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Why Web Pirates Can't Be Touched

gwoodrow writes "Forbes has a brief article about, essentially, the ultimate futility of fighting online pirates. From the article: 'As the world's largest repository of BitTorrent files, ThePirateBay.org helps millions of users around the world share copyrighted movies, music and other files — without paying for them ... That's illegal, of course — at least it is in the U.S. But when Time Warner's (nyse: TWX — news — people ) Warner Bros. studio accused them of breaking U.S. copyright law in 2005, the pirates gleefully reminded the movie company that they didn't live in America, but rather in the land of vikings, reindeer, Aurora Borealis and cute blond girls.' The article also touches on the many YouTube clones and AllofMP3.com."

15 of 402 comments (clear)

  1. Article is flawed. by Hobbs0 · · Score: 5, Insightful

    It assumes that copyright law around the world will not eventually be in line with U.S. copyright law as per the wishes of the *AA

    1. Re:Article is flawed. by owlnation · · Score: 5, Insightful

      It assumes that copyright law around the world will not eventually be in line with U.S. copyright law as per the wishes of the *AA
      No, the article is correct - it's your understanding of international law and macroeconomics that is flawed.

      Firstly, the US's version of copyright is more the exception than the rule.

      Secondly, The *IAA is an American organisation but not all its members are in fact American Corporations. Fair use in Germany (where Sony BMG is based) is much more genuinely fair than in the US, BMG has never managed to change that.

      Thirdly, if you want to examine legal parallels for international Internet law then you should look at the development of international Maritime Law. After millennia of shipping technology being available, and the finest legal minds in history having examined the problems, there is no international standard Maritime Legal system.

      Yes, there is broad agreements and treaties between many countries, but there are just as many disagreements and disputes. There are rogue nations, and there is still real piracy.

      The *IAA needs to understand that while the preposterous US copyright laws protect them in that country, they have already lost the War pretty much most other places. And those of you who are American here, need to wake up and realise that your laws are designed to protect you and your interests, not just your country's business interests. You need to take your country back from the Corporations. Your Founding Fathers were wise people with a pretty good understanding of human nature. 14 years is enough copyright for anyone.

      The DMCA, is a law that steals from most American citizens, and penalizes no-one outside your borders. The DMCA hinders your economy, because without it your *IAA industries would need to adapt to survive - and they do have the means and technology to successfully adapt and survive in a manner that allows you value and fair choice.

  2. Exsqueeze me? Baking Powder? by SpiritusGladius1517 · · Score: 5, Insightful

    FTA:
    From June to October 2006 alone, the Recording Industry Association of America says that 11 million songs were downloaded from the site. AllofMP3 claims those sales adhered strictly to Russian law, but that doesn't satisfy the RIAA; the record labels have launched a lawsuit, asking for $150,000 for each stolen file, totaling $1.65 trillion.

    I'm sorry, did they say $1.65 trillion? The RIAA is off their rocker for sure. That much money is going to have to involve a war.

    --
    If the women don't find you handsome, they should at least find you handy.
  3. Don't take this the wrong way by zappepcs · · Score: 5, Insightful

    But could you please justify and explain the statement you made: "You did deprive them - of money."

    Please cite your references and explain any statistics quoted in your explanation. Please also quantify how much money the **AA have been deprived of by TPB. Please do this so that we can forevermore trust that the **AA member companies declining revenues and train-wreck-about-to-happen business model is doomed because of TPB and others like them.

    If you can prove that this is driving the **AA member companies out of business beyond any doubt, I will start downloading music and movies illegally to help ensure a quick end to the **AAs of the world.

    Thank you

  4. Re:Please everyone: by njchick · · Score: 3, Insightful

    Just admit you're murdering. I would have so much less a problem with it if you didn't go down the "being an jerk is not murder since I didn't deprive anyone of life". You did deprive them - of years of happy life. If at least you'd admit it, I wouldn't care so much. It's just the stupid logic you guys use that is so infuriating.

  5. Re:Exsqueeze me? Baking Powder? by allscan · · Score: 3, Insightful

    Surely two countries have gone to war for less than $1.65 trillion. On a side note, let's not forget that Russia has oil. [and don't call me Shirley]

  6. Go RMS on them. by SanityInAnarchy · · Score: 3, Insightful

    RMS is a bit rabid for my tastes, but he does make a point to be precise about language, and refuses to talk to people who won't be similarly precise.

    So: It is NOT theft, or stealing. It is copyright infringement.

    --
    Don't thank God, thank a doctor!
  7. typo? by teh_chrizzle · · Score: 4, Insightful

    you typed this:

    It assumes that copyright law around the world will not eventually be in line with U.S. copyright law as per the wishes of the *AA

    you probably meant to type this:

    It assumes that copyright law around the world will not eventually be in line with U.S. copyright law thanks to all the money paid to american lawmakers by the *AA

    it's a pretty common mistake, those keys are so close together. i accidentally type that all the time.

    --
    sarcasm:
    -noun
    1. harsh or bitter derision or irony.
    1. Re:typo? by iminplaya · · Score: 5, Insightful

      Oh. Do you think these laws were passed on their merits? Is there any evidence of that? What is the possible merit of extending copyright to 75 years after the creator is dead? Or DMCA? Do some research and prove him wrong if that's what you believe. There are some things that are fairly obvious in their own right. You're asking him to prove that the sky is blue or water is wet. And the mods get pretty defensive if anyone dares point out how ugly the truth really is when spelled out in an easy to understand fashion. So the bar is still fairly high.

      --
      What?
  8. Re:Biased article, but what can you expect from Fo by Cadallin · · Score: 3, Insightful
    The Straw Man is that the Artists would actually be paid when people bought the CDs. They aren't. Especially not the ones who aren't already millionaires. The Millionaire artists are the only ones who can negotiate a contract to actually be paid.

    Artists are really caught in the middle at this point. The organizations that claim to represent their interests have violated the public trust and the public interest, by extending copyright into perpetuity. They have thus destroyed the basis on which copyright is granted in the first place. The social contract is broken, and thus, natural rights take over. The natural right of free speech. This is not a case of not liking their distribution license, they have cast off the right to even bargain such points. Artists must (and many are) divorce themselves from the organization that have created this situation if they wish to regain legitimate right to copyrights. For it is now broken.

  9. Re:Please everyone: by Knara · · Score: 4, Insightful

    It's not pseudo intellectual. Theft requires you to actually take something from someone, and deprive them of the use of that thing. "Piracy", as it is today online (and perhaps incorrectly termed), is making an exact copy (or, frequently, an inferior copy; if it was superior I think that's called "competition") of something.

    Now, let's use the slashdot car analogy. If you made a car, and then I came along with a technology that can exactly (or almost exactly) produce a copy of that car by pointing a little device at it, result would be that you have a car and I have a car that looks almost, if not exactly, like your car. I haven't deprived you of anything, so it isn't theft.

    This is of course why the legal fiction of "intellectual property" has become such a hot topic in the last 10 years or so. The feeling is that if I made something, under the "old" commercial system, in order for someone else to get that thing (during the tenure of my patent or copyright), someone must pay me for it since I am the only one who knows how to do it, has the equipment to do it, employ the people who have the knowledge to make it, etc. But now with digital things, anyone with the proper tools can make a copy and not have to pay me for it. Now, while that must suck, I've yet to understand why people feel entitled to make money from "stuff" they have. Enter DRM, which attempts to make people unable to make their own from "my" original. The result of this is the folks that put images on public webpages and then get mad when people copy them straight from the webpage (now, the cases where someone takes a piece and represents it as their own original work fall under copyright, which I tend to be more sympathic to, but wish the Sonny Bono Act never happened; plus that's just lame), leading to all those silly Javascript tricks on images to try and prevent right-clicking.

    Sure, in an ideal world we'd all make little things and buy them from each other, and all would be well. However, that's not how it works in the world of digital stuffs. The artificial scarcity that makes physical goods producers able to (to an extent) manipulate their asking prices is, by the nature of the medium severely limited. Yet, online content producers find ways to make respectable livings without silly DRM schemes. The key is, of course, to offer something people want at a price they are comfortable paying. There's lots of ways to do this. However, pricing Photoshop at $700 for a single license (and wondering why everyone and their brother copies it instead of buying it) probably isn't the best way to do it (for one example).

    In short, no, it isn't theft unless you change the meaning of the word. Like the pony express, if a company can't adapt their business practices in the face of new technology, they're gonna go out of business. No one is entitled to a profit.

  10. Re:Please everyone: by ASBands · · Score: 3, Insightful

    The problem is that there is absolutely no proof that file-sharing decreases revenue at all. Rolling Stone published an article that showed those who file share are more likely to spend the most money on music (not CDs in particular, but concerts, band t-shirts, etc.). I, for one, would not be such a huge Dream Theater fan if my friend hadn't of burned me a copy of Train of Thought to introduce me to the band. I downloaded a few songs off their CDs and now I am a proud owner of every single album and anxiously awaiting Systematic Chaos. There are tons of bands that people have introduced to me this way and I have spent tons of money on music and I'm sure I will continue to do so. And yes, I encourage people to buy music or attend concerts if they like the band.

    --
    My UID is a prime number. Yeah, I planned that.
  11. Unauthorized Copying Is Not Piracy by ccherlin · · Score: 4, Insightful

    Let's be absolutely, one hundred percent, crystal clear about one thing: Unauthorized copying is not piracy.

    What is piracy? Piracy is when someone takes goods, that are legally protected by property rights, and that are being transported from one place to another, without authorization from the owner of the goods, depriving the owner of those goods from their use and economic value.

    What is unauthorized copying? Unauthorized copying is taking a pattern of information that is legally protected by copyright and is fixed on a physical substrate, and creating a similar or identical pattern of information on another physical substrate, without permission of the copyright holder, in a manner that does not have a statutory exemption from copyright protection. (Whew!)

    As you can see, these things are quite distinct from one another. I don't believe that they are even comparable. The use of the term "Piracy" to describe "Copying a protected work without permission of the copyright owner" is misleading, pejorative and dishonest.

    Whether or not you support actual physical piracy (yarrrr, matey) and whether or not you support unauthorized copying, if you want to have an honest debate you should use correct terminology.

  12. Re:Please everyone: by meringuoid · · Score: 4, Insightful
    Unless of course, you don't mind if I stop at your house while your out and grab all the stuff you weren't using anyway?

    I'd rather you didn't take it. That would be stealing.

    However, if you come by and wave a magic wand and create yourself exact duplicates, it wouldn't bother me.

    --
    Real Daleks don't climb stairs - they level the building.
  13. If only information were like manufacturing... by Mahjub+Sa'aden · · Score: 4, Insightful

    You are completely correct in that information is the new currency. But the United States is wrong in how it deals with that currency.

    Manufacturing has always been plagued by scarcity. For instance, in the US and Canada and Europe, there's a scarcity of cheap labour. So stuff that can be sent overseas is sent overseas. But overseas, there's a scarcity of knowledge in areas of research, development, automation, and quality control. So anything that is heavy on those things either have a heavy knowledge and personnel export, or they are kept at home.

    My background is manufacturing in Canada, and I can tell you this: typical tool and die, mould-makers and other rather simple (comparatively) stuff is going to China and India, and complicated, highly technical, highly automated products like aerospace are staying here. In fact, traditional trades are slowing right down, but aerospace is absolutely booming in Ontario.

    The problem is that information has no such scarcity and flows easily away. Whether this information is media or trade knowledge. While we may have the cultural upper hand right now, and while we may have the automation and quality control upper hand right now, information like that won't take long to get to China and other low-wage regions.

    So in all their wisdom, our lawmakers have collectively decided to stop that flow as best they can. Whether they can stop it is yet to be seen, but from what I can see, it's doomed to fail. Or, put another way, artificial scarcity is just that: artificial and easily overcome.

    --
    What is is all that is. Isn't that obvious?