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File Sharing Ruled Legal In Spain

stupid_is writes "As a follow-up to a previous discussion a judge in Spain has ruled that under Spanish law a person who downloads music for personal use can not be punished or branded a criminal. This seems to be a teeny bit clearer than the first article, which points out that downloading is a civil, and not criminal, offense for individuals. The Spanish recording industry federation Promusicae is predictably a bit peeved, and says it will appeal against the decision." From the article: "The state prosecutor's office and two music distribution associations had sought a two year sentence against the man, who downloaded songs and then allegedly offered them on a CD through email and chat rooms. However, there was no direct proof he made money from selling the CDs. Justice Minister Juan Fernando Lopéz Aguilar says Spain is drafting a new law to abolish the existing right to private copies of material. Due to different regulatory regimes in Europe, the proceedings against file sharers differ greatly in each country. However, most European judges tend to take a harder stance on file sharing. Twenty two people in Finland were fined €427,000 last week for illegally sharing movies, music, games and software, while courts in Sweden also fined two men who had downloaded movies and music for personal use."

136 comments

  1. 427,000 by Anonymous Coward · · Score: 0

    427,000 what? Penguins?

    1. Re:427,000 by Svenne · · Score: 1

      They are pirates, so I assume it's in gold doubloons.

      --

      Slagborr
    2. Re:427,000 by Veetox · · Score: 1

      Euros. It's in the article.

    3. Re:427,000 by Anonymous Coward · · Score: 0

      Patacones, for sure.

    4. Re:427,000 by Anonymous Coward · · Score: 0

      Yarr.

    5. Re:427,000 by orasio · · Score: 1

      Australes

  2. Downloading != Sharing by Fastolfe · · Score: 2, Insightful

    Everyone also needs to keep in mind that in most countries where these things are issues, the offenses related to downloading things versus sharing them are completely different. I don't believe anybody even in the US has been taken to court merely for downloading. It's always about sharing (redistribution). It's frustrating when the media tends to use the two things interchangeably.

    1. Re:Downloading != Sharing by Veetox · · Score: 1

      I know! Just look at Lars Ulrich (anti-music-sharing posterboy)... He looks so... frustrated.

    2. Re:Downloading != Sharing by giorgiofr · · Score: 2, Insightful

      Nobody downloads mp3 via http from pimply-faced youths anymore. People get music on eMule and movies on BitTorrent. So, everytime you're downloading, you're uploading as well.

      --
      Global warming is a cube.
    3. Re:Downloading != Sharing by Anonymous Coward · · Score: 2, Funny

      Detective: This is the home of Lars Ulrich, the drummer for Metallica. Look. There's Lars now, sitting by his pool.

      Kyle: What's the matter with him?

      Detective: This month he was hoping to have a gold-plated shark tank bar installed right next to the pool, but thanks to people downloading his music for free, he must now wait a few months before he can afford it. Come. There's more. Here's Britney Spears' private jet. Notice anything? Britney used to have a Gulfstream IV. Now she's had to sell it and get a Gulfstream III because people like you chose to download her music for free. The Gulfstream III doesn't even have a remote control for its surround-sound DVD system. Still think downloading music for free is no big deal?

      Kyle: We... didn't realize what we were doing

      Detective: That is the folly of man. Now look in this window. Here you see the loving family of Master P. Next week is his son's birthday and, all he's ever wanted was an island in French Polynesia.

      Kyle: So, he's gonna get it, right?

      Detective: I see an island without an owner. If things keep going the way they are, the child will not get his tropical paradise.

    4. Re:Downloading != Sharing by SNR+monkey · · Score: 1
      FTFA
      ..while courts in Sweden also fined two men who had downloaded movies and music for personal use.
      I know you said "most", but people shouldn't think that by "just downloading" copyrighted material they won't get in trouble.
      Also FTFA
      Over 100 students at Växjö University, southern Sweden, have been banned from using the institution's network in the past two years because they downloaded copyrighted material without permission in their apartments on the university campus.
      While their punishment did not come from a court, it was deinitely 'inconvenient'. I don't think many people would be too happy if they were banned from their network while at college (even if they had done something illegal).
    5. Re:Downloading != Sharing by Anonymous Coward · · Score: 0

      Amen to that.

      Were I live (Netherlands) there is a famous legal case dating from the 1980's.
      Canal+ (pay per view company that distributes via cable and satellite) tried to sue a group of students for illegally viewing their scrambled broadcasts by means of a home-grown decoder. (Guess.... I was one of those students at the time.)
      The judge ruled that any broadcast offered "on air" or on cable can be freely used by whoever receives it. Even if it is encrypted or scrambled and the receiver found a way to do it without paying the broadcaster for the use of a decoder.
      After all: The company offered it freely to all receivers. What they did with it is their choice.

      This legal case is also applied to obtaining content from the Internet. If it's freely offered you have the right to use it as you see fit.

      When you start sharing copyrighted material it's an entirely different case. That is the realm of copyright law.

      Unfortunately the FUD-mongers from the movie and music companies are doing such a good job that Joe Average in the street is not longer able to separate fact from FUD.
      Or right (download) from wrong (sharing).

    6. Re:Downloading != Sharing by Anonymous Coward · · Score: 0

      I have LimeWire setup for my Dad and a few other people who aren't that computer literate but still look for music to download. The first thing I do after installing it for them is disabling all forms of uploading, and also even disable "upload parts I've downloaded" or whatever that option is. So is it really exclusive to http that you are only downloading but not uploading? I know how things are with torrents, but can you just disable uploading altogether with eMule as well?

    7. Re:Downloading != Sharing by Anonymous Coward · · Score: 0

      Or right (download) from wrong (sharing).

      And it's in itself kinda tragic that you think sharing is wrong, too. It might be illegal, but that's not equal to wrong...

      I dunno about the netherlands, but in here ireland in a child's early life, the importance of sharing and so on is still stressed in the educational system. Why do they bother? When the child grows up, it's all "sharing is bad, mm'kay?". Sickening. It's easy to look outside our own society and blame the americans/corporations, but that's also wrong. Organised rejection of human decency and community is a choice the waning West as a whole, not just usa/corporations has apparently made, and I'm disgusted by it.

    8. Re:Downloading != Sharing by Mister+Whirly · · Score: 1

      There is a difference between sharing bits of a file while downloading the file, and seeding a file when you have 100% of it. Nobody in the US has been nailed for uploading while downloading using Bittorrent as of yet - only people hosting 100% of the files for uploading...Just becuase you are downloading does not mean you are a seeder.

      --
      "But this one goes to 11!"
    9. Re:Downloading != Sharing by xiong.chiamiov · · Score: 1

      I thought y'all wanted to live in Sweden.

    10. Re:Downloading != Sharing by pipatron · · Score: 1

      Sharing is caring. What you are doing shows a lack of hacker ethics, and is the reason that the protocols that allow such egoistic behaviour are almost abandoned by the people who knows about the alternatives like bittorrent.

      --
      c++; /* this makes c bigger but returns the old value */
    11. Re:Downloading != Sharing by mark-t · · Score: 1

      Actually, the real issue with is copying... not distributing.

      But if personal use copying isn't considered an infraction, then copying won't land you in trouble unless you do something more with it that wouldn't qualify as such use, such as distribute it or share it. But in reality the real issue with copyright is always about _copying_.

      This is why it's not an infraction to share your own physical music CD's that you've purchased... because what you are loaning aren't copies that you ever made in the first place, so there's no copyright infringement.

    12. Re:Downloading != Sharing by Jordan+Catalano · · Score: 1

      *cough*USENET*cough*

    13. Re:Downloading != Sharing by Jehosephat2k · · Score: 1

      In Soviet Russia, receivers decode YOU!

    14. Re:Downloading != Sharing by IAmTheDave · · Score: 1
      Nobody downloads mp3 via http from pimply-faced youths anymore.

      No, we download from AllOfMp3. No uploading, no sharing, just good access to quality music. I keep waiting for the RIAA to pick up the model. Guess it's not happening...

      --
      Excuse my speling.
      Making The Bar Project
    15. Re:Downloading != Sharing by Tweekster · · Score: 1

      What someone needs to develop is a country based p2p.

      Ie, you dont share to anyone inside your country, then you will be fine. you download from outside of your country, you share to anyone not in your country, suddenly the international laws regarding the suits would be 10 times more complicated and basically impossible to try.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    16. Re:Downloading != Sharing by Fastolfe · · Score: 1

      This probably wouldn't work as well as you would like.

      For starters, if the infringing activity is a crime in your country, it's your country's law enforcement that prosecutes you. All it would take is someone pointing out what you're doing.

      But ignoring that, many of the major sue-happy copyright holders have versions of themselves in lots of countries, so you might deter them a little bit (or maybe a lot), but not entirely. This approach would, however, deter most or all of the suits from smaller copyright holders, like individual artists and local labels. This probably isn't the best way to win the war. :/

    17. Re:Downloading != Sharing by Kandenshi · · Score: 1

      I ... "have a friend" who downloads(primarily as a leech) from IRC channels.
      Any of the uploading "my friend" does over IRC is to actual people he chats to. Not to the random unwashed members of the mob in #mp3passion.

    18. Re:Downloading != Sharing by Anonymous Coward · · Score: 0

      You need to realise something about the incidents in Sweden that were mentioned...
      Firstly, the two men who were fined were both unemployed. All fines in Sweden are calculated as x number of days earnings. Both of these men were fined 80 days earnings as their fine but since they are unemployed this was calculated to be only 250kr per day ($35), so their total fine was 20,000kr ($2777). Not bad when you consider one of the guys was accused of downloading 13,000 tracks. His fine was cheaper than buying the tracks from iTunes who charge 9kr per track.

      Secondly the students at Växjö University only had the broadband connection in their student dormitory room disconnected, they were not banned from using the entire institution's network. They could still use computers in the computer labs and in the library. Also it should be noted that for each file sharing transgression the broadband connection in their room was only disconnected for 2 weeks. Not too strict don't you think?

      So before you start to think that the Swedish government and other institutions are starting to get tough on file sharing, think again. It's my belief that the Swedish government doesn't really have any interest in prosecuting individuals for file sharing and are doing just enough to keep the US government and the RIAA happy. Consider the fact that in a country of 9 million people it is estimated that 1.2 million people actively participate in file sharing via the Internet. What it the government supposed to do? Fine or throw in jail 10% of the entire population?

      From an ex-pat from England currently living in Västerås, Sweden.

    19. Re:Downloading != Sharing by SNR+monkey · · Score: 1

      Thank you for that very informative post, I did not know the specifics to those incidents.

    20. Re:Downloading != Sharing by Deagol · · Score: 1

      Unless you disable uploads on your client. Then you can download a torrent without allowing the risk of being nailed with sharing.

    21. Re:Downloading != Sharing by Mike89 · · Score: 1
      People get music on eMule..
      I find people more often use Limewire, which does not require uploading. That includes myself. I have like 300 gb of stuff shared on there, and yet no-one ever touches it. Same for my friends, no one ever uploads off them.. unless they share their porn ;)
    22. Re:Downloading != Sharing by Anonymous Coward · · Score: 0

      Oh shut the fuck up please. It's illegal anyways. Since when should criminals abide by some code of ethics? If people want to leech, that is perfectly fine. Maintaining a good upload/download ratio doesn't make you any less of a crook.

    23. Re:Downloading != Sharing by Zemran · · Score: 1

      Ssssssssshhhhhhhhhhh!!!!!!! Don't tell anybody. There is a nice quiet world out there that we would like to keep clean.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    24. Re:Downloading != Sharing by Zemran · · Score: 1

      Oh shut the fuck up please. It's illegal anyways.

      What a nice, polite and reasonable response from someone that hasn't got a clue what is being dicussed. 'It's illegal'??? did you read the article? We are clearly dicussing the fact that it is not illegal so I can only assume that you did not read the article or you are too stupid to think outside your own sandbox.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    25. Re:Downloading != Sharing by ScrewMaster · · Score: 1

      A good open-source client that you can get off SourceForge is Phex. Limewire-like GUI (better in some ways) and you can also disable any sharing activity.

      --
      The higher the technology, the sharper that two-edged sword.
    26. Re:Downloading != Sharing by Anonymous Coward · · Score: 0

      It looks like you are the one who hasn't read the article. This decision was made in Spain, for Spain and applies only in Spain. Neither you nor the parent have residency there. You need to go back to the article, only this time you should concentrate on deciphering those little characters that form words rather then drool at the pretty pictures.

      I don't see why I should be nice to anyone who boldy advocates copyright infringement. Now stop trying to convince yourself that you are even remotely informed.

    27. Re:Downloading != Sharing by pipatron · · Score: 1

      The fact that something is illegal does not make it wrong.

      I could search the web for an abundance of stupid laws that prohibits random things round the world, but I'm sure you have already heard about a lot of them.

      Also, the fact that something is legal does not make it right. This is much more clear when you look back in time and think about slavery, witch-burning etc.

      --
      c++; /* this makes c bigger but returns the old value */
    28. Re:Downloading != Sharing by Pofy · · Score: 1

      >FTFA ..
      >>while courts in Sweden also fined two men who had downloaded movies and music for personal use.

      >I know you said "most", but people shouldn't think that by "just downloading" copyrighted material they won't get in trouble.

      The article is wrong though since both of them was charged for uploading (or sharing works to the public, not for downloading.

      >Also FTFA
      >> Over 100 students at Växjö University, southern Sweden, have been banned from using the institution's network in the
      >>past two years because they downloaded copyrighted material without permission in their apartments on the university campus.

      Again it was after complain for them making music available to the public, uploading.

    29. Re:Downloading != Sharing by Pofy · · Score: 1

      >Not bad when you consider one of the guys was accused of downloading 13,000 tracks. His fine was cheaper than buying the tracks
      >from iTunes who charge 9kr per track.

      It was not downloading, it was making them available to the public or uploading if you want to call it that (on DC I think) So it is quite irellevant what it would have cost him since he allready had the songs (probably downloaded in an infrigning way but remember that up until a year ago, the situation in Sweden was that downloading for private use would most likely have been legal (no case existed though).

    30. Re:Downloading != Sharing by Tweekster · · Score: 1

      Bringing evidence from a different country is a lot trickier though.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
  3. Olé by Abreu · · Score: 1

    It seems that he managed to dodge the Music Industry bull charging right into him, with a quick waist movement and a flourish of his red cape...

    --
    No sig for the moment.
  4. Comparison invalid by ruppel · · Score: 3, Insightful

    The comparison with Finland is invalid since the sentence was given for filesharing and not for downloading files. Untill recently the legislation in finland was as clear about downloads (i.e. they were legal). Now we have the new european version of the DMCA and there haven't been any cases to test whether that status has changed. Since the legislation is essentially (supposed to be) the same throughout europe, I would guess that simply downloading stuff is still legal.

    1. Re:Comparison invalid by Jussi+K.+Kojootti · · Score: 2, Informative

      They weren't even found guilty of filesharing: The court threw the copyright infringement charge out becuase there was no proof. They were convicted of "contribution to copyright infringement" (administering the website). This fact was pretty much forgotten by the media, they just put "Filesharers convicted - 400 000 bill" as the title of their news story...

      "contribution to copyright infringement" -- well, I guess the Youtube guys are lucky not to live in Finland.

  5. Ummm... by Otter · · Score: 1
    This seems to be a teeny bit clearer than the first article, which points out that downloading is a civil, and not criminal, offense for individuals.

    I am completely confused:

    1) The first article doesn't say that.

    2) The second article sort of *does* say that.

    3) Assuming that file sharing really has been ruled a civil but not criminal offense, the "Ruled Legal" headline via the dimwitted Register, plagiarizing submitter and sleepy editor is completely false.

  6. 427,000 what? by inphinity · · Score: 1

    Twenty two people in Finland were fined 427,000 last week for illegally sharing movies, music, games and software...

    Er, 427,000 what exactly?
    Or perhaps 427,000 people were fined twenty two of something?
    Jeez, color me confused...

    1. Re:427,000 what? by Penguuu · · Score: 2, Interesting

      There were 21 persons who are paying in all that 427000 EUR. So it's about 20 000 EUR per person.

      And the persons who were sentenced were administrators of the torrent-sharing site, not some guys who just downloaded some songs.

      --
      The problem in the world today is communication. Too much communication - Homer Simpson
    2. Re:427,000 what? by pioni · · Score: 1

      427000 euros, or $542000. Quite similar to what you'd get for murdering 15-50 people or raping 100 women and children (except the prison sentence of about 10-15 years). So, kill and rape all you want but don't make copies of 0's and 1's...

    3. Re:427,000 what? by Anonymous Coward · · Score: 0

      It's in local currency: 427000 euros, equivalent to about 545000 US dollars.

      Incidentally, the different treatment in Spain and Finland is related to the fact that Spain has yet to implement the EU copyright directive. Since the grace period for implementing the directive is over, the EU courts will enforce it even in Spain, if the case gets that far in appeal.

    4. Re:427,000 what? by Mister+Whirly · · Score: 1

      Really? There are only monetary punishments for rape and murder where you live?? What country are you from that capital crimes are merely civil cases involving fines?

      --
      "But this one goes to 11!"
    5. Re:427,000 what? by pioni · · Score: 1

      "except the prison sentence of about 10-15 years", meaning that on top of your average prison sentence of 12 years (or "life") for murder, you'd have to pay maybe 20000-30000 e in case you have money. If you don't, the 12 years will do. And they have holidays from prison!

    6. Re:427,000 what? by makomk · · Score: 1

      Slashdot strips the Euro sign from comments... go figure.

  7. The sad thing is...they wanted two years in prison by Joce640k · · Score: 1

    Two years in prison for copying a few files. Sheesh.

    Still, they're working hard to change the laws. What they want now is for downloading to be illegal, AND for a tax to be placed on all recordable media. If they manage to pass it then I'll be paying the RIAA for all the CDs I use for data backups, all the CDs which end up as coasters because I dared to touch the mouse while it was recording, etc.

    --
    No sig today...
  8. Re:Filesharing is theft. Plain and simple. by Anonymous Coward · · Score: 0

    *groans* Not this one again...

    To the uninformed, this post is completely false. I've seen it at least a dozen times in the last year-and-a-half. Please don't bother responding to it.

  9. This is where I get my troll mod by mcmonkey · · Score: 1

    We know the hive mind that is /. can't grok the difference between copyright, trademark, and patents, but I'd think the difference between uploading and downloading wouldn't be out of reach.

    Oh well.

    And before you reply, "but BitTorrent...," two points: 1) are there any torrent clients that do not allow the user to control uploading? And 2) if there are, so?

    In the words of the parent poster, "Downloading != Sharing"

    1. Re:This is where I get my troll mod by pipatron · · Score: 1

      The thing with bittorrent is that it's up to the 'server' user to decide how much bandwidth he will donate to you. If the members of the torrent notice that you don't give back anything, your bandwidth will get throttled. Of course, for very popular torrents with a lot of seeders you will get a good bandwidth anyway, but with more rare files, you will have to give something back unless you want to wait for days to download the file.

      --
      c++; /* this makes c bigger but returns the old value */
  10. Re:Filesharing is theft. Plain and simple. by Hazrek · · Score: 1

    You need to work a little harder on your trolling skills, that was stupidly obvious and not really very funny. Think of the children.

  11. Re:Filesharing is theft. Plain and simple. by Anonymous Coward · · Score: 0

    You want me to cry for that shit? Man... I'm pretty sure you work for RIAA or some shit. If not, if this "oh, how unlucky I am. My life is ruined" story is true, then sell burgers. You can't copy that :P Selling albums is not business anymore. No one is guilty for that and, at the same time, everyone is.

    PS: Anyway, if music was cheaper more people would buy it. Records can be cheaper. Spend your money on concerts and cheap albums and, if you can, buy them directly to the musicians ;) Most record labels are ruining music culture

  12. Re:Filesharing is theft. Plain and simple. by shirizaki · · Score: 1

    It isn't piracy that's killing your record store, it's your music selection. There isn't an influx of people that will murder other people to buy that hot hot disc of "Jesus LOVE!" that was released. And no one pirates christian music anyway. To go further, your solution is wholly facist and useless. Drug dealers aren't discriminated against. If you banned EVERYONE that shared a file at anytime, no one would be buying CD's. And it isn't just piracy; there's legit downloading service like iTMS, Napster, Rhapsody, etc. You're losing business because no one may want to buy a complete CD. And your kids are suffering because you run a Christian music store? I feel bad for them alreay, but since you SOMEHOW can afford internet access I assume you are still pretty well off. Either that or little Cindy Lou Who went without her MMR booster so daddy could post as an anonymous Coward on /. *sniff* *sniff* Smell that? I think you're RIAA. Either that, or Dawinian laws need to be slapped across your face. Sell your record store and get a job you hippy.

    --
    In Soviet Russia, dots slash you!
  13. Were they expecting an inquisition? by weeboo0104 · · Score: 5, Funny

    The Spanish recording industry federation Promusicae is predictably a bit peeved, and says it will appeal against the decision."

    I don't know what they expect by filing an appeal.
    I mean, nobody expects a Spanish inquisition.

    Someone fetch the Promusicae the comfy chair or some soft cushions.

    --
    It is easier to build strong children than to repair broken men. -Frederick Douglass
    1. Re:Were they expecting an inquisition? by Anonymous Coward · · Score: 0

      Nobody EVER expects the Spanish Inquisition!

  14. Copyright infringement: Civil or Criminal Offense by Aphex+Junkie · · Score: 0

    In the USA, isn't copyright infringement a civil matter (hasn't it always been)? While this news article is nice and all, it still doesn't address the root of the problem: people are being treated the same way as murderers and rapists when they get caught with pirated stuff.

    (Haha, the CAPTCHA word was "defense", how apt)

  15. Re:Filesharing is theft. Plain and simple. by Volante3192 · · Score: 2, Insightful

    Every day, fewer and fewer customers enter my store to buy fewer and fewer CDs. Why is no one buying CDs? Are people not interested in music? Do people prefer to watch TV, see films, read books? I don't know. But there is one, inescapable truth - Internet piracy is mostly to blame. The statistics speak for themselves - one in three discs world wide is a pirate.

    One in three discs is pirated. So, are you referring here to counterfeit discs produced on the black market and sold for 3 bucks in the subway? Because those are COMPLETELY different from burning a mix cd from tracks off the internet, which rarely, if ever, get sold. Want to talk unreferenced statistics? The highest downloaded tracks online are also the highest purchased CDs. Shocker.

    I buy two artists these days: R.E.M. and Weird Al (Sony connections be damned, I think they just do production anyway...) Every day I listen to the radio and there's just nothing on that I'd bother plunking down my cash for. I'd rather get another DS game or another DVD.

    I think people don't buy music because they found other things to be interested in. There's a gigantic amount of entertainment choices out there now. We're past the days of the walkman. Music has to compete against movies (now portable), the DS and PSP, at home there's hundreds of TV stations.

    Plus I don't think many people, at least in this corner of the cyberverse, have many good things to say about the media racket.

  16. Re:Filesharing is theft. Plain and simple. by scharkalvin · · Score: 2, Insightful

    Is the record retail business going bust due to filesharing?
    Maybe, but there are other forces at work here....
    You may be loosing business to the likes of Amazon.com, Ebay, and other non-brick and mortar
    retail outlets that are undercutting your price. Also there are LEGAL download sites
    (such as itunes) that offer customers the choice to buy just the cuts they want, not the entire
    CD. Face it, your method of business is going the way of the dinosaur. File sharing may be
    part of the problem, but by many accounts it is a small percentage.
    Blacklist the pirates? Maybe a good idea, but good luck!
    Why don't you modify your business plan to include internet sales? Get a fraging website
    for crying out loud! If you don't join 'em you won't beat 'em!

  17. Mod parent up by Anonymous Coward · · Score: 0

    Anyone?

    1. Re:Mod parent up by Anonymous Coward · · Score: 0

      Uh. No. It advocates piracy.

  18. Re:Filesharing is theft. Plain and simple. by Volante3192 · · Score: 1

    ...I actually stopped reading after the line I quoted.

    Now I feel bad, wearing out my keyboard like that...

  19. Filesharing and marijuana. Nice place. by Anonymous Coward · · Score: 0

    I'm starting to think I know where my next vacation is going to be. Interesting how Canada and Spain have moved into the forefront of the civilized world while the US declines into a fascist police state. I'd rather live in Vancouver than LA or New York.
          Now if only the Asian countries like China that seem to have a defacto policy of legalized file sharing would ease up on their draconian drug laws they could form an international coalition of states that actually support the rights of citizens. Within the UN they could get together and offer to send troops in to the US to beat back the repressive dictatorship that has taken hold through the simple trick of owning the voting machines.
            George Bush was never, in fact, elected president and the neocons deflected the weak criticism of this fact by committing a massive crime to change the subject permanently. It will take international troops on US soil to pull the US out of the swan dive towards fascism it is in. Just watch, the GOP is going to make an amazing recovery in the next week. It will be hailed as the Will of the People! I'm already hearing this bullshit from the regular suspect. Looks like the GOP really does have a chance after all. Last minute polls show amaing spikes in enthusiasm for the Republicans. This all seems so familar.
            The sad thing is that there is no help coming from the likes of countries like China. They're not really an alternative in the sense that they once were. It is amazing that Spain and Canada are as liberal as they are but they're not going to help us in the US in any way other than being great tourist destinations.

    1. Re:Filesharing and marijuana. Nice place. by pipatron · · Score: 1
      Interesting how Canada and Spain have moved into the forefront of the civilized world while the US declines into a fascist police state.

      Unfortunately you can read this in the summary:

      Fernando Lopéz Aguilar says Spain is drafting a new law to abolish the existing right to private copies of material.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:Filesharing and marijuana. Nice place. by Pulse_Instance · · Score: 1
      The sad thing is that there is no help coming from the likes of countries like China. They're not really an alternative in the sense that they once were. It is amazing that Spain and Canada are as liberal as they are but they're not going to help us in the US in any way other than being great tourist destinations.

      Speaking as a Canadian, it is not our job to go enforce our way of living on anyone. However, if you were to ask for help there is much better chance that you would receive help from us and probably other nations as well. I can't say for sure as I am only a regular citizen and have no idea what would happen with our leaders if you asked. Another way to show to the international community that you would like help with your problem would be to show that a majority of you would like the change and that your current leaders would not let this happen. Again if you were to do this then the rest of the world would likely become much more concerned than with what is happening now; which appears to be an ever growing minority, but still less than 50%, of your population does not like the current leader. Find some way to prove that the elections you hold are rigged and there is a chance that you will solve your own problems, if not then come to the rest of the world with your proof and we will be much more inclined to help. Unlike some countries we do not just go attack a sovereign nation because we think there are problems, we require proof before we do that.

    3. Re:Filesharing and marijuana. Nice place. by rkcallaghan · · Score: 1
      Pulse_Instance wrote:
      Find some way to prove that the elections you hold are rigged ...

      What would qualify as sufficient 'proof' in this case? Could you provide some examples of what would be acceptable and not dismissed as 'hearsay' or 'moonie conspiracy theories'?

      ~Rebecca
    4. Re:Filesharing and marijuana. Nice place. by Pulse_Instance · · Score: 1
      From what I read it appears that by switching to electronic voting mechanisms you have removed one of the easiest ways to prove that a rigged election has been held, which would be by recounting the paper ballots. However if you were able to take several of each different type of electronic voting machine at random, why there is more than one type of voting machine that is allowed to be used is baffling on its own, dump all of the code on the machine and have it analyzed by multiple independent companies you should be able to determine if any tampering has been done. You would probably also want to have the code for any machine that touches any of the the data. You would need a complete dump of all code on each machine and it would take quite awhile to do but given the current state of the voting system it seems like the only way that you could prove that and sort of tampering had been done.

      After reading my original comment I think it may have sounded like I don't care, but I do. I would really like to see it proven that someone has tampered with your electoral process so that it can be fixed, which I believe would make the world a better place. I am really interested to find out what is going to happen during the coming elections.

    5. Re:Filesharing and marijuana. Nice place. by rkcallaghan · · Score: 1

      Unfortunately here, we don't have any ability to accomplish what you suggest. Doing so would either require the honest cooperation of Diebold or a court order permitting investigators to aquire that information by force. Since we can safely assume Diebold will continue its refusal to cooperate; that leaves only the judicial/execute branches to acquire that information.

      So lets say you take a look at the news section on black box voting, and see the near daily articles; some extreme, some not so extreme on the subject. Admittedly, not every single one of them is a big 'smoking gun' -- but some of them are pretty close, and there's tons of mid range stories to choose from. This is where you have to ask yourself -- is all of this cause enough for an investigation? I think so, and judging from your reply I think you think so too.

      Our society has shown that we are willing to lower the barrier to investigation when the potential crime is serious enough -- such as child porn or presidential assassinations. Should a 51% popular majority be required for an investigation to something that could without exaggeration undermine the entire foundation of law? The threshold as you presented it is unattainable without the investigation in the first place. What would the threshold be to simply merit an investigation? If that point is met, at what point does it become valid to request outside assistance to achieve the investigation?

      ~Rebecca

    6. Re:Filesharing and marijuana. Nice place. by Zemran · · Score: 1

      the UN they could get together and offer to send troops in to the US to beat back the repressive dictatorship

      So, do you think that China should invade the US to impose democracy? Then we would be able to call the US China's Vietnam... At least Taiwan could breath a sigh of relief as they sidestep the battleground, as could North Korea, Iran, Syria etc.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    7. Re:Filesharing and marijuana. Nice place. by Millenniumman · · Score: 1
      Interesting how Canada and Spain have moved into the forefront of the civilized world while the US declines into a fascist police state.
      That's a bit, extreme, you think? Not being able to download music at will for free doesn't make a country a "fascist police state".

      I'd rather live in Vancouver than LA or New York.
      So you'd rather live in a very nice, medium sized city surrounded by incredible landscape than a huge, sprawling urban area with the associated issues. Wow. That must be because of the countries they are in, and not due to anything else.

      Now if only the Asian countries like China that seem to have a defacto policy of legalized file sharing would ease up on their draconian drug laws they could form an international coalition of states that actually support the rights of citizens.
      So as long as they allow you to download music for free, and smoke marijuana, they're free? You seem to be forgetting that China has a repressive communist government.
      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
  20. Re:Filesharing is theft. Plain and simple. by yakumo.unr · · Score: 1

    If your plight is true then I AM very sorry for you, BUT changes in markets are part and parcel of business life, period. you have to find new ways to work round new things, everything changes, you have to adapt with it.

    You said yourself you took it upon yourself to follow a different demographic, and it worked for you for a good long while it sounds, but now things have changed again, and you have to change again too.

    I wouldn't blame piracy for your issues though, as many independent studies have show, the people who download more music are actually the ones who then BUY more music too, though not necessarily from a physical store, just an online one, which is mostly likely the primary candidate for your failing business model, unless it's just that people are always changing, and there may just be a massive drop in interest for the type of music you stock.. maybe even just in your local area, who knows.

    Additionally, the demographic you targeted with your store are the LEAST likely to be downloading music illegally, because of the same values you mention, and the type of music they're after, that you stock, is far less likely to be available online illegally in the first place.

    It's an easy scapegoat to blame, but it's not the root source of your problems, and you must not waste your time and energy on that, but spend it being productive and finding new ways to increase revenue, or even change market completely if that's what it takes for your sake as well as your kids (ie start selling ipods instead of albums? or something entirely non music related?).

    I truly wish you the best of luck!

  21. Moving to Spain now. by krell · · Score: 1

    All the bullfighting ballads you can download, for free!

    --
    Where were you when the voynix came?
  22. What you don't know... by kinocho · · Score: 5, Informative

    Is that in spain there is "law" that allow the sgae and company (RIAA equivalent in here) to tax the cd's and dvd's with more than one euro each (in the case of dvd's), to "compensate" for loses due to piracy.

    Just so you can understand better... last year they got 300 million euros just in that concept. And believe me, you can bribe a lot of people with that.

    Oh, I almost forgot, that money is shared unequally among the capos of the SGAE, leaving all the other 80.000 members with nothing.

  23. "Not Illegal" does not mean "Legal" by jezor · · Score: 3, Informative
    I agree with the person who posted that downloading and uploading are very different potential offenses; consider the difference between drug use and drug sales (or distribution). Another point to consider is that the law in Spain may not consider copyright infringement criminal if no money is earned. This used to be the situation in the U.S., which is why an MIT student named David LaMacchia was found not guilty of wire fraud in 1994. At that time, even massive distribution of copyrighted material was not a crime, if no money was made, and U.S. District Judge Richard Stearns said what had happened wasn't wire fraud but non-criminal copyright infringement. As Judge Stearns wrote in his opinion,

    This is not, of course, to suggest that there is anything edifying about
    what LaMacchia is alleged to have done. If the indictment is to be
    believed, one might at best describe his actions as heedlessly
    irresponsible. and at worst as nihilistic, self-indulgent, and lacking
    in any fundamental sense of values. Criminal as well as civil penalties
    should probably attach to willful, multiple infringements of copyrighted
    software even absent a commercial motive on the part of the infringer.
    One can envision ways that the copyright law could be modified to permit
    such prosecution. But, "'[i]t is the legislature, not the Court which is
    to define a crime, and ordain its punishment.'" Dowling, supra at 214
    (quoting United States v. Wiltberger, 5 Wheat. 76, 95 (1820)).


    In fact, the U.S. Congress took Judge Stearns up on his suggestion, adding the concept of commercial value and intent to profit to the criminal portion of the U.S. Copyright Law in the No Electronic Theft Act.

    I would not be surprised to see the Spanish law changed to close this loophole as well. {Prof. Jonathan Ezor, Touro Law Center Institute for Business, Law and Technology}
  24. When will they figure it out? by aliendisaster · · Score: 1

    When will the large record companies, the RIAA, etc. figure out that music has evolved? Music is digital now which means it can be transfered on so many formats that it is impossible for them to control who has what. If everyone remembers, back in the days of tapes, everyone shared music. I remember borrowing tapes and making copies. I never bought music, I bought blank tapes. If a friend didn't have a song I wanted, I listened for it on the radio and recorded it off that (granted the quality sucked). This is basically the same thing as file sharing. Why were they not tracking down the millions of kids that did this in the 80's?

    --
    Freedom is a state of mind. A mind is a state of being. Stay the fuck out of my mind and my being. - Corporate Avenger
    1. Re:When will they figure it out? by PhysicsPhil · · Score: 2, Interesting

      ...I remember borrowing tapes and making copies. I never bought music, I bought blank tapes. If a friend didn't have a song I wanted, I listened for it on the radio and recorded it off that (granted the quality sucked). This is basically the same thing as file sharing. Why were they not tracking down the millions of kids that did this in the 80's?

      Do you really need to ask? Widespread copying was a harder task in the 80s. You had to find someone who owned a copy of said music, which meant a local friend. The quality of the copy was degraded, often being quite poor after many iterations of copying. Compare with today, where you can make an exact replica of music from someone on another continent, on nothing more than a whim.

      Music companies cared in the 1980s, but piracy was at a nuisance level rather than threatening the entire business model.

    2. Re:When will they figure it out? by Liastnir · · Score: 1

      The RIAA, et al. will figure out music has evoled when they themselves find a way to evolve so they don't lose their profits and power. And while they weren't tracking those kids down, they were trying to legislate it then too. Have you heard the story of the Pirate Bay logo? http://en.wikipedia.org/wiki/Home_Taping_is_Killin g_Music

    3. Re:When will they figure it out? by vmerc · · Score: 1

      Because they didn't and still don't have physical access to your home to monitor tapes being copied.

    4. Re:When will they figure it out? by Joce640k · · Score: 1
      Widespread copying was a harder task in the 80s. You had to find someone who owned a copy of said music, which meant a local friend.


      Complete rubbish. Copying tapes was done en-masse when I was in education. Everybody, and I mean everybody had a twin cassette deck.


      The difference is that the RIAA would have had to stalk people and invade their rooms to catch them. Now they can sit in a cozy server room somewhere and track their IP addresses.


      And no, the RIAA's sales problems aren't due to piracy, they're due to having a weak, no-frills product and stiff competition from other media such as cinema and DVDs.


      For me, most of the music these days simply isn't worth buying. I download lots of stuff and most of it gets deleted within five minutes. Does this "try before you buy" make me a criminal? I don't think so, but RIAA lawyers would probably disagree. A society which would lock me up for two years for listening to an album then deleting it from my disk is truly a sick society.

      --
      No sig today...
    5. Re:When will they figure it out? by Anonymous Coward · · Score: 0

      "When will the large record companies, the RIAA, etc. figure out that music has evolved? "

      ARRRGH!
      This annoys me most of all.
      The methods by which recorded music is distributed has nothing to do with the music itself.

      "Music is digital now which means it can be transfered on so many formats that it is impossible for them to control who has what."

      NO!
      Music is art, the expression of people, a skill that takes time to perfect.
      That you have recorded music available on a number of formats is irrelevent.
      It still takes time and energy to create.
      It saddens me how much people equate music with recorded media nowadays.

      "Why were they not tracking down the millions of kids that did this in the 80's?"

      Because making a copy of a tape did not mean it would be distributed all over the world in a matter of days.

  25. also not criminal!=legal by Yvanhoe · · Score: 1

    I don't know the US legal system but from what I understood, every law transgression is 'criminal'. In most EU states, the 'criminal' label describes only the most serious violation. There are less serious violation, not called 'crimes' (I think you would translate it by 'offense') that are still illegal but the difference IIRC correctly is that you cannot be sentenced to jail for an offense.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    1. Re:also not criminal!=legal by growse · · Score: 1

      Rubbish.

      Some offences are criminal offences and others are civil offences. In the UK at least, they are tried in completely separate courts. You cannot be arrested by the police, or prosecuted by the crown for a civil offence. Examples of civil offences are: Copyright infringement, libel, trespass. All that can happen is that the person who has the complaint can sue you in a civil court.

      Not to mention that the methodology behind coming to a verdict is completely different in a criminal and civil court. In a criminal court, you have to be demonstrated to be guilty beyond reasonably doubt. In a civil court, you just have to argue that the percentage of blame that falls on yourself is 0. The judge may decide it's 35% your fault, 65% the other guy's, and award damages accordingly.

      Criminal and civil offences are completely different things - I imagine that one is perceived to be a crime against society/the state, whereas the other is a crime specifically against a particular person/group, who can then choose whether to sue you about it.

      --
      There is nothing interesting going on at my blog
    2. Re:also not criminal!=legal by InsaneGeek · · Score: 1

      Until the cost of the action is >$5k does it become a criminal case (or some physical, etc crime against an individual, others, and so on), prior to that it's a misdemeanor, or possibly a civil case (depending upon the circumstances). Also it depends upon what you claim as "jail", I'm sure that in most EU states if you are a drunken beligerent "football hooligan" you can goto jail to cool off and other such stupditiy, but I think that you were really meaning more like what we would meant to be sentences to a prison stay.

    3. Re:also not criminal!=legal by MrNougat · · Score: 1

      IANAL.

      No, the US legal system has criminal and civil courts as well. Remember OJ Simpson? He was found not guilty at the criminal trial, and required to pay damages of some large amount at the civil trial. The main difference is that criminal cases must be proved "beyond a reasonable doubt." Civil cases are decided on a "preponderance of evidence," which is much less stringent a requirement.

      --
      Web 2.0 == Giant Blogspam Circle Jerk
    4. Re:also not criminal!=legal by Anonymous Coward · · Score: 0

      So you're saying that a misdemeanor is not a crime? That's an...interesting theory that I wouldn't test out if I were you. While it's true that many misdemeanor suspects are given a summons, which is a non-custodial arrest (a promise to appear in court), it's by no means mandatory. You can be taken into custody for any crime whatsoever if the arresting officer deems it necessary.

    5. Re:also not criminal!=legal by Fastolfe · · Score: 1

      In the US, copyright infringement is entirely a civil tort. Meaning it's not "illegal" (it breaks no laws), but it does infringe on someone's rights, so you can be tried in the civil court system and be required to pay damages.

      There are some laws on the books, however, for certain extreme cases of copyright infringement, where you're doing some wholesale reselling of copyrighted works and the like, and you can be fined/imprisoned for that. The DMCA also makes certain infringement-related activities like circumvention of security a crime.

      But this is just the US, of course. Other countries may treat simple copying as a crime and put you in prison for it. You can't be imprisoned for civil torts in the US.

    6. Re:also not criminal!=legal by GigsVT · · Score: 1

      It's basically the same in the US. We stole most of the ideas from your court system anyway.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    7. Re:also not criminal!=legal by InsaneGeek · · Score: 1

      Umm... no, neither myself of the parent said that. If you re-read what I posted:

      I think that you were really meaning more like what we would meant to be sentences to a prison stay.

    8. Re:also not criminal!=legal by Anonymous Coward · · Score: 0
      Umm... no, neither myself of the parent said that.

      Yes, you said exactly that.

      Until the cost of the action is >$5k does it become a criminal case (or some physical, etc crime against an individual, others, and so on), prior to that it's a misdemeanor,

      You said it's not a "criminal case" if it's a misdemeanor. That's utterly wrong and dangerous.

      If that's not what you meant to say then be more careful next time.

  26. For all those who want to leave the US... by erroneus · · Score: 1

    ...but have no place to go, now you have a place to go!

    Run with the bulls and download music and movies!

  27. Re:The sad thing is...they wanted two years in pri by compro01 · · Score: 1

    all the CDs which end up as coasters because I dared to touch the mouse while it was recording, etc.

    how old is that burner that you don't have buffer-underrun protection? i haven't had a coater in 5 years due to a buffer underrun (liteon 482448s burner), though i have had a couple due to other factors such as the power browning/blacking out at bad times (i need to get a UPS) or the burning software crashing or whatever.

    --
    upon the advice of my lawyer, i have no sig at this time
  28. Who will stand up for the Spanish music industry? by MS-06FZ · · Score: 1

    When the musical artists of Spain cry out in anguish, suffering their poor fates, who will hear them?

    Who will aid these poor souls, the noble artists who wish only to create beautiful works of musical art?

    Who will avenge them upon the uncaring souls who insist on simply taking what they want?

    El Kabong, that's who! <ka-bong!>

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
  29. Re:Filesharing is theft. Plain and simple. by BeardsmoreA · · Score: 1
    I'm assuming you're going for comedy here, but it's really hard to tell... As far as a full on troll goes, you certainly succeeded in baiting enough replies :)

    If you're serious of course... hahahahahahhahahhahaharoflmao111!!!one

  30. Re:Filesharing is theft. Plain and simple. by Siberwulf · · Score: 2, Interesting

    While I know the parent is fake, and made up, I just caught this one line:

    They have fought the War on Drugs with skill, so why not the War on Piracy?

    And I have to ask... how well has that War on Drugs turned out?

  31. Re:Filesharing is theft. Plain and simple. by mstahl · · Score: 1
    They have fought the War on Drugs with skill

    You're serious? Really? I don't know where your christian rock only record store is, but here in the rest of the world the War on Drugs has been a catastrophic failure, resulting in widespread increases in drug use since the eighties. Drug-related and gang-related violence is also up, particularly in urban areas. My guess is that the reason why your business is down is because you grab customers by their shirts and call them little shits; whether he was going to put it up on Limewire later or not you lost a customer, and possibly several others who saw you do it.

    Your story is heart-wrenching, yes, but I'll tell one of my own. A few years ago I reduced my CD-buying to a minimum. Back in high school I spent at least half my paycheque every week on old and new CDs and vinyl and I worked as a deejay. I was good friends with the record store owner in my hometown, and I think that I was a good, regular customer. I could depend on him to always have what I was looking for and he could rely on me to be there every couple of days hunting down 7-inches and old 78s. My music collection achieved "ridiculous" proportions just before college.

    Then something happened. The RIAA started suing people, and at first maybe it was justified; people were stealing music and there's no way to get around that. But at the same time, something wonderful was also happening and they were putting a stop to it. I was able to seek out rare and interesting bands I'd never have a chance to find out about if not for the internet, and I would go down the street to the record store and buy up their singles and LPs. Most of the people I knew at the time did the same thing. Then the RIAA started suing 13-year-olds, grandparents, single mothers, basically extorting thousands and thousands of dollars from people who really couldn't afford it at all. The fees for infringement became ridiculous and the targets of lawsuits got even more ridiculous and I just stopped buying. Nowadays I add as little money as possible to their coffers (and that means as little as possible to yours, too, buddy) because every dollar I give to the RIAA has a good chance of assisting in the suing of some grandmother out there who doesn't even own a computer.

    So before you go around shooting your mouth off about how you're the victim, take a good look around and consider that you might be pointing your finger at the wrong villains here. You're losing your business, but we're all losing our popular culture and creativity at the expense of lining the pockets of RIAA lawyers.

    P.S. don't be a troll.

  32. Re:Filesharing is theft. Plain and simple. by mstahl · · Score: 1

    ugh I just duped a post, fed a troll, and probably made an ass of myself just now. It's too early here. *goes to get more coffee*

  33. try again, AC troll by krell · · Score: 1

    "Filesharing is theft. Plain and simple"

    Once we peel back the "plain and simple" affirmation, we find an entirely incorrect statement. It is technically and legally impossible to steal via p2p.

    "As a record store owner, My business faces ruin"

    Why say records when you mean CDs?

    "CD sales have dropped through the floor. People aren't buying half as many CDs as they did just a year ago"

    Where is the blame being helped in iTunes, which is NOT filesharing, but is definitely eating into your business? Also, did you ever think that your unwillingness to serve your customers is part of the problem? I bet there might be a Wal-Mart nearby that will sell someone a CD at 10:30 at night, but you are could not be bothered, so you open late and close early.

    "take yourself and your little bitch friend out of my store - and don't come back." I barked"

    I wonder what else is going on there, if this indicates your basic attitude toward customers.

    "Some people are offended by my blacklist system. I may have made my store less popular for pirates and sympathisers, but that's a sacrifice I'm willing to make to save my industry from destruction"
    BR> So, basically, you are the captain of a sinking ship. Not only is the ship sinking, but you are down in the bilges with an axe chopping holes in the hull so it will sink faster. Tell me, have you hung the big sign "F*** OFF, CUSTOMERS!" in the window yet, or is that going up next week?

    --
    Where were you when the voynix came?
  34. Re:Filesharing is theft. Plain and simple. by Gone84 · · Score: 1

    Yeah you little pricks! get the fuck out of my family oriented record store. If i ever see you dumb little bastards back in here i'm gonna sacrifice you bitches to the devil! and when's the last time you ever heard some teenager walk through a record store talking about how l33t he is because he's gonna "go right out and post this on the internet" smells like bullshit to me

  35. we fed the troll. by krell · · Score: 1

    We fed the troll, but I have seen attitudes like this expressed elsewhere, expecially with so-called "mom and pop" stores that have terrible customer service and rip you off and then whine and blame Wal-Mart when they have to close.

    --
    Where were you when the voynix came?
  36. Re:You just fell for the oldest troll in the books by vertinox · · Score: 1

    Had you been paying attention to slashdot for a while, you'll notice a copy and paste of a particular sob story about their CD store.

    I'd pull up the reference from the meme section on Wikipedia but someone has been busy merging articles and deleting information. *coughs*

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  37. Re:Filesharing is theft. Plain and simple. by Mister+Whirly · · Score: 2, Informative

    This is a totally old troll rant posted many times before. You all got suckered in again dammit...There is no record store people...

    See - http://apple.slashdot.org/comments.pl?sid=160324&c id=13420069 and http://yro.slashdot.org/comments.pl?sid=187189&cid =15444081 here and http://slashdot.org/comments.pl?sid=171333&cid=142 69664

    --
    "But this one goes to 11!"
  38. iTunes isn't piracy by TheNinjaroach · · Score: 1

    Maybe your customers aren't buying CDs OR pirating music. I'd bet there's a good chance they took their money online to iTunes or Napster. That's not piracy, it's just a newer and more preferred method of buying music. Besides they don't have to deal with asshole clerks at the counter, either.

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  39. tagged: by Anonymous Coward · · Score: 0

    pwn3d ... :)

  40. Outlawing private copies? by drew_kime · · Score: 1
    Justice Minister Juan Fernando Lopéz Aguilar says Spain is drafting a new law to abolish the existing right to private copies of material.
    I know this is just a tangential point in the article, but I sure wish there was some more detail about that. Are they really trying to say that there is no such thing as first sale any more? Will all copyrighted material become licensed, not sold, by law? This is wrong and unpossible[1] in so many ways, I can't even figure out what to argue against.

    [1] Not a typo.
    --
    Nope, no sig
  41. Loophole? You think the NET Act closed a loophole? by Anonymous Coward · · Score: 0

    Fuck man, that is either not well thought out or you are some kind of wingnut extremist. What the last minute adendum to the NET Act --and it was a last minute adendum to the original bill-- which you refer to did was to claim that transactions that were completely non-commercial should be considered . . . wait for it, yeah that's right --commercial!
            That is absurd. That is nonsense. That is assinine and that is currently the law of the land in the US and you're saying that Spain should then adopt this same absurd premise that non-commercial IS commercial. That would be some brilliant fucking advice. NOT.

  42. Okay, now how do I...? by Nom+du+Keyboard · · Score: 1

    Okay, now how do I get a Spanish IP address?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  43. Not quite true by Garabito · · Score: 3, Informative
    Even when a judge ruled p2p legal in that case, that doesn't rule p2p legal in general. This is because Spanish legal system is based on Civil or Roman Law, not in Common Law like the U.S. or Great Britain.


    In Common Law, this ruling would have made a precedent which other judges in further cases should follow. In the Spanish system, judges are only required to follow what is stated in written law; rulings for previous similar cases are used only as a guide, but are not mandatory.

    1. Re:Not quite true by Anonymous Coward · · Score: 0

      Almost right,

      what you have stated is right but you are missing a part of it. It is possible to apeal agains this ruling and the apealing court it a Superior court, meaning with more faculties and may rule against or not, and of course again that Superior rule may be again another apealing process and so on, until we got to the Supreme Court. And my friend, the Supreme Court decission will create a precedent which other judges in further cases should follow. Unfortunately, this process may take several years, but because of the nature of this case, I bet it will. Regards

  44. Re:Filesharing is theft. Plain and simple. by LividBlivet · · Score: 1

    Theft does not mean what you think it means.

    You are an idiot and a troll.

  45. Re:Filesharing is theft. Plain and simple. by genooma · · Score: 1
    This is a totally old troll rant posted many times before. You all got suckered in again dammit...There is no record store people...
    Of course there isn't, didn't you read the post? you bastards drove them out of business with all your downloading, murderers!
  46. Re:Filesharing is theft. Plain and simple. by RKBA · · Score: 1

    Yes indeed, "Christian rock" is practically flooding the torrent swarms and P2P traffic so badly that it's hard to find porn anymore. :-|

    (Just feeding the troll, LOL ;-)

  47. Re:Filesharing is theft. Plain and simple. by Anonymous Coward · · Score: 0

    Unlike CDs, it's harder to copy books over The Internet

    Ever hear of a scanner??

  48. Re:Filesharing is theft. Plain and simple. by Vitriol+Angst · · Score: 1

    Ford and GM aren't selling as many cars either, perhaps they need to crack down on those people buying Toyotas or the cheaper imports.

    I'd also like to make a $100k per year selling buggy whips, perhaps I can get the government to guarantee the success of my business model?

    I'd also like to make it illegal for people to share water. They must buy it from a legitimate bottler, otherwise they make it impossible for those hardworking water bottlers to make a living. Some people mix lemons and sugar in their illegitimate water and make a product that competes with the patented product from Welch's. It's absolutely theft.

    Once we solve that, we have to get after the parents who tell children stories -- those are copyrighted works, so reproducing them, however inexpertly, is infringing on copyright.

    --
    >>"ad space available -- low rates!!!"
  49. Re:Filesharing is theft. Plain and simple. by Anonymous Coward · · Score: 0

    "I think people don't buy music because they found other things to be interested in. "

    The other reason is that piracy has made it no longed viable for people to invest in musicians and bands.
    So the average budget for an album is about a tenth what it was in the early 80's.
    The result of this is that the quality of the music and recordings has dropped.

    I just got back from seeing a record company. I produced and recorded an album for an artist last year.
    It got great reviews in the national press, loads of airplay, and I get people coming up to me all the time saying that they love it. None of them bought the thing, and I know that as I have the sales for all the shops in my city.

    Total copies sold: 600. It's not even covered the cost of artwork, pressing and dinner to celebrate the release.
    So that's it. I can't afford to do this for nothing, and neither can thousands of other people.
    The only music you are going to get from now on is from the big record companies, as they make their money from their artists in other ways than direct music sales.

  50. There are different levels in Finnish legal system by Anonymous Coward · · Score: 0

    Yeah, that's true about the sentences in that finnish case, but you got to understand there is three levels in finnish court system. They were convicted in the lower level where you usually argue about speeding tickets and such. If somebody is not satisfied with the judgement then the case will go to higher level where way more things are taken into consideration until it is judged what the consequences are. So, that this case will go to higher law system and it might happen that the case is dropped.

  51. Re:Filesharing is theft. Plain and simple. by Jehosephat2k · · Score: 1

    In Soviet Russia, CDs pirate YOU!

  52. downloading or sharing? by Anonymous Coward · · Score: 0

    So much has been said about illegal sharing of music and movies, yet still people seem to confuse the two separate terms "sharing" and "downloading".
    Sharing is one thing and downloading is another. In some countries downloading isn't a crime against humanity (as RIAA would like us to believe), but sharing is (not against humanity anyway). One news story I saw lately, was about how police arrested 10 or so people for "pirating" movies and music and that they even confiscated a dedicated ftp server, however no-one accually said, that all of those arrested were sharing their music, not just downloading it. In Poland it's forbidden to share copyrighted material, but law doesn't say anything about downloading so you can use rapidshare or even p2p clients, as long as you have sharing disabled. Still, even popular news sites (some of which have mixed opinion on sharing) post articles clearly stating, that downloading mp3's will get you in jail. So please note the difference between sharing and downloading, because sometimes is a big one.

  53. Quickdraw reference for the win by Anonymous Coward · · Score: 0

    This brought a smile to my face. :)

  54. Re:Filesharing is theft. Plain and simple. by Anonymous Coward · · Score: 0

    To everyone replying to the parent post. STOP IT!!!
    This is posted on almost every /. story regarding music downloading. I only saw a reply to the parent post and that reply did not have much information but I could tell exactly what he was replying to.

    This is a classic /. troll that has been around for years and you all are falling for it again.

  55. What of the scientists ? by quiberon2 · · Score: 1
    In the UK, Tony Blair is encouraging children to become scientists becuase not enough are, and he thinks the future depends on it.

    Scientists need to be able to access the work of those who have gone before, collaborate with their contemporaries, and publish their works so that others may build on them.

    In fact, many scientists are paid according as how many references their publications get.

    In this sphere, being obstructive like saying 'file sharing is illegal' is not going to allow progress to happen.

    So, I understand the point about the commercial music sellers. But please understand that commercial music is a luxury; I might spend spare money on it, or I might not.

    But please figure that not all human endeavours are helped by locking down the Internet so that it can't be used.

    1. Re:What of the scientists ? by eklitzke · · Score: 1

      Um, I'm not sure what your comment had to do with the article.

      Also, you generally cannot download scientific/mathematical papers free of charge. Yes, the papers on arxiv.org are free, but most journal published papers are not, and in fact subscription to mathematical/scientific/technical journals tend to be very expensive. To put this in perspective, an electronic subscription to the 2007 AMS journal will set you back $155 (link).

      --
      #include ".signature"
  56. Euros by Snaller · · Score: 1

    There is a Euro sign infront of the number (if you can't see that, time to upgrade your browser ;)

    The Euro is the name of the currency the European Union is trying to make the common currency of europe. Many countries are in the process of getting rid of local currencies in favor of the Euro.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:Euros by Anonymous Coward · · Score: 0

      I suppose you already know that, but since 2002 Euros are the only common currency for 12 european countries.

  57. depends on how much you pirate by I'm+Don+Giovanni · · Score: 1

    Depends on how much you infringe.
    If you pirate more than $1000 worth of copyrighted works during any $180 day period, then it's criminal. Otherwise it's civil.
    See
    http://www.usdoj.gov/criminal/cybercrime/17usc506. htm
    http://www.copyright.gov/title17/92chap5.html#506

    --
    -- "I never gave these stories much credence." - HAL 9000
  58. 470,000 euros for admining, not file sharing by Anonymous Coward · · Score: 0

    The Finns who were fined an assload of money were admins of a popular torrent tracker (Finreactor). They got busted in late 2004. People who were charged only for uploading (not admining the tracker) were acquited, mainly because it was hard to prove what and how much they uploaded.

    1. Re:470,000 euros for admining, not file sharing by Anonymous Coward · · Score: 0

      One correction: they were only fined a couple of hundred euros, but the half a million euros were damage and legal costs payments to various organizations.

  59. Re:Filesharing is theft. Plain and simple. by Pig+Hogger · · Score: 1
    As a record store owner, My business faces ruin. CD sales have dropped through the floor. People aren't buying half as many CDs as they did just a year ago. Revenue is down and costs are up. My store has survived for years, but I now face the prospect of bankruptcy. Every day I ask myself why this is happening.

    ...

    Every day, fewer and fewer customers enter my store to buy fewer and fewer CDs. Why is no one buying CDs? Are people not interested in music? Do people prefer to watch TV, see films, read books? I don't know.

    Well, have you given the thought that when people drag their arses into your emporium, and see that you're charging $20.00 for a handful of songs, and that for about the same price, they can get a good movie DVD?

    When they see that, the people think "what a fucking rip-off" and they go out without getting the music.

    This is what I do; now, I borrow CDs from friends or the library and copy them on my server at home. Right now, I have almost 4000 songs there, and I may have paid for about 60 of them; that's when I used to be a sucker that paid $20 for a CD, but I know better now. I haven't bought a CD in about 7 years, and whenever I thought I bought it, I cringe at the utter waste of money.

    I was fuming. So they were out to destroy the record industry from right under my nose? Fat chance. When they came to the counter to make their purchase, I grabbed the little shit by his shirt. "So...you're going to copy this to your friends over The Internet, punk?" I asked him in my best Clint Eastwood/Dirty Harry voice.

    "Uh y-yeh." He mumbled, shocked.

    "That's it. What's your name? You're blacklisted. Now take yourself and your little bitch friend out of my store - and don't come back." I barked. Cravenly, they complied and scampered off.

    And you wonder why your store is deserted? If you treat your customers like criminals, well, don't be surprised if they desert or "rip you off"...

    You just proved to the kids that downloading pirated songs is much less a hassle than facing a grumpy hardass record store owner.

    One day, you will have to do what all senseful anglo-saxons do, and accept responsibility for your actions.

    12 years ago, you bought into a losing industry, which makes you a loser.

    You have only yourself to blame.

    And your imminent bankrupcy is well-deserved, if only for your hardassness.

    I could go on, and on, but I have some borrowed CDs to copy.

  60. Important detail about the case by rg3 · · Score: 1

    It must be noted that, while the sentence mentions "sharing", it doesn't mention P2P networks or anything. Moreover, what this guy did was to contact other people on "chats" (I don't know if he was using MSN or IRC or some other thing) and he was exchanging files with other people he met through email messages and normal mail (yes, they were sending CD copies to each other). This might have affected, I suppose, the outcome of the case.

    In the newspapers yesterday they mentioned what's described in TFA, but today we were delivered the other side of the story, with the RIAA-equivalent organizations saying this doesn't set a precedent and that it was not very important due to the facts mentioned above. Nor that I agree with them or something, but it's nice to have both sides of the story and full information about what the guy was actually doing.

  61. File Sharing != Illegal Copying by Anonymous Coward · · Score: 0

    ffs, why must people persist in using "file sharing" and "illegally copying copywrite material" as synonyms? It's like saying that "driving a car" == "breaking the speed limit". Yes, you *can*, potentially, choose to do illegal stuff with file sharing utilities, just like you can, potentially, choose to break the speed limit when you drive your car. But that does not mean that one implies the other!

  62. Dust out the garage... by Nefarious+Wheel · · Score: 1

    ...I think people are going to have to go back to making their own music again.

    --
    Do not mock my vision of impractical footwear
  63. Recording industry by Dominique_libre · · Score: 1

    The structure of the recording industry have changed under the last decades. Almost every one today can own the recording equipement, so what is important to those few companies is to own the legal rights on the recorded piece of art. When our politician will give away the rigth for the people to do private copy, as in Sweden today or maybe in Spain tomorrow, they just sign a blanck check to those companies and don't give a dime for the rights of their own people. Hoppefully, many musicians understand that much better as our politicians and we have today more and more independant recording labels. The future of the recording industry is with those independant labels. See http://www.iaspm.net/recordingindustry.htm for a briefing about the recording industry structure and http://www.matcallahan.com/ The Trouble with Music for the point of vue of an artist:

    "Making music is a process as old as the human species,which means that if the music's in trouble because humanity as a whole is in trouble. The Trouble with Music speaks to those troubles and it maps a way out. It's invaluable."

    "Like the replacement of essential nutriment by junk food, music lovers are expected to surrender their critical faculties and consume the phony McMusic that can be more effectively controlled and profitably sold than the genuine article..."

  64. Re:Filesharing is theft. Plain and simple. by Anonymous Coward · · Score: 0

    lol, it's amazing how you got so many replies, since that troll is older than my grandma.. even i (occasional /. lurker) have seen it posted in numerous riaa related stories..

    quite funny though ;)