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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."

28 of 402 comments (clear)

  1. That's because... by u-bend · · Score: 5, Funny

    ...there aren't enough experienced online ninjas.

    --
    u-bend
  2. 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 WED+Fan · · Score: 4, Funny

      Put down the bottle, man. What the hell does Alcoh...al..alcho...boozers anoni...anon..an...dammit, what dows AA have to do with copyw...copir...copyrit...that stuff anyhow?

      --
      Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
    2. 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.

  3. obviously... by porkmusket · · Score: 5, Funny

    ...it's because they all listen to MC Hammer. Without DRM, of course.

  4. Where? by jimbo3123 · · Score: 4, Funny

    the land of vikings, reindeer, Aurora Borealis and cute blond girls.'
    North Korea?

    --
    There should be a moderation category "Dumbest Comment EVER"
  5. can't the submitter by Anonymous Coward · · Score: 5, Funny

    at least remove the stock ticker info when copying?

    1. Re:can't the submitter by LordLucless · · Score: 4, Funny

      Dude, it's an article about web piracy. He's just practicing what he preaches.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  6. huh? by Vexorian · · Score: 5, Funny

    The pirates were living in the land of vikings
    Shouldn't the vikings do something ?

    ....

    Should I point out thepiratebay doesn't really host any copyrighted material or did that argument get old already?

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    1. Re:huh? by WED+Fan · · Score: 4, Funny

      Shouldn't the vikings do something ?

      Have you ever been to Minnesota? It's not like they have anything going on at the moment. I heard they were planning to invade Wisconsin, but then someone mentioned a problem they had with lactose, so it was called off in favor of a quilting bee and a curling contest.

      Minnesota, more Canadian than Canada.

      --
      Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  7. Readable version (i.e., no obscene amount of ads) by Anonymous Coward · · Score: 5, Informative

    "Printer friendly" version.

    It's also much more eyeball-friendly.

  8. 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.
  9. 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

  10. I'm moving by aegisalpha · · Score: 5, Funny

    "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."

    I'm moving. Vikings, blonde girls, AND pirates? Irresistible!

  11. Biased article, but what can you expect from Forbe by whoever57 · · Score: 5, Informative
    For example:

    The music-selling site AllofMP3.com uses a simpler business model: Base your company in Russia, steal music from American labels and sell it cheaply. AllofMP3 allows users to download full albums for as little as $1
    The whole point of, and the reason the RIAA has not been able to shut it down, is that it is not stealing -- in any sense of the word. Firstly, the owner is not deprived of the work and secondly, AllofMP3 apparently operates within the legal framework of Russia -- in other words, it has a license to run its business model that way. The use of the word stealing is inflammatory.
    --
    The real "Libtards" are the Libertarians!
  12. Thank you! by Anonymous Coward · · Score: 5, Funny

    Thank you Forbes! I didn't know about "sites like Alluc.org, VideoHybrid.com, Peekvid.com, TVlinks.co.uk and YouTVPC.com"!

  13. How does Forbes get away with it? by HollowSky · · Score: 5, Interesting

    Okay, TPB doesn't host any pirated content, it merely points to pirated content. The *AA contends that's still bad. Whatever.... But what about Forbes? They just told me about all these other sites I didn't know about. Forbes just provided me a directory to illegal content. Doesn't that open them up to lawsuits? Journalistic freedoms don't apply when aiding a "crime?"

    --
    "You're not balancing your internal energy with the environment." -Gary Busey
  14. No they don't. by pavon · · Score: 4, Informative
    Did you RTFA or just the summary? From the article:

    But there are more practical reasons that sites like Alluc.org get away with what they're doing. One is that there are simply too many of them to keep track of. Media companies' lawyers rarely have time to police so many obscure sites, and even when they do, users can always upload the infringing files again. So the flow of copyrighted streaming video continues. These particular companies are centered in the US and Forbes stills argues that they will never be able to stomp them out entirely.
  15. 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?
  16. Re:Biased article, but what can you expect from Fo by Abcd1234 · · Score: 4, Informative

    However it's not actually stealing. It's copyright infringement.

    No. It's not. In Russia, the law allows allofmp3.com to operate by making use of a compulsory licensing scheme, not unlike what the copyright board wants to foist upon internet radio (though, in that case, the costs are absolutely outrageous, and intended to shut operators down). So, allofmp3.com pays some fee to the Russian copyright whozits, and thus they are allowed to operate legally. Calling this "stealing" or "copyright infringement" is plain and simply wrong, and author of the article is clearly showing their bias by reporting it as such.

  17. 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.

  18. Re:Please everyone: by Knara · · Score: 5, Interesting

    Gotta love frothing rants in response to well-reasoned arguments, but I'll respond in spite of it.

    oh please... you are missing out the description of your brave new world business model. Where nobody gets paid for creating ANYTHING that can be easily copied.

    I suspect that you've deliberately misunderstood and are intentionally misrepresenting my statements, since I didn't write that. However, if you make paper airplanes and try to sell them, should no one else be able to make copies of your paper airplane?

    Do you have ANY idea how much work is involved in making something like Photoshop, or The lord Of The rings? or Halo? Why the fuck is anyone going to spend any money on making entertainmnt if it can be freely copied without compensation?

    Because by and large consumers like to pay for the Real Thing. This is the idea behind the Windows Genuine Advantage bit, though obviously it was clumsily implemented. If you have a shitty product, no one is going to buy it. Should we be also legally guarantee that if someone makes something, they will get revenue from it, even if it sucks?

    Lord of the Rings cost a ton to make, but also made a hojillion dollars in merchandising, home video releases, etc. Why? Quality product and merchandising that consumers wanted, and it was all sold at a price they wanted to pay. Photoshop may indeed cost a lot to make, but it's obviously not sold at a price consumers want to pay. Adobe's answer to this, it seems, was to make Photoshop Elements. PSE is up to version 4.0 I think, so it at least hit some sort of pricing sweet point.

    let me guess, you dont care, because like most copyright infringers, you dont make creative content for a living, and are just loving the excuse to take other peoples work for free arent you?

    Ahh, strawmen. I make plenty of creative content. Don't make much money from it, but I do make it. But let's apply this to a well-known set of intarwebs content creators: Gabe and Tycho of Penny-Arcade. They're on record (as a matter of fact in writing at the back of their first hardcopy collection, of which there are 3 so far, and I've bought all 3 because of the added value in buying them at a decent price) as saying that hiding your content from your users because you're afraid they'll take it is kinda silly (which I tend to agree with, and why I think the subscription based Modern Tales group goes about the whole thing the wrong way - and why I think PVP's add-on animated subscription featurettes are a great idea; you get the meat for free, and if you want the dessert you shell out a little cash for it). PA was once in dire straits due to the ad network collapses and the loss of revenue thereof. They didn't have the financial resources to go down the failing route of the RIAA and MPAA, instead they adapted and are thriving to this day. None of their strips require you to pay for them, and there's no silly DRM preventing you from doing Save-As on a strip. Even so, people pay cold hard cash to get their books and their merchandise. Why? Cuz they know how to make what their target audience wants and what price their audience will shell out for extra stuffs.

  19. 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.

  20. Re:The land of the free. by fmobus · · Score: 4, Informative

    Being Brazilian, I would say this holds for Spanish-speaking countries in Central/South America: they mostly refer to someone from USA as estadunidense (something like "unitedstatesian"), and to the country itself as Estados Unidos (they don't say "America")

    For us, Portuguese-speaking Brazilians, someone from USA is americano (but some communists-wannabes insist on estadunidense) and the country is Estados Unidos.

    For the same reasons posted elsewhere in this thread, I prefer "american" over "unitedstatesian". Usually there will be enough context to tell USA from the American Continent, e.g. "Americans wages war against Iraq": we ALL know we're talking USA govt here. Another similar example is United Arab Emirates. "Unitedarabs"? "Emiratians"? "Emirarabs"? I'd stick with "Arabs", even thou it would conflict with other Arab nations.

    Language's choices of words sometimes depends more on "soundness" than accurate semantics. That's why we say "South-Korean" instead of "Korean-republicans" and "North-Korean" instead of "Korean-democratic-republicans". I'd also guess there's a good bit confusion regarding demonyms for French Guyana and Guyana, but I lack precise information.

  21. 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.
  22. 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?
  23. Re:Please everyone: by Knara · · Score: 4, Informative

    Of course I am! Spending money doesn't guarantee success (see Mission Earth for a good example) But name a blockbuster movie that DIDN'T involve a billion-dollar budget.

    Give me a definition of a blockbuster. Is Clerks a Blockbuster? It's made well over 1000% of its production cost (~20K to make, financed on credit cards, grossed boxoffice of around $2 million and that doesn't even come close to its total profit to date from home video and merchandising). I can't even name a movie that had a billion dollar budget in adjusted dollars.

    Sure can. China has over a BILLION people. China also has crap for Intellectual Property law. Are you going to tell me that despite having 5 TIMES the population of the United States, that a decent movie idea hasn't come out of there? And, perhaps you could tell me where the epicenter of the large, booming Chinese movie industry is?

    Wow, talk about missing the mark with your example. First off, the Chinese movie industry is pretty extensive considering that a huge percentage of their population is essentially living in third world conditions. Secondly, the means of distribution are severely limited in terms of venues due to little things like censorship review boards. Third off, China has been through several social upheavals in the last 100 years that have turned their society upside down, not to mention having had many art forms (at the least) suppressed. Piracy is waaayyyy down on the lists of factors that keep China from making "Armageddon".

    Where's the Chinese version of the Matrix? Their movie industry is weak and pathetic.

    Aside from the fact that a ton of the conventions used in the Matrix came from chinese and japanese cinema, it seems that you equate "expensive and pretty" with "good". China has lots of good movies, they're just not massively expensive to make. Furthermore, the Matrix really didn't break new ground in terms of movie making aside from Bullet Time. In terms of plot and cinematic ideas, the basis goes back to 19th century philosophy, if not further (i.e. Plato's Cave). Not to mention that the Wachowski brothers deliberately based the visual look on Ghost in the Shell (making the conceptual designer watch the GitS movie and say 'we want it to look like that' - literally).

    No, but later in this post you imply that very strongly when you write: Anyone can make anything, but they are not and should not be entitled to make money from it. What part of my "straw man" argument is not well supported by a statement like this?

    I said they are not entitled to make it. Entitlement means that simply by making something, they *entitled* to make money off it. If I make a little doodle and put it on a website, no one is obligated to pay me anything for it. I can *try* to make money off it, but I probably won't. That is the difference. I didn't say everything should be free, I said no one should be entitled to profit.

    Pay close attention: Copying copyrighted materials in an infringing way reduces the likelyhood of a purchase of that material. In an indirect way, such activities take away the profit potential of said created material. I know it's a very difficult concept for you to understand, and that's why words like "idiot" come to mind. Sorry you're taking it personally. Feel free to call me a "shill" or something if it makes you feel better.

    You seem to be a person who has a hard time controlling their temper. Unfortunate.

    Your reasoning is questionable. By that same thought process, I can argue that competition is theft, since they take away the potential profits of a creator. I'm pretty sure that Microsoft would like this to be true in, say, the realm of IIS vs Apache.

    Because they created it. It's theirs. We want to encourage more to be created so we all have something to enjoy. I like good quality software, (like Linux, OpenOffice, KDE) good quality books (Arthur C. Clarke, Larry Niven, et