When are they going to lock up the Google admins?!?

    --

    You're using her as bait, Master!

    1. Re:Jail for adminning? by IntergalacticWalrus · · Score: 1

      Please stop raping the English language. The correct word is administrating.

      Now if you'll excuse me, I'm going to be defragging my hard drive, but first I'll do some delling of unimportant files to speed it up.

    2. Re:Jail for adminning? by A+beautiful+mind · · Score: 2, Insightful

      Google is actually infringing the copyrights in a worse way than this dude did. Google actually stores copyrighted content on their servers, while the guy only provided an index pointing to the information...

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:Jail for adminning? by kabocox · · Score: 1

      Jail? For adminning an indexing site?
      When are they going to lock up the Google admins?!?


      Shh, don't give 'em any ideas!

    4. Re:Jail for adminning? by Robber+Baron · · Score: 1

      Give me a break...at least I didn't say "Googling"...

      --

      You're using her as bait, Master!

  21. It's the law by sauge · · Score: 1

    Your employer can deny an employee to do their lawfully expected duty - but they should expect a knock at the door from the local sheriff.

    1. Re:It's the law by dotgain · · Score: 1

      Yeah. Or put a more intelligent way, like the other guys:
      No, your employer can not deny you your lawfully expected duty.

  22. You were born into slavery, Neo. by Anonymous Coward · · Score: 0

    No matter where you go, there will be corruption. It is part of human nature, the dark side of it. There is not a society on earth that is good; eventually at some point they all turn to shit, no matter what grand ideals were at the inception.
    The solution is not to move away (like he could afford a private island anyway) but to fight against the corrupt system and try to make a difference, whether it's working within the confines of the system (but against it), or working on tearing it down (as sometimes is necessary when it becomes too evil for its own good).

  23. I would wage that you've never... by patio11 · · Score: 2, Insightful

    ... had an opportunity to vote on your state's murder statute either. Or, more to the point, that guy creeping up behind you never voted on it. Never even asked to be a member of this country, either. Show *him* the signature. Of course, in my experience anarchists always seem to learn the value of police and courts when it is their own lives and/or property in danger.

    The US version of representational democracy / republic isn't a total crock of **** :) Its the least worst of all systems anybody has managed to come up with. Anarchists say "Ahh, but its still a bad system, we'd be better off with no system", which just means you end up with a dictatorial government by whoever owns the guns when the current government goes under. Given that I'm 120 lbs and have never fired a gun outside of Duck Hunt I rather hope we don't go Hobbesian tomorrow.

    1. Re:I would wage that you've never... by dircha · · Score: 1

      While perhaps not well thought through, he is not suggesting we would be better off with no system at all. He is saying that the current system seems to lack legitimacy in his eyes. The system does not adequately represent him, not because his views are necessarily contrary to the democratic will of the people, but perhaps instead because the majority is ignorant of or apathetic to his concerns. Thus the laws with which he is concerned are not the representation of the democratic will of the people, but rather the will of an oligarchy, unchecked by the will of an ignorant and apathetic population.

      And to be fair, (Leftist)Anarchists rarely advocate "no system". Instead they advocate greater direct democratic governance brought about by the flattening of power structures, greater transparency, and greater community level control.

      Now, while this seems unrealistic given the seemingly essential national and now international modern world we find ourselves in, I can't say I'm not sympathetic to these concerns.

      We can't throw all of our young people in prison. If they believe our system lacks legitimacy they need to get involved and work to change things, because as soon as they start hitting their 30s and 40s it will be their system. But we can't just pin it on them. The older generations need to get involved, get informed, and respond to government corruption, corporate control, and the perception of illegitimacy.

    2. Re:I would wage that you've never... by shutdown+-p+now · · Score: 1
      The US version of representational democracy / republic isn't a total crock of **** :) Its the least worst of all systems anybody has managed to come up with.
      No, it's claimed to be the "least worst" by people running the system (and those who otherwise benefit the most from it), who at the same time resist the shift to direct democracy (via referendums) made feasible by the Internet Age.
    3. Re:I would wage that you've never... by jez9999 · · Score: 1

      The US version of representational democracy / republic isn't a total crock of **** :) Its the least worst of all systems anybody has managed to come up with.

      Some people would take issue to that.

  24. Use Freenet 0.5 by Anonymous Coward · · Score: 1, Insightful
    should we start moving to freenet now?
    Yes, please do! There's even a Frost message board dedicated to torrents, although you should be warned, using an "infringing" torrent that you find on Freenet opens you up to the same liabilities as using any other "infringing" torrent.

    You're much better off using the Freenet network itself to share and download files. Download Freenet here - make sure you get the 0.5 version, not the 0.7 version. Freenet 0.5 is anonymous and offers plausible deniability. 0.7 does not have these benefits yet; you must connect specifically to a set group of people (mostly Freenet developers) and anyone you connect to in 0.7 is able to tell what you insert/retrieve. This will be resolved in the future, right now the top priority in 0.7 is to build a reliable network.

    Despite what you may have heard, there is very much an active community on Freenet 0.5. Once you get Freenet running you'll definitely want Frost (see the link above), it's a messaging system that runs on Freenet. There are boards for just about every category you'd find at a torrent site.

    Have fun..and contribute..!
  25. bittorrent by Anonymous Coward · · Score: 0

    Why is everyone in prison gay?

  26. Trademarked by the Pirates by patio11 · · Score: 1

    1. Criticize the content industries for having crap products.
    2. Get the exact same crap products off of Bittorrent.
    3. Get arrested.
    4. Whinge about it.

    Lets review, shall we: if you hate Hollywood/Sony/the RIAA/EA/pick-your-boogeyman then *get your stuff elsewhere*. Nobody puts a gun to your head and says "You have to pay me $99.99 for Oops I Did It With Madden of the Sith 2007", unless for some strange reason you actually want to use that garbage. If you do, pay for it. If you don't, there are other sources for video games/movies/pop music/yadda yadda. And if you go to those other sources and say "Hey, this is nice, but this movie doesn't have the special effects that I expect with my $200 million summer blockbuster extravaganza" then, hate the break it to you, but the only participant in the system with a problem is you.

    1. Re:Trademarked by the Pirates by siddesu · · Score: 1

      Oh, but they do put a gun to my head. The gun takes the subtle form of laws paid for by boogey-men lawyers. These laws limit what kind of hardware can be produced and sold. They extend the copyright monopoly terms to the point where now practically nothing reverts to the public domain. These laws also impose tougher penalties for infringement than for murder and begin to substitute the legal basis for the monopoly from something with a limited scope and a particular goal into something called "intellectual property". All these laws break the reason for granting the copyright monopoly, and this is a good enough ground for me to worry. And, by the way, not everyone goes to the movies to see special effects.

    2. Re:Trademarked by the Pirates by Anonymous Coward · · Score: 0

      I guess I'm a "pirate", because you're an ass.
      Personally, I don't ever download the music I claim as crappy, I download the music I like, and if I decide they deserve it, I'll buy a CD. Or, in my case since my taste is really obscure and hard to find, I download it and do what I like with it.
      Secondly, I never download anything that is a "partner" of that retard regime. I guess my opinion on life and politics leads me to music and software that is legal to download in the first place, or dare I say, GOOD.
      You can have your shitty media and software. The RIAA/MPAA/USA doesn't want justice brought forth for the ones who only download illegally, they want it to be illegal to download ANY media, regardless of if the creator said it is alright. They want the creativity to be smashed, so that those moron fat-cats can get money for every little shitty ass piece of information. You want hip-hop-crap? Rap-crap? fake-punk-crap? "Electronica-crap"? (I put that in quotes because the word isn't real, the music industry invented it when the word "techno" lost it's appeal (also incorrect))
      Let me guess, all you snobs think that I'M the elitist bastard, well you'd be wrong there too. I grew up the the electronic scene, and I'm sick and tired of the music that's churned out today by record labels being called something it isn't. Not only is it terrible, but it also has no fucking soul. Neither does this modern punk-rock, or this modern crunk-rap. It's all watered down pussy music produced to make a profit off of retarded fans.
      So here it is. I'll download what I like, copy what I like, say what I like, and read what I like. I don't care if it's "classified" information, or if the music has "DRM" installed, I'll get it if I want it. And just to annoy you, I'll go download a metallica song right now, and then publicly display it against "government regulation", even though they suck.
      I don't care. You know why? Because information is just that. Information. It's not property, it's not yours. It's not theirs, or mine. It's everyones. Suck it up, because this will never end.

  27. Better Sentence by kahrytan · · Score: 0, Flamebait


          He could have been sentenced to X number of community service hours until the corporations he stole from was paid back fully. I suspect this would probably be a lifetime community service but it is fair.

          If you allowed people to download 100 copies of Windows XP Home full edition, then you should do enough community service to the corporation stolen from to pay for $19,900 in lost profits. That would be around 3000 to 4000 hours. The amount would be reduced if you turn over the people who downloaded those 100 copies. And those 100 people would be ordered to do community service to pay for the $200 in loss profit. You literally pay for what you stole.

    --
    \
    1. Re:Better Sentence by Anonymous Coward · · Score: 0

      Who would download Windows XP Home edition?? my god!

    2. Re:Better Sentence by Anonymous Coward · · Score: 0

      I don't agree with you.

    3. Re:Better Sentence by Dunbal · · Score: 1

      If you ...download 100 copies of Windows XP ... you should do enough community service... to pay for $19,900 in lost profits. That would be around 3000 to 4000 hours.

            Hey wait a second... how come Microsoft gets to charge "full price" for their "lost profits", and I am valued at $5 an hour? I earn a LOT more than that my friend.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:Better Sentence by Anonymous Coward · · Score: 1, Insightful

      Like many before have pointed out, that system of reparations is flawed. Not everyone who downloads copyrighted works can be considered a potential customer, had the work not been made available for free. The reality is that most of those who knowingly download copyrighted material are doing so only because they cannot otherwise afford the purchase price of the material in question. Had they not downloaded it, they still wouldn't be a paying customer. Furthermore, they'd also be less likely to recommend the product to another (potential) customer had they not experienced it.

      Again, same rings true for any of the following: Music, movies, software, games, books, etc.

      I do not believe it criminal to fulfill the needs of which would otherwise remain unfulfilled due solely on the fact that most (if not all) copyrighted works these days are overpriced. So much so that the average person cannot easily afford them, even if the need blatantly exists.

    5. Re:Better Sentence by aixroot · · Score: 1

      Pity that MS is selling their stuff as a monopoly.
      They are stealing from everyone.
      How high should their retribution be?

    6. Re:Better Sentence by Anonymous Coward · · Score: 0

      Better yet, if you allow people to download a copy of Windows XP, you should be forced to provide technical support to those users for as long as Microsoft supports it. That'll keep MS software off the bittorrent networks.

    7. Re:Better Sentence by Anonymous Coward · · Score: 0

      Correction: I believe you used the word "stole" inappropriately. If you thought you didn't, then perhaps we ought to have a little chat with you concerning that television content that you "STOLE" last night when you fast forwarded through the fucking commercials!

      Use the grey matter in your skull. If there seems to be some tugging at the back of your mind, then pay attention. It's probably your common sense trying to remind you that it's still there.

    8. Re:Better Sentence by kahrytan · · Score: 1


      Community Service is paid at or near minimal wage regardless of worth. You are truly treated as an equal.

      I was using 'Microsoft' as an example. And Microsoft or any other company (like SUSE Linux) should have the right to collect the full price of lost profits that are proven on paper.

      People who steal should give back what they have stolen either through Cash or Community Service, preferably both at the same time.

      --
      \
    9. Re:Better Sentence by kahrytan · · Score: 1

      You are so wrong. Everyone are potential customers regardless if they can't afford it. You simply to work to pay back what you stole as if you purchased it. An illegal customer becomes a legal customer. If you still don't get it, You become indebted to the company you steal from until you pay them back in full.

      --
      \
    10. Re:Better Sentence by kahrytan · · Score: 1

      I don't fast forward through commercials. I don't own a DVR or PVR. I watch all my shows LIVE. And my suggestion was COMMON SENSE.

      --
      \
  28. the answer by Anonymous Coward · · Score: 0

    Why is everyone in prison gay?

    because they don't have enough females there

    -m10

  29. Here we go again... by davmoo · · Score: 0, Troll

    The Duality of Slashdot never ceases to amuse me.

    People who help others get copyrighted material without paying for it and then get busted are worshiped as martyrs.

    But if someone dares violate the GPL, those same Slashdotters rise up and demand the heads of everyone involved on a silver platter.

    It amazes me that more of you don't run for public office...you've got the "talking out of both sides of mouth" and "double standards" parts well covered.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:Here we go again... by oblivion95 · · Score: 4, Insightful
      The music pirate steals from the rich and gives to the poor.

      The GPL violator steals from the poor and sells to the rich.

      Do you really see no difference?

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

      Usually the File sharing individuals are doing it not for cash, but for helping the proliferation of popular culture (not always the greatest aspects of culture, but popular nonetheless). And this is usually at the instance of large corporations and associations with LOTS of money. Those who violate the GPL are themselves attempting to PROFIT (ie make cash) off the backs of others. Slashdot isn't being specifically hypocritical, they are showing that people/orgs/corps who rip off others and profit directly from it are the bad guys, and those who do it for the people while might be doing something that is against the law, its only a law because of the fact the people with the money desire it to be. A robin hood vs the administration of nottingham situation, salvo's in a twisted version of the class struggle.

    3. Re:Here we go again... by The+Cydonian · · Score: 3, Insightful
      But if someone dares violate the GPL, those same Slashdotters rise up and demand the heads of everyone involved on a silver platter.

      As far as I know, no one went to jail for violating the GPL. But I suppose you already knew that, and were fishing for responses such as this, werent you.

    4. Re:Here we go again... by TheCouchPotatoFamine · · Score: 1

      Forgoing mod pointage to respond.

      No, the copyright infringer, when confined to digital distribution, never involves making a profit.

      In cases where the GPL has been violated it almost always involves making a profit.

      Slashdotters know where the slimeballs are.

      --
      CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
    5. Re:Here we go again... by handsome+b · · Score: 1

      I'm not sure I would classify Richard Stallman or Linus Torvalds or Alan Cox as "Poor", unless comparing them to Steve Ballmer or Bill Gates or Steve Jobs.

    6. Re:Here we go again... by Matt+Perry · · Score: 2, Insightful
      The Duality of Slashdot never ceases to amuse me. People who help others get copyrighted material without paying for it and then get busted are worshiped as martyrs. But if someone dares violate the GPL, those same Slashdotters rise up and demand the heads of everyone involved on a silver platter.
      In case you haven't figured it out Slashdot is just a huge link farm to stories on the net. There are tens of thousands of active users here all with their differing opinions. Many of the users disagree on various matters, including copyright.

      It amazes me that more of you don't run for public office...you've got the "talking out of both sides of mouth" and "double standards" parts well covered.
      You'd have a point if you could narrow that down to individual users that say one thing about one subject and then change their minds on the GPL. But from looking at your post you haven't done that. You can't characterize all of Slashdot as a singular entity.
      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    7. Re:Here we go again... by bky1701 · · Score: 2, Interesting

      Copyright keeps money flowing into the hands of corporations.

      The GPL counteracts copyright by making the media free in most ways except for making non-free media with it, ie keeping the money from flowing into the hands of corporations.

      You seem to not understand why the GPL exists. If copyright didn't exist, I really don't think that the GPL would be needed at all.

    8. Re:Here we go again... by nacturation · · Score: 1

      The music pirate steals from the rich and gives to the poor.
      The GPL violator steals from the poor and sells to the rich.
      Do you really see no difference?


      I think I see. If I copy music from a struggling local musician, it's good. But if I create derivative works from software copyrighted by a $4 Billion publicly traded corporation such as Red Hat and I don't release the source, it's bad. Uh, what's your point again?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    9. Re:Here we go again... by Anonymous Coward · · Score: 0

      The Duality of Democrats never ceases to amuse me.

      People who help others get abortions and then get busted are worshiped as martyrs.

      But if someone dares execute a prisoner, those same Democrats rise up and demand the heads of everyone involved on a silver platter.

      The Duality of Republicans never ceases to amuse me.

      People who help others kill abortion doctors and then get busted are worshiped as martyrs.

      But if someone dares fight to save a prisoner's life, those same Republicans rise up and demand the heads of everyone involved on a silver platter.

      The Duality of the US Government never ceases to amuse me.

      People who help others commit search and seizure without a warrant at the time of search and seizure and then get busted are worshiped as martyrs.

      But if someone dares fight taxation, that same Government rises up and demands the heads of everyone involved on a silver platter.

      The Duality of davmoo never ceases to amuse me.

      Slashdot who help others read davmoo's posts and then gets busted is worshiped as a martyr.

      But if someone dares use davmoo's posts without permission*, that same davmoo rises up and demands the heads of everyone involved on a silver platter.

      It amazes me that more of you don't run for public office...you've got the "talking out of both sides of mouth" and "double standards" parts well covered.

      *It is, afterall, the case that you on the one hand are letting /. do as it pleases with your post, but not giving that same privilege to everyone else. Unless you revoke your copyright on your posts, then at least *some* of those posts will qualify as validly copyrighted (being sufficiently length) and only /. and you will have proper distribution rights.

    10. Re:Here we go again... by ObsessiveMathsFreak · · Score: 1
      I think I see. If I copy music from a struggling local musician, it's good. But if I create derivative works from software copyrighted by a $4 Billion publicly traded corporation such as Red Hat and I don't release the source, it's bad. Uh, what's your point again?
      Most struggling musicians actually prefer people to download their songs. And as to Redhat, ask yourself this. What percentage of code in any given RHEL distro was actually written in house at RedHat? Answer; not too much. Most of it was written by pasty faced programmers in dark and odorous rooms.
      --
      May the Maths Be with you!
    11. Re:Here we go again... by Anonymous Coward · · Score: 0

      There are a lot more differences as law doesn't just know one kind of "music pirate"

      Running a tracker, seeding a file, sharing a file, leeching a file - or, like in this case, running a warez-portal making profit due to ad-revenues can make the difference.

      The guys that "steal from the rich and gives to the poor" were not sued in this case.

    12. Re:Here we go again... by Ash-Fox · · Score: 1
      But if someone dares violate the GPL, those same Slashdotters rise up and demand the heads of everyone involved on a silver platter.
      And that specific group of 'Slashdotters' you mention probably wouldn't even touch commercial software they haven't paid for with a ten-foot pole.

      Slashdot has a lot of users, saying all Slashdot users do one thing (when not all of them do) and after do the other (when not all do) is quite far from the truth.
      --
      Change is certain; progress is not obligatory.
    13. Re:Here we go again... by x-vere · · Score: 1

      Your comment implies that you believe that harm to the rich to benefit the poor is justified whereas harm to the poor to benefit rich is unjust. I see, so then Mr. high-school-drop-out-car-thief stealing your Lexus is justified because you can afford to lose it and he can't afford to get one himself, but if repo his car because he isn't making his payments you're a bad man and will be found burning in hell.

      This whole forcible distribution of property (money, files, otherwise) idea that justifies taking from one and giving to another based on their means is stupid. Doing can discourage the creators of content from being creative in the future. If you can simply download whatever movie, song, software you want without the permission of the creators why would the creators bother making more?

      Don't get me wrong, I am a proponent of the GPL and Creative Commons. I am also a fan of Commercial licenses. Most of my code I could care less if another person uses or copies or whatever, but every once and a while I write a line I think I'd like to sell. I say more power to those who give away their creations for the betterment of society, but I also think that it is just as valid to want to earn a buck or even a million bucks for your creation and if you want your copyright protected then you're entitled to that.

      As far as this case goes, intent is a huge part of a criminal case. If you provide a technology that can be used for criminal actions with the intent for that technology to be used in such a manner, that is called conspiracy and therefore you are a criminal yourself. This man is no Robin Hood. However, I think prison time is a little harsh.

      --
      One day the toilets of the world will rise up... And I'm going to nuke them.
    14. Re:Here we go again... by Anonymous Coward · · Score: 0

      How about putting it this way:

      Isn't it remarkable how this site appears to attract users that worship people who help others get copyrighted material without paying for it and at the same time hosts many users who will rise up and demand on a silver platter anyone who violates the GPL?

      One would almost expect these two groups of users, if indeed they are separate groups of users, to come into conflict in all the discussion that goes on here.

    15. Re:Here we go again... by oblivion95 · · Score: 1

      > Your comment implies that you believe that harm to the rich to benefit the poor is justified

      I imply only that "giving" is not equivalent to "selling".

    16. Re:Here we go again... by x-vere · · Score: 1

      The explicitly imply as such rather than make it clear that stealing from the rich is less wrong than stealing from the poor.

      --
      One day the toilets of the world will rise up... And I'm going to nuke them.
    17. Re:Here we go again... by oblivion95 · · Score: 1

      I implicitly conceded that piracy is a crime. The italics showed the emphasis, which is that it is a fundamentally different crime than GPL-violation, which typically goes unpunished.

      I certainly don't mind your inference, since the truth of it is common sense. If you want proof, look at these two statements:

      X steals from the poor and *gives* to the rich.
      Y steals from the rich and *sells* to the poor.

      In this case, with rich and poor reversed, have I suddenly made the opposite implication? If not, then you must concede that you in your heart tacitly agree that stealing from the poor is in fact less wrong than stealing from the rich. It is an assumption, rather than an implication. I'm surprised that anyone would refute it. Would you at least concede that letting a man die is less wrong than letting a woman or a child die (as on a sinking ship)? If so, I am ready to concede that letting a rich man die is not better than letting a poor man die. Death is final and absolute while loss is relative.

  30. It all depends on your lawyer... and you. by NotQuiteReal · · Score: 2, Insightful
    If you are popular, and you have a good lawyer, you can get away with shoting someone OJ, cough, excuse me, Achoo!, Rober Blake, sorry.

    Anyhow, I think we need a big celebrity to get arrested on what used to be a civil crime of copyright infringment, to bring the issue to light.

    Meanwhile, if you are not rich, good looking, and popular, don't steal stuff or infringe on copyrights and you will be OK. It's all crap anyhow, right?

    That said, if you have an ordinary lawyer, you are probably more likely to get off "scott free", in front of a jury, in a case involving shooting someone who deserves it over a case of some high-falutin' copyright thingamahoochi.

    --
    This issue is a bit more complicated than you think.
    1. Re:It all depends on your lawyer... and you. by Dunbal · · Score: 1

      If you are popular, and you have a good lawyer, you can get away with shoting someone OJ, cough, excuse me, Achoo!, Rober Blake, sorry.

            Sounds like you have a bad cold there, here let me help you: cough cough Dick Cheney cough...

      --
      Seven puppies were harmed during the making of this post.
  31. Which rights are right? by Anonymous Coward · · Score: 0

    I just don't get how so many can take the moral high ground when it comes to pirating.

    When you pirate, you trample upon the rights of him/her who put the effort into producing the good in the first place.
    If they wanted to give their product away for free, they could have.
    If they wanted to provide a tiered pricing scheme, they could have.
    If they wanted to just ask for donations, they could have.
    If they wanted to offer their product free for home use, they could have.

    Why should you be able to demand these rights be stripped from creators.

    People cry injustice against the law.
    I would cry injustice if the law didn't.
    All the law is doing is enforcing the right for any person to do what they want with what they create.

  32. Correct me if I'm wrong... by Skudd · · Score: 3, Informative

    ...but isn't this what other torrent sites fought in the past?

    They don't actually host the illegal material; just a reference to it. If they're going to arrest admins for that, then why are search engines still indexing crack/serial/warez sites?

    If you want to get technical about it, the users submitting the torrents are the ones at fault, here. Granted, if the admin is the submitter, then he has every right to be imprisoned for his doings. But if he simply provided the web space for the torrent of copyrighted material to be hosted, and provided the bandwidth for the same, then his liability is somewhat questionable.

    I, personally, don't know how that site operated. If I were running such a site, then I would implement a moderation system. But depending upon the popularity and traffic involved in such a site, that could easily become a daunting task.

    I see it in the same light as arresting automobile manufacturers for the hit-and-run death of an innocent pedestrian. Sure, the car was used as the lethal weapon of choice, and it was productive in doing its task, but it's not Chevrolet's fault that their Silverado 1500 was used to kill someone. BitTorrent has a valid use, just as an automobile. When it's misused though, it's not the responsibility of the manufacturer, the used car dealer, or even the gas station!

    That's just my two copper pieces.

    1. Re:Correct me if I'm wrong... by shark72 · · Score: 2, Insightful

      "They don't actually host the illegal material; just a reference to it."

      This is exactly why he was nailed for "conspiracy to commit copyright infringement," and not "copyright infringement."

      "If they're going to arrest admins for that, then why are search engines still indexing crack/serial/warez sites?"

      Because the search engines are not in a conspiracy to commit copyright infringement. EliteTorrents was. This wasn't a Linux distro or creative commons torrents site.

      "If you want to get technical about it, the users submitting the torrents are the ones at fault, here."

      Those who upload the files are liable to be busted for copyright infringement. As the summary stated, he was nailed for conspiracy to commit. This isn't an RTFA issue here... it's RTFS. My guess is that you're of the assumption that there can only be one wrongdoer, and thus if the users are infringing, then the torrent site operator cannot be charged. It doesn't work that way.

      "But if he simply provided the web space for the torrent of copyrighted material to be hosted, and provided the bandwidth for the same, then his liability is somewhat questionable."

      This reminds me of those Internet chain letters that state that if you send along a note to the effect of "add me to your mailing list" along with $5, you are providing a service, and not participating in a pyramid scheme. You seem quite certain in your belief that there's no legal liability in running a torrent site, and your post is presently +4 Informative, so many people appear to agree with you. You're still incorrect.

      "BitTorrent has a valid use, just as an automobile. When it's misused though, it's not the responsibility of the manufacturer, the used car dealer, or even the gas station!"

      Precisely -- that's why they nailed the guy who was misusing the software.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Correct me if I'm wrong... by GauteL · · Score: 1

      "I see it in the same light as arresting automobile manufacturers for the hit-and-run death of an innocent pedestrian. Sure, the car was used as the lethal weapon of choice, and it was productive in doing its task, but it's not Chevrolet's fault that their Silverado 1500 was used to kill someone. BitTorrent has a valid use, just as an automobile. When it's misused though, it's not the responsibility of the manufacturer, the used car dealer, or even the gas station!"

      What an incredibly lame analogy. You could have at least used the "guns don't kill people, people do". Most of the use of cars is completely legitimate and when a automobile manufacturer sells a car he knows that most people will use it for completely legitimate purposes. Also, extremely few people intend on using cars for hit-and-run.

      Bittorrent, the technology itself is very useful and certainly has legitimate uses. Ubuntu and Fedora both uses bittorrent for distribution among other things. Posting a legitimate torrent on your own web page is certainly kosher. The guy who invented bittorrent also has no blame for people using it for copyright infringement, because the technology itself is useful for legal purposes.

      When you are setting up a site in which users exchange torrents with strangers, however, you KNOW that almost everyone is going to be using it for illegitimate purposes. Hardly anyone is going to use this site for legitimate purposes and if they do, it is mostly in order to say that "see it has legitimate uses".

      If 99.99% of all cars where bought simply to murder people, you would probably see a change in legislation about them as well.

    3. Re:Correct me if I'm wrong... by wathiant · · Score: 1

      His problem is that he pleaded guilty. By doing so, he submits himself to the corrupted judiciary system that declares his actions illegal. Never plead guilty in a copyright case and never pay 'protection money' to those gangsters. They know that they can't get you convicted, so they use scare tactics. This is also known as terrorism. Terrorism supported by the state (**AA organizations) is much worse than terrorism from a bunch of foreigners, since people can be convinced (fooled) that they're being protected from those foreigners and so they can go on with their lives. But the state can't convince people that it's protecting them from itself. Even Americans aren't THAT stupid.

    4. Re:Correct me if I'm wrong... by acq3 · · Score: 1

      they're mostly zinc now if I recall...

    5. Re:Correct me if I'm wrong... by Skudd · · Score: 1

      Har har. You know what I mean.

    6. Re:Correct me if I'm wrong... by Skudd · · Score: 1

      What an incredibly lame analogy. You could have at least used the "guns don't kill people, people do".

      I would have, but the primary purpose of a gun is to kill. The primary purpose of a BitTorrent tracker is not to provide warez, unless they explicitly say so. Ease up, though. It's not as "lame" as it appears.

      When you are setting up a site in which users exchange torrents with strangers, however, you KNOW that almost everyone is going to be using it for illegitimate purposes. Hardly anyone is going to use this site for legitimate purposes and if they do, it is mostly in order to say that "see it has legitimate uses".

      Typically, a site will have a Terms of Service agreement, or an Acceptable Use Policy. These documents will usually deter any illegitimate uses and provide a small amount of legal backing.

      If you fire up your own dot-com to share .torrent files, establish a TOS/AUP combination that deems copyrighted material as unacceptable, and attempt to enforce it, then I personally think that you should not be held liable in the event "Revenge of the Sith" is released on your site and the MPAA catches it.

  33. IP is NOT legitimate!!! by Anonymous Coward · · Score: 2, Insightful

    "Intellectual property" == "redistribution of wealth"; it's rent-seeking using government grants of monopoly, not legitimate profit-seeking from making scarce goods more available.

    There's no natural scarcity on ideas. Ideas are not mutually exclusive, and thus do not meet the criteria defining "property"; hence why "theft" is defined legally as "denial of use". If anything, copyrights and patents "steal" my ability to use my justly acquired property in specific ways.

    As to you earning a living as an ISV, you could sell your services for creating new software instead. The "free rider problem" is a myth -- pure voodoo economics; it's a euphemism for price controls.

    1. Re:IP is NOT legitimate!!! by nickos · · Score: 1

      Usually when people use the phrase "redistribution of wealth" they're talking about taking from the rich and giving to the poor, which is something that almost all governments do, and socialist governments do to a greater extent than right wing ones.

      Equating "Intellectual property" with "redistribution of wealth" is complete nonsense. Intellectual property is about claiming exclusive rights to ideas, not redistributing anything.

    2. Re:IP is NOT legitimate!!! by Anonymous Coward · · Score: 0

      Interesting you say that, shows how far the propaganda has worked: even under the current law, ideas are NOT supposed to be ownable. Yet there you are, apparently thinking and acting like they are. Jefferson is spinning at 10k RPM about now.

    3. Re:IP is NOT legitimate!!! by nickos · · Score: 1

      Hang on a second - where did I say that ideas should be ownable?

      I did say that "Intellectual property" is not equal to "redistribution of wealth" which is what my original post's parent claimed. IP (which I am opposed to) is the hoarding of wealth (by allowing idea creators a limited time monopoly).

    4. Re:IP is NOT legitimate!!! by Endo13 · · Score: 1

      I couldn't agree more.

      The big problem I see is that so many people these days (and big corporations in particular) seem to think they're entitled to make money off whatever idea they come up with, or whatever product they're selling. And if they're not making as much money as they consider themselves to be entitled to, the first thing they do is look for a scapegoat to pay up.

      Sorry, that's not even remotely close to capitalism. The way capitalism works is thusly: if you can come up with a good idea and turn it into a profit, that's great. Make as much money as you can. But if someone else sees your idea and manages to make it work better, and makes more profit while causing you to lose profit, that's your problem. No matter how much time you spent coming up with your idea, if someone else does it better, it's your own fault. You either improve your idea and gain back your market-share, or you lose. If you can't beat the competition, then maybe you need to look for a different product to sell.

      Nowadays though we're all about reinventing the wheel because someone somehow "owns" the idea that putting two disks on the ends of a pole is a great way to design transportation.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    5. Re:IP is NOT legitimate!!! by JesseMcDonald · · Score: 1

      Equating "Intellectual property" with "redistribution of wealth" is complete nonsense. Intellectual property is about claiming exclusive rights to ideas, not redistributing anything.

      Wealth isn't (always) about money; it's a pseudo-measurement of one's ability to achieve one's own goals ("pseudo" because one can't really measure wealth objectively). Intellectual monopolies (actually, all government-created monopolies) are wealth redistribution in that they inhibit some people's goals (violating their rights in their own property in the process) in order to allow other people to achieve their goals (by granting them control over the use of others' property).

      There is always contention between contrasting goals held by separate individuals; property rights are the boundary line, the determinant of which goals can be ethically achieved and which cannot. They specify the actions one cannot take in furtherance of one's goals; these actions are collectively known as aggression. Aggression can be equivilently defined as anything that upsets the balance between competing goals; that would include the enforcement of government monopolies (e.g. "IP"). Wealth redistribution -- involuntary reassignment (violation) of property rights -- is thus ultimately just another word for aggression, and "IP" does qualify as wealth redistribution by this definition.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  34. I wouldn't bet on it. by rodgster · · Score: 4, Insightful

    I have filed the waiver (basically cannot afford it) of financial hardship several times. Basically I couldn't afford to take a potentially long time unpaid off work .

    Now let me get out the soapbox yet again. I don't understand the injustice system. The judge gets paid well, the bailiffs & cops get paid well, the lawyers get paid very well, but the jurors get lunch money. What is wrong with this picture?

    If you want to get a jury of your peers, the jury MUST be paid the same wage they would otherwise earn. Without this you'll get nothing but juries which are composed of retirees, stay @ home parents or the unemployed.

    Good luck trying to justify your high tech crime to people who know nothing about computers or intellectual property.

    I been working 20+ years and I've never had a job which would pay my regular wage for a potentially long time. No thanks.

    BTW I have mod points, but once again this needs to be said.

    --
    Who will guard the guards?
    1. Re:I wouldn't bet on it. by ArikTheRed · · Score: 1

      Or we could abolish the jury system, replace them with educated panels of judges--experts in their areas (think Patent Courts)... oh wait, did I say that out loud?

    2. Re:I wouldn't bet on it. by rodgster · · Score: 1

      We already have something akin to that. I call it the "flea bargain".

      Which I personally believe is a violation of due process.

      --
      Who will guard the guards?
    3. Re:I wouldn't bet on it. by ArikTheRed · · Score: 1

      Well, as long as we're talking about violations of due process, judges should be required to inform juries of their right to nullify. Above I was meaning of removing juries for civil cases.

    4. Re:I wouldn't bet on it. by Anonymous Coward · · Score: 0

      Some employers let you take time off for jury duty, with pay. I think it's not particularly common though.

    5. Re:I wouldn't bet on it. by DaFallus · · Score: 1

      Lunch money? When I had jury duty the $6.00 they paid us was $0.50 more than the cost of parking at the Harris County courthouse...

      --
      No one cares what your captcha was

      Houston TX, USA
    6. Re:I wouldn't bet on it. by Anonymous Coward · · Score: 0
      Some employers let you take time off for jury duty, with pay. I think it's not particularly common though.

      I don't know about other places, but around here they are required to. If the company can't afford it (eg, the company is you), then you can get your service waived.

      But from what I've heard, the lawyers don't want people in high tech with good critical thinking skills. They want people who can be swayed by flimsy appeals to emotion. Remember: if either lawyer doesn't like you, you're out.
    7. Re:I wouldn't bet on it. by jackbird · · Score: 1
      Having recently served on a jury in a VERY emotionally charged case (vigilante aggravated assault related to alleged sexual abuse of a minor), I was extremely impressed that the prosecutor, judge, and defense attorney all went to great lengths to discourage us from relying on emotion. I was further impressed that one of the members of the jury allowed through was actually a practicing attorney (albeit in corporate law).

      The unemployed woman who said her brother-in-law had been arrested for "youthful indiscretions" that turned out to be a pending federal matter, but could be impartial because she "didn't even like the guy" was not picked.

    8. Re:I wouldn't bet on it. by loraksus · · Score: 1

      Now let me get out the soapbox yet again. I don't understand the injustice system. The judge gets paid well, the bailiffs & cops get paid well, the lawyers get paid very well, but the jurors get lunch money. What is wrong with this picture?

      Nothing, the legal system already sees regular people as pieces of shit who don't actually serve a purpose in the courtroom, this just reinforces it. In some counties, the cost of parking at the courthouse exceeds what you get a day as a juror.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    9. Re:I wouldn't bet on it. by Nataku564 · · Score: 1

      Or you could just stop buying things that are beyond your means.

      Being a juror is a civil service that you shouldn't have to be paid to do. If people can't manage your finance sufficiently such that you are not able to take a (generally minor - 1 week or so) leave of absence, then thats their problem, not mine. I keep money in the bank for stuff like this. My taxes should not go to subsidize people's infatuation with deficit spending.

      Kids, houses, and cars are commodities. If you can't afford them, then dont have them.

    10. Re:I wouldn't bet on it. by Anonymous Coward · · Score: 0

      My only jury duty experience was in Texas back around 1970. Another draftee, an older engineer, told me to relax and read a book, that we would not be selected and would be sent home on the third day.

      Of course he was right. No lawyer would accept a juror better educated and smarter than himself. There was no point even calling a university graduate for jury duty.

      There is a reason juries are 'mouth breathers'.

  35. Just like Napster? by tepples · · Score: 2, Insightful
    It's not? It sure is the first time that I have heard someone being prosecuted for providing the technological means to somone else to violate copyright law. For that's all a Napster-server is. It is NOT an act of copying or distributing anything, merely a way for clients to get in contact with each other in order to copy something.

    Fixed.

    1. Re:Just like Napster? by oliverthered · · Score: 1

      There's a big difference between napster and a torrent tracker. Napster actually provided the software to download music as well as the index servers. Bittorrent trackers are only the index servers.

      --
      thank God the internet isn't a human right.
    2. Re:Just like Napster? by Anonymous Coward · · Score: 0

      Napster got sued in civil court and had to close shop. This guy was prosecuted in a criminal court and is going to jail. Nobody at Napster went to jail.

      See the difference?

  36. 5 months? by Monsuco · · Score: 1

    Does this mean that he can be sent to jail, but OJ Simpson cant?

    1. Re:5 months? by Achromatic1978 · · Score: 1
      "You've been found not guilty by a jury of your peers. However, since a segment of the populace still believes, based on evidence provided to them by the media, that you did it, you can go to jail anyway!"

      I love it. Sign me up for this legal system!

  37. Copyright clause preamble has no effect by tepples · · Score: 1
    In order to imprison someone for violating the temporarily granted monopoly, the government should have to prove that he discouraged "the progress of science and useful arts".

    Should, but doesn't. The US court system has ruled that the preamble to the copyright clause is of no force or effect in deciding the constitutionality of a copyright statute, even though the copyright clause is the only congressional powers clause that has a preamble. In upholding the re-extension of copyright in Eldred v. Ashcroft, the Supreme Court has reiterated its policy of absolute deference in the interpretation of the preamble to the Congress, whose members are subject to control through reelection campaign contributions, unlike federal judges, who hold a life term.

    1. Re:Copyright clause preamble has no effect by mikelieman · · Score: 1

      So, explain this infringement on my rights to keep and bear arms.

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    2. Re:Copyright clause preamble has no effect by Anonymous Coward · · Score: 0

      Which is why we have such obviously unconstitutional laws as those that retro-actively extend copyright. The courts are supposed to decide the constitutionality of laws. When they fail to do so (as is the case with copyright by saying legislators get to make the decision) we all lose.

  38. If every possible melody is copyrighted by tepples · · Score: 1
    Please, let them take away the public domain.

    If every possible melody is copyrighted, then no new music can be created. Or do you expect the culture to abandon melody altogether?

  39. Sigh, someone loose the dogs of logic please by Anonymous Coward · · Score: 0

    Sorry, but it is painfully obvious that all of the people operating these torrent search engines and making ad revenue from indexing links to the downloads of files that are mostly copyrighted works should suffer huge penalties for their actions.

    You want to know why they are being targetted? They are making money off of piracy. This essentially paints a giant bullseye on you, and it is well deserved. Good riddance to these sites.

  40. Good question by User+956 · · Score: 1

    does he have rights to a blog

    Good question, but considering that he's already going to jail for what essentially amounts to thoughtcrime ("conspiracy to commit copyright infringement"), I don't think blogging about it would help the situation any.

    At this point, the government can put you in jail for pretty much anything. And with the death of habeas corpus on October 18 2006, they don't even have to give you a trial.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:Good question by c6gunner · · Score: 3, Informative

      "Good question, but considering that he's already going to jail for what essentially amounts to thoughtcrime"

      Conspiracy is not a thought crime. Conspiracy consists of planning and usualy preparation, most often involving several individuals. It's one thing for you to think "I want to kill George Bush", it's quite another if you go up to your friends and say "hey guys, I bought this here rifle...who wants to be my spotter when I go assassinate the president?".

      At this point, the government can put you in jail for pretty much anything. And with the death of habeas corpus on October 18 2006, they don't even have to give you a trial.

      I swear to god I'm going to take a claw hammer to the next person who repeats that myth.

      For the thousandth fucking time, that bill only applies to non-citizens!

    2. Re:Good question by Anonymous Coward · · Score: 0

      Almost everyone is a citizen.

    3. Re:Good question by Zemran · · Score: 5, Insightful

      I swear to god I'm going to take a claw hammer to the next person who repeats that myth.

      For the thousandth fucking time, that bill only applies to non-citizens!


      We are all citizens...

      When the constitution was written it did not at any point say that these rights should only apply to a subset of people. Americans have over the past 200 years changed into something else, a people that have no regards for the rights of the people that the constitution was supposed to protect, that is 'ALL' people. It is now simply, I'm OK so fuck the rest. Americans are losing those rights at such a fast rate that it will not be long before you will see the real stupidity of what you are saying. Yesterday you would have shouted about how the government can only spy on non Americans but today you see that they can spy on you too. Today you say but it is only non Americans that can be locked up without a reason, what will you say tomorrow?

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    4. Re:Good question by nickos · · Score: 2, Interesting
      that bill only applies to non-citizens!


      Oh, that's alright then! I expect this will do wonders for your tourism industry...
    5. Re:Good question by TheAlmightyChimp · · Score: 1

      I wouldent even consider visiting the U.S. no freedoms at all.

    6. Re:Good question by gsslay · · Score: 2, Insightful
      I swear to god I'm going to take a claw hammer to the next person who repeats that myth.

      Better make sure the person is a "non-citizen" before you start swinging that hammer. They're the ones with no rights, you can do what you want to them. Otherwise you might get into trouble.

      Of course, the next step would be defining exactly what is meant by a "citizen". Lets get that sucker narrowed down shall we? Open up what we can do to those damn annoying "non-citizens". Hell, let's stop pussyfooting around, just call them "non-persons" and be done with it.

    7. Re:Good question by MichaelSmith · · Score: 1
      that bill only applies to non-citizens

      So if I choose to visit the US again I could be locked up without due process? I think I will give that one a miss, thanks.

    8. Re:Good question by dirk · · Score: 5, Insightful

      I swear to god I'm going to take a claw hammer to the next person who repeats that myth.

      For the thousandth fucking time, that bill only applies to non-citizens!

      Or anyone who is determined to be an enemy combatant. And the rules for being declared an enemy combatant is that the president says you are. So yes, it DOES apply to every single person, since anyone at any time can be declared an enemy combatant for any reason.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    9. Re:Good question by Tim+C · · Score: 3, Insightful

      For the thousandth fucking time, that bill only applies to non-citizens!

      That's ok then - as long as it's only non-citizens* that you treat as being sub-human.

      (* And anyone declared to be an enemy combatant for whatever reason, citizen or not)

    10. Re:Good question by orangeyoda · · Score: 1
      swear to god I'm going to take a claw hammer to the next person who repeats that myth. For the thousandth fucking time, that bill only applies to non-citizens!
      Charge 1. Conspiracy to use a claw hammer. Charge 2. Conspiracy to inflict bodily harm. Charge 3. Insightment to Racial Hatred Charge 4. Repeated sexual attacks. Got to be good for 10 years jail time no? :P
    11. Re:Good question by hcob$ · · Score: 2, Insightful
      I swear to god I'm going to take a claw hammer to the next person who repeats that myth.

      For the thousandth fucking time, that bill only applies to non-citizens!

      Or anyone who is determined to be an enemy combatant. And the rules for being declared an enemy combatant is that the president says you are. So yes, it DOES apply to every single person, since anyone at any time can be declared an enemy combatant for any reason.
      Ahem... enemy combatants are people captured that are waging war on the US while not in uniform, not Joe Six-Pack in Jersey saying what an idiot BUSH is. Also, this was decided in 1942 by the Supreme Court in response to German Sabotuers

      People, you need to actually go READ the freaking laws you are screaming about. Not just read some summary on a website that happens to inline with your political and personal beliefs.

      Also, here's a fairly objective review of Hamdi's case. An American citizen detained as an enemy combatant.
      --
      Cliff Claven
      K.E.G. Party Chairman
      Founding Leader of: Koncerned for Egalitarin Governance
    12. Re:Good question by Anonymous Coward · · Score: 0

      "hey guys, I bought this here rifle...who wants to be my spotter when I go assassinate the president?"

      How badly was George Bush hurt when this was said? Is he in critical condition now? Oh. I guess nothing actually happened. It was just in speech, then.

    13. Re:Good question by Anonymous Coward · · Score: 0
      We are all citizens...


      Not everyone is a citizen of the United States of America, however. Some people are Canadian citizens, British subjects, etc.

      When the constitution was written it did not at any point say that these rights should only apply to a subset of people.


      The constitution also did not at any point say that those rights should not apply to rocks, clouds, and cute furry woodland creatures. That's because the writers assumed that certain facts were understood to be so by the context, and that any idiot would understand those facts. Like that the Constitution of the United States only applies in the United States. It even says in the Preamble that it was created for ourselves and our posterity, not every person on the planet.

      But don't let those silly little facts bother you. Go back and sing Kumbaya some more.
    14. Re:Good question by MightyYar · · Score: 1

      "Cockroaches" is best, really.

      On a more serious note, I have mixed emotions about this new law. On the one hand, I think that Habeas Corpus should apply to everyone - more or less a human right. On the other hand, even the Constitution says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Even the framers of the Constitution recognized that there are exceptional circumstances where Habeas Corpus may be suspended. If people training to take military action against our country don't fit in this category, then who does?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    15. Re:Good question by diersing · · Score: 3, Insightful
      Last I checked, there is no rebellion or invasion going on in America. I'm sure your point was focused on 'public safety' and taking the whole 1984 reference a bit further comrade, deep down in your heart of hearts don't you feel the itch that the Ministry of Truth are writing their own history and quoting their own 'facts' to better suite their own needs?

      We stopped another 10 terrorist attacks today thanks to the Patriot Act! Yay us. Aren't these the same people who were certain that Iraq had weapons of mass destruction and then couldn't find them? Aren't these the same people who KNOW (as well as the world) that N. Korea is a bigger threat but in that case, we prefer diplomacy? I wonder what could be the primary difference in those two situations? Maybe if Americans where consuming billions of barrels of Kimchi things might have played out differently.

    16. Re:Good question by enharmonix · · Score: 1
      Better make sure the person is a "non-citizen" before you start swinging that hammer. They're the ones with no rights, you can do what you want to them. Otherwise you might get into trouble.

      That's one thing that drives me so crazy about people who talk about how illegal immigration doesn't hurt anybody, when it in fact it just sets up the illegal immigrants as a lower class. Maybe law-abiding citizens won't hurt them, but here in Houston, criminals have figured out that because illegal immigrants can't open bank accounts, they carry large sums of cash (on Fridays), and because they're here illegally, they won't call the police to report a crime. So in reality they are only marginally less exploited than they would have been if they just stayed in Mexico or El Salvador (the two countries from which the majority of illegal immigrants in Houston come).

      Of course, the next step would be defining exactly what is meant by a "citizen". Lets get that sucker narrowed down shall we? Open up what we can do to those damn annoying "non-citizens". Hell, let's stop pussyfooting around, just call them "non-persons" and be done with it.

      I've worked with CBP (not for, and not closely, but close enough), and exactly what is meant by "citizen" is very well defined, and it is a pretty obvious definition. If you're having any difficulty with the difference between the words "citizen" and "person", I can only suggest you pick up a copy of 1984 and pay attention to the parts about Newspeak.

    17. Re:Good question by orielbean · · Score: 2

      This is correct - the designation of combatant is defined by the Executive via this new law. It used to be defined by the quaint Geneva Conventions, but that was the ENTIRE point of this law - getting to change who can be called a combatant (which is lower than a soldier).

      Also, even in the Geneva Conventions, a combatant was supposed to have all the same rights, except in very specific instances (like if you surrender then shoot at the soldiers arresting you).

      Even if you didn't wear a uniform or have an organized army or commingled with civilians (those are the common defenses against treating terrorists like POWs), the conventions were extremely clear in that they had the same rights as a POW.

      There is one article, commmonly quoted by Limbaugh / Hannity / Coulter dittoheads that defines the difference btw a combatant and POW (uniforms, organized army, separated from civilians) But they never ever ever quote further down where we can see that the combatant gets the same rights as a POW (unless the very narrow standards are met where they directly lie / pretend to surrender to the arresting soldiers). If you get a chance, read them sometime. They were very carefully crafted to protect those who fight our wars, no matter who is nice and who is nasty. Whether you agree or not is another matter, but the recent law takes the important job of naming a POW vs combatant vs a terrorist away from the Geneva Conventions and gives it to our Executive.

    18. Re:Good question by ichigo+2.0 · · Score: 2, Informative
      "The term `unlawful enemy combatant' means--

      `(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or

      `(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense."


      This is what the GP meant by 'enemy combatant'. Note the addition of 'unlawful', the GP and a lot of other people seem to mix them up.
    19. Re:Good question by Anonymous Coward · · Score: 0

      Thank you for not coming. We appreciate it.

    20. Re:Good question by MightyYar · · Score: 2, Insightful

      North Korea could not be invaded without the utter destruction of Seoul. Not only that, but it is possible that the Chinese would have backed the North Koreans. In the case of Iraq, they posed no serious threat to their neighbors, and even their friendly neigbor could offer no serious support for Iraq. The two situations could not be any different. Now, Iran, on the other hand...

      It is true that there is not an invasion going on in America in terms of an occupying force entering the country. However, America's interests are being attacked. When an embassy or ship gets blown up, that is no different than an attack on our soil. Certainly the attack on New York and DC can be argued to be a significant enough threat to take the current fundamentalism movement seriously. Just because our enemy is not a state or a king doesn't make it any less threatening. The barbarians are at the outskirts of Rome.

      I enjoy Orwell just as much as the next guy, but the man was just a gifted writer. While it is worth bearing in mind his warnings, I think the future he imagines in 1984 is a bit far-fetched.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    21. Re:Good question by shaneh0 · · Score: 2, Interesting

      I'm far from a Bush supporter. I quit my job software development job in 2004 to drive across the country and work for Howard Dean for America making about $11 an hour.

      But I do agree that we need to handle terrorism and terrorists very seriously and very sternly. It *is* a war. Iraq is a total fuck job, but we need to focus intelligence, law enforcement, special forces and full military operations on killing every Bin-*, Abu-*, and Al-* that wants to do us harm.

      This does require special tactics. Lincoln suspended Habeous during the civil war for all citizens. FDR interred 110,000 Japanese during WWII.

      And it's totally false to say that these laws "stretching" the constitution are against what the "founding fathers" had in mind. The original Sedition act was passed in 1798, making it illegal to criticize the President or Congress. This was signed by John Adams. Thomas Jefferson was a vocal critic.

      The law had a sunset clause built-in, so it expired uneventfully, but the fact that it passed the congress and was signed by the 2nd president of the united states should show you that the Constitution has never been concrete. It's mallable. This is a good thing. Sometimes it's bad, but it's very nature means that the bad things can be corrected.

      Besides, the constituion specifically provides for the suspension of Habeas if required for public safety.

      As for the "spying" nonsense, do you realize that international calls were also monitored during WWII?

      You're blowing this out of proportion. No long-term harm is being done to our country, its citizens, or the constituion. Bush didn't invent any of the techniques he's using. And if listening to Americans INTERNATIONAL calls ends up thwarting a terrorist attack, I think it's worth it. Domestic calls are another thing. Mostly because they're so much more common. For most of us international calls aren't that common. And if I'm calling my friend who lives in Lebanon, for example, I don't care that the call is being screened by a computer system for certain keywords. It's *FAR* from spying".

    22. Re:Good question by Seng · · Score: 1

      "I'm far from a Bush supporter. I quit my job software development job in 2004 to drive across the country and work for Howard Dean for America making about $11 an hour."

      I'm sorry to hear that...

      Yeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaarghhhhhhhhhh!

    23. Re:Good question by CohibaVancouver · · Score: 3, Insightful
      But I do agree that we need to handle terrorism and terrorists very seriously and very sternly. It *is* a war. Iraq is a total f*ck job, but we need to focus intelligence, law enforcement, special forces and full military operations on killing every Bin-*, Abu-*, and Al-* that wants to do us harm.

      The problem with this solution is it's a losing battle. For every "Bin-*, Abu-*, and Al-*" you kill off, another dozen replace them from a Madrasahs in Pakistan or Afghanistan. ( http://en.wikipedia.org/wiki/Madrasasin )

      In the meantime those of us in the West have our freedoms eroded piece by piece.

      IMHO the only real solution is a very long term one - Things like funding education in Pakistan so the children learn to read and write and learn geography and history and mathematics - Instead of just studying the Koran all day long and learning Israel is evil and America is the great Satan. But sending textbooks to Pakistan so thirty years from now they don't blow up the Golden Gate bridge or explode a dirty bomb in Atlanta doesn't win any votes today.

    24. Re:Good question by shaneh0 · · Score: 1

      I agree 100%

      We can't fix the PROBLEM in the short-term, but we do have to manage the SYMPTOMS. And right now, that means listening to international phone calls, for example.

      But you're totally right. Look at the pictures of Hezbollah handing out $10k (in US MONEY!!) after the israeli-lebabon conflict during the summer.

      We need to be there. We should be smuggeling bags of food into North Korea w/ the US Flag emblazoned on the side. We should give farm subsidies to Afghanies to make it cost effective for them to grow, say, corn, instead of opium poppies. Etc.

    25. Re:Good question by CohibaVancouver · · Score: 3, Interesting
      We should give farm subsidies to Afghanies to make it cost effective for them to grow, say, corn, instead of opium poppies. Etc.

      I recall reading one right-wing think tank that said the west should buy up the entire yearly opium output from Afghanistan, refine it into morphine and give it to the third world's hospitals. This would be cheaper than the 'war on drugs' and would provide the third world with a drug that they have great trouble obtaining.

    26. Re:Good question by Eli+Gottlieb · · Score: 1

      My God, that's absolute genius. And you say it came from a right-wing think tank?

      Actually, if we could *sell* the morphine cheaply to the third-world hospitals (at a price they could easily pay) we might even make some money off this.

    27. Re:Good question by Anonymous Coward · · Score: 0
      We need to be there. We should be smuggeling bags of food into North Korea w/ the US Flag emblazoned on the side.
      And take away North Korean farmers' livelihood? Make NK dependent on aid? I'm not saying it is a bad idea, but this kind of rushed thinking is what gets the Yankees into trouble in the first place. The full economic impacts should be analyzed.
    28. Re:Good question by shaneh0 · · Score: 1

      First of all, NK Farmers are a rare beast. There's not enough food to feed the country. Secondly, NK is *already* dependent on aid. Last year they received something like 1 Million Tons of food from foreign countries, mostly China and South Korea.

      Not that there might not be downsides, but the idea is, if people know that the bread on their table, literally, was made in America, they might find it in their heart to like us.

    29. Re:Good question by Coco+Lopez · · Score: 1

      You forgot the blasphemy charge --- by far the most serious.

    30. Re:Good question by loraksus · · Score: 2, Informative

      Conspiracy is not a thought crime. Conspiracy consists of planning and usualy preparation, most often involving several individuals. It's one thing for you to think "I want to kill George Bush", it's quite another if you go up to your friends and say "hey guys, I bought this here rifle...who wants to be my spotter when I go assassinate the president?".

      Actually, if you bought the rifle after you said those words (or one of your friends laughed it off and bought a spotting scope 6 weeks later), you're only a overzealous prosecutor and a jury full o'tards away from a conspiracy conviction.

      For the thousandth fucking time, that bill only applies to non-citizens!

      The cool thing about the bill, is that if you are awaiting determination, it doesn't apply. So if someone never actually checks to see if you've been properly detained as an enemy combatant, you're still quite fucked.

      `(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

      `(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    31. Re:Good question by c6gunner · · Score: 1

      You know, if I could actually use my mod points, I wouldn't know whether to mod you as "funny" or "troll" :)

    32. Re:Good question by c6gunner · · Score: 1

      Thanks, you just about covered what my response would have been.

      Being a citizen of any given country comes with certain rights and certain responsibilities. If EVERYONE has the same rights as a US citizen, then what's the point of having citizenship at all?

    33. Re:Good question by Anonymous Coward · · Score: 0

      For the thousandth fucking time, that bill only applies to non-citizens!

      Oh thank God! Good point. I'm glad my government is only violating the human rights of non US citizens! I mean if the president says they are terrorists, then who are we to judge, in fact who is anyone to judge? And now nobody else has to judge to see if they actually have violated the rules of war or even if they are just civilians. Who needs to worry about little details like evidence and such. Just declare them Unlawful Enemy Combatants and then neither the Geneva Convention apply, nor do they need to be tried in a court and they can be imprisoned forever. And if the president isn't around to just declare them enemy combatants, then just send em over to a tribunal, where rules of evidence don't apply, where the accused doesn't even know what the charges against them are, where the scales of justice have rubber stamps on both sides. This is a big improvement to when the president argued that he could do this to Citizens and non citizens alike.

      And here I was, all ready to say something mean about el presidente Bush and his Republican lackies. Seriously though, when is this idiot just going to break out the presidential sash and start ordering monuments to himself? Or does that wait till after the election?

    34. Re:Good question by J053 · · Score: 1

      > For the thousandth fucking time, that bill only applies to non-citizens!

      OK - so, someone in power decides they want to make you disappear. S/he passes word to the local police via DHS that you are an alien enemy combatant. According to the Act, they don't have to allow you to contact counsel or file a motion for habeas corpus. So, how do you prove that you are not an alien enemy combatant? Say hello to Gitmo!

    35. Re:Good question by Anonymous Coward · · Score: 0

      You sound like a *not yet out of the closet* bush supporter.

      Terrorism is a media thing. There is not terrorism yet.

      It's all a hyped up thing.

      And you my dear sir sound like a Microsoft developer who is fed up.

      Do some yoga!

    36. Re:Good question by tgrigsby · · Score: 1

      Americans are losing those rights at such a fast rate that it will not be long before you will see the real stupidity of what you are saying. Yesterday you would have shouted about how the government can only spy on non Americans but today you see that they can spy on you too.

      I watched "V for Vendetta" last night. Good movie, but I can definitely see why people linked that movie with what's going on in our country right now. It's astonishing how the American people can be cowed into allowing the foundation for the law of the land to be gutted, and their rights dissipated, by one simple attack on their own soil.

      Today you say but it is only non Americans that can be locked up without a reason, what will you say tomorrow?

      Anyone can be locked up if the President chooses to label them with the designation of "enemy combatant," a term for which there is no legal definition outside of the Geneva Conventions and which can be applied by the President without stated cause, authorization, review, or chance of reprieve. And "enemy combatants," citizen or not as we have seen, are regarded as having no rights whatsoever, no Geneva Convention protections, not even habeas corpus, forget what the courts say. They are subject to rape with chemical lights and broomsticks, genital shock, dog bites, sexual humiliation, and waterboarding, all of which, according to the GOP, does not constitute torture, oh no. They do not enjoy 4th, 5th, 6th, 7th, 8th, or 14th (section I) Amendment protections.

      Bin Laden won on a scale no one, not even that madman, could have predicted.

      Save America. Vote Democrat in November.

      --
      *** *** You're just jealous 'cause the voices talk to me... ***
    37. Re:Good question by kwark · · Score: 1

      One word: Hypocracy.

      It's like Human rights, it should apply to anyone regardless of their citizenship.

      See the debates about China, suddenly they should have the rights to be free in their own country like eg. americans are in the US. But a chinese citizen in the US has less rights when exposes to the "legal" system to defend himself.

    38. Re:Good question by c6gunner · · Score: 1

      It's like Human rights, it should apply to anyone regardless of their citizenship.

      Uhuh. And who's going to protect those rights?

      Your statements display an utter inability to understand how the world works. Humans have always banded together in groups in order to protect eachother from other groups. Modern society makes the need for such tribalism unnecessary within civilized nations, however, the nations themselves are basically just larger and more complex tribes. The success and survival of the tribe has always hinged on treating outsiders differently, and that's not about to change any time soon.

  41. If it's not on NFOrce then forget it! by tepples · · Score: 1
    When are they going to lock up the Google admins?!?

    Google becomes liable once it does one of the following:

    1. Stops responding to DMCA takedown notices.
    2. Accepts only those works published by the warez scene, like a lot of private BitTorrent trackers do. You'll often find verbiage in a tracker's rules similar to If it's not on NFOrce then forget it! where NFOrce is the name of a web site that indexes (but does not provide) warez releases.
  42. If it's not on NFOrce then forget it! by tepples · · Score: 1
    the users submitting the torrents are the ones at fault, here.

    Not entirely. Too many trackers have a policy of accepting only releases from the warez scene.

  43. thought crime by GodWasAnAlien · · Score: 1

    copyright infringement infringement, according to the intent of the US constitution on the matter,
    would be wrong only when it prevents the promotion of science and useful arts.

    I can think ways that current copyright and patent laws are preventing the advancement that they were intending to promote.

    I also think that distribution of information is positive if the information has value, and can be profitable even without sale as
    it acts as free advertisement.

    The internet is disruptive, as the printing press was. Some are still trying to hold back progress to keep the old business model.

    Some pretend or believe that there is some moral right for a company to milk money from old ideas forever.
    This is not so, but our current legal trend is leading to more artificial legal information control, and the thought crimes that result.

  44. Meanvile in inverseverse by arose · · Score: 1

    People who host copyrighted content get punished and people providing links and checksums are left alone.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  45. BOONDOCKS by TheCrawlingShadow · · Score: 0

    Nice boondocks quote there bud, better credit the author.

    1. Re:BOONDOCKS by SmittyTheBold · · Score: 1

      Have you never seen Office Space?

      I get the feeling I've been trolled...

      --
      ± 29 dB
    2. Re:BOONDOCKS by i_should_be_working · · Score: 1

      He probably hasn't seen Office Space, and maybe you haven't seen the Boondocks. It's just a coincidence that they both covered this topic. Here's a Boondocks clip; funny stuff

      One of the many funny quotes in that clip:

      Wife: Tom, did you erase all my mp3s?
      Husband: Hey, file sharing is a crime. And I'm not gonna be anally raped so you can listen to Usher.

    3. Re:BOONDOCKS by Eli+Gottlieb · · Score: 1

      God, I love that show. And the comic strip, which has been put on "permanent hiatus" (ie: they've gotten Aaron McGruder). When will the new season come on?

  46. Uh, Mate... by Anonymous Coward · · Score: 0

    "I hope that Australia doesnt end up following America down this path."

    Have ya forgot the history on how your own country was founded?

    It's your roots man...

    Sheesh...

    Buy 'em books

    Send 'em to school

    And all they want to do is eat the teacher

    1. Re:Uh, Mate... by aussie_a · · Score: 1
      And all they want to do is eat the teacher
      But she was so hot and barely legal!!!!11111
  47. Sour grapes by MacDork · · Score: 1

    You obviously think everyone here is too stupid to tell the difference between violating copyright law and violating a license agreement. We are subject to law whether we feel that law is just or not. No one is subject to a license agreement unless they *agree* to it in the first place.

  48. copyright infringement and theft by Isthisagametou · · Score: 1

    It may be impossible to steal intellectual property. But when someone copies something against the will of the copyright owner they have taken from the owner his ability to control how, who, when, where that something is copied. If he doesn't have that control over his IP then it seems like he has lost his copyright on it, (not the piece of paper that says he has it, but it). That seems kind of like theft.

    1. Re:copyright infringement and theft by bky1701 · · Score: 1

      theft in your world? Kind of the same cause and symptom. I respectfully request you stop basing your use of words on what you think they mean and look them up in a dictionary.

    2. Re:copyright infringement and theft by bky1701 · · Score: 1

      Opps, sorry, part of my comment was cut off.

      Then is "stealing" your girlfriend theft in your world? Kind of the same cause and symptom. I respectfully request you stop basing your use of words on what you think they mean and look them up in a dictionary.

  49. "Useful" arts... by Wilson_6500 · · Score: 2, Insightful

    It kinda makes me wonder: what exactly constitutes a "non-useful" art? Let's pretend that I'm the best in the world at weaving creative designs into submersible helicopters made of wicker. If nobody wants, desires, or even critically appreciates my wicker-woven submersible helicopter customizations, does that make their creation a useless form of expression? Could someone flagrantly violate my copyright in this case without repercussion? Does the very fact that someone might _try_ to violate my copyright make the art a "useful" one, and thus make that phrase meaningless?

    1. Re:"Useful" arts... by Anonymous Coward · · Score: 0

      Duuuuuuuude. *puff* It's like saying, "This sentence is false." Whoa, man.

      Do you have any Doritos?

  50. Neither Would I by colonslashslash · · Score: 2, Insightful

    But I think the GPs point was that GPL violations are largely infringing on the copyright of people who work for the community (read: anyone who wants to join in and use GPL'd software), and an overwhelming amount of the time, they don't get paid for it. On the flip side, the large majority of copyright infringements like those touched on in this discussion are against an industry that rakes in billions a year and has a track record of fucking over customers and artists alike for profit.

    You might not agree that this makes it a worse "crime" by definition, but there is definately a pretty clear distinction in many people's eyes.

    --
    She's built like a steak house, but she handles like a bistro....
  51. Why the RIAA and MPAA are being such jerks by Nitewing98 · · Score: 1

    Granted that most of us here on slashdot don't see the big crime in copyright violation, it pays to understand why the RIAA and MPAA are being such jerks:

    Revolutionaries are usually guilty of kicking the props out of a government power structure. What is interesting here is that the power structure being threatened isn't a government, it's big business. We've finally reached the point (as in the "Aliens" movies) where the Corporation has more power than the government (because it has more financial clout). Consider: The government is now being used (via the DMCA and the witch trials put on by the RIAA/MPAA) as a mere lackey of the Corporation.

    Folks, we're in danger here. The 60's radicals were right after all. War generates profits - maybe that's why we're at war.

    --

    Nitewing '98

    Everything works...in theory.

  52. Not that clean by Chuck+Chunder · · Score: 3, Insightful
    I see it in the same light as arresting automobile manufacturers for the hit-and-run death of an innocent pedestrian. Sure, the car was used as the lethal weapon of choice, and it was productive in doing its task, but it's not Chevrolet's fault that their Silverado 1500 was used to kill someone.

    It isn't that clean cut though. Chevrolet aren't making their offering as a "pedestrian killer 1500", they are offering something which clearly has a legitimate purpose and are offering it for that purpose.

    If someone is running a bittorrent site and they have set up categories such as "TV Shows" or specific show names then I can't see how anyone can claim that they are offering something neutral.

    Bittorrent as a tool is neutral. However if you expend effort designing a site in a way which specifically assists illegal use then I don't think it's surprising to be included as part of a "conspiracy". You have specifically assisted people to use the tool for illegal means.

    I've not seen Elite Torrents so I don't know how much this applies to it specifically. Having said that from what (little) I have seen "subtlety" isn't a word I'd associate with that sort of site.

    Search engines and so forth may contain similar information. However they have not expended effort to specifically help people find that type information, it is just there because it happens to be part of all the information out there.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
    1. Re:Not that clean by Cederic · · Score: 1


      If someone is running a bittorrent site and they have set up categories such as "TV Shows" or specific show names then I can't see how anyone can claim that they are offering something neutral.

      You appear to be under the misapprehension that nobody can legally distribute TV shows through bittorrent. Not all TV shows are restricted from distribution by current copyright law.

      The specific show names are asking for trouble though, yeah :)

  53. No the sky seems to be staying where it is... by KKlaus · · Score: 1

    I appreciate your general disillusion and disgust with copyright law, but lets not lose _all_ focus here. Fact number 1: The average slashdotter is not a physically impressive specimen. Fact number 2: most of us live in the wealthiest nations in the world.

    Yes, you are born in to certain circumstances. But really, in a world where people only felt they needed to follow laws they personally approved, the music you could download legally would not be a fair trade for how often you would get the shit beaten out of you by people stronger than you. Established law and order is a Good Thing.

    And second of all, in terms of being born in to certain circumstances, its not like you were born in Niger, or rural China, or Afghanistan. You did not, I repeat, did not get the short end of the stick because there are some shitty laws on the books. So lets be upset, but lets not lose our heads.

    --
    Relax I just want some peanuts.
  54. Comment removed by account_deleted · · Score: 0

    Comment removed based on user account deletion

  55. A bit wrong by KKlaus · · Score: 1

    I think the way judges are coming down on this indicate that there is some ratio of legitimate use to illigitimate use that you need to satisfy. I'm not saying the law is great, and I'm certainly not saying that copyright infringement should carry a criminal penalty, but the way the rulings are coming out make it pretty obvious that without a fair ammount of legal use, anything that is used for significant amounts of copyright infringement is illegal.

    So to your analogies, again reiterating that I don't think this guy should have gone to jail, his site was not the same as google or a car. His site was nearly to exclusion for the purpose of warez. Google can be used to find warez, but that is a small amount of its actual use. Similarly, despite their utilitiy in running people over, most people use cars for other purposes! So like I said, bad ratio.

    --
    Relax I just want some peanuts.
  56. USSR by Ilmarin77 · · Score: 3, Interesting

    Funny, back in USSR people used to be put to jail for distributing "political information"
    Now, in USA person gets into jail for distributing music. I guess this is the real Democracy for you :)

    1. Re:USSR by Anonymous Coward · · Score: 0

      Democracy is dead.. replaced by disguised aristocracy, only difference is, that this time the aristocrats are the big corporations. And they've disguised the process as a democratic one.

    2. Re:USSR by Hazrek · · Score: 1

      In Soviet Russia, files share YOU.

  57. From the Wikipedia article about Operation D-Elite by ExploHD · · Score: 1

    "Pornbits, which gives out free cracked user names and passwords to pay sites"

    Those torrents were covered under Operation Afternoon D-Elite.

  58. A better way to make your point by KKlaus · · Score: 3, Interesting

    It's not a question of greater or lesser penalty, even though it comes off that way because all of us slashdotters would rather sell our houses than go to jail. Sending people to jail was never intended to be just a punishment (altough it is a pretty good one), it was intended to remove people from society that posed a significant enough threat to justify the expense of locking them up until they can behave better. Murderers, people who commit assault, etc obviously fit the bill.

    I hope we haven't reached the point were copyright infringement is considered a "menace to society."

    --
    Relax I just want some peanuts.
  59. Finreactor admins fined 420000 euros by Anonymous Coward · · Score: 0

    In Finland admins of Finreactor were fined about 420000 euros.
    Finreactor was a file sharing community.

  60. Probably... by Analein · · Score: 0

    The judge was just mad at him, getting banned for not keeping the ratio like this.

  61. Search Engines by Bones3D_mac · · Score: 1

    Doesn't this sort of thing make owning and operating a search engine a risky venture? Should you go to prison just because your particular search engine Just happens to be good at locating certain types of data hosted by completely unrelated entities? Just because a user does a search for "*.mp3" files doesn't necessarily imply intent to commit intellectual property "theft".

    Just another example of our already corrupted legal system creating a classification of crime just so it can witchhunt for "criminals".

    --


    8==8 Bones 8==8
    1. Re:Search Engines by shark72 · · Score: 2, Informative

      "Doesn't this sort of thing make owning and operating a search engine a risky venture?"

      Not really. Legitimate search engine operators are not involved in conspiracies to commit copyright infringement.

      Remember, this is the guy who ran elitetorrents. The guy who posted "HEY, WE HAVE STAR WARS!" six hours before it was released into theatres. He wasn't running a legitimate search engine. He was deep into the warez scene.

      --
      Sitting in my day care, the art is decopainted.
  62. That is.. by Anonymous Coward · · Score: 0

    That is pure evil, copyright infringement. I've seen people get less time for more heinous crimes.

  63. penalties also to serve as deterrent by Animaether · · Score: 1

    keep in mind that penalties also should serve as a deterrent.

    Let's say that the penalty should do no more damage than the crime it is addressing..

    The crime is: speeding. 80 in a 40 zone.
    The damage done is: none. Unless you cause a crash - none.
    The penalty should be: none.

    I guess you can see where that idea falls apart.

    So what's the damage in copyright infringement... technically, none. Or at least, not measurable.
    So the penalty should also be none?
    ( Some would probably argue "yes", but those people can start arguing yes as soon as I can perform copyright infringement on a loaf of bread, and the baker can copyright infringe on wheat and so forth and so on. )

    Now let's say that a speeding ticket for 80 in a 40 zone is $1. Who would that stop? Make it $10, and I'm sure plenty of people will still speed. $100 and we're talking plenty of people who are going to think twice. $1,000 and who would still speed except for those speeding for a very specific reason (e.g. get away from cops, rush to hospital, try and make it to a meeting where a greater interest then $1,000 out of your pocket is concerned.)

    So what should the penalty for vast copyright infringement be to both 1. address the 'crime' and 2. serve as a deterrent?

    1. Re:penalties also to serve as deterrent by Benaiah · · Score: 1

      hey why not make it 10 years jail for goin over the speed limit and 10000000000000 dollars. So what happens if one day you are going down a hill on a clear sunny day overtaking a slow poke and you go 10ks over the limit... Then you see a cop turn on the sirens. Then do you know what will happen. You will do something stupid. Maybe when the cop comes out to arrest you, maybe you will run him over, stab him shoot him. Maybe you will try and speed away as fast as you can and cause a major accident killing innocents. There has to be a point when you are being unfair. Once you cross that line desperate people will start doing stupid things. This is why crack dealers have guns. They would rather die than face the punishment. You might think its fair, but the laws of capitalism say he is merely providing a service. Where is the crime in that. I say. Focus. Focus on the real issues in this world. All the hungry in the world. The homeless. The sick. Help them. All this article and your response show me is that america is going down the path that leads to revolution. Push the people too far and they will rebel.

  64. Don't shower for 5 months ... by AHumbleOpinion · · Score: 1

    "do you really think 5 months in prison is that bad?"

    It only takes one prison rape to turn that 5 months into a death sentence.


    Don't shower for 5 months. And let me preempt the naysayers who doubt the feasibility of doing so, three little letters: RMS. ;-)

  65. Conspiracy is the key word here ... by AHumbleOpinion · · Score: 1

    Sorry, hold up there. He mass-distributed /infringing intellectual property/. Labeling it as or drawing analogies comparing it to theft damages my language, and I don't intend to allow that.

    He entered into a criminal conspiracy. You are not doing so well with the language yourself, perhaps your recognition wetware needs an upgrade or two. Once you do so try parsing 'conspiracy to commit copyright infringement' again.

  66. Re:Use Freenet 0.5 not, 0.7 is safer, friends by free2 · · Score: 1

    0.7 does not have these benefits yet; you must connect specifically to a set group of people (mostly Freenet developers) and anyone you connect to in 0.7 is able to tell what you insert/retrieve.

    I thought 0.7 was a friend-to-friend network, meaning you only connect to friends that you know and trust, and they forward files and search requests to their own friends, anonymously. This means only your trusted friends can retrieve files from your computer. This sounds quite safer than 0.5 where anyone can retrieve files from you and then sue you if you sent them forbidden files.

    http://en.wikipedia.org/wiki/Friend-to-friend

  67. Success! by Arguendo · · Score: 1

    The mere fact that you are all discussing the harshness of his sentence very nearly justifies at least one goal of criminal justice system: deterrence.

    1. Re:Success! by palladiate · · Score: 1

      Well, so would drawing and quartering him. I'm sure some 14-year-old downloader somewhere would be deterred, but would that fit into our constitution? It's simple. The man is being deprived of liberty for 5 months. Did he deprive ANYONE of liberty for his crime? No. He deprived them of property. The fact that we are talking about the harshness of this crime tells you it's cruel and unusual. I haven't kept strict tabs on our government recently, but I don't think they've repealed that amendment yet. At least not without repealing the second amendment first.

    2. Re:Success! by Arguendo · · Score: 1

      Yes, drawing and quartering the man would certainly be a disproportionate response to the crime. But depriving someone of liberty for the crime of property theft is not disproportionate. Fines and other monetary sanctions are often insufficient to deter individuals from crime, and society does have a right to use the criminal justice system for deterrence.

  68. Copying music is like copying GPL'd code ... by AHumbleOpinion · · Score: 1

    Some pretend or believe that there is some moral right for a company to milk money from old ideas forever. This is not so, but our current legal trend is leading to more artificial legal information control, and the thought crimes that result.

    What a load crap you offer. First these companies are offering luxuries not necessities, so yes they should have the right to milk them. Second the owner of a movie or song should have the right to control its distribution, just as the owner of a piece of source code has the right to control its distribution. Copyright is the mechanism that owners do this with. If we did away with copyright the GPL would be unenforcible. Corporations would be free to take Linux, tweak it, embed it in proprietary products, and not distribute their changes. Things are far more complicated than you suggest, the enforcement of intellectual property laws is a good thing.

    1. Re:Copying music is like copying GPL'd code ... by cpt+kangarooski · · Score: 1

      You're wrong.

      A copyright monopoly is little different than, say, a cable tv monopoly. Artificial monopolies are inherently bad, depriving the market of the beneficial effects of competition for what is essentially a commodity good. So we shouldn't grant them for the hell of it, or because a monopolist is a nice person. We -- the public -- do it when it benefits us to do so, even taking into account all of the downsides to it.

      Whether something is a 'luxury' or not is irrelevant. (And btw, culture is not a luxury) Likewise, the issue is whether someone gets to control anything; if they don't, then they aren't any kind of owner, making your second point circular.

      While few are suggesting we abolish copyright (as opposed to the many who suggest we reduce it in length and scope), yes, the GPL would go with it. But so what? The GPL is not sacred, it's a means to an end, just like copyright itself. If we would be better off without copyright, even accounting for the loss of the GPL, then it would be an acceptable loss. And since copyright reform is on the table as an alternative to abolishment, we can think of reforms that will generally be beneficial and which will have minimal impacts on the GPL. For example, we could reduce software copyright terms to last only a few years on any particular version, but require everyone who wants a software copyright to at least reveal their source code and thoroughly comment it, so that everyone can inspect it (though not use it during the copyright term; c.f. patents) and then use the source once the copyright expires. New versions would be derivatives of the old, and so if you didn't want people to be able to copy your binaries, you'd have to get a copyright on the new material, again with source disclosure. Likewise, the law could use copyright as a weapon against DRM by making them mutually exclusive and promoting DRM circumvention and wide-scale copying of the necessarily public domain DRMed materials (there'd be no such thing as copyrighted DRMed materials). I suspect that reforms like this would make the public much better off, and that incentives for authors would barely be reduced, since they're so concentrated in the first initial weeks to year or so from publication.

      You ought to think about this sort of thing, rather than automatically assume that the current system is the best and thus worthy of defending.

      --
      -- 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.
    2. Re:Copying music is like copying GPL'd code ... by AHumbleOpinion · · Score: 1

      A copyright monopoly is little different than, say, a cable tv monopoly. Artificial monopolies are inherently bad, depriving the market of the beneficial effects of competition for what is essentially a commodity good.

      Wow that is a confused argument, at leased it was dressed up with phrases from Econ 101 so it sounds slightly better than the average rant. We are not dealing with commodity goods, we do not have equivalent goods. Each movie or song is a unique piece of art, one is not a replacement for another, the market is not deprived. The market is not closed, anyone may record a song or make a movie and make it available to the market.

      Likewise, the issue is whether someone gets to control anything; if they don't, then they aren't any kind of owner, making your second point circular.

      I'm afraid you are the one engaging in rationalization and circular reasoning. You confuse ownership with the ability to enforce authorized distribution. The fact that enforcement is not 100% does not change ownership.

      For example, we could reduce software copyright terms to last only a few years on any particular version, but require everyone who wants a software copyright to at least reveal their source code and thoroughly comment it, so that everyone can inspect it (though not use it during the copyright term; c.f. patents) and then use the source once the copyright expires. New versions would be derivatives of the old, and so if you didn't want people to be able to copy your binaries, you'd have to get a copyright on the new material, again with source disclosure.

      Who said they would copy your binaries, I stated in my post that people would take source, modify it, and release binaries but not the modified source. I'll entertain you misunderstanding for a moment though. In your scheme the GPL is still effectively destroyed, I merely wait the three years, for many application (like the embedded example I offered) a 3 year old kernel is fine. Secondly, you would completely undermine the advantage that some perceive of the GPL over BSD style licenses. You would deter developers from contributing. Something you should have learned in the Econ 101 class is to follow your changes to the system down through time and make rational guesses about how behavior will change, unanticipated outcomes.

      You ought to think about this sort of thing, rather than automatically assume that the current system is the best and thus worthy of defending.

      No one said the current system is the best. I would go as far as to say it is superior to what you offer.

    3. Re:Copying music is like copying GPL'd code ... by cpt+kangarooski · · Score: 1

      We are not dealing with commodity goods, we do not have equivalent goods. Each movie or song is a unique piece of art, one is not a replacement for another, the market is not deprived.

      You're wrong, but that's because you're looking at the wrong aspect of the market. Copyright is a monopoly over specific works. Each copyright is a monopoly as to that specific work. For example, Disney has a monopoly over their movie adaptation of Aladdin. No one else can make copies of it. On the other hand, they don't have a copyright on the underlying story of Aladdin, people can make copies of the underlying story (just as Disney has done), and the market benefits from competition between authors for the best retelling of the story. A monopoly on the underlying story would deprive the public of many versions of Aladdin, just as a monopoly on any one version deprives the public of the many versions that could spring from that. Nor is this limited to derivatives; since Disney has a monopoly on their version of Aladdin, the market cannot deliver identical copies of their version at a lower cost. This is a classic example of a monopolist harming consumers. Without their monopoly, the movie would likely be available from many sources, and the cost would be far lower. Some might even make it available for free.

      You confuse ownership with the ability to enforce authorized distribution. The fact that enforcement is not 100% does not change ownership.

      Again, you're misunderstanding me, and that's the source of the confusion. I never mentioned enforcement. I said that if you lack the right of control, you don't own anything anyway. After all, a copyright is simply the right to prevent people from doing certain things with regard to a certain work. If you lack that right, you lack a copyright. How easily you can exercise that right isn't something I was talking about.

      I stated in my post that people would take source, modify it, and release binaries but not the modified source.

      Yes. And I am suggesting that a good reform to copyright would be one in which if you did this, you couldn't get a copyright, and would thus be risking that other people could copy your binaries freely, which you probably would not like. This provides an incentive to pursue a copyright, which would require that you make your source publicly readable so that, when your copyright expired (remember that you were avoiding the GPL by waiting for a hypothetical short copyright term to expire), your modified source is readily available. And since copyright doesn't protect ideas, any improvements in the software's functionality could be used during the copyright term, provided that it was implemented without copying the source as you had written it.

      I'm perfectly aware that this might have some impact on the GPL, since one could wait for the copyright to expire on GPL'ed software so long as you were willing to be a bit out of date. But on the whole, most software is not GPL'ed, the source is permanently closed, often lost, and the software remains copyrighted far too long. I think that my ideas of mandating deposit of commented source and shortening the term to a few years would provide a significant benefit for the public, even accounting for whatever detriment might occur with regard to the GPL. That is to say, I'm more concerned as to the big picture.

      --
      -- 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.
  69. I had a chat with a record company guy.. by clickclickdrone · · Score: 3, Insightful

    I talked to an old friend recently who works in the music industry. He both plays in a band, runs a studio and does A&R. He's always been extremely anti downloading music and we've crossed swords on this a few times as for *me*, the ability to sample huge amounts of music has resulted in me actually buying considerably more CDs.
    We had a chat about how in the good old days a band could have maybe 3 or 4 albums before they started to get it together, the label would support them as they grew and matured. The few mega bands, the likes of the Beatles, U2 etc all earned so much money for a label, they allowed them to prop up the other 90% of their roster that lost money. Record companies made money, bands thrived, everyone was happy.
    These days an artist gets maybe two singles or an album out the door and if they're not hits (and big hits at that) then they're dropped. Why? Seems the bands that make big money no longer do so. If the price of a CD (or vinyl) since 1980 kept up with inflation, wages etc they should be almost 4 times higher than they are now so the big bands are making the label one quarter of what they were. Thus, less money to support the up and coming ones. A&R is all but a memory for many of them.
    On top of that, we have all got used to polished sound so studio time and costs grew to ridiculous levels, again eating in to the bottom line. I read that Heaven 17 only just broke even on their 1982 album last year. Result is that many of the big studios are shutting down as they can't cover costs with production moving to purely PC based setups in many cases.
    Music downloads make it even worse as the amount of money everyone gets from a (legit) download is less than from a CD.
    It's a bad state but TBH, whilst it means big record labels, studios etc are all falling by the wayside, the alternative model of bands doing their own thing, selling via web sites etc is really taking off, as is live performance. I guess we're seeing a shift away from the 'music industry' back to the musicians. The EMI's of the world see the writing on the wall so are fighting for survival hence the heavy handed tactics. I can't see how they can avoid it now though, the Genie is out the bottle and the power has shifted. Good or bad? I can't say myself.

    --
    I want a list of atrocities done in your name - Recoil
    1. Re:I had a chat with a record company guy.. by Anonymous Coward · · Score: 1, Interesting

      I have bought one cd. There was 1 good song and the rest was crap. That was the last time I bought a cd. I think it is like going to s shop and buying 15 apples, from which only 1 is good enough to be eaten. No customer would approve that, so why does music industry think that customers would approve the current cd-crap?

      Ability to download music is good for the customers and good for the music industry. The only problem there is is the restrictions in the music files. Why would anyone buy a car which you can only use on Mondays and drive only 20mph with it, when you can get a fully working car for free. If they want that people will buy from them, they need to be better or atleast as good as the free alternatives are.

      Don't worry, I don't download illegal music.

    2. Re:I had a chat with a record company guy.. by Lumpy · · Score: 1

      First off, the Megaband and insane profits thing is a very small slice in time and have ALWAYS been an strange anomoly. Before the 50's you did not have the billionare bands roving the planet being a musician was a labor of love and desire. you made a living here and there.

      something happened in the 50's that exploded and weare only now seeing that it is receeding back to where it was.

      having these big bands that make craploads of money are not normal in any way, it is an accident they ever happened and now the planet is bored with it and going back to the way things were, it simple and most people can see this. Now with technology giving every garage band a complete studio in their basement and can record at $1000.00 an hour recording studio quality (yes they can, do not try and bullshit people here. good blue mics can be bought ofr dirt and sound abatement can be done very easy) there is no reason for a studio, now add the internet and myspace now you dont need a record company. you get out there faster than the new created sensation th erecord execs can dream up.

      Personally, I think this is the best thing to ever happen to music.

      --
      Do not look at laser with remaining good eye.
    3. Re:I had a chat with a record company guy.. by Pecisk · · Score: 1

      Some slashdoters already answered, but I will throw in some mine bits about it.

      First of all, for disclaimer, I want to say that I am myself deeply in music and recording and I can say surely that big costs IS bullshit. Problem, frankly, is quite different. Equipment prices is dropping all the time, and quality of cheep tech grows and grows. Already you can do almost everything connected with tweaking of sound in computer and even commercial level software doesn't cost insane prices. I can agree what IS rising is cost of expertise - there is lack of specialists, good recording stuff, engineers, who really DIG acoustic physics. And let's not talk about producers. Thas ir real problem, but it is still not much enough to say that everything costs big.

      Problem is more psyhological. You know John Nash, that smart American fella, who invented lot of game theories, and got Nobel prize? He said quite clearly - when there is too much bands who finds for only one place - be the most sold band in the world - then OF COURSE everyone will be fucked. And in the end no one will win.

      And another, very small thing - when I play my songs or sing or present them to the web, I don't actually think or care how much popularity I will get. I have created these songs out of pure curiousity and will to say something. Ironically, this is biggest sales point for music - when it stands for itself and don't try to be like a whore. Then people buys record.

      If the big music industry has to go for sake of music, let it be so. I think musicians will survive. And so their music and songs.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    4. Re:I had a chat with a record company guy.. by silentounce · · Score: 1

      "If the price of a CD (or vinyl) since 1980 kept up with inflation, wages etc they should be almost 4 times higher than they are now so the big bands are making the label one quarter of what they were."

      Holy shit! I didn't know albums cost US$23.63 in 1980! Let's assume the average price of an album today is $15, which actually favors your argument by being on the low side. Ok, let's multiply that by four. US$60 in 2005 is equivalent to US$23.93 in 1980 based on the CPI. So given that you say that CDs should cost four times more in order to have kept up with inflation, albums must have cost nearly 25 bucks back then. And FYI, if the price of something increases 4 times, the profit does not.
      Bleh.

      --
      There are many tongues to talk, and but few heads to think. -Victor Hugo
    5. Re:I had a chat with a record company guy.. by spamchang · · Score: 1

      "Result is that many of the big studios are shutting down as they can't cover costs with production moving to purely PC based setups in many cases."

      what are the cost drivers here? digital technology is getting to where studio equipment/time might be the only issue...the publicity networks and everything should be set up already, and scouting for new bands--shoot, i'll be a music critic if i can get a decent (read: not exorbitant) wage out of it. is it the CEOs who are accustomed to multimillion dollar salaries that are afraid of their posh lifestyles going away?

      "...studio time and costs grew to ridiculous levels..." labels need to stop screwing over artists. labels should own their own equipment and cooperate with, not coerce, artists. digital technology (for CD-quality sound) should have reduced a ton of time involved in producing a CD. i would almost say the same with post-hoc audio processing technologies.

      i would love to pick a record company guy's brain on these sorts of things. any record company want to hire (or take on a volunteer services of) an amateur consultant? :P

    6. Re:I had a chat with a record company guy.. by CopaceticOpus · · Score: 1

      You are completely right. The guy does have a point - if everyone would just buy a bunch of CD's for $60 or $70 each, the music industry would have money to support lots more bands or do anything else they wanted. And if I could just sell one glass of my 10 million dollar lemonade, I could retire.

      It simply doesn't cost very much to record music and print CDs any longer. Sure, you can spend millions in the recording studio, but you can also produce good quality, professional recordings at more rational prices.

      I'd love to see an upstart company start selling CDs for $5 each. If they signed some promising bands and got Walmart to distribute, they could easily sell a few million copies per release. If the band gets $1 per CD and the company profits $1, everyone should be happy.

    7. Re:I had a chat with a record company guy.. by Anonymous Coward · · Score: 0

      The few mega bands, the likes of the Beatles, U2 etc all earned so much money for a label

      These days an artist gets maybe two singles or an album out the door and if they're not hits (and big hits at that) then they're dropped. Why?

      This is by design. The mega bands are a thing of the past. The records labels won't allow it. This is because once a band reaches "mega" status, they have enormous leverage over their label. They can negotiate better contracts for themselves or switch to another label willing to accept the band's terms.

      The labels don't like this. With newer artists, the labels have all the leverage and can get desperate musicians to sign rip-off contracts. Even if a new artist "hits it big", they're at the mercy of the label and may not get any rotation on the next release, and eventually fade into obscurity. Revenue from music sales will always be there, mega bands or not. Without the mega-bands and the fair contracts they hold, the labels can keep a higher percentage of the revenue.

      This helps expalin the churn of dozens of "college bands" and rap acts over the last decade, each with a similar sound, one flash-in-the-pan after the next. I admit that exceptions exist, but the trend and its reasons seem obvious to me.

    8. Re:I had a chat with a record company guy.. by glesga_kiss · · Score: 1
      I have bought one cd. There was 1 good song and the rest was crap. That was the last time I bought a cd. I think it is like going to s shop and buying 15 apples, from which only 1 is good enough to be eaten. No customer would approve that, so why does music industry think that customers would approve the current cd-crap?

      But there ARE shops that sell shit fruit. A savy consumer avoids them. Buying a bad album is entirely your fault. I can think of at least 20 classic albums with no effort where the every track is great. I can think of many more where this is not the case. Which ones get my money I wonder...?

  70. Take one for the team by Peet42 · · Score: 1

    As people point out, it's a shame that he had to end up with jail time, and it does seem disproportionate to the amount of harm he personally caused. But look on the bright side - it sets a precedent that might speed the passage of SPAMmers to "pound-me-in-the-ass" prison!

  71. I think we can all agree by Anonymous Coward · · Score: 0

    Sending someone to prison for this is just plain wrong. Then again murderers seem to get only 7 years or whatever, so it's not like the justice system is at all logical.

  72. If "Fair" were part of the "Justice" system by Anonymous Coward · · Score: 0

    then MS would owe trillions to all the people and businesses that have bought a Windows OS and had to work to fix the trojans and viruses.

    MS could then go back to the originators of that attack and get money off them.

    But the core reason for MS having to pay is that they made the decision to allow ActiveX/Office Macros/IE embedding *everywhere*/etc. And they are fully and personally responsible for that irresponsible (from a technical POV) decision.

    If "Fair" were part of the justice system.

  73. The content? by Anonymous Coward · · Score: 1, Interesting

    What was the content that was illegally distributed? Names of movies/songs please.

  74. You should avoid Finland by MikkoApo · · Score: 1
    Here in Finland we just had a judgement in the case about a 10000 user torrent site called Finreactor. 22 defendants have to pay 420 000 in damages and 142 000 in court fees.

    Considering normal Finnish judgements, the payments are unusually high, even when compared to crimes like rape or murder. The defendants will probably appeal to a higher court so the case isn't over yet.

    To make matters even worse, there's a new copyright law in effect. This case was judged by the older, more lenient copyright law. The new law is even more strict than the EU guideline it's based on and other countries have implemented much nicer versions. The Finnish version goes ridiculous lengths to assure that pirates are punished. There's even a clause which allows the copyright owner to demand that the guilty party publishes an announcement about the judgement.

    There was a huge (in Finnish standards anyway) public outcry about the law and its loop holes but to no avail. The record industry lobbyists were so successful in getting the trust of the law makers that one of them actually wrote in her public blog about how "it was nice that the men from Teosto were thanking me so much about the law after the nasty public outcry". She was at a party organised by the record industry no less.

  75. 420 000 euros in damages and 142 000 in court fees by MikkoApo · · Score: 1
    Slashdot stripped the euro character away.

  76. just listing DHT URI addresses by Danathar · · Score: 2, Insightful

    Would web site operators be any less liable if they JUST listed the DHT hash URI addresses on their site instead of the tracker file?

  77. Exactly Zero Respect, Here by PopeRatzo · · Score: 1

    Well, I can't speak for the others, but I have zero respect for the Intellectual Property laws. And I'm not exactly sure I believe in Intellectual Property at all as defined here, even though I make a living from my own "intellectual property".

    There were artists and innovators long before copyright laws, and they made a living, too.

    As far as I'm concerned, the entertainment-industrial complex can fall apart tomorrow, taking Dancing With the Stars and Jessica Simpson with it. Artists, writers, musicians, inventors will still create and benefit from their creation.

    --
    You are welcome on my lawn.
  78. You forgot #5 by CrazedWalrus · · Score: 3, Insightful

    5. Learn how to be a better criminal

    He went in a non-violent criminal. Let's see how he comes out.

    Seriously, we really need to re-evaluate as a society what we actually put people in jail for. I understand that #1 and #2 are applicable in this case. It's just that #5 above is an unfortunate part of the reality of prison. When you put lots of bad people together, they learn from each other.

    As someone else mentioned, he's also been put in physical danger by being in proximity to violent criminals and possibly the guards themselves. For a first offense, it seems that 1 year of house arrest and only approved computer usage would have cured this guy. Just make his life a pain in the ass for a while. If he does it again, then yeah, send him to prison for a few months.

    The idea is to only punish as much is necessary. Anything more is gratuitous. Sort of like Occam's Razor for the judiciary.

    This is undoubtedly something he did because he thought he was like Google -- providing a search and point kind of service without actually downloading or uploading the illegal material himself. Now that he's been disabused of that notion, I'd say that there's a good chance he'd never do it again -- especially if he knows that the next step is FPMITA prison. It's tough to be the first guy EVER prosecuted for something when you see others making billions per year doing essentially the same thing.

  79. Give me a Break! by Kamiza+Ikioi · · Score: 1

    He only got 5 months!

    Actually, I'm with this guy, and I'm not going to post anonymously like 90% here who fear for their karma.

    What, now white collar criminals are supposed to get it easier? What about Enron execs? They didn't physically hurt anyone. They just caused billions in damage. Jeff Skilling got 24 years, all for what comes down to lieing.

    These guys were in the fraud business as well. Oh wait, he's a geek, so we MUST be outraged. Whatever... So everyone is anti-RIAA and anti-MPAA, but nobody here can honestly defend the legality of their actions. If a DVD retails for $15 (whether you agree with the price or not) and they assisted in transferring millions of copies, then I think he got off light with 5 months.

    And don't give me that crap about getting raped and getting hocked on drugs. Give me a break. This guy got a slap on the wrist by anyone's account. 5 months is barely enough time for him to get through processing. He'll wind up in some low security work release area, or minimum security with face-to-face visits from mommy and daddy.

    Anyone here who thinks 5 months and a $3000 fine is so severe... you've lived a sheltered life. People get longer times in local jails for writing bad checks, or prostitution, or too many PIs (public intoxication). This guy is getting a 5 month vacation to sit around, watch cable TV, get coffee and donuts served to him every morning, play some basketball every afternoon, and back to watching more TV. He'll be in just long enough to read a decent sized Stephen King novel.

    Punishment not fitting the crime? Please, he broke federal law and got a slap on the wrist even by local yokal standards. And when he gets out, he'll be spending 5 months at home playing XBox. Yeah... he's got it REAL hard. He'll probably have a cushy IT job when he gets out, unlike those "bad" guys, who have nothing to look forward to but minimum wage factory work for the rest of their lives living in 2 bit apartments.

    But no, let's treat him like he's Nelson Mandela standing up to "The Man". Do the crime, do the time. I have no sympathy for someone who knows they're breaking the law. Kill my karma if you want to, but I'm not karma-whoring for this chump.

    --
    I8-D
    1. Re:Give me a Break! by Muad'Dib129 · · Score: 0

      I agree. He got off easy. He knew what he was doing was illegal/wrong, but he did it anyway. Fuck everyone that thinks he's being screwed. You're probably the same group of people that think minimum wage is too low (you're not supposed to live off of minimum wage, fucktards). I'd love to see the tune you people would march to if that was the movie you wrote a script for and your compensation is directly related to sales, which fall, when people download movies. I'm not saying I'm innocent, but I don't bitch and cry, either. Oh...and I usually vote Democrat or Independent.

  80. The account of a former prisoner by BeeBeard · · Score: 4, Interesting

    This is according to a friend of mine who was sent to prison for 18 months for his actions during what was supposed to be a peaceful protest, and was also sent to county for a similar offense but the sentence was shorter:

    Prisoners are not nearly as rape-happy as they're made out to be in popular culture. There are fights, drug deals, and a lot of angst and widespread hopelessness. But the few outright rapists in the general population are stigmatized and not well-respected. Keeping to yourself and minding your own business go a long way in lockup.

    In comparing federal to county: You are better supervised in federal prison, which means there are actually far fewer assaults, sexual or otherwise. Federal prisons have more controls in place for dealing with problems.

    And that's about all he was willing to share on the subject. Thankfully, I have managed to stay out of prison myself, so what I am imparting to you is second-hand information. :)

  81. Steve Albini's essay on the music business by jrq · · Score: 1

    It always seems like a good time to link to this essay, when everyone starts talking about the money model for recording artists.
    From the essay:
    The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month. The next album will be about the same, except that the record company will insist they spend more time and money on it. Since the previous one never "recouped," the band will have no leverage, and will oblige. The next tour will be about the same, except the merchandising advance will have already been paid, and the band, strangely enough, won't have earned any royalties from their T-shirts yet. Maybe the T-shirt guys have figured out how to count money like record company guys. Some of your friends are probably already this fucked
    http://www.negativland.com/albini.html/

    --
    My UID is prime!
  82. What else? by Wooky_linuxer · · Score: 1

    In other countries people photocopy books and leave them in the library? How insightful.

    --
    Where is that guy who'd die defending what I had to say when I need him?
  83. fire by deviceb · · Score: 1

    lets just burn this mother down.

    --
    Kill your TV
  84. Re: Smart People and Jury Duty by TaoPhoenix · · Score: 1

    No, the smart people show up, so that they quit getting letters from the Jury Commissioner. Then when we prove we have an IQ with at least 3 digits, we get dismissed by the prosecuting counsel because we're not pansies. Having duly appeared, we are then are exempt from nuisance for x years. Then we go back to our jobs with double-digit - per/hour wages.

    So much for "Jury of your Peers".

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  85. What color is the sky in your world? by Anonymous Coward · · Score: 0

    You think the government has a nicy shiny prison for just this type of convict?
    Nope. He's going somewhere that has room. Someplace that has a bed. The government will want to try first light-to-medium security because it costs less per inmate, but if there isn't any room, he's going where ever they have room. Period. If he's next to rapists and murderers, so be it.

    Do you really put THAT much faith in the government? They can't stop illegal immigration. And when someone tries, the bleeding heart liberals start crying to the NY Times and Washington Post. The government can't provide transportation infrastructure. They can create all the laws in the world, but they can barely enfore 10% of them. And you think they have a prison set up for this guy to sit and "think about it" for 5 months? HA!

    This guy is going to prison, and he's probably going to be someone's girlfriend.

  86. Enough With The Complaining About Copyright. by NDPTAL85 · · Score: 1

    Look, no law is written in stone. Our democratically elected senators and represenatives have decided many times to change the copyright laws to give longer duration and more power to the copyright holder and I have yet to hear of ONE politician who has lost re-election over this copyright issue. You know what that means?

    It means We The People are A-OK with how things have progressed as far as copyright is concerned. So this "geek" outrage over the way copyright has turned out represents a tiny teeny percentage of the overal US population. And in a democracy such small groups of people almost never get their way.

    Deal with it.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  87. marketing people by sleepsleep · · Score: 1

    why nobody sue the marketing people who keep promoting their products to everybody through TV, radio, etc mediums? coz they are the people who build other people interest/desire to watch, buy & using something. so movie company is legal to promote their movies to everybody around the world when they fail to offer that products according to local price? and maybe fail to offer that product in that area. who want to get something illegally if they knew they could get it legally? 5 months prisons is obviously CRAZY

  88. Providing the software manners little by tepples · · Score: 1
    There's a big difference between napster and a torrent tracker. Napster actually provided the software to download music as well as the index servers. Bittorrent trackers are only the index servers.

    What makes you think this is such a big difference? Operating a network and encouraging users to infringe copyright through the network is still contributory and/or vicarious infringement, whether the site provides the software itself or merely mentions the software by name or URL. The private BitTorrent trackers have it even worse because unlike the old Napster, which had plenty of garage bands, many private trackers accept only releases from the warez scene.

  89. The market is a brutal thing... by zerofoo · · Score: 1

    Ask any person on wall street and he/she will tell you that markets are brutally honest. They strive for efficiency. Capital flows away from bad ideas and into good ideas.

    The markets have dictated the "price" of music for some time. There are an overwhelming number of bands that produce immense amounts of content (good or bad is subjective). Supply is quite high. Unfortunately, thanks to cell phones, game systems, ring-tones, broadband, digital cable, high-def programming, on-demand movies, netflix, portable game systems, laptops, PDAs, and satellite radio. There is much more competition for entertainment dollars than ever before. This will naturally reduce the demand for music and other forms of entertainment. The movie industry is also feeling the pinch.

    The music industry, without any reliable metrics, blamed this loss in revenue on illegal P2P downloading. While I'm sure this does contribute to some of the problem, that theory does not account for all the other ways that people spend their entertainment dollars.

    Even if the recording industry is successful in eliminating all forms of illegal file sharing, I don't think they will every see the revenues they saw in the past. The CD era was the golden age for recorded music. Lots of demand, coupled with low competition for entertainment dollars. Those days are gone - never to return.

    -ted

    1. Re:The market is a brutal thing... by Overzeetop · · Score: 1

      Well, I'd say the golden era occured before the first consumer CD player hit the market. Also, MTV made for an enormous cash hole into which the studios have thrown money. Now, appearance is more important that the music, and for every $20,000 track that gets produced, an $80,000 video has to be made. (Those numbers are entirely made up, but I wouldn't be suprised if the ratio is too far off, counting primarily production costs). That video will never make a dime - there's really no market for it, except as advertisement for the song. If your costs go up and your revenue stays the same, you're not going to make money. Luckily, it costs a great deal less to press a CD today than it did in 1985, but we'll never see that savings.

      I agree that the golden age of music is gone, and that the filesharing doesn't affect the bottom line nearly as much as they would lead everyone to believe. It does matter, but - as you pointed out - there's a fixed budget for entertainment, and there are more players in the market. Stopping all the filesharing in the world won't fix that problem for them.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  90. last I checked by dbmasters · · Score: 1

    5 months isn't a "prison" sentence, it's a little county jail sentence where he may get out to go to work...

    --
    dB Masters
  91. What is the root of this case? by mapkinase · · Score: 1

    As many readers pointed out, the root of this case is the assessment of certain service of certain type as criminal or not.

    There are several factors that should contribute to this assessment:

    1. What is the legal and illegal percentage of usage of this technology and of this service? Note, that copyright infringement is illegal and criminal according to US law.

    2. What was the intention of creating this technology and this service? Is the criminal intention proved in this case beyond reasonable doubt?

    My answers:

    1. Inasmuch as I understand that bittorrent could be used to transfer any large volumes of data, including correspondingly licensed audio and video information, as far as I understand, vast majority of the usage of this technology is to illegally pass copyrighted movies.

    2. Most likely, the creators of this service had criminal intention, which I cannot prove. So legally, they did not have criminal intention.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  92. Corporations aren't people, but they support them by Anonymous+Brave+Guy · · Score: 1

    Enormous, faceless corporations which are having no trouble turning a profit did.

    Sure, and that profit is what builds up your pension fund and pays the salary of the kid across the street, just like any other big corporation. Where do you think the money they make goes, into some black hole that has no benefit to society? Contrary to popular Slashdot opinion, not all corporatations are crooked organisations that divert 98% of their profits to the board, and not all investors are multibillionaires.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  93. Not really by Anonymous Coward · · Score: 0

    This actually made me angry because in my case I only download movies so I can watch old horror films that can't be rented anymore.

    So in my case I'll raise my share ratio and if everybody does the same it will be everything but a "deterrent".

  94. WTF is right by nurb432 · · Score: 1

    Why did he plead guilty in the first place.

    He did nothing wrong by running a tracker server, and sets a bad precedent. So what if the users committed copyright violations? Lets be consistent here, and arrest everyone that has produced any software that can be used for anything wrong. ( that includes IP stack, the interface, graphic viewers, everything )

    What is next 'thought crime'? "yes i thought about doing something bad,so that's the same as doing it, right?"

    And its so good that we have solved *real* crimes and we are now safe and have time to go after this pansy ass garbage. Last i heard we still had entire countries wanting us dead.. Where the hell is the sense of priority gone

    --
    ---- Booth was a patriot ----
  95. Every case *should* be the same... by Anonymous Coward · · Score: 0

    There is no exact line... that's why cases go to court. Every case is different.

    That's a fundamental problem. If you don't know exactly what the law is, how do you know that what you're doing is legal at all?

    The whole point of statue law down is to stop judges from subjectively convicting someone after the fact. We write laws down so that everyone can know what's legal, what's not legal, and where the exact lines are, and live their lives in such a way as to stay on the right side of the law at all times.

    You can't do that if the exact line is "somewhere over there".

  96. Look but don't touch, taste but don't swallow. by CubicleView · · Score: 1

    I'm sick to death of all this bs. If I leave my bike outside at night tied up with a piece of rope and someone steals it, sure, sure they committed the crime, they stole my bike. It doesn't change the fact that I'm the idiot who trusted my bike to strangers and a piece of rope. In fact if I left someone else's music, I mean bike, protected as such I'm the one that would be held responsible. In this case admittedly its probably impossible to fully protect the music without crippling it but its unreasonable for them to think that anyone, least of all young teenagers won't take something that they see as being free. I don't know what the solution is I just know that want they're doing now is not the answer. It just demonizes the music industry.

  97. The crowbar conundrum by Anonymous Coward · · Score: 0

    Why aren't the people providing crowbars to other people going to jail? I mean these crowbars are being used to steal people's physical property. How is this any different than a BT tracker?

  98. this clearly demonstrates the system is corrupt by Anonymous Coward · · Score: 0

    there is very little justice here

    but a whole lot of unearned money

    you can see greed turn art into evil

  99. A relevant quote . . . by mmell · · Score: 1, Flamebait
    When the Nazis came for the communists, I remained silent;

    after all I was not a communist.

    When they locked up the social democrats, I remained silent;

    after all I was not a social democrat.

    When they came for the trade unionists, I did not speak out;

    after all I was not a trade unionist.

    When they came for me, there was no one left to speak out.

    Martin Niemöller

    1. Re:A relevant quote . . . by Afrosheen · · Score: 3, Funny

      When the trolls posted a worn out quote, I remained silent,
      after all I don't feed the trolls.
      When the moderators modded my post -1 flamebait I did not post a reply to my own thread,
      after all it would get modded down also.
      When a guy got thrown in jail for running a website I did not speak out,
      after all he knew it was illegal and he doesn't live in Sweden or Russia.
      When I posted an unfunny In Soviet Russia joke, nobody gave me a +1 funny.

        Afrosheen

  100. is that why by darth_linux · · Score: 0

    fedora 6's torrent was so slow?

    --
    Power to the Penguin!
  101. And they all moved away from me on the bench there by mmell · · Score: 1

    until I said "and creatin' a nuisance", and they all came back, shook my hand . . .

  102. Don't quit your day job, dude. by mmell · · Score: 0, Flamebait
    Biting satire just isn't your strong suit, apparently.

    Just sayin'.

    1. Re:Don't quit your day job, dude. by Afrosheen · · Score: 1

      Nobody cares, high numbered user. Just sayin'. ;p

  103. Tisk Tisk by spencer99 · · Score: 1

    This is why you don't to this sort of hosting in nations that have stringent internet crime laws. Go to New Zealand ( I think ) or one of those newly formed Euro countries who don't seem to care that much. This is how the good torrent sites that I use (no I will not list them) stay afloat, thank God for that!!! VIVA LA TORRENTS!!

  104. WTF? by Anonymous Coward · · Score: 0

    I don't think copyright infringement should be a criminal offense, but it is, and so long as it is, the punishment seems to make sense to me.

    It's illogical to express the idea that copyright infringement should not be a criminal offense, yet you support prison sentences for an action which you believe ought not be criminal.

    Reboot.

  105. re: don't copy other people's works w/o permission by King_TJ · · Score: 1

    The issue many people have with what you claim is "straightforward" is; Who really should be able to give that permission?

    Right now, the RIAA and MPAA say you need *their* permission, yet they haven't created a single second of the content itself. The artists did. And in many cases, the artists would be perfectly happy with you redistributing their content, despite the complaints of the RIAA or MPAA.

    Of course, strictly legally speaking, the RIAA and MPAA are right. If you pushed them, they surely could provide a piece of paper that the artist signed, giving them control of the work. But this battle goes beyond what's strictly legal, according to the "letter of the law".

    What many folks out there are saying (and putting into action) is that realistically, the idea of making no copies for others without permission is nonsense. It's an artificially constructed legal scenario that you need this permission, because as long as industries like the RIAA or MPAA can threaten people with it, they stand to squeeze extra profit from consumers who feel "compelled" to buy something they would have otherwise just made a copy of.

    (There's also the whole debate on whether artists fully realized what they were getting into when they signed these contracts in the first place ... but that's a secondary issue. Nonetheless, it also influences people who feel like there's no moral/ethical "need" to obey a corporation that lied to the artists to get them to agree to the terms and conditions they enforce.)

  106. My wife by Slashdot+Parent · · Score: 1
    My wife, who was the valedictorian of her upper-class, suburban, college-prep high school class, was selected for a jury in a rape case. I'm pretty sure her IQ is in the triple digits, but she served on the jury nonetheless.

    At several points during her juror examination she was asked if she was an attorney or had attended law school--she is not and did not. I guess the prosecutor and defense attorney figured she has her head screwed on straight and would be fair. To their credit, she wound up doing the negotiating that prevented a hung jury, saved everybody a lot of time retrying the case.

    So, yes, senior-level professionals do serve on juries, and yes, this is a good thing.

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  107. Open Prisons by Prototerm · · Score: 2, Funny

    When an Open prison releases an inmate, do they have to do so under the GPL?

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
    1. Re:Open Prisons by sowth · · Score: 1

      No that is a Free prison.

      Open ones can release them under any license, BSD to GPL or whatever, just as long as you are allowed to copy the source code.

  108. Re:And they all moved away from me on the bench th by Pharmboy · · Score: 1
    --
    Tequila: It's not just for breakfast anymore!
  109. Drug users are angels? by Kombat · · Score: 0, Offtopic


    Maybe the solutions isn't more jails, but rather decriminalizing things that aren't crimes, like addiction.

    The harmful behaviour of drug addicts isn't the using of the drugs themselves. If junkies bought drugs with their own money, then quietly shot up in the corner and never bothered anyone, it wouldn't be an issue. The problem is that these junkies, being incapable of holding a job, yet still needing money to feed their addiction, turn to other harmful behaviours, and those do affect other people. Mugging, robbery, burglary, prostitution all go hand-in-hand with drug use. Also, their behaviours while high are harmful. Many drugs make the user more aggressive and violent. They impede your judgement and ability to drive, making them dangerous weapons on the roads.

    People who blindly advocate decriminalizing all drugs are naive, and would be well-served to spend a day with an addict to educate themselves on the reality of what it's like to live that life. The drug use itself isn't the problem, but it's a symptom. The people who are in prison for "using drugs" are not innocent drug users. That's simply all they got caught for. But make no mistake: they are liars, cheaters, thieves, burglars and in many cases, much worse. They merely got away with those other crimes. If you swept through a neighborhood and locked up all the drug users, you'd see virtually all other property crime disappear.

    --
    Like woodworking? Build your own picture frames.
    1. Re:Drug users are angels? by Stiletto · · Score: 3, Insightful

      The drug use itself isn't the problem, but it's a symptom.

      Then why is posession of the drug illegal? You said it yourself. If junkies bought drugs with their own money, then quietly shot up in the corner and never bothered anyone, it wouldn't be an issue. So why is this a crime, again?

      The people who are in prison for "using drugs" are not innocent drug users. That's simply all they got caught for. But make no mistake: they are liars, cheaters, thieves, burglars and in many cases, much worse.

      Lying and cheating are already crimes (fraud). Thievery and burglary are also already crimes. If this is all that those evil drug users do, then why do we need to make possession a crime? Surely they could be put away for robbing people.

      If you swept through a neighborhood and locked up all the drug users, you'd see virtually all other property crime disappear.

      You'd see virtually all the people disappear too. Mass imprisonment is not the solution to any problem.

    2. Re:Drug users are angels? by Gregour · · Score: 1
      Mugging, robbery, burglary, prostitution all go hand-in-hand with drug use.
      People resort to these things because drugs are so exorbitantly expensive. If drugs were legalized, then you could have a reliable, mainstream source, and the prices would drop drastically. You don't hear about alcoholics and smokers mugging people to get the money to get a fix, do you?
    3. Re:Drug users are angels? by yourlord · · Score: 2, Insightful

      Let me correct your view on this. Simply put, doing any drug should not be illegal. Possession of those drugs should not be illegal. Committing an actual crime is what we should be locking people up for. I've done almost every drug you can think of that doesn't require a needle (I'm a wuss). I was never a thief, I was never a liar. I went to school, college, and work and in my off hours would hang out with friends, get high, and play video games or whatever. We never destroyed anyone's property. We never went out and mugged people. We got up and did our part being a cog in society's gears and otherwise were calm and peaceful people. At no point in time have I EVER done anything that would warrant my freedom being taken away; being thrown into a cell with who knows what kind of sicko, and having any chance of a prosperous future destroyed.

      People who drive cars are more likely to drive down a sidewalk and mow down innocent people. Why don't we lock up people for owning a car. I mean, if they own a car they *might* run down our kids.

      Sure, they might just stay on the road and follow all the traffic laws, but there is hard evidence that people who run over pedestrians tend to also be drivers. So let's lock up all the drivers whether they've done anything wrong or not.

      The enemies of freedom are all around us.

    4. Re:Drug users are angels? by Damvan · · Score: 1

      Problem is that the almost half of total drug arrests are for marijuana, most being for possesion alone.

      "In 2000, police made 1,579,566 total arrests for drug abuse violations. 81%--or 1,279,448--of these total drug arrests were for possession. 46.5%--or 734,497 of all drug arrests--were for marijuana offenses. And of the total marijuana arrests, 646,042 (88%) were for possession alone.
      Sources: Federal Bureau of Investigation, Uniform Crime Reports for the United States 2000 (Washington DC: US Government Printing Office, 2001), pp. 215-216, Tables 29 and 4.1."

      In addition, most of those incarcerated are for non-violent offences, ie possession and other nonviolent drug offences.

      "Nonviolent offenders accounted for eighty-four percent (84%) of the increase in state and federal prison admissions since 1980.
      Source:Ambrosio, T. & Schiraldi, V., Executive Summary-February 1997 (Washington DC: The Justice Policy Institute, 1997)."

      I don't advocate the decriminalization of all drugs, but simply the decriminalization of marijuana. That alone would go a long way to solving the prison overcrowding, and costs associated with too many prisoners. One would be hard pressed to associate your complaints about junkies, addicts and the crimes they commit to obtain their drugs with marijuana users, particularly those who only use marijuana.

    5. Re:Drug users are angels? by Pharmboy · · Score: 2, Insightful

      So putting them in jail will make them not addicts and perfectly law abidding citizens?

      Do they steal for fun, or only because drugs are expensive?

      Addiction is a health problem that leads to crime. As someone who has worked in the criminal justice system and daily with addicts (not as an advocate) I can tell you that jail doesn't solve anything. The real crime issues are not with the addicts who commit petty crimes to get money. The real crimes are by the people who SELL the drugs. Take away the profit, you take away the reason to push people onto crimes, and you take away the need to commit crimes to get drugs.

      So yes, I am for a type of legalization, but not for why you think. The only way to reduce drug DEALERS is to make it unprofitable. The only way to reduce petty crime from addicts is to allow them to get drugs free WHILE THEY SEEK TREATMENT. It isn't a perfect world, but the war on drugs damn sure isn't working.

      Personally, I find all the crime that is caused because drugs are ILLEGAL much more offensive than the addict themselves. I have known well over 100 addicts, and a good chunk of them had very good paying jobs and loving families before the drugs fucked them up. I would rather PAY for their treatment, than to deal with the crimes they will commit.

      --
      Tequila: It's not just for breakfast anymore!
  110. Learn where torrent servers are with this mashup by Lord+Satri · · Score: 1

    Very interesting... http://etorrents.info/map even if (I guess) many torrent servers are missing...

  111. Homeland Security? by Anonymous Coward · · Score: 0

    The screenshot from the site has the Homeland Security logo on it.

    So now software piracy is a matter of Homeland Security? Ehm..lol?

  112. Link correction by Anonymous Coward · · Score: 0
  113. conspiracy? by aeoo · · Score: 1

    Any time there is mention of the word "conspiracy" there is a huge number of people making fun of "tin foiled conspiracy nuts". Sometimes I wish those people worked as judges and/or lawyers.

    Running a BitTorrent is a conspiracy now? But all the people who refuse to answer questions about 9/11 are not a conspiracy? Great. So, copyright violation is definitely a no-no, but when people have some questions regarding something that's never happened before, such as a steel skyscraper collapsing from fire, they are tin foil hat wearing nuts. Great.

  114. You miss one important point by rockhome · · Score: 2, Funny

    Look, IP is a very legitmate thing. One ought to be able to control how his ideas are used unless he expressly gives up that right. Without this idea, corporations could crawl though places like MySpace and Friendster or everything on blogspot.com and look for images to use in their marketing.

    And don't for an instance believe that this can't/or won't happen. It will and it is. Imagine how little content will be on free sites because there is no copyright protection. It is no more proper for a marketing agency to use my photographs in their ad campaign without my permission than it is for me to do the same with their material.

    There used to be a civilized attitude in society that you just didn't rip people off. Now we need to send people to jail in order to barely make a point that these things aren't OK.

    It is amazing what little respect that the GEEK community has for the property of others. Heck, if it were possible to produce CPU's and motherboards at home, most /. folks would probably steal the designs of Intel rather than make their own.

    The current attitude of "if it can be copied, it is free" reminds me of being a college student and having almost anything that wasn't nailed down someplace wind up in my sticky fingers. Better yet, it reminds of Homer's assertion that anything with a toothpick in it is free.

    I imagine that the /. crowd is so against IP law because they don't actually create anything worthwhile themselves and have no appreciation for it. it is equally disturbing that the /. crowd has to cheer on criminals like this guy or Kevin Mitnick even when most of the community probably work in a lucrative field and come from relatively proveleged backgrounds. It is sad really. Stop selectively applying your morals and go out and pay for something other than your WoW subscription and Bawls and be sensible about the way the real world works.

  115. Intellectual Property by paladinwannabe2 · · Score: 1

    Our whole society and economy is based around Intellectual Property. Take a U.S. $20 bill, for instance. What makes a $20 bill any different from any other piece of paper? The information that's printed on it. Information, I might add, that only the government is allowed to copy.

    Honestly, all property is rooted in the concept that "I can use this and you can't". The Native Americans (if rumors are true) never saw land as something that could be owned. Is saying "you can't walk on this land because it's mine" that much different than saying "You can't copy this book because it's mine"?

    The purpose of Laws is to create a functioning society. We have found that 'property' is a useful concept in the realm of the physical, and many people have found 'property' to be helpful even in the intellectual realm. Just because something doesn't have a direct physical effect doesn't mean that it shouldn't be illegal. Fraud, Forgery, Libel, and Slander are all examples of 'Intellectual' crimes, all of which harm people. For instance, if I told police that you had bodies in your basement, you would probably be searched, causing you inconvenience and property damage. I didn't do anything physical to you at all, but I would imagine that you would want to prosecute me anyway.

    Copyright laws seem to increase the creation of widely-spread intellectual property. Thus, one could argue that they benefit society, just like 'real' property laws benefit society. Certainly having your arms cut off hurts more than being slandered, which is why someone cutting my arms off would get 40-life in prison, while someone slandering me would get a fine.

    --
    You are reading a copy of my copyrighted post.
  116. Public Domain vs GPL by Pfhorrest · · Score: 1

    You seem to not understand why the GPL exists. If copyright didn't exist, I really don't think that the GPL would be needed at all.

    Not so. There's a mechanism right now to distribute your works as though copyright didn't exist: release them as public domain. Sure, someone could take the copy you gave them and change it and redistribute it (even without source! gasp!) without giving you those changes for free, they could even demand money for the act of distributing anything. But you could do all those things in a copyright-free world too. About the only difference copyright law makes there is if they change a copy of something you made, you legally obtain a copy of their changed thing, and then distribute copies of their changed thing, they could sue you. That is a bad thing (in my opinion), but it doesn't keep you or anyone else from distributing copies of your original thing, and thus doesn't make it any less free.

    The GPL relies on copyright as much as any other license does. To draw a political-economic analogy (and probably flames as well): A copyright-free world is like economic anarchy (aka anomie if you're a capital-A anarchist). No one can keep you from doing anything with anything, but no one can compel you to do anything with it either. Commercial licences and the GPL are like communist and corporatist states, respectively: both use the force of government to tell you what you cannot or must do with resources, for the benefit of The People or The Corporations, respectively.

    The problem with copyright (GPL or commercial style) is that information is infinitely reproducible and thus there is no scarcity, and thus no need for regulations on it's fair distribution (for whatever value of "fair"). If there ever became scarcity because no one made anything, and there was still demand, those who needed it would be willing to pay for it's creation (ala bounties), after which there would again be an infinite fountain of copies of that information, no scarcity of it, and no need to regulate it's distribution.

    If you disapprove of copyright, release your works public domain. If you can't afford to do so for free, and no one is willing to pay you for the initial creation, then you shouldn't be in the business of information production. If we had a just distribution of wealth, with our modern levels of prosperity people ought to have plenty of free time and money to produce art and science for art and science's sake. In addition, good artists and scientists would be hired as consultants to solve a specific problem or create a specific work, and paid for their labor in doing so, not for some illegitimate right to a monopoly on the distribution of the ephemeral products of that labor.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  117. So Stupid by MrSteveSD · · Score: 1

    It's all so stupid. They could massively reduce the piracy and make a lot of money at the same time by adopting the Blockbuster postal DVD model. i.e. A system where you pay a flat rate of $20 or so a month and you can download and watch whatever you want. It would be far better than Blockbuster since with DVD's there are a limited supply and you often have to wait months to get what you want. No such problem exists with online media. There would really be no point in pirating anything since you could watch what you want when you want for a really cheap price. I don't care if they DRM it since it's rental and I wouldn't expect to actually own anything.

    The Studios could cut the Broadcasters and advertisers out of the loop by offering their content to us directly. Obviously they would need to band together and create a blockbusterish front company to collect all the different content together conveniently.

  118. The cost of lawyers by j_w_d · · Score: 1

    IRONY- Since the industry really has to expend its own funds for much of the investigation and retain lawyers simply to deal with pirates, the actual loss to the industry needs to factor into the assessment of damages just how much the lawyers cost. Obviously many trivial economic crimes are really far more costly to the victims than more clear cut crimes such as murder. - END IRONY Intellectual property would assume its real value if piracy was valued based upon the actual economic harm it caused, which is generally trivial or non-existent. Lawyers would fin themselves working pro bono or even looking for second jobs to may their mortgages and car payments. When you consider it, publically available "private intellectual property" is an oxymoronic concept. No sooner does one utter an idea publically (regardless of the nature of the idea) than it becomes publically held. -Think about it first- We try continuously to make workable, but the clear motivation of the "owners" of such property is to pick your pocket. The process only works as long as the "owner" values their "property" reasonably in the public's mind.

    --
    ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  119. Re:The taliban are angels? by sowth · · Score: 1

    People who blindly want to criminalize "drugs" (really medical technology) should be poisoned by "religious extremists" until they come down with a medical condition (like I was), then they should be denied access to medical care (even if you can afford to pay cash, like I was), until the condition becomes so bad they now have a serious uncurable conditions (such as kindey failure and strokes, like I have), then they can join in the "fun" of dealing with the controlled medical system.

    Why should I have to go to the trouble of arranging for prescrptions and such? There is no reasonable reason whatsoever to require prescriptions for a lot of medications and medical technology. Why for blood pressure medications, dialysis solution (steralized sugarfied salt water), eyeglasses, epogen, acid reducers (ranitidyne--now OTC--and prevacid), and so on. None of those are even addictive. The only one of those which could be abused is epo, but if some athlete dies because he wants to cheat, who cares? Fuck him.

    One time I had to go for almost a week without blood pressure medication (which you are not supposed to stop at all) because the doctor was too busy, then there was a 3 day weekend on top of it.

    Also I have difficulty getting to the pharmacy, and their mail system sucks. With the prescription system even trying out different mail order pharmacy would take a month or two to switch, and if they suck too, it's another month somewhere else. I could possibly be without essential medication (my blood pressure goes dangerously high) for a couple months looking for a mail order pharmacy that works, and I could not just magically find transport and go down to the origional pharmacy because they wouldn't have my prescription anymore.

    I don't fucking care if some stupid junkies get shot up, overdose, or go fuck themselves. As for crimes they do, plenty of other people commit crimes for other reasons. So, what are you saying? Should we take away money, so those who don't work get the same things as those who do? Somebody already tried that, ask a Russian if they want to bring communism back. I bet most of them will not only say no, but they will beat the fuck out of you just for suggesting it.

    Medical technologies should be avaliable to anyone who needs them.

  120. Copyright and monoplies by sowth · · Score: 1

    IANAL. Well, the difference with a copyright monopoly you could make a competing work and have a monopoly too. I think copyright was supposed to bring artistic works and such in line with selling physical goods.

    The problem is the laws have been so distorted that the first guy will sue you into the ground claiming any vague similarites are "copyright infringement" when they are not. If you can't afford expensive lawyers, you are compeletly screwed. Even if he loses, you have spent lots of money on lawyers, and he can DMCA you off the 'net by using bots who complain your work "kitten love" is the same as "Love of ages" because they both have the word "love" in the title. It is slander of title, but when have you ever heard of anyone even bringing a slander of title suit against anyone who filed a false DMCA?

    1. Re:Copyright and monoplies by JesseMcDonald · · Score: 1

      Well, the difference with a copyright monopoly you could make a competing work and have a monopoly too.

      I assume you were referring to one of the following two passages?

      What's the difference, really, between not knowing about the software and not being able to use it?

      It is rather odd that despite their rejection of aristocratic titles and Merchantilist legal monopolies the founders chose to grant Congress the authority to grant monopolies on artistic works and inventions. Such monopolies didn't help in business or trade (excluding the individual groups granted the monopolies, of course); what made them think the practice would work any better in the arts and sciences?

      If it was the first quote, I don't really see the difference; you could just as easily make your own "competing work" a trade secret, so in one system they would both be trade secrets and in the other they would both be monopolies.

      If it was the second quote, then I would point out that while aristocratic titles and legal monopolies were not granted free to all they could usually be acquired by someone with sufficient means; they weren't fixed in stone, merely drawn from a more limited pool. Land and trade routes are limited in supply, while monopolies on ideas and their implementations are less valuable and thus easier to come by. Sure, I technically have a copyright in this post, but no one would buy it from me; it's essentially worthless. If it were not granted automatically I wouldn't bother applying, and certainly wouldn't pay for it. Even a copyright in an artistic masterpiece will typically bring less income and influence than control over a trade route or a decent aristocratic title. Being easily acquired, and thus more widespread, doesn't make them any less merchantilistic in nature, or any more economical.

      I think copyright was supposed to bring artistic works and such in line with selling physical goods.

      That may have been the intention, but it was not the result. Furthermore, any attempt to "bring artistic works and such in line with" ordinary property rights misses the point of having property rights in the first place: reducing the occurrance of irresolvable conflicts. Assigning rights to both ordinary property and ideas (i.e. archetypes, patterns, ideal objects, etc.) creates conflict: at the point in time when one person's property begins to resemble an idea "owned" by someone else both ownership rules can apply, assigning control over the object to two different people. The original property owner retains the title, since it was never given up voluntarily; on the other hand, the "IP" owner also has control over the object due to ownership of the ideal object it resembles. "IP" requires that the latter claim take precedence, in contrast to ordinary property rights which dictate that the earliest claim be recognized as absolute. One cannot have rights to ideal objects and real property in the same system without conflict.

      Of course, the U.S. copyright system, unlike the patent system, doesn't actually claim to grant rights in ideas; it just attempts to restrict the creation of copies. However, creation of copies isn't actually a single, indivisible action. It is composed of observation of an object (the formation of an idea), possibly the communication of that idea to someone else by means of an intermediate representation (language), and then the re-implementation of the resulting idea as a separate object, which may or may not resemble the original depending on accuracy of the observation and the fidelity of the intermediate representation. Which part actually violates the copyright: the observation, the communication, or the re-implementation? None of these actions infringe on any rights unless ownership is granted in the ideas themselves, as with patents, which as I already stated causes conflict with ordinary property ownership.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    2. Re:Copyright and monoplies by sowth · · Score: 1

      I assume you were referring to one of the following two passages?

      I was referring to the end of your post (the second quote) where you said:

      It is rather odd that despite their rejection of aristocratic titles and Merchantilist legal monopolies the founders chose to grant Congress the authority to grant monopolies on artistic works and inventions.

      I was just trying to point out the "monopoly" on copyrighted works is only supposed to apply to one specific work, and others are free to create other works, while with a physical monopoly, others aren't free to compete for whatever reason (by law, difficulty in creating a business infrastructure, etc).

      In fact, I would say one of the reasons why MS is a monopoly is because it is difficult to recreate a compatible interface for programs to use, not because of their copyright. Many programs which run on MS windows also depend on the bugs in MS's system. You would have to find and emulate all the bugs to be sure every given program will work. Even if it were legal to copy and do whatever to their software, they only release binaries, so you would still have a lot of work to create a competing system or make an existing one (such as linux) compatible with programs made for MSwin.

      I think copyright was supposed to bring artistic works and such in line with selling physical goods.

      That may have been the intention, but it was not the result.

      Thus the phrase "supposed to."

    3. Re:Copyright and monoplies by JesseMcDonald · · Score: 1

      In fact, I would say one of the reasons why MS is a monopoly is because it is difficult to recreate a compatible interface for programs to use, not because of their copyright. Many programs which run on MS windows also depend on the bugs in MS's system. You would have to find and emulate all the bugs to be sure every given program will work. Even if it were legal to copy and do whatever to their software, they only release binaries, so you would still have a lot of work to create a competing system or make an existing one (such as linux) compatible with programs made for MSwin.

      If you want to call MS a monopoly on the basis of their market share, go ahead. I wouldn't call them an unfair monopoly though, or impose any extra restrictions on how they do business, unless perhaps if it were for the legal priviledges that copyrights and patents give them. I don't believe their success is at all illegitimate, though I do at time wish that their customers had stopped to consider how dependant they were on MS's products and pushed for additional assurances of quality and compatibility. On the other hand, I do believe that without copyright it would be far easier to create compatible interfaces for Windows-based software; for some parts one could use their binaries and drivers directly, while for other parts one could employ reverse compilation on the original libraries, only replacing the minimum necessary for compatibility. Any hidden API interfaces would be exposed as well. The current implementations are all based on the limited third-party documentation available to the public and reverse-engineering, both of which take time and neither of which gives as much certain information as direct analysis of the binaries would.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  121. DRM is evil by sowth · · Score: 1

    But you're still a freaking idiot for being in the unattended-pile-of-apples business. It should be your problem if you choose to sell a product that is too easy to steal for you to turn a profit, not the taxpayer's.

    It sounds like you are advocating DRM here. Many things are easy to steal, but most people don't because they are honest. In fact, I think copyright infringement doesn't really affect the "entertainment" and software companies because many people still buy their products even if they don't have to (I do, but I don't use commercial software much anymore). The people who copy the movies, music and warez probably wouldn't buy it anyway. They either don't have the money or are like "pay you back tomorrow guy" and just mooch off everyone.

    DRM is just a way for the cartel to screw people even more. Instead of just having to pay for low quality software and entertainment, and all the commercial interests I've seen (MS, RIAA companies and hollywood) are putting out low quality crap for high prices, they'll make you pay to copy things you make.

    To make software, you'll have to buy a cert to sign it, otherwise it won't run. You'll probably also have to watch a bunch of adverts before the OS will start your program too. To copy your pictures from your digital cam to your computer for editing, you'll have to pay a fee for each one, since they "own" the camera and/or computer and not taking them to a developer you are depriving them of profit. They've already fooled my mother into buying a "developer system" which requires her to pay as much for her printer's picture paper as she would to go down to the local mart and have it developed.

    DRM is a way to milk more money out of the people.

    1. Re:DRM is evil by ClassMyAss · · Score: 1
      It sounds like you are advocating DRM here.
      That's a fair criticism, as is your subsequent explanation (not quoted to save space). I realized after I posted that it did sound like an argument in favor of DRM, but it was late at night and I decided to sleep rather than touch that one.

      I personally agree with you - DRM is evil, and in my opinion it's one of the most harmful developments of the last decade (to the consumer, at least). But, it's just not smart business to sell a product that's easy to rip off without doing anything to protect it other than prosecuting those that steal it (or copy it, for those who don't like the word "steal" in this context). So yes, DRM is a step in the direction of protecting the music industry's product, and as such, it is a logical business decision (that doesn't make it right, of course).

      That said, I don't think DRM puts the music industry in a much better position than the unattended apples guy, since even DRM-ed music is not that difficult to copy. The analog hole alone pretty much makes the whole struggle moot, since your average music listener doesn't care if the sound quality is less than perfect. Honestly, I don't think there's much that the music industry can do to handle this at this point, unless it somehow manages to trim so much fat from its system that it could actually offer a wide selection of decent music at a fair price. But these corporations are behemoths, and generally take so long to make major changes that it's too late by the time they are done.

      The best case scenario for the customer is that people pirate so much music that it actually does hurt the current big players, opening up the field enough for some smaller artists/labels to step in - and trust me, there are plenty of folks ready and willing to step up to the plate and work with the new smaller profit margin should (for instance) Sony collapse or bow out. If someone could make a business model work that didn't involve screwing the customer over at every step (given that we're in the Web-2.0 era, this probably means through ads), it would be quite a hit with the public.

      After all, customers want information to be free, but those who produce it want to be paid. Google made billions on this concept without charging the average Joe a cent, and broadcast TV has been at the teat for decades. Why is it so tough for the music industry to figure out where this is all headed?
    2. Re:DRM is evil by sowth · · Score: 1

      Well, the one big advantage the entertainment "industry" has over the apple guy: if one person comes buy and takes all the apples, his apples are gone, and so is the labor and materials to produce the apples. All the sales for those apples are gone. If someone uploads a song or movie somewhere on the internet and countless people download it, it doesn't cost the entertainment corps a thing, and they still have the CDs and DVDs on store shelves, available for sale.

      So if the honest people outnumber the dishonest--and I think they do--the apple guy would still be screwed because he has no apples to sell, but the music / movie people would still get plenty of sales. The only losses would be potential sales if the downloaders would have bought the CDs in the first place. Who says they would?

      I'm sure most people who download lots of mp3s or videos certainly could not afford the full retail price of every single item they get.

  122. Well, I see you got yourself some mod points. by mmell · · Score: 0
    (Smiles even more broadly) - what's a low-ID numbered fella like yourself doin' gaming the /. moderation system, eh? One very quick glance at the moderations on this thread is very instructive, wouldn't you say? Certainly when viewed in the overall context of posts in general.

    Too bad your intellect obviously can't grasp the relevance of my initial post. Burn any good books lately?

    1. Re:Well, I see you got yourself some mod points. by Afrosheen · · Score: 0, Offtopic

      If you didn't have such a high number you'd probably realize that moderation is impossible to one's own posts. Believe it or not Slashdot makes sure that people don't mod their own threads. And no, there's no conspiracy with other Slashdotters...I'm pretty much alone on this site and you can see by my post counts and moderation scores, I own you.

        I guess you really don't have much to do today, and for that, I'm sorry, but at least you learned something.

  123. Y'know, you're right. by mmell · · Score: 1
    I posted without thinking. /. does indeed prevent that.

    I still find the pattern of moderation interesting. But you're right, and I owe you an apology. I'm sorry.

    In the future, I'll think twice, submit once. Mea culpa.

  124. Re:almost, but not really. by User+956 · · Score: 1

    I swear to god I'm going to take a claw hammer to the next person who repeats that myth. For the thousandth fucking time, that bill only applies to non-citizens!

    If you ACTUALLY READ THE LAW, anyone deemed an "enemy combatant" is no longer considered to be a citizen. POOF. there go your rights.

    Cute little loophole in the law, isn't it?

    --
    The theory of relativity doesn't work right in Arkansas.
  125. Re:Corporations aren't people, but they support th by cheater512 · · Score: 1

    Of course the money cycles around. I'd prefer my money going to a better cycle however.
    I could buy a cd for $25 or buy hosting, a couple of domains, etc...

  126. Someone stole $300 from me by trigggl · · Score: 1

    Someone stole $300 from me.

    They did it at an ATM.

    Their picture was taken.

    It was clearly identifiable.

    They did not go to jail.

    Your rights are only protected if you have lots of money to begin with. The law only seems to work for people making an example out of someone. I've lost all faith in the legal system. The law is manipulated by money and doesn't serve the people that really need it. Protect yourself. The law won't.

    --
    Ops, I shuld have usd the prevuwe but in.
  127. How long are convicted felons disenfranchised? by DogFacedJo · · Score: 1

    Somewhat offtopic, but copyright infringement should deny suffrage?

        I know this is a day old, but wouldn't this be a very serious problem in the US? The high general population ratio and over-representation of minorities and poor in the judicial system would lower the quality of democracy. The current administration uses the expression 'bring democracy to the people' as justification for some pretty heavy shit - seems kinda hypocritical.

        Does the US actually deny over 1% of its population the right to vote?

  128. Re:Corporations aren't people, but they support th by StarKruzr · · Score: 1

    Let the corporations die or turn into something else (much leaner, less-involved musical promotion companies). Conglomerates should not have control of copyrights. It's bad for music.

    --

    +++ATH0
  129. Re:The taliban are angels? by Anonymous Coward · · Score: 0

    Prescriptions are a saftey-valve in the system. Pharmacists spend quite a bit of time keeping up to date on current medicines, and their interactions. Take a trip down to your local pharmacy and ask one about the last time they caught a prescription coming through that would have caused a nasty (potentially lethal) interaction with another prescription the person was on for a different condition being treated by another doctor.

    I realize most people don't know/understand the purpose of prescriptions, but my mother is a pharmacist, so I've got a different level of understanding here. You really *don't* want to get rid of the prescription system. You want it to be easier/cheaper/faster to *get* the prescriptions, but you want to keep them in the system.

    Drug interactions are pretty common. Most of them are minor, and can be treated with another drug, but some of them are potentially (or even definitely) lethal.

    As for eyeglasses, the prescription is what tells the technician what sort of lense you need to correct your vision. Without that prescription, you'd get a crap-shoot for whether the glasses you buy would even help you see better. (On that one, I say 'get a clue'.)

  130. Re:The taliban are angels? by sowth · · Score: 1

    I think you've been smoking too much of the taliban's crack. Obviously you need someone to determine your eyeglass prescription. However if all the doctors insist you need 20/1 vision when 20/20 or even 20/40 will do, and the hugely overcorrected lenses cause your eyes to go crosseyed, and the stupid doctors won't listen, you can't get glasses that work! This has happened not only to me, but several people I know. Do you like crosseyes? Do you like tripping over flat ground? Do you like walking as if you are on the edge of a cliff while on flat ground? I don't! Having a slightly weaker prescription fixes the problem.

    So what the hell do prescriptions have to do with needing to go to a pharmacist, and what is wrong with letting people handle their own medications? If they just start popping pills without finding out about interactions or checking with doctors, it is their problem if they die. Some medications interact with OTC stuff too, so why don't they require pharmacists as well? Not requiring a pharmacist to buy a drug doesn't mean you will not be allowed to see one. You don't have to check with anyone to buy window cleaner and bleach, but if you mix them and breath the vapors, you will either get really sick or die. Should we require a pharmacist for window cleaners and bleach too?

    You also completely ignored my statements about being denied medical care. Prescriptions are one of the methods used to do it.

  131. More offtopic by blueskies · · Score: 1

    No. IIRC, there have actually been some economic studies indicating that slavery was basically a drag on the economy, aside from all of its other inexcusable faults. And it isn't hard to see how it would have slowed industrialization down: if you have a population of slaves to do manual labor, you have a lot of sunk investment into them, and it's harder to get you to mechanize.

    More offtopic, but here goes. I can agree that the Colonies didn't benefit as much, but everyone likes to ignore the large supply of cheap raw materials that were produced using slave labor that helped fuel the North and the UK.

    As for the on topic stuff, i agree with most that you've said, and realize that i've done a sloppy job articulating.