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TorrentSpy Ordered By Judge to Become MPAA Spy

PC Guy writes "TorrentSpy, one of the world's largest BitTorrent sites, has been ordered by a federal judge to monitor its users. They are asked to keep detailed logs of their activities which must then be handed over to the MPAA. Ira Rothken, TorrentSpy's attorney responded to the news by stating: 'It is likely that TorrentSpy would turn off access to the U.S. before tracking its users. If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise.'"

295 of 372 comments (clear)

  1. well by Dance_Dance_Karnov · · Score: 4, Insightful

    now no one will use torrentspy. It never ceases to amaze me how hard some people will try to put the genie back in the bottle.

    1. Re:well by LiquidCoooled · · Score: 2, Insightful

      The problem is people will continue to use it.
      New people discover filesharing every day and how would they know about this ruling?

      The other possiblity is that people will just not hear about the news, you could post it on slash everyday (it probably will actually...) and there would always be people who won't have heard.

      --
      liqbase :: faster than paper
    2. Re:well by magores · · Score: 1

      Some of us don't live in the US, so they could track us all they want. It wouldn't matter.

    3. Re:well by Tassach · · Score: 4, Insightful

      New people discover filesharing every day and how would they know about this ruling?
      The same way they discovered filesharing in the first place -- word of mouth.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    4. Re:well by Faylone · · Score: 3, Insightful

      Except if you live in australia

    5. Re:well by noddyxoi · · Score: 1

      In corporate america torrents download you.

    6. Re:well by BakaHoushi · · Score: 4, Funny

      In my professional opinion (I.E. 20 minutes in front of Wikipedia on the subject), if you're an Australian, and the MAFIAA demands to see you in court, send them a "gift basket" of some of your local flora and fauna, wink wink, nudge nudge. Maybe a couple of scorpions, a rabid koala bear, and a few dozen blue mountain spiders.

      If they try to get you for this, what are they going to do, come after you? To the land where those animals CAME from? I don't think so.

    7. Re:well by cshake · · Score: 3, Informative

      Example: A friend of mine sets up a DC++ hub on our college campus to get around the off-campus bandwidth caps. Entirely through word of mouth, we have 20TB and 200 people at any given time logged in. (out of 3500 students). Everyone who shares any decent amount and/or can call themselves a geek is on it.

      The new content is provided by those of us with accounts on private sources, such as newsgroups, ftp, or private torrent sites. It's also provided by the incoming freshman class each year that has new things to share. We've provided for at least 80% of the campus' filesharing needs.

      There will always be ways around any specific source that gets nerfed.

    8. Re:well by uberCHIEFTAIN! · · Score: 1

      you mean people actually used torrentspy?

    9. Re:well by Viper+Daimao · · Score: 1

      my college had one of those too when i was in college. That is until some idiot CS major decided to ssh into a campus computer and access the network from there and transfer a few gigs to his offsite computer. Of course ITS found out about it after that and shut it down. It was sweet while it lasted. So fast too.

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    10. Re:well by magores · · Score: 1



      Wanna buy a DVD cheaper and quicker than it takes to download? With bad subtitles and/or subtitles from a completely different movie? This is the place.

    11. Re:well by Afecks · · Score: 5, Funny

      and a few dozen blue mountain spiders

      Those things in The Legend of Zelda? Those things are real?!

    12. Re:well by Original+Replica · · Score: 1

      "now no one will use torrentspy."

      Yes, now everyone will have to use torrent5py. Stupid internet-illiterate gavel-banger.

      --
      We are all just people.
    13. Re:well by Paracelcus · · Score: 1

      The Gummermint (US) and all their ass-ociates (RIAA/MPAA) are some of the most ignorant bastards that you can find! Wasting their time and space (and creating customer hostility) on the court docket with this kind of foolishness.

      You can get almost anything you want (musicwise) on the Usenet (NNTP) there are hundreds, if not thousands of music/video/film related newsgroups. The Gummermint and the (RIAA/MPAA))does not acknowledge the existence of the Usenet, is this because they can't do anything about it?

      Get a copy of Pan, save Gnutella and Bittorrent to search for your favorite porn video.

      Example
      alt.binaries.sounds.
      alt.binaries.sounds.mp3.

      --
      I killed da wabbit -Elmer Fudd
    14. Re:well by PopeRatzo · · Score: 1, Offtopic

      Don't be fooled by all the "God" talk in the US. By my observation, not one in 50 Americans lives according to any religious belief. For the vast majority of us, "God" is invoked when buying a lottery ticket or upon learning of a diagnosis of cancer, but little or no effort is made to either learn about the actual moral basis behind their respective religions or to live according to that basis

      We have been trained to say that we believe in God, and indeed, given the choice between having our lives end at death and having our personalities continue eternally, we would naturally choose the latter. That's why you get these huge percentages in polls asking Americans whether they believe in God. Don't make the mistake of thinking most Americans are religious. They are not.

      Now, the "God" in "One nation under God" is another story entirely. In this context, "God" means "The Way I Want Things To Be". Thus, when you hear a group of yahoos trying to assert that the US is a "Christian" nation, what they are saying is "It's a Nation that should be the way we want it" (generally, one where gays, blacks or immigrants are treated poorly, abortions are only available to their own daughters, and their own immature view of the world is constantly justified). At heart, most of this impulse is a way to try to assert some control over the vagaries of life. For example, if it really was a "Nation Under God", then they'll never get cancer because they consider themselves righteous folk, and God doesn't do that the righteous folk. Of course, when they do end up getting cancer, it's often because either they have done something to anger God, or more frequently, the Blacks, Gays or Jews have done something to anger God. This last also serves to justify their hatreds.

      The more I travel through this marvelous country, and the more I listen and learn from fellow Americans, the more sympathetic I am to their religious claims and cries, which to an outsider would seem to be slightly insane. I'm learning to be a little more understanding because, after all, they're just scared, and fear mixed with ignorance is a very destructive combination.

      I don't mean to imply that there is no value or truth to religous faith, only that faith and morality have little to do with all the God talk one hears in the USA. A recent example of this phenomenon can be seen in the last few Republican debates, where each candidate did their best to assert their love of God and Christ, while demonstrating very little concern for their fellow man, especially the poor or foreign. A cursory reading of the Gospels will show that this is an extremely contradictory assertion, but one that resonates with the basest of the Republican "base", who share this disconnect between the language of religion and its meaning.

      --
      You are welcome on my lawn.
    15. Re:well by Mattintosh · · Score: 1

      Dropbear-in-a-box.

      They won't come after you. Or breathe.

    16. Re:well by selbk · · Score: 1

      That was probably the most insightful thing I've ever read on ./... too bad it's extremely off topic.

      --
      This sig was made on a Wednesday. Take that, Commie.
    17. Re:well by Fred+Ferrigno · · Score: 1

      now no one will use torrentspy. I believe the MPAA is fine with that.
    18. Re:well by lymib · · Score: 2, Insightful

      There are many of us in the US who live very Christ-like lives. We don't judge others and we don't impose our beliefs on anyone else. We're called atheists.

    19. Re:well by PopeRatzo · · Score: 1

      That's OK, bro. I can handle feedback.

      --
      You are welcome on my lawn.
    20. Re:well by chaoticgeek · · Score: 1

      My college had this too, then there were two people with 2TB of stuff sharing that logged on as the other logged out, and then a good 5 to 7 people with 200GB each of the most popular stuff that was on there... The campus IT people frowned upon that and one of the 2TB users got kicked out of school. I don't know what happened to the rest because after there were warnings I dropped off the hub...

      --
      hello
    21. Re:well by PhoenixAtlantios · · Score: 1, Offtopic

      Some vocal Atheists can be judgemental in that they will call all religious individuals naive and dismiss their views out of hand, but in comparison to the rest of the people in the religious world you're barking up the wrong tree if you think Atheism somehow requires you to judge anybody more than another philosophical belief (or lack thereof.) Some religions require that you condemn entire countries of people, even if the reason is hundreds of years old and nobody (except said group) cares any more :)

      Either way, I don't think it's fair to call someone judgemental based on their philosophical beliefs until you are sure you actually know what their beliefs are. Someone can call themselves a follower of a particular religious group, but that doesn't mean they believe everything about said group.

    22. Re:well by dpastern · · Score: 1

      This is what the MPAA/RIAA wants...I want to know how much the MPAA paid this so called Judge, or how much pressure the corrupt Bush Jr. government placed on said Judge (so that Bushie Jr. can keep his rick pricks happy).

      Simple answer to this - Torrenstpy - relocate the servers to another country (hint hint: where piratebay.org lives). Do NOT comply with this Judge's order.

      [rant]It never ceases to amaze me how people don't react to the MPAA/RIAA like they should. A product boycott would both kill them financially (if done long enough). This would have dire results not only for the MPAA/RIAA, but for the US economy. Either the US government would take draconian measures and invade countries illegally (hey, it did it to Iraq, and is contemplating the same to Iran and North Korea). True, hurting the US economy would hurt the average US citizen, and that's something that I'd prefer not to happen. It's time for the American citizens to start demanding that their government stop spending their hard earned money on things that do not benefit the US citizen.

      Look at your military spending, it's not needed. Your medical and welfare systems are pathetic, they are based on a "damn the poor" attitude, and that is not a decent and modern society.[/rant]

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
    23. Re:well by mpe · · Score: 1

      In my professional opinion (I.E. 20 minutes in front of Wikipedia on the subject), if you're an Australian, and the MAFIAA demands to see you in court, send them a "gift basket" of some of your local flora and fauna, wink wink, nudge nudge. Maybe a couple of scorpions, a rabid koala bear, and a few dozen blue mountain spiders.

      You missed out snakes, Australia has plenty of those. Just toss a few rabbits in to ensure they don't go hungry on the journey.

    24. Re:well by StikyPad · · Score: 1

      Better yet, send them a coin purse and tell them to suck it.

    25. Re:well by StikyPad · · Score: 1

      Rabies is virtually nonexistant in Australia/Oceania.

      Not that they need it. Koalas are not at all cuddly and have very sharp claws.

  2. The Pirate Bay by Brother+Dysk · · Score: 5, Interesting

    Yet another reason to use the Pirate Bay - being based in Sweden, it's incredibly unlikely that much action will be taken against it, especially in the current political climate there (as a direct result of the raid). Now they just need a way to clearly mark torrents that are tracked only by them...

    --
    - Frans.
    1. Re:The Pirate Bay by Henry+V+.009 · · Score: 1

      Yeah, it's not like anyone could just connect to their trackers and get the IP addresses of nearly everybody else in the swarm.

    2. Re:The Pirate Bay by Brother+Dysk · · Score: 1

      If you live in a sensible country, that ought not be an issue either. Having an indexing site and tracker that WORK, however, and that you can rely on to continue working for a while yet... those are important details.

      --
      - Frans.
    3. Re:The Pirate Bay by tomstdenis · · Score: 3, Interesting

      How is that post interesting? You're basically saying "we should be violating the copyright using a more attractive source so we won't get caught."

      As much as I hate the douchebags in the maffia [and well actors/singers in general] I respect their right to make a living by selling their productions. If whatever you're pirating is actually worth it to you, find a way to acquire it such that the people who made it still get paid. Otherwise, your "wonderful" solution involves artists [who are at the bottom of the money foodchain] not getting paid.

      Why not get a job and just by whatever media you like.

      Tom

      --
      Someday, I'll have a real sig.
    4. Re:The Pirate Bay by Brother+Dysk · · Score: 1

      your "wonderful" solution involves artists [who are at the bottom of the money foodchain] not getting paid.

      Artists actually have a revenue stream the record companies don't tend to decimate; it's called the "gig".

      --
      - Frans.
    5. Re:The Pirate Bay by sexybomber · · Score: 1

      Well that's not unique to TPB, that could (and probably does) happen with most of the major .torrent sites. Yet another reason to use SafePeer.

    6. Re:The Pirate Bay by the_womble · · Score: 5, Interesting

      I respect their right to make a living by selling their productions.

      You could reword that "...make a living by being paid the licensing fees required by their government mandated monopolies."

      Why not get a job and just by whatever media you like.

      Because the only thing I have ever pirated does not appear to be available in the country in which I live. Is that a good reason? If they do not have a mechanism for me to pay them, they can hardly complain about not being paid.
    7. Re:The Pirate Bay by Threni · · Score: 2, Insightful

      > Yeah, it's not like anyone could just connect to their trackers and get the IP addresses of nearly everybody else in the swarm.

      So hide you IP address:

      https://www.relakks.com/?lang=en

      or

      http://en.wikipedia.org/wiki/Tor_(anonymity_networ k)

      or both

      (Note: I don't care what you say about using TOR in this way. There's nothing you can do about it, and really you want *all* activity - voip, email, surfing - funnelled through it.)

    8. Re:The Pirate Bay by Dorceon · · Score: 1

      This was about the MPAA. Movie stars have gigs now?

      --
      What sound do people on rollercoasters make? Hint: it's not Xbox 360.
    9. Re:The Pirate Bay by tomstdenis · · Score: 1, Insightful

      I'll take it you don't sing, act, play an instrument, or write scripts/scores. If copyright is what is required for society to reward "art" than so be it.

      Do you get paid for your work? Why can't your employer just force you to work for free? Because you want to sell your services? How is this any different? Where I draw the line is the DMCA since it takes away the ability of society to freely [and appropriately] build upon existing culture.

      As for the various regions of things, you can always buy the media in the other nation. I can buy discs from Amazon.co.uk. Why can't you?

      You can buy it from the uk [or wherever] then decss it to play it locally.

      OMG I R GENIUS.

      --
      Someday, I'll have a real sig.
    10. Re:The Pirate Bay by tomstdenis · · Score: 2, Interesting

      Who cares? They have a right to sign up for labels [even if the terms are stupid]. You don't have a right to violate their copyright protections [I'm not talking DMCA here].

      If you don't like the media, don't buy it. But don't pirate it either.

      --
      Someday, I'll have a real sig.
    11. Re:The Pirate Bay by Belacgod · · Score: 1

      Can we tag all comments on both sides of the debate over filesharing morality redundant? This comment, and those that argue with it, have nothing that hasn't been in the last 400 such debates on here.

    12. Re:The Pirate Bay by tomstdenis · · Score: 1

      I wouldn't have posted it if someone didn't say it.

      And frankly I think it's worth saying. Otherwise, we'll have an entire generation growing up thinking that the internet is magical and everything is suppose to be free. Then when they GROW THE FUCK UP and try to get a job they'll learn that people pirating their works isn't so much fun.

      Tom

      --
      Someday, I'll have a real sig.
    13. Re:The Pirate Bay by SolemnLord · · Score: 1

      Because the only thing I have ever pirated does not appear to be available in the country in which I live. Is that a good reason? If they do not have a mechanism for me to pay them, they can hardly complain about not being paid.

      Interesting how you're complaining about this on an internet message board.

    14. Re:The Pirate Bay by lhbtubajon · · Score: 4, Insightful

      Getting paid for work is one thing.

      Getting paid perpetually for the work you did in 1974 is another thing entirely.

      If I write a piece of code that helps my employer do something, I get paid for the amount of time I worked on it. I don't get paid every time my company sells the software, and every time they re-use the code, forever and ever amen.

      Artists should definitely get paid when they perform their popular song, which is real work, paid for at the time of service.

      Should artists get paid forever for the same 6 hours of work in the recording studio? How is that different from me and my code?

    15. Re:The Pirate Bay by Kijori · · Score: 1

      I do write scores, and also edit textbooks. While I don't like the idea of people downloading them for free - and some people do, unfortunately - I can't object to people pirating them who live in Asia or Africa - they aren't published there, and they aren't shipped there. In the same way, I have downloaded music that I couldn't find any way to buy, and I've downloaded music that I later bought but that wasn't available over here until a later release date; these cases seem to me to be a byproduct of copyright, not the intended interdiction.

    16. Re:The Pirate Bay by paganizer · · Score: 5, Interesting

      If I don't like it, i'm not too likely to download it.
      most of the music I like, except for a couple of flukes, isn't on Torrent or P2P.
      What I do use shareaza (P2P) for is to make up for living half the year someplace where I only have dialup; shareaza works better than getright. Since I retired from the network biz, i'm also kinda a busy amateur photographer, CGI "artist", and 3d object designer, I throw my stuff out in the world using P2P, to keep my bandwidth bills down on my website. I sell some stuff at renderosity.com and a few other places...and I've seen my for-sale stuff on P2P. I'm not bothered by it. it's free advertising, and I've had people purchase my stuff then tell me that they tried it from P2P, liked it, so they bought it. I suppose the possibility exists that i'm losing sales in this way, but I really doubt it.
      I'm not a Evil money grubbing pig, so maybe that explains my attitude... but P2P is the perfect way for a lot of markets to advertise. Bands should see music downloading as a way to advertise their gigs, or other value-added product that they actually get a fair chunk of the proceeds from.
      How about this; if a band, lets say somebody who isn't famous for trying to jail their fans, put up on their band website a simple little paypal button next to a list of their songs; they could ask for .50+ for each one, as soon as the paypal is paid, you are sent a link to the ftp, edtk or .tor for the track. and no DRM, no death threats, no nothing. they would make more money in that way than they currently make from the M(af)IAA system.

      --
      Why, yes, I AM a Pagan Libertarian.
    17. Re:The Pirate Bay by tomstdenis · · Score: 4, Insightful

      Um. Ok here's what I suggest. Go through the effort to learn an instrument. Then, hang your livelyhood on the stake of selling an album. Then, watch with glee as it becomes popular. Then watch with horror as nobody pays for it. Paying for things is "outdated" you see, and not paying artist is the only way to "right" a wrong.

      It basically boils down to, if you want the damn product pay for it. If your favourite artist signs with a label, THAT'S THEIR RIGHT. Who are you to say "because you signed with, say, EMI, I won't pay for your music?" You can vote with your dollars. If labels piss you off so much, don't buy [or pirate] label owned music. Only buy truly indy music.

      People who pirate label music "to stick it to the man" are just hypocrites.

      --
      Someday, I'll have a real sig.
    18. Re:The Pirate Bay by Jarjarthejedi · · Score: 1

      "As for the various regions of things, you can always buy the media in the other nation. I can buy discs from Amazon.co.uk. Why can't you?

      You can buy it from the uk [or wherever] then decss it to play it locally."

      Which is considered to be just as illegal as pirating it by the RIAA...so what's the incentive? If I were to pirate something I can't get locally I have a chance of being sued. If I were to purchase and rip something I can't get locally I have a chance of being sued. Frankly if they want to treat me like a criminal no matter how I get a hold of their product, even if they get money from me, then why shouldn't I act like a criminal?

      Laws like the Anti-Pirating ones are based almost solely on profit and monopoly, there's very little moral reason to obey them besides the fact that it's the law. You can make the good old fashion "Depriving the artist of money" argument but when the artist, or the company representing the artist, shows that they don't want your money by making it illegal for you to get your hands on their product by paying them then you may as well not give them your money. I mean, if someone doesn't want to sell me something, and is willing to sue me if I find a way to buy it from them, then why in the world shouldn't I simply copy it from someone else? They obviously don't want my money anyways, if they did they'd make region-changing legal.

      But still the best way to hurt them is to simply ignore them. I've seen probably 2 movies at the theater in the last year and bought none. I don't buy music, I Pandora it. These guys get very little money out of me and have no legal way (like that'll stop 'em) to demand money from me, I win.

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    19. Re:The Pirate Bay by tomstdenis · · Score: 2, Insightful

      Throwing your own music on P2P is your right. I'm not against P2P. I'm against people violating copyright laws because they don't want to pay for the media.

      --
      Someday, I'll have a real sig.
    20. Re:The Pirate Bay by tomstdenis · · Score: 1

      OMG those are like totally two different issues. I'm against the DMCA. I'm also pirating things just because you feel you're entitled.

      I'd rather see stories about people being unjustly prosecuted with the DMCA [and more so, what we're doing to fix that], than where you can best pirate those anime episodes you love so much.

      Tom

      --
      Someday, I'll have a real sig.
    21. Re:The Pirate Bay by Monkeyknifightz · · Score: 1

      Unfortunatly amazon doesn't have everything...nor does itunes... I even find some media from my own country (America) I can't find to purchase.

    22. Re:The Pirate Bay by Richard_at_work · · Score: 1

      You could reword that "...make a living by being paid the licensing fees required by their government mandated monopolies." Thats the price of having them produce it - oh and by the way, all property law is an artificial government mandated monopoly, so next time you leave your car in a car park and walk away from it, consider that (and no, Im not comparing copyright infringement to theft, so attack my argument, not a tangent you want to in order to make you feel good).
    23. Re:The Pirate Bay by tomstdenis · · Score: 2, Insightful

      Find it used, find it in another market, etc.

      Sure you can justify pirating really old obscure media that is hard to find, but just because something went out of print last year doesn't entitle you to pirate it. You don't suppose if demand went up they wouldn't reprint it?

      Tom

      --
      Someday, I'll have a real sig.
    24. Re:The Pirate Bay by tomstdenis · · Score: 1

      You signed a contract dumb dumb. You could have signed for royalties. Similarly, artists could [and do] sign flat rates for albums. But it's THEIR RIGHT to choose the type of contract they want to sign.

      I agree that they should change their models, artists don't need labels as much [as they need music lessons that is]. But it's their right to choose whatever model they want.

      You have a right not to buy media from companies that are not run the way you want.

      Tom

      --
      Someday, I'll have a real sig.
    25. Re:The Pirate Bay by isorox · · Score: 1


      As for the various regions of things, you can always buy the media in the other nation. I can buy discs from Amazon.co.uk. Why can't you?


      Tried that, unfortunatly I live in the UK, and I'm not allowed to buy stuff that has been imported
      http://news.bbc.co.uk/1/hi/entertainment/6700639.s tm

    26. Re:The Pirate Bay by tomstdenis · · Score: 2, Informative

      If you read the article ... they were importing cheaper copies of records that were sold domestically. E.g. they were region shopping. I won't comment on the legality of that [hint: I'm against the ruling], but it's not the same thing.

      Tom

      --
      Someday, I'll have a real sig.
    27. Re:The Pirate Bay by Scrameustache · · Score: 1

      As for the various regions of things, you can always buy the media in the other nation. I can buy discs from Amazon.co.uk. Why can't you?

      You can buy it from the uk [or wherever] then decss it to play it locally.

      OMG I R GENIUS. Yeah genius, let's give the monopolists money, that'll make them change their ways!
      --

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

    28. Re:The Pirate Bay by Don_dumb · · Score: 2, Insightful

      your "wonderful" solution involves artists [who are at the bottom of the money foodchain] not getting paid.

      Artists actually have a revenue stream the record companies don't tend to decimate; it's called the "gig". That seems fair, fuck the sound engineers, recording studios and EVERYONE ELSE who actually works in the recording of music

      Look at the credits for an album (if you actually own any) and you will see how many artists work on a CD who aren't the band or the label.
      People constantly use the "well artists have the gigs" defence when pirating their music, I can't think of a better (and more frequently used) example of 'convenient ignorance', your argument works only if you forget how music is actually made.

      If you don't want DRM then stop pirating, you can't have it both ways.
      --
      If this were really happening, what would you think?
    29. Re:The Pirate Bay by Anonymous Coward · · Score: 1, Interesting

      >Do you get paid for your work? Why can't your employer just force you to work for free? Because you want to sell your services? How is this any different?

      It is clearly different, as I will demonstrate for you. Why you missed this, I really don't know, it's patently obvious.

      Case a: It's 1664, and you live in New York, owner of a slave farm. You have a slave farmhand. You provide him enough so that he survives (food and a small slave hut), since even though you won't be in trouble should he die, a dead slave is worth nothing. You change your mind on this and short him the slave hut. One day he decides he's had enough, so he ups and leaves when your back is turned. You contact the constabulary, and they catch him walking towards Canada towards freedom. He is apprehended and for a modest fee the police return him to you. This time you're a bit smarter about your slave, you watch him closely and he continues to work until he is dead from exposure.

      Case b: It's 2004, and you live in New York. You own a record label. An artist is working for you, and you decide paying enough that he can afford an apartment just isn't working for your bottom line. You decide to short him his pay to the point he can no longer afford the apartment. The artist leaves. You phone the police and they laugh at you. They also remind you that if you do find him (or he decides to find you) that you'll need to send him the money your shorted him. You aren't sure where the artist is today, he could have found another job as an artist that pays better than you were willing to pay, or he may have decided to find a more stable line of work. He may even be dead. You don't have a clue!

      Case c: It's 2004, you live in New York working as an electrician for a company that produces a product. One day you are laid off work. You find out, through the local newspaper, the factory is closing due to a Chinese company making a competing product that is disturbingly similar (but not identical). You attempt to sue the Chinese company. The Chinese government laughs. You spend your life savings trying to fight the Chinese company, and end up destitute, living on the streets with no home. After a year of this, you decide that you need to find another job because your new job of fighting the way things are isn't working very well.

      Homework assignment: Compare and contrast case a, case b, and case c. Explain which case is related to which part of your argument. Prove which case presents the best scenario for each person involved in the case. Compare and contrast specifically how closely each case is related to copyright infringement. Show which employee (the slave, the artist, the tradesman) got the best breaks in life. Detail how copyright infringement did or did not affect their lives. Discuss the rights or lack of rights of employer and employee to payment for their labour.

      Personally, as an electrician, I'm not just a bit jealous, but also a bit angry about copyright law. If I could force a homeowner to not just pay for my labour, but I could force them to pay for it in perpetuity, I'd be a richer man. But, damn, there's that word force. Just sounds so... enslaving.

    30. Re:The Pirate Bay by Anonymous Coward · · Score: 1

      Yeah, that's a great idea. NOT. I have already received 2 DMCA takedown notices here in the USA from my girlfriend downloading torrented TV shows from piratebay. Even worse, one was a broadcast over the air NBC show, which is totally legal to timeshift. They are tracking piratebay... I do not seed these, just dl and shut down. So they are just harvesting ip's from the torrents and sending mass DMCA notices to any us ip.

      Even though my ISP is as good as they come, to protect their business they have no choice but to demand action on my part (oooops, my wireless must have been wide open ;) ) but they can and will shut off my DSL, which I must have as a programmer to do my work.

      My opinion on these fools - you want to sue your customers and threaten them? Fine. I'm just not a customer. I don't care, I won't be buying a single CD or movie ever again. I'm done. Their crap is not worth it. You understand me RIAA/MPAA? FUCK YOU!

    31. Re:The Pirate Bay by tomstdenis · · Score: 2, Insightful

      Um royalties are a way to not pay a shit load for things that may not be popular. As an electrician your work is either done properly or not. There is no "is it popular" question. Consider it another way. We either pay every single artist a million bucks per album [or more], or we pay them a smaller amount [say $10K] and then issue royalties.

      If people like the music they're rewarded with more royalties. Why is that bad? If you don't want to pay the artist then the music isn't worth it to you. Why are you pirating it then?

      Royalties promote diversity.

      I don't disagree that most labels abuse it. But frankly, it's up to the artist to sign on terms they can live with. If you give a homeless dude all your money, don't feel bad if they do what THEY want with it. Similarly, if a good artist signs a stupid contract, it's their own damn fault. The media execs only get away with what people let them.

      Tom

      --
      Someday, I'll have a real sig.
    32. Re:The Pirate Bay by Znork · · Score: 1

      "I respect their right to make a living by selling their productions."

      I see few objecting to anyone making a living by selling their productions. I do see objections to anyone controlling what anyone else may produce.

      Increasing Bill the Chairmakers ability to collect revenue by forbidding anyone else from making similar chairs isnt a sane free market policy. The fact that immaterial products are easier to copy doesnt change the basic premise just as the development of a chair-duplicator would suddenly make a chair monopoly a useful policy.

      Intellectual 'property' is essentially a welfare system implemented as a feudal-style delegated taxation right. If we really want and need the incentive created by such a welfare system to we should at least have the intellectual honesty to call it what it is and run it under democratically controlled budgets and fiscal management to at least attempt to ensure the public gets its moneys worth. The system isnt free just because it's hidden in externalized economic flows, the costs are just less apparent. Nor would it be that hard to replace the horrendously inefficient monopoly pricing with simply taxing revenue derived from duplication of a work and handing the benefits directly to the creative talent originating the work, thus solving both the payment problem and the 'piracy' problem at once (your work gets duplicated and the copies sell, you automatically get your share of the collected revenue, and 'piracy' would simply become yet another tax-evasion issue if someone duplicates media for profit without paying the 'IP sales tax').

    33. Re:The Pirate Bay by Anonymous Coward · · Score: 1, Insightful

      Has it ever occurred to you that musicians and actors existed before the advent of distributable media?
      You defend copyright and draconian protection schemes like every artist would be homeless and starving without them.

    34. Re:The Pirate Bay by Kandenshi · · Score: 2, Informative

      I have a ... friend, who's totally not me, who pirates music. I often call him by the nickname "me" or "I" *cough*

      This friend also buys music, either directly from the artists or in CDs. The fact is, I've never heard the vast majority of those bands played on the radio, or locally(since, y'know, they're from entirely different continents and I don't live in a major metropolis).

      Most of this stuff is pretty difficult to find to buy anyway, but if I decide I really really like that new Architecture In Helsinki album and I can find it, I've no problems paying for it. I'm not going to buy the music blindly though either. Just because Jeph Jacques says it's good. I'll theive it visciously because he says it's good, and then keep it/pay for it if I agree.

      Pirating is my radio, it's a way for me to learn about new bands that have arguably little appeal to my peers, but I think are awesome.

    35. Re:The Pirate Bay by trolltalk.com · · Score: 5, Insightful

      Throughout most of human history, music flourished without any copyright. If the MPAA/RIAA had their way, even humming a tune would be a copyright infringement with micropayments, instead of just something people naturally do - which is, by the way what music is - something people naturally do.

      There's nothing to stop you from going on tour if your music becomes popular - and the more people "pirate" it, the wider the audience for your tour gigs. Its why people want their stuff to get lots of air play, right?

      In the previous century, a large part of the cost of each copy of music was the physical production and distribution (pressing each copy, shipping it to warehouses, then to wholesalers, then to retailers). Those costs are gone, but the price hasn't gone down to compensate.

      Now consider the production costs. There is no way that any music CD ever produced costs as much as a blockbuster movie. And yet, the movie on DVD costs about the same as, and often less than, the music CD. Why? If a move costs $100M to produce, and a music cd $1M, shouldn't the music CD cost a lot less?

      Must be the crack math skills of those RIAA accountants. Or just the crack. A song is worth a few cents in todays economy, not a buck or two.

    36. Re:The Pirate Bay by StupidKatz · · Score: 5, Insightful

      I write a piece of code that helps my employer do something, I get paid for the amount of time I worked on it. ... Artists should definitely get paid when they perform their popular song, which is real work, paid for at the time of service. Should artists get paid forever for the same 6 hours of work in the recording studio?
      ... and authors should only be paid for the time they are actually writing, researching, or otherwise working on a book, not for each copy they sell.

      Yes, do be careful not to step in the sarcasm.
    37. Re:The Pirate Bay by init100 · · Score: 4, Informative

      If you don't want DRM then stop pirating, you can't have it both ways.

      No, DRM won't go away even if suddenly all people stopped pirating music and movies. DRM is an effective* way of preventing format shifting and personal copying, so that you have to buy the same content several times if you want to have it available in several places at once, like in your computer media library, in your portable player, in your car, on your phone, etc. If everyone just stopped pirating, the content companies would simply say "thanks for all the extra money" and keep the DRM in place.

      *= Effective against casual copying and format shifting, not uncrackable for the determined cracker.

    38. Re:The Pirate Bay by Chandon+Seldon · · Score: 2, Informative

      Relakks is an excellent solution to this class of problem. TOR is not - It'll be dog slow, and you'll be slowing down other people who have interactive tasks they're trying to accomplish over TOR, like web browsing.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    39. Re:The Pirate Bay by FLAGGR · · Score: 2, Insightful

      Throughout most of human history bittorrent did not exist.

    40. Re:The Pirate Bay by 808140 · · Score: 5, Insightful

      I think it may be time, seriously, to step away from this argument, because who is right and who is wrong is quickly becoming irrelevant. File sharing -- yes, of copyrighted material -- is on the increase, despite all the attempts of various concerned bodies to curtail the practice. Copyright infringement is illegal -- whether it's wrong or not is an entirely different question, which I won't go into, but suffice to say that both sides have good arguments to support their side.

      But I advance that it's all irrelevant, because regardless of whether it's illegal, regardless of whether it's wrong, it has become so commonplace and so completely defies any attempt to control it that there arguably not much that can be done about it, anymore. So TorrentSpy is ordered to spy on its users -- so what? They'll probably comply and say as much on their website, and people will use some other torrent service instead, stopping exactly no one from file swapping. Or maybe the RIAA/MPAA will find some way to kill BitTorrent entirely, which would be a shame. But as Napster showed, this will not stop p2p -- even if it is completely illegal, it will persist. In fact, one could argue that the technology has actually gotten better over the years thanks to the RIAA and MPAA's meddling. Sort of like the hydra -- cut off one head and it grows back two.

      At some point, when you're a business, you need to be pragmatic. The law protects you only when relatively few people break it and you can litigate the hell out of those that do, scaring the remaining would-be-ne're-do-wells into compliance. But when 60% (I don't know the actual numbers, but substitute any substantial percentage and the fact remains) of the population is breaking the law, well, you're basically fucked.

      All this arguing about whether file sharing is right or wrong -- it's a bit like arguing about whether premarital sex is right or wrong. Many people in the US feel strongly that premarital sex is deeply wrong, not just for them, but for everyone. Ok, it's not illegal -- I'll address legality with another example in a bit -- but the point is: it's not going stop. No matter how you feel about premarital sex, it isn't going to stop, and there's no way -- none -- that you can make it stop. Heck, if premarital sex is alive and well in Saudi Arabia, there's no way that you'd ever have any hope of killing it in the USA.

      Or what about prohibition? Drinking is most certainly bad for you -- many people don't realize just how bad it is for you. Alcoholism destroys families, the substance is addictive and harmful, and polite society just shouldn't put up with it, or so the teetotalers said. You know what? They're right. But you'll notice that it didn't make a lick of difference that they were right, nor did it make a lick of difference that the law agreed with them. People didn't stop drinking.

      There are lots of examples like this, and I fear that file sharing is just the latest. No matter how you feel about it, understand: it's not going to stop. The RIAA and MPAA are yelling into the wind, and it's time they saw the writing on the wall. As it stands, their business model -- at least with the margins it has historically enjoyed -- is doomed.

      What does this mean for the artists? Good question. Like many others, I don't think people are going to stop making music, for the simple reason that people were making music before there was a recording industry and will continue making music if said industry collapsed tomorrow. Movies are a more difficult question -- it costs an arm and a leg to make even a low-budget indie movie, requires the hard work of many people, and the institution of copyright is what makes most of the films we see possible. With music, you can make an argument about people making it in their garages and using the internet to distribute it -- fine. But with film, well, that's a much tougher sell, because so many more people are involved. Perhaps we'll see a resurgenc

    41. Re:The Pirate Bay by spellraiser · · Score: 1

      The company I work for doesn't offer royalties. But anyway, it's beside the point since I wasn't complaining about my own situation, which is quite acceptable to me. But yeah, you're right that the label has an obligation to protect the rights of the artists who signed up for royalties, but somehow one always gets the impression that the labels are mostly out to protect their own bottom line, not their artists. I probably misrepresented the issue by focusing on the musicians; what's mostly under threat is the labels' distribution scheme, which puts a hefty price on every copy sold, regardless of whether the artists get royalties or a flat rate. Of course, this is fair in that it's the label that does all the hard work of promoting the artists, producing the CDs, and distributing them, but as I've said, this is a system that's slowly being undermined.

      What I think the future holds is more direct contact between artists and fans, and maybe even some sort of system where you can donate to those artists you like, just like charities etc. I know this sounds naive and idealistic (the counter-argument being that no one would bother to pay since they're getting the music for free), but hey, it might happen. All I know is that the Internet will continue to change old models.

      Whether my arguments are any justification for piracy; well, that's a whole different topic. All I wanted to address was the (IMHO, slowly dying) idea that artists and/or labels should profit hugely from every copy of the art that's distributed.

      --
      I hear there's rumors on the Slashdots
    42. Re:The Pirate Bay by KKlaus · · Score: 1

      But all the "artists have gigs" line really means is that there is a revenue stream that doesn't include selling pirateable material (well... you could cam a concert and then show that to people, but that's hardly the same thing). Anyhow, to the sound engineers etc, that revenue stream would (if the idea works) then go to pay for them. Just because there wouldn't be any money from selling CD's that could be used to pay them, doesn't mean they wouldn't get payed.

      None of that is of course to say I have any idea whether a music industry could be supported nearly entirely through live showings, but it is to say that if it was tried it wouldn't imply that anyone not actually up on stage was automatically getting screwed. The money source just shifts.

      --
      Relax I just want some peanuts.
    43. Re:The Pirate Bay by livewire98801 · · Score: 1

      I don't get my music or video from P2P. I did for a while, then I realized that I was still getting ripped off. The majority of music and movies these days aren't worth downloading. What little content I do like, I will purchase after renting it. In the case of music, I'm usually sick of it after a month of being overplayed on the radio anyway.

      I was a big Napster user back in the day. I downloaded gigabytes of music then, and I bought dozens of albums afterward and re-ripped them to get higher quality tracks. Well, except Metallica. . . after the big lawsuit, there were LOTS of 196k+ files available to download. Funny how that worked.

      Movies, I will buy occasionally. Generally, they are good once or twice, so I just rent them. I have the MVP service from Hollywood video, so I pay a flat rate for my rentals. Most of the crap that the MPAA is churning out isn't worth going to anyway. There are a few movies playing now that I will probably go to, and one or two that I might actually buy. That's the first time that's happened in years though.

      --
      "He may be mad, but there's method in his madness. [...] It's what drives men mad, being methodical." G.K.Chesterton
    44. Re:The Pirate Bay by Wordsmith · · Score: 1

      There are plenty of useful, beneficial tasks in this world for which people expect, and get, no monetary reward. People are, indeed, less likely to volunteer for these tasks than they would be to do them for money. So it goes.

      My employer pays me because he sees a direct value in what I do. It's inherent to the product of my work. Good for him, good for me.

      There's certainly value in creating art. But commercial value depends, in part, on scarcity. With infinitely reproducible art, there is no natural scarcity. Intellectual property law is an attempt to artificially create scarcity where there is none. It creates a "right" to assign a higher value to work than the natural situation, absent the coercive force of government, creates. It's a very different situation than in most other forms of work.

      If, once these contrived intellectual property considerations are set aside, the work has little or no commercial value, so be it. That happens. Again, lots of useful and beneficial things have little or no commercial value; the world's just not structured to reward them all.

      It would still be quite possible to make money from art, but not via all the mechanisms available now. There are always live performances, or the creation of art on demand for specific purposes. I work in the newspaper industry, and there's a heavy intellectual/artistic component to what I do. My company claims intellectual property protection over its work, but it really doesn't matter much - the work is valuable because when it's initially released, we're the only ones providing it; 24 hours later, the value of the work is highly diminished, so if someone else copies it, we haven't lost much (and they haven't gained much).

    45. Re:The Pirate Bay by nurb432 · · Score: 1

      Not direct action, but if local ISPS's where the industry does have influence are forced to track any traffic that goes to/from piratebay's servers, the *AA might be able to show intent since you downloaded the torrent fie for xyz movie/song. Then they have the feds come search your house and detain you until you squeal ( or just block traffic completely, and report the attempt to connect.. )

      Will posession of a torrent file alone become probable cause someday? Who knows.

      Scary times ahead for what is left of our freedoms.

      --
      ---- Booth was a patriot ----
    46. Re:The Pirate Bay by livewire98801 · · Score: 1

      As much as I hate DRM, current copyright law, and the MP/RIAA, this is not a valid argument. If had asked any current artist what they wanted out of life when they were still trying to make it, their response would be "I wanna make it big", and if you kept asking questions, they would tell you about lifestyle. Lifestyle is the sum of money plus time.

      The issue is that album sales don't contribute much to the artist's success. What an artist makes money on is concerts, appearances and endorsements. Yet it's the album that the RIAA defends.

      MPAA on the other hand DOES make money from video sales. I'm more likely to purchase a video than an album, though I'm far less likely to do so than before. I'm a renter now :)

      --
      "He may be mad, but there's method in his madness. [...] It's what drives men mad, being methodical." G.K.Chesterton
    47. Re:The Pirate Bay by trolltalk.com · · Score: 4, Insightful

      "Throughout most of human history bittorrent did not exist."

      And what does that have to do with anything, except to show that most people believe that the current "mode of distribution" of the RIAA/MPAA is obsolete, overpriced, and in need of some good competition?

      A song is not worth a buck. Maybe a nickel

      1. movie at $100 million to produce, 2 hours of entertainment, and you can buy a copy of the DVD, including DVD case, for $7.99 5 years later
      2. music - 20 songs, $1 million to produce, 15 songs (10 or more crappy), and 5 years later they still want $1 a song or $15 for all 15 - no madia, no case.
      If movies were priced like music, your movie dvd should cost $800.00 per copy. In reality, the RIAA is using the "monopoly what the market will bear" pricing scheme - and bittorrent sites break that artificial monopoly.

      Most songs aren't even worth a buck. A lot of the stuff being "traded" isn't even available to most people, so its not like anyone's losing any revenue, anyway. Both the RIAA and MPAA should get over it, and find a different economic model.

    48. Re:The Pirate Bay by Chandon+Seldon · · Score: 1

      If copyright is what is required for society to reward "art" than so be it.

      Are you sure about this statement? Is it just a knee-jerk emotional reaction? Is it actually a good idea? Do you have any rational reason for that conclusion?

      Copyright is a reasonably simple economic tradeoff. Art will be produced in the absence of legal incentives - in fact, much of the historically "great" art (Shakespeare, Mozart, etc) was produced in the complete absence of copyright. Copyright provides one main benefit: It creates a business model for full time, professional, publish-only artists. In exchange, it has three major disadvantages: it restricts the distribution and enjoyment of all art, it creates a massively profitable natural oligarchy: the publishing business, and it prevents the creation of certain classes of derivative art.

      There probably is a good way to promote the creation of more art than would be created without social incentives. Copyright, as currently implemented, isn't it.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    49. Re:The Pirate Bay by atezun · · Score: 1

      Well if you sold that software yourself and continued to sell it then yes, you would continue to get paid for it. Artists are essentially in this case their own private software companies who sell their own software. If want to get paid like an artist does then start your own business.

    50. Re:The Pirate Bay by AmiMoJo · · Score: 1

      Actually, the artists pay the technicians, producers etc to record their music for them. If money goes directly to the artists, no-one is screwed.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    51. Re:The Pirate Bay by JordanL · · Score: 1

      If you don't want DRM then stop pirating, you can't have it both ways.
      The burden of responsibility is not on the consumer to either prove they are NOT criminals or give up their rights, it's on the corporation to create business models and products which help produce reliable revenue streams while letting customers retain all of their fair-use rights.

      Theoretically.

      That's like Nazi Germany telling the Jews, "If you don't like concentration camps then stop being inferior, you can't have it both ways".

      And with the Godwin law revoked, I leave you.
    52. Re:The Pirate Bay by dustin_c1 · · Score: 1

      "If I write a piece of code that helps my employer do something, I get paid for the amount of time I worked on it."

      That's because you've agreed to a work-for-hire situation with your employer. If you write a piece of code and sell it yourself, you will get paid every time the software sells.

      Just because you chose to write your code on a work-for-hire basis it doesn't mean that everyone should be a salary slave.

      This is no different than you and your code. You can own your work if you want, or you can sell your labor if you want. Your choice.

      --



    53. Re:The Pirate Bay by the_womble · · Score: 1
      Most of my current income (such as it is, I am still building it up) is mostly from the site linked to in my sig.

      I have never yet refused permission to quote from the site for no fee, in return for a link back by way of attribution.

      I would put the whole work under a creative commons attribution license, but I am worried that, if I ever wanted to sell the site, it would make it harder because CC licensing would be too weird and hippy for most businesses.

      Why can't your employer just force you to work for free?
      I would stop work if an employer refused to pay. Similarly, if people do not want to work without the royalties they can make from copyright, I would be quite happy for them to find another way to make a living.

      I can buy discs from Amazon.co.uk. Why can't you?
      Impractical, inconvenient and very expensive. I would have to go to a main post office to clear it and pay import duty, I would have to pay hefty postage, I would have to wait weeks for it to arrive, and there is a significant risk of theft in the post (which means emailing Amazon and starting the wait again). Simply to worth the hassle.
    54. Re:The Pirate Bay by Disfnord · · Score: 2

      So, wait, let me get this straight, sound engineers get royalties on albums they worked on? Because I always thought they got paid up front for recording an album, regardless of how that album sells. Or are you implying the ridiculous notion that no one will ever record an album ever again because it might get "pirated" online?

    55. Re:The Pirate Bay by AeroIllini · · Score: 2, Informative

      That seems fair, fuck the sound engineers, recording studios and EVERYONE ELSE who actually works in the recording of music No one is leaving out this group of people. They were all paid for their time at the creation of the album, and do not earn royalties on future sales. Their relationship to the music is as contractor only; their income does not depend on me buying the album.

      I suppose an argument could be made that if the record companies don't make any money, then they won't be able to afford to pay the sound engineers and other such people for future recordings. To that, I say bullshit. If you can show me even one single shred of evidence that the recording companies are losing money (reports of declining sales of a specific format like CDs are misleading, since more and more people buy music online at places like iTunes and Napster), then you might have a case. But all the studies I've seen show that sales numbers of all new music in all formats is at an all-time high. (Also keep in mind that much of the sales numbers of the past couple decades included sales of music people already owned and are now being purchased in a new digital format. This will artificially inflate sales numbers. If sales of that format are delining now, it's probably because people are finished upgrading their collection.)

      Additionally, if sales truly are down *and* correllated in a statistically meaningful way to piracy (evidence of which I have not yet seen), then it means that the record companies are not offering products that the market wants to buy at the price they are offering it for sale. I'm not going to cry myself to sleep over this; it's how the market works.

      You are not guaranteed success just because you created a product. If I start a news service website and charge $50 a day for access, I can't complain that my business model is in danger soley because people are getting the same news from Google News for free. Those filthy news freeloaders! All it means is that I have a failing business model, and it's time to do something else.
      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    56. Re:The Pirate Bay by Virgil+Tibbs · · Score: 1

      I take it you have never tried to use VOIP through it....
      The LAG is INSANE
      -that said, if it did work it would be good.

      --
      www.tdobson.net #### Dare to Dream #### blog.tdobson.net
    57. Re:The Pirate Bay by orzetto · · Score: 1

      What about going back to the olden glory days, where instead of "watch[ing] with glee as [the album] becomes popular", musicians were actually required to perform to get their money? I mean, that's how I work. I go to my job, work, then get paid. It never ceases to amaze me how a system that allows people to work once and then get profits forever and even after their death is supposed to keep them working.

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    58. Re:The Pirate Bay by Cythrawl · · Score: 1

      Its nothing to do with the Pirate Bay you idiot... Its the fact that they are also part of the seeders. You need an IP Blocklist to help with your downloading, so really the fault is your own for not putting up the require barriers and just downloading willy nilly..

      I have been downloading stuff for years and years (and of that the good stuff I do buy. I like to try before I buy something a lot of people seem to have a poor grasp of) and I have yet to have a takedown notice..... Its really your own fault, so instead of fucking the RIAA, and the MPAA why dont you fuck yourself for a change...

      Oh wait... you did that already...

    59. Re:The Pirate Bay by Nitewing98 · · Score: 1

      Ihbtubajon wrote:
      If I write a piece of code that helps my employer do something, I get paid for the amount of time I worked on it. I don't get paid every time my company sells the software, and every time they re-use the code, forever and ever amen.

      Maybe what that says is that programmers need a union. Look, personally I'm for open source coding, but perhaps if coders got organized, the larger software houses wouldn't take what you write, patent it, and then use that against the open source community. Perhaps the solution is for everyone to retain the rights to what they code.

      --

      Nitewing '98

      Everything works...in theory.

    60. Re:The Pirate Bay by HiThere · · Score: 1

      Actually, if they are using non-expiring copy protection, then *I* don't feel they come under the terms of the copyright law as authorized by the constitution. That clearly implies that the material should be accessible to the public after some (unspecifid) period of time.

      Now I'll grant that this is not how the law is interpreted, and I wouldn't accept ANY court to accept my reasoning. (I do maintain a connetions to reality.) But if we are talking about "rights" rather than "laws", then I don't accept restrictions on the rights to copy something that isn't being offered to the public. This has several layers. One is that if something is no longer in publication, and hasn't been in publication for some period of time (arguable...but in my mind a couple of years is reasonable), then copyright laws should not apply. And if it is offered only with a non-expiring copy protection or DRM, then copyright laws should not apply.

      I'll grant that it's difficult to implement an "expiring" copy protection scheme...but it should be possible with much less work than has been put into the DRM or into other copy protection schemes. And if they aren't really EVER offering the work to the puclic, then they don't deserve copyright protection.

      Obviously, IANAL, but you were talking about rights, not laws, so that's how I replied.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    61. Re:The Pirate Bay by DamnStupidElf · · Score: 2

      People constantly use the "well artists have the gigs" defence when pirating their music, I can't think of a better (and more frequently used) example of 'convenient ignorance', your argument works only if you forget how music is actually made.

      I'm pretty sure bands pay their sound engineers and stage hands when they tour. You're talking about traditional studio produced music, an artifact of the recording industry's history of making the cost of entry too high for unsigned musicians. If you want to record your music, you need a quiet room, some microphones and instrument pickups, and a computer with a good sound card. Post processing and mixing is relatively cheap if you know what you're doing and use freely available software. Even mastering CDs is easy.

      It seems that you've fallen for the RIAA's line that music needs to be made by RIAA approved artists, producers, studios, directors, authoring companies, and CD pressing plants. Nothing could be further from the truth.

    62. Re:The Pirate Bay by machine+of+god · · Score: 1

      The only ones who make money on a royalty basis are the band and their publisher. Everyone else is already paid.

    63. Re:The Pirate Bay by eclectro · · Score: 1

      regardless of how we may feel about it, you can't turn back time.

      But if I could turn back time, think of the possibilities...

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    64. Re:The Pirate Bay by Brother+Dysk · · Score: 1

      That seems fair, fuck the sound engineers, recording studios and EVERYONE ELSE who actually works in the recording of music

      Strangely, these people aren't paid by royalties. They get their money at the time or recording (producer possibly excepted) regardless of if the album sells a million units, or never gets released.

      Look at the credits for an album (if you actually own any) and you will see how many artists work on a CD who aren't the band or the label. People constantly use the "well artists have the gigs" defence when pirating their music, I can't think of a better (and more frequently used) example of 'convenient ignorance', your argument works only if you forget how music is actually made.

      I own hundreds of albums, actually, just under half of them on vinyl (which I don't feel I should pay for again to get in a digital medium, but I get a strange feeling you'll disagree...).
      But again, see above. If you don't want DRM then stop pirating, you can't have it both ways.

      Pirating media is probably the most effective way to ensure you get it DRM-free, actually.

      --
      - Frans.
    65. Re:The Pirate Bay by Brother+Dysk · · Score: 1

      "This was about the MPAA. Movie stars have gigs now?"

      Movie stars are ARTISTS, now?

      --
      - Frans.
    66. Re:The Pirate Bay by tomstdenis · · Score: 1

      Because that's asinine. That means we can't have radio, TV, tapes, CDs or DVDs. Hell, we can't have books either, or paintings, ...

      You're stupid. There isn't another way around it.

      Tom

      --
      Someday, I'll have a real sig.
    67. Re:The Pirate Bay by WilliamSChips · · Score: 1

      You do realize that the artists don't get any money from "legitimate" record sales either, right? Not a single artist looking for money will forgo touring. Now the ethics of not paying the record labels are debatable but what isn't is that Public Enemy made more money from selling five thousand CDs online where the artists got all the money than from selling five million CDs with the label.

      --
      Please, for the good of Humanity, vote Obama.
    68. Re:The Pirate Bay by Don_dumb · · Score: 1

      Perhaps I should quantify that DRM statement.

      No of course DRM will not stop even if piracy disappeared but the argument against DRM seems childish while one also justifies pirating. "DRM is so wrong, which is why I download my music from bitTorrent".

      --
      If this were really happening, what would you think?
    69. Re:The Pirate Bay by tomstdenis · · Score: 1

      Back "in the day" art was commissioned by the royal family [or the like]. You didn't need copyright because your livelyhood was secured.

      Tom

      --
      Someday, I'll have a real sig.
    70. Re:The Pirate Bay by Don_dumb · · Score: 1

      Because many people have pointed out that sound engineers get paid by the session and not on a royalty basis, I concede that they are a bad example. But I am sure there are plenty of people who are paid royalties for recorded music who might not get anything for live performances, producers (quite important I believe) for instance.

      --
      If this were really happening, what would you think?
    71. Re:The Pirate Bay by eddy · · Score: 1

      >If you don't want DRM then stop pirating, you can't have it both ways.

      I don't want DRM so I stopped buying. Solved the problem for me, but I don't see how it helps sound engineers exactly. Maybe they should stop fucking up CDs with compression too. That might help.

      --
      Belief is the currency of delusion.
    72. Re:The Pirate Bay by beyondkaoru · · Score: 1

      You don't have a right to violate their copyright protections that is quite uncertain. i can think of several people (including some swedes everyone's heard of) who would disagree with this--and from your id number, i'm guessing you've been on /. long enough to hear most arguments regarding this.

      --
      the privacy of one's mind is important.
      you do have something to hide.
    73. Re:The Pirate Bay by DamnStupidElf · · Score: 1

      ... and authors should only be paid for the time they are actually writing, researching, or otherwise working on a book, not for each copy they sell.

      No, we should pay authors for personally printing, binding, and shipping each copy of the book, including the ones they posthumously create for 95 years.

    74. Re:The Pirate Bay by Tolookah · · Score: 1

      He wasn't talking about the DMCA, he was talking about the fact that companies are against importing ( example: Sony Vs. Lik-Sang ). There are a number of companies that don't really care, but some do, and they leave a really bad taste in your mouth.

    75. Re:The Pirate Bay by darkwhite · · Score: 1

      fuck the sound engineers, recording studios and EVERYONE ELSE who actually works in the recording of music Yeah! Fuck them!

      Except... wait... let me think... yeah, every single person outside the band who puts their creative and technical expertise into recording and packaging music gets paid up front with no royalties, while every single person outside the band who does get paid on a royalty basis does not deserve it and is leeching off their success.

      Wake up. The record industry has grown fat leeching money off the old distribution model, now the old model is gone, but they still assume they can rake in all that money. Well, I - and most of the rest of the market - have only one answer - I want all these people gone and bankrupt before I buy music from the artists they contract with again. Until then, I'll be buying music from independent artists, and pirating and going to gigs for others. All the sound engineers etc. can still get paid - directly by the band.

      The situation is different with movies, since producing a movie requires one or two orders of magnitude more people than producing music, but for music records you don't have a leg to stand on.
      --

      [an error occurred while processing this directive]
    76. Re:The Pirate Bay by Von+Helmet · · Score: 1

      Throughout most of human history, music flourished without any copyright. If the MPAA/RIAA had their way, even humming a tune would be a copyright infringement with micropayments, instead of just something people naturally do - which is, by the way what music is - something people naturally do.

      People need to learn to distinguish between, say, humming a song or learning to play it yourself; and the act of creating a near perfect copy of the original at close to zero marginal cost. The former is just fine, the latter is not.

      People keep banging on about "ooh, music flourished on people playing other people's songs" and all this crap. You're still allowed to do this! You're just not allowed to create a copy of the original artists recording and distribute it without permission.

      Note: I realise the tab website thing that happened recently puts something of a damper on this, and I do agree that such a thing is wrong. However, that still doesn't make copyright infringement OK.

    77. Re:The Pirate Bay by __aailob1448 · · Score: 2, Insightful

      Ok, now address the rest of his points or concede they are valid, What's with the selective answering? It is not polite or reasonable.

    78. Re:The Pirate Bay by sydsavage · · Score: 1

      That's exactly right, and it relates directly to another factor that technology brings to the equation of the oligopoloy's diminishing returns: the cost of producing commercial quality material has dropped to a point that artists can and do self-produce, and the internet is now ubiquitous enough that they can also now effectively self-promote. New technology making old business models obsolete is nothing new. Nor is using established clout to try to hold back the inevitable.

    79. Re:The Pirate Bay by d34thm0nk3y · · Score: 1

      ... and authors should only be paid for the time they are actually writing, researching, or otherwise working on a book, not for each copy they sell.

      Yes.

      Or at least, the assumption that the government gets to prevent people from exchanging this data among themselves once it has been created should be re-examined.

    80. Re:The Pirate Bay by clachaig · · Score: 1

      If you don't want DRM then stop pirating, you can't have it both ways.

      Indeed, the motivation for pirated media and illegal downloads is the fact you do not get DRM, and the supposed benefit of DRM is that you get no pirated content appearing on the net.

      However, becoming DRM free will not work unless everyone stops illegally copying media. Thus I dont think becoming DRM free again is going to work in the real world. human nature won't allow either side to give in.

      Can you see joe six-pack giving up getting things for free that he would otherwise have to pay for? If he downloads, he can buy more beer or copies of madden instead of music and films. Or do you believe that the RIAA or MPAA have any sort of cut off where they will start allowing distribution of DRM-free media again. I dont see it. Like "hey guys, we reduced the effect of piracy on sales by 70%, we can give them the DRM free stuff in stores now"

      The current situation is dire indeed

    81. Re:The Pirate Bay by WilliamSChips · · Score: 1

      You do realize that this is Slashdot and you could be talking to a libertarian who believes that if the government went away tomorrow things wouldn't go New Orleans looters, or to a socialist who believes that property is theft.

      --
      Please, for the good of Humanity, vote Obama.
    82. Re:The Pirate Bay by Von+Helmet · · Score: 1

      I picked that because it's a silly point that people try to argue, as though because it's OK to imitate a work, it should be OK to reproduce it. There's a huge leap of logic there.

      As for the other points, they're valid up to a point. An artist is free to release their music without any constraints for people to reproduce as they will. However, most don't. People sign to labels with full knowledge of what the distribution rights will be. Until they sign they can do what they like. After that, all bets are off. If you don't like that, don't sign.

      As for the low costs of producing CDs... big deal. Plenty of things cost a vast amount more than they actually cost to produce. If you want to argue this point, you may as well argue with practically all producers of anything.

    83. Re:The Pirate Bay by THESuperShawn · · Score: 1

      Please don't use Tor for Bittorrent. It's a free service, a good one, and they ask you nicely not to. Plus, the performance will suck anyway.

      The real way to encrypt your Bittorrent traffic is available in the link you posted yourself...

      Protocol header encrypt (PHE) and Message stream encryption/Protocol encryption (MSE/PE) are features of some BitTorrent clients that attempt to make BitTorrent hard to throttle. At the moment Azureus, Bitcomet, kTorrent and Torrent support MSE/PE encryption.

      --
      Repant. Thy end is sheer.
    84. Re:The Pirate Bay by Plutonite · · Score: 3, Insightful

      ... and authors should only be paid for the time they are actually writing, researching, or otherwise working on a book, not for each copy they sell. Well done, you've brought the conversation to the point that thousands of geeks have encountered before, for years on end now, when discussing the relationship of software and digital media to products that (in contrast) derive at least part of their usefulness from their tangible nature. Notice that as soon as you switch into the e-book discussion, things start looking hazy again. Why?

      The problem is that with information (which is what digitally stored media is) the price being proposed and paid each time is almost solely for the information itself, which is replicated effortlessly and even communicated in other forms...sung in hymns or scribbled as strings of 1s and 0s on bits of toilet paper.

      Tangible products will never have a problem unless organized crime actively pirates hardware (books..etc). Information however, wants to be free. In fact, we never pay for the media, but for the PERMISSION of the seller/original creator to obtain the information on the media, and people get really really tired of asking for permission to use something they have already bought.

      DRM and other MAFIAA nonsense attempt to render information as "physical" by hampering replication, but due to the very nature of information, that is impossible. Because of their efforts in restricting our rights as consumers, we are entitled to fighting them by refusing their authority completely.

      If you are an artist, I suggest that you stop trying to make your money on information. If you are reasonable and provide your music at decent prices with no restrictions, people will not risk virus ridden undergrounds and instead come to your sources. Still, your real money will be made in the tangible service/good that you can provide, which is your live performance.

      Software is a similar but more complex issue not fit for this discussion.
    85. Re:The Pirate Bay by WilliamSChips · · Score: 1

      The fact that you like Jeph Jacques' work makes your tastes questionable anyways... :P

      --
      Please, for the good of Humanity, vote Obama.
    86. Re:The Pirate Bay by 666999 · · Score: 1

      I'm a classically-trained musician who is more than happy to have his music shared, as it means more exposure. I don't need laws to 'protect' my music from that.

      I write/arrange, record/engineer, and perform the music myself. Here's a sample track. Sick To Death - Tonmeister (For those who need to pigeonhole music into genres, it could be considered industrial punk metal)

      I don't care if people share my stuff, since if it's enjoyable most people will seek out a means to compensate the artist. Those who don't make the effort wouldn't have in the first place, and will still be providing a form of advertising for my songs.

      Sharing is free exposure, not lost sales. I get paid for the CDs I sell, the movies and video games my music (hopefully) will appear in, and the gigs I play.

      I don't make music for money, however. I do it simply for the love of making music. In that respect, I will keep making music even if I never see another penny for my efforts. I don't really think that's comparable to having to do data entry for some corporation to earn my daily bread.

    87. Re:The Pirate Bay by Lobster+Quadrille · · Score: 1

      Well said. In short, like it or not, legal or illegal, the entertainment industry's business model is already collapsing. If they don't adapt, they will not last. I don't feel bad for them- they had a pretty good run as one of the highest-grossing industries in the world for almost a century. Those that can adapt will be fine. The artists will keep making music, and the movies will probably continue in similar fashion. If they don't, it's not that big of a loss.

      --
      "The cup is in turn designed for holding hot or cold liquids, and has an open rim and closed base." --US Patent #5425497
    88. Re:The Pirate Bay by Threni · · Score: 1

      > The real way to encrypt your Bittorrent traffic is available in the link you posted yourself...

      How does that hide your IP address? You going to encrypt that too? And no, my ISP doesn't have any difficulty throttling encrypted BT packets.

      If TOR was made much, much easier to support (ie Firefox plug in) and promoted (more), loads more people would run it (ie anyone file sharing at universities around the world) and it wouldn't be so laggy. It would also mean that it would be easier for people with a need to hide their tracks (other than for p2p naughtiness) to do so.

    89. Re:The Pirate Bay by trolltalk.com · · Score: 1

      "People keep banging on about "ooh, music flourished on people playing other people's songs" and all this crap. You're still allowed to do this"

      Actually, no, you're not. You're supposed to pay a royalty every time you do a "cover" of another bands' material in a public performance. Go talk to the musician's guild if you have any doubts.

    90. Re:The Pirate Bay by jbn-o · · Score: 1

      How is that post interesting? You're basically saying "we should be violating the copyright using a more attractive source so we won't get caught."

      If you're an American, you're jumping to hypocritical conclusions. For all I know the grandparent poster is Swedish and is not in violation of Swedish law, merely recommending a Swedish website that works for a lot of people. America took a stance not too far removed from what you're describing when it allowed commercial publishers to publish Dickens' works (and many others) without sending him money. If I recall correctly, Dickens didn't like this at all and said as much in his writings. This issue of copyright violation is nowhere near as clear cut as it would need to be for your assessment to be fair.

      If whatever you're pirating is actually worth it to you, find a way to acquire it such that the people who made it still get paid.

      You should tell that to the distribution establishment which, at least for corporate music associated with the RIAA, distributes money such that the popular artists get paid quite well and the lesser-well-knowns (which greatly outnumber the popular) often enter stifling debt to their label. The wealthy know the rule quite well: get paid first. Then if something remains, that can be spread in some fashion to whomever is left.

      Why not get a job and just by whatever media you like.

      I'm guessing you meant to say "buy whatever media you like". If so, perhaps you should tell the "Save Internet Radio" proponents that and see what they make of it. That could be quite an interesting exchange.

    91. Re:The Pirate Bay by THESuperShawn · · Score: 1

      >How does that hide your IP address? You going to encrypt that too? And no, my ISP doesn't have any difficulty throttling encrypted BT packets.

      It doesn't hide your IP. there should be no need to hide your IP unless you are doing something illegal.

      >If TOR was made much, much easier to support (ie Firefox plug in) and promoted (more), loads more people would run it (ie anyone file sharing at universities around >the world) and it wouldn't be so laggy. It would also mean that it would be easier for people with a need to hide their tracks (other than for p2p naughtiness) to do >so.

      That's the point, Tor was not made to do this and shouldn't be abused in that form. Hint: Most good BT clients (i.e uTorrent) allow you to choose almost any port you want (well, as long as it's one of the 65355 available), pick an obscure one, use the encryption in the link you provided, and your content privacy is ensured.

      Hiding your identity and wanting to ensure privacy do not "really" go hand in hand with illegal activity. If you want to hide your IP, don't do anything illegal or use a better system besides Tor. It wasn't meant to protect criminal activity, and those supporting it (infrastructure and coding) don't appreciate it being used that way.

      Plus, they cooperated in a large CP investigation when their network was being abused, what makes you think they wont do it for the **IA?

      Not saying I am a boy scout or holier than thou, just saying I don;t abuse Tor and wish others wouldn't as well (especially when I am trying to use it). Illegal activity? That's what your neighbors WAP is for.

      --
      Repant. Thy end is sheer.
    92. Re:The Pirate Bay by Chandon+Seldon · · Score: 1

      Even today, tons of art is commissioned by rich people. There are even far more people with the necessary wealth than there used to be. I don't think that explains Shakespeare though - I think he got paid from theater admissions. And then there's the largest source of art, that created by dedicated artists - the people with a drive to create and will do so even unpaid in their spare time.

      There are perfectly functional copyright-free business models for most types of art. Popular music would be somewhat different - there would be less economic incentive to create artificial pop stars Movie budgets would come down - but you could still raise millions of production dollars through methods like having theater owners pre-pay and the same level of product placement major movies already have. If that stuff is not enough, maybe we should discuss government art grants. But... here's the important thing: The economic load imposed by copyright is way more than the taxes it would take to directly fund art that produced the same level of social good.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    93. Re:The Pirate Bay by afxgrin · · Score: 1

      Just stop supporting artists and productions that insist on using DRM. Support the people that are sharing their work in the way you'd like to see things done.

      I'm all about the Creative Commons art, and frankly have stopped giving a shit about hollywood and major label record production a long time ago.

    94. Re:The Pirate Bay by tomstdenis · · Score: 1

      Your points are moot since there are many perform once, reproduce many businesses. Books, art reprints, hell, do you think Intel handcrafts every single processor? They already made one, why should we pay more than material costs for the others?

      Point is, a good album takes time to make. Sometimes a year or more. Why shouldn't they be able to sell it in WHATEVER FORM will sell and be entitled to a slice of the profit?

      I don't get your points, but I think it's mostly because you've not created a personal public project. I'm the author of two books. I would like to see people either buy my books or ignore them. Not torrent them and not give me any compensation for the time I sacrificed to make the books.

      Wait till you don't get paid for your hardwork to come back and talk about compensation models.

      Tom

      --
      Someday, I'll have a real sig.
    95. Re:The Pirate Bay by tomstdenis · · Score: 1

      I fully support your right to CHOOSE to distribute stuff however you want. The RIAA protected artists have chosen a different release model. That's THEIR RIGHT.

      I'm not against people sharing on P2P. I'm against people sharing media against the creators [or owners] will out of some misguided form of spite.

      Tom

      --
      Someday, I'll have a real sig.
    96. Re:The Pirate Bay by Das+Modell · · Score: 1

      How insightful. I am certain that the grandparent never even contemplated the hypothetical possibility of buying something from another country!

      I don't have a credit card, and my debit card doesn't seem to work for online purchases even thought it should. So what the fuck do you expect me to do? There's no way I can legally get something that isn't sold in my country.

    97. Re:The Pirate Bay by tomstdenis · · Score: 1

      Problem that is, not mine, nor the creator of the art. Your excuse could be re-worded as "I don't have money, so what am I suppose to do?"

      You should also consider that the owner HAS THE RIGHT to restrict sale. For example, I could make a painting, then choose not to sell it anyone with an e in their name. That's my right. Of course they can resell it, but that's not the point.

      If they don't want to sell it in other markets [and therefor limit income potentials], that's THEIR RIGHT.

      Tom

      --
      Someday, I'll have a real sig.
    98. Re:The Pirate Bay by tomstdenis · · Score: 1

      It's your responsibility to pay for the art you acquire [that isn't free], and it's the artists responsibility to secure a distribution contract they can live with. Pirating tracks doesn't automatically mean all the middle men get out of the picture and only the artists get paid.

      So far the 20 or so replies to my posts in this thread seem to fly all over the place. First, the artists aren't paid enough, then the execs are too greedy, then the business model is too old, then the regions of distribution are too exclusive, then blah blah blah. All excuses.

      If you really like the track, movie, book, software, whatever, you'd make sure the owners get paid. Otherwise, you're ensuring they won't be in business for long. And if you don't like the people because of their business policies why are you getting involved by pirating their products?

      Tom

      --
      Someday, I'll have a real sig.
    99. Re:The Pirate Bay by Novotny · · Score: 1

      Mod parent to infinity

    100. Re:The Pirate Bay by Chandon+Seldon · · Score: 2, Interesting

      Just because you benefit from copyright law doesn't make it a good idea for society. Nor do the existence of business models that depend on it justify it. If there were no copyright, things would be different. The question isn't if people would have to adjust - obviously they would. The question is this: would the overall benefit to society be greater?

      Many people who receive copyright royalties think that they have some sort of natural right to those royalties. A right to get paid long into the future for something they did in the past - regardless of the cost to society. That's simply selfish greed, and I'm not terribly interested. If you can show that some version of copyright is the best policy overall, great - let's use that. If copyright isn't the best choice, we should do something else.

      The goal isn't to make sure that artists get paid for every copy of their work. That just happens to be what copyright tries to do. The goal is to make sure that the maximum number of people have access to the greatest variety of artistic works. If we were to abolish copyrights completely today, and as a result no new artistic works were created (which wouldn't happen), there would still be more overall access to artistic works for *many years* - simply because people who couldn't afford copyrighted works before would have access to them.

      So the relevent questions are these: What is the rate of artistic production in the absence of copyright? Is it worth taking action to increase that rate? What action is worth taking? My strong hunch is that the answers end up being "reasonably high", "yes", and "not copyright". Even government art grants are likely to be a better social tradeoff, since that way we don't prevent people from having access to the art that is created - unappreciated art provides no social benefit.

      As for "wait till you don't get paid for your hard work", I write software for a living. Custom software. I bill by the hour. Many writers are like me - they don't live off royalties. They get paid either by the piece, on salary, or some other way.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    101. Re:The Pirate Bay by tomstdenis · · Score: 1

      I should point out that many people who earn royalties don't get paid upfront for their work. Sure some get million dollar ADVANCES but they have to pay them off [and usually do]. In my case, I was granted a small $2000 advance for my two books and my royalties are really small [my fault I suppose but I don't care since I don't rely on them for a living].

      By your logic though, if I commission a house to be built, on land I bought from the government, I shouldn't be able to charge rent since the house has already been made right?

      We'd adjust? WTF does that mean? This would mean we couldn't have TV, movies, books or software. We couldn't distribute function blocks of IP (e.g. hardware designs) either. There would be absolutely no patents either, etc.

      The truth is not all business models are the same. Heck, where I work we only license IP to people for a given product line, usually they can't just re-use the IP for all future products. Mostly because upfront we can't charge them enough to make that worthwhile. For example, if we sell a piece of IP tomorrow it may still be valuable 5 years from now (e.g. in demand). So why shouldn't we be able to charge for it again for new licenses?

      If you don't think they're worth it, don't buy it. They won't get your money. But if you pirate it, you're saying "I want this, I just don't want to pay the owners for it."

      Tom

      --
      Someday, I'll have a real sig.
    102. Re:The Pirate Bay by 666999 · · Score: 2, Insightful
      In my case, I don't buy a CD without hearing it first. This way I'm always happy with my choices. If this means accessing shared media 'against the creators will' then so be it. I've been burned by 'filler' material on high-priced albums one too many times.

      The RIAA protected artists have chosen a different release model. That's THEIR RIGHT.

      That may be so, but it looks like things are changing, simply due to the vast number of people who refuse to blindly purchase media without getting to hear/see it first. In my opinion, that should be the right of the consumer, to view or see what they are purchasing beforehand. It seems many people agree with this viewpoint, perhaps enough to help change the relevant laws. (As far as I remember, it used to be like this in the old record stores, the person working there would be more than happy to play you the record you were planning on buying. It certainly wasn't law, it was directly contributing to a good customer experience. Perhaps we should simply go back to that model. 30-second previews are a good start, but are also occasionally misleading.)

      Perhaps limiting copyright to 5 years would be a better incentive than the current exorbitant length is proving to be.
    103. Re:The Pirate Bay by tkrotchko · · Score: 2, Interesting

      "Royalties promote diversity."

      They might, but the circumstantial evidence does not support that theory. Of course, the problem may be that most artists sign away ownership of their music to the RIAA in order to get a recording contract. In this situation, you can make a strong case that royalties hurt diversity, since record companies are looking to maximize royalties by producing music that is closest to popular (best selling, greatest producer of royalties) music.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    104. Re:The Pirate Bay by Chandon+Seldon · · Score: 2, Interesting

      By your logic though, if I commission a house to be built, on land I bought from the government, I shouldn't be able to charge rent since the house has already been made right?

      Nope. The content of artistic works and land are completely different. My opinions about them are not related.

      We'd adjust? WTF does that mean?

      I mean that there are other business models, that would lead to more of some kinds of art and less of others. We'd get less artificial pop songs and more remixes. Less high budget action movies and more "art films" and low budget "cult classics". Those are both probably good trades actually.

      This would mean we couldn't have TV, movies, books or software.

      Huh? Why? The ones we have wouldn't just disappear. Advertising wouldn't stop being a good business model for TV. Movie production would change drastically, but we'd still get new movies. Selling books would still be profitable - I bet that "author authorized" editions would be enough to support superstar authors, the other authors have day jobs anyway. Software would move to an Open Source + custom work model. It'd be different, but not nesissarily worse.

      We couldn't distribute function blocks of IP (e.g. hardware designs) either.

      Mostly those aren't distributed. They're kept secret and protected by NDAs. That wouldn't change at all.

      There would be absolutely no patents either, etc.

      What? Why? We're talking about copyright here, and patents have nothing to do with copyright.

      The truth is not all business models are the same.

      That's true. Some business models wouldn't work without government granted monopolies. Any government granted monopoly will allow the recipient to be wildly profitable, but that doesn't mean that they're generally a good idea.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    105. Re:The Pirate Bay by StupidKatz · · Score: 1

      Firstly, yes, you are correct in that physical books do command their price in large part because of the reality of the costs associated with their dead-tree physical form. (For the record, I'm not an artist - I punch a clock for my pay.)

      That said, though, *especially* in the realm of entertainment (music, most books I read), the information in the medium did not appear via magic - someone put at least some effort into organizing the information into a form he/she thought some would find worth a certain cost. As I believe in rewarding someone for the fruits of their labor, I have no problem with an author having at least a limited legal monopoly over the distribution of the product of their own works. Seven years of protection upon creation with the option of one seven-year extension seems reasonable to me.
      As much as I loathe DRM - as you say, begging permission to use what I've already paid for - it should be the creator's choice to control the terms for their own works' distribution for a limited time. If no one buys the foolishly-packaged work, then perhaps the creator will take that into consideration in the future. If not, well, there's no law against being stupid.

      When it comes to a "free" medium, it should still be the creator's choice, for a limited time, to choose how to dictate pricing. A "free" medium could mean more profit for the creator, or could entice more people to pay for the assembled compilation, rather than wait for up to fourteen years.

      Therefore, if you were to write a book and offer it for sale in one of many forms, including electronically, I firmly believe that you, as a creator/organizer, should have the option of asking whatever price you wish for any works derived from your offering (to include giving your work away). I, as a customer, would then have the option of meeting your price, negotiating another, or waiting until you, as the author, have had a reasonable window in which to make money off your own work(s)... and then when seven or fourteen years have passed, I then have a new option of finding your information from other sources, to include those who will provide me the information you created at no charge to me.

      The problem isn't necessarily that artists are greedy, that big corporations abuse what power they have, etc. The primary problem in the USA seems to be the imbalance between the law, with its essentially perpetual copyright protection, versus the useful life of the created work to the actual creator/person AND in the interest of stimulating more such potentially useful works by limiting said protection in an effort to enrich our culture as a whole.

      Copyright infringement is not theft, but (perpetual copyright aside) neither is it moral.

    106. Re:The Pirate Bay by paganizer · · Score: 3, Insightful

      And i think you have the right to have that opinion; I just think it's a little 1 dimensional. i have some one dimensional opinions myself; I won't vote for a political candidate who doesn't support the 2nd amendment, no matter how great they are in other areas. this caused me to write-in my daughter instead of voting for Gore in the 2000 election (and I feel very, very, very bad about that).

      Here are another few "rights" I think it is my option to exercise:
      I think I have the right to download, as MP3's, tracks from my extensive vinyl collection.
      (Note: if I was technically unable to rip from vinyl to digital, I would feel bad about downloading the MP3. I don't know why I have that idea. but as my goal is to spare the vinyl, I don't feel bad about it)
      I think I have the right to download MP3's for CD's I've bought that are damaged or don't work.
      I think I have the right to download a copy of anything I purchased, as long as I retain the original product. I've bought games that have malware copy protection (starforce, et al) and the only way to play the game is to download the pirate version.
      Now I understand that what I think I have the right to do, and what the law says I have the right to do, seems to be different. But as my father once told me, "there is Right & Wrong, and there is Lawful & Unlawful. they don't mean the same things"

      --
      Why, yes, I AM a Pagan Libertarian.
    107. Re:The Pirate Bay by bky1701 · · Score: 1

      No. Premarital sex is between two consenting adults. Piracy is one party not honoring it's half of a reciprocal agreement, and simply NOT walking away.
      One? Copyright is a social deal - or was - to create art that would eventually become free, allowing culture to expand. Piracy is 2 sides violating their agreements, normal operation for the MPAA/RIAA is one side doing so.
    108. Re:The Pirate Bay by AngelofDeath-02 · · Score: 1

      That's also a one sided argument.

      I know it's a shocking concept, but some people try software out and then buy it.

      Hell, I had a copy of starcraft before i bought it *3* times, expansion pack and all ...
      Shocking I know. Of course, when I copied it - I didn't have money to buy the game, and barely had a computer (hand me down - needed upgrades - quake 2 at 320x240 with 2d graphics ftw?)

      I probably never would have bought either of those games had i not had a free copy to ensure they were worth spending my precious money on. I also probably wouldn't have worked so hard to GET that money in the first place, but meh.

      Then again - you'll just retort with an argument about how that's great for the totally awesome titles, but not the medeocre ones, or the ones who don't have much in the way of replay value.

      Then again - those games don't provide that much value and cost the same - for a lower price I'd get them, and have (starlancer for 1$ anyone?)

      --
      No, I am not an English major. My posts are subject to typos and incorrect grammar. Do not expect perfection.
    109. Re:The Pirate Bay by 808140 · · Score: 1

      I don't get what you're arguing here. That piracy is wrong? Ok, it's wrong. So?

      I mean, what's your point? If you think not pirating music and making a big fuss about it on public forums is going to help matters, by all means, go ahead.

      I deliberately didn't take a stance on the right or wrong aspect of it because I don't think it makes one lick of difference. Even if you managed to convince every person you ever spoke to (you won't), you'll hardly make a dent in the "culture of piracy". It's already so pervasive that it's useless.

      The war has been lost. Perhaps that means no music and no movies. If so, that's the price consumers are going to pay. But if you think that you can stop it, if you think that it ever will stop, you're honestly deluding yourself. It's not going to stop.

      But please, by all means, go on fighting for what you believe in. I respect that.

    110. Re:The Pirate Bay by vuffi_raa · · Score: 1

      I am a musician and have been trying to explain this to my peers- though you won't make $ through performance-
      only merchandising.
      When you go on tour as an independent you are usually somewhere between -$100 to + $100 per show after expenditures not a lot of $ - though you can pull about 3 or 4 times your guarantee on t-shirt and other merch sales (including CDs - people do like to buy them at shows- and I have had ppl face to face buy them after telling me they downloaded my music) this just needs to be translated to online distro as well. As a musician I know that it is all about the music but depending on the music itself for your income is like walking on a pond right after it freezes- you might skate by but more than likely you'll end up in a world of hurt. I have personally- and I encourage others to add links to available merchandise in the comments (since rippers don't do it) when ppl upload torrents.

    111. Re:The Pirate Bay by Das+Modell · · Score: 1

      And what exactly does it matter that someone who could never get legitimate access to the product downloads it from the Internet? There's not even potential revenue there for the author.

    112. Re:The Pirate Bay by vuffi_raa · · Score: 1

      no he isn't saying right or wrong- what he is saying is what I keep saying to people- it doesn't matter if it is right or wrong- it is here and you can either kid yourself about it or try to adapt and innovate with the climate.
      In the long run I really wonder how big of a deal it will end up being later- since it is a symptom of a bigger issue and that is the national interest of business to refuse to adapt. It is what brought the dot-com boom down (hit us hard I have lived in san francisco for the last 16 years) and I have seen it is sooo many companies that I have worked for. The problem is that it weakens our global value. Business teaches that you are in business to do business. You are not in business to make a better product- if you don't have the better product then you aquire it and represent it as your own.
      If someone gets in your way- sue them.
      Can't sue them?
      Make a law that says you can.
      Other countries don't think this way- it may not be "ethical" by our standards- but they are on their way to doing a better job.
      In the end we will be sitting around puffing our chests and making rules that no one except ourselves care about- and that won't even be much because with no health care, restrictive laws and a dive in the economy we will become hated by the rest of the world- oh wait we already are hated in the rest of the world.

    113. Re:The Pirate Bay by tqft · · Score: 1

      A group of people gathering together to listen to a work of art and then share it amongst themselves and others?

      How about a wandering minstrel comes to a village plays and the people listen, absorb and repeat. Perhaps embellish and use it to help pass the long winters. With others in the village helping to correct each other when they misrembered parts.

      Definitely a lower tech version but until the written word was available it was all the shared culture their was apart from the physical embodied arts. It was prized, respected and the good copiers were rewarded.

      --
      The Singularity is closer than you think
      Quant
    114. Re:The Pirate Bay by KDR_11k · · Score: 1

      Starcraft had a demo version that's explicitely released for evaluation purposes. Use that instead of illegally downloading the full game.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    115. Re:The Pirate Bay by Threni · · Score: 1

      > It doesn't hide your IP. there should be no need to hide your IP unless you are doing something illegal.

      Well, that's one good reason for hiding your IP address, isn't it? Or are you one of those `well, if you're not breaking the law you've got nothing to hide` people?

      What about medical marijuana in the United States? Legal locally, but federal law says no. Well, who gives a fuck what they say? It eases suffering, and that's a good enough reason for me.

      There are other things which are illegal but not morally wrong, such as sharing information about growing cannabis/magic mushrooms. There are things which are illegal in other countries but not in civilized ones. I don't give a fuck about the law - I care about the distinction between morally right or wrong. More tricky - harder to pin down, but life's like that.

      Sure, a lot of criminal activity on the net is related to copyright infringement, but copyright infringement never hurt anybody, and I don't want the money I have taken off me in the form of tax used to protect the likes of Britney Spears.

    116. Re:The Pirate Bay by tomstdenis · · Score: 1

      You're stupid. Sorry, but there isn't another way around it.

      How do you suppose TV would work without copyright? So NBC broadcasts an episode that cost them $150K to make [say lots of actors, music, special effects]. Then some local station copies it and re-airs it without paying for it? Paying for it would be a royalty. Airing it more than once because it's popular seems just.

      Books are already usually in PDF format at the same time as paper. Without copyright or royalties we would just copy the PDF. Hell, I could get a PDF of a text book printed at lulu.com for cheaper than what it would cost retail. Does that make it right?

      And about NDAs, those are government enforced ultimately. You break your NDA, I sue, if I win, the government can enforce the decision.

      Point is we have, as a society, come up with a set of rules to follow in order to make certain ventures profitable. In the case of books, movies, and music a royalty model is chosen so that the upfront costs to sign a band aren't excessive but they are rewarded if they appeal to the public. If you can think of a better way I'd love to hear it.

      Tom

      --
      Someday, I'll have a real sig.
    117. Re:The Pirate Bay by tomstdenis · · Score: 1

      Maybe they want to sell it at a later date in that region?

      You're trying to minimalize the morality of what you're doing. It's okay to pirate it, since they're not losing potential money. WTF is that? If they don't want to distribute it to America, that's their right. You'll have to find a legal way to import it.

      Tom

      --
      Someday, I'll have a real sig.
    118. Re:The Pirate Bay by AngelofDeath-02 · · Score: 1

      I suppose every game has demo's don't they..

      --
      No, I am not an English major. My posts are subject to typos and incorrect grammar. Do not expect perfection.
    119. Re:The Pirate Bay by Das+Modell · · Score: 1

      It's not a moral question. They simply don't lose anything. And where did I say I live in America? If I lived there, I'd no doubt have a credit card because seemingly every American has one.

    120. Re:The Pirate Bay by tomstdenis · · Score: 1

      What if they choose to sell it in America later? Are all the people who pirated it going to buy it then? I doubt it.

      You could re-write what you're saying like this "it's okay for me to steal the chocolate bar today, as tomorrow I'll pay twice."

      No, you don't get to wandering around willy-nilly making up the rules as you go. If they don't sell it in America you'll have to import it yourself. It's that simple.

      Tom

      --
      Someday, I'll have a real sig.
    121. Re:The Pirate Bay by Das+Modell · · Score: 1
      I don't make any rules. It's still illegal.

      If they don't sell it in America you'll have to import it yourself.

      Uh, I already said that a) I can't import from another country and b) my country is not the US.
    122. Re:The Pirate Bay by Penguinisto · · Score: 1

      [...] but P2P is the perfect way for a lot of markets to advertise.

      As a corollary, bands used to use radio as a medium to do just that (before Payola, "promoters", A&R men, ClearChannel, and all the BS that comes along with it). This is why you've always been able to record radio music onto tape legally.

      (and before anyone begins throwing around the "perfect digital copy" argument, consider that back in the day, quality was roughly equal in both recording media and transmitting media... unless you had a shedload of cash for Hi-Fi, the consumer-grade record player wasn't exactly an audiophile's dream, ne?)

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    123. Re:The Pirate Bay by Plutonite · · Score: 1

      As much as I loathe DRM - as you say, begging permission to use what I've already paid for - it should be the creator's choice to control the terms for their own works' distribution for a limited time. But that's what DRM tries to do, except that it attempts to force you into it. Why should the author get to determine what non-commercial activity I do with the media once I've bought it, for any length of time whatsoever?

      I believe in rewarding someone for the fruits of their labor Great, so do I, which is why we should buy quality products as originals. Preventing people from giving us their used goods for free however, is not part of this logic. You cannot, and should not try to, monopolize information.

      Copyright infringement is not theft I actually think it is. Taking someone else's science/music/software/literature and labeling it as your own *is* theft, because you are robbing someone of the recognition they deserve for producing the "information". But not everything that falls under the umbrella of copyright infringement today is in fact infringement at all. There are some imaginary rights that some people have given themselves and which, in the current immature legal state of things, are as such recognized. We should not bend over; we should fight back as we have done, and as we will always do.
    124. Re:The Pirate Bay by glindsey · · Score: 1

      Sounds right to me. Pay for the work, not the product. The product can be copied indefinitely, which increases supply to infinity (and thus reduces its intrinsic value to zero). So what can be done? Shift the supply side of supply-and-demand to something that isn't available in infinite quantities. The artist can only work a finite amount, which results in a limited supply.

      I'm an embedded software developer, and I've heard friends say, "Well, how would you like it if somebody took a program you wrote and copied it a bunch for free?" And I respond, "I'd love it, because that's the mark of a very successful project!" Our clients pay us for the effort and expertise put into the product design and development, not the final product.

      I won't pretend to know the details of how one would create a sustainable business model based solely off of paying for the artist's time instead of for arbitrary copies of a product. After all, each of our projects has a single client paying a lot of money, rather than a lot of customers each paying a little money -- the logistics are different. I just know that the former business model simply doesn't work unless propped up by arbitrary legal fictions.

    125. Re:The Pirate Bay by trolltalk.com · · Score: 1

      Over time, prices out of line with the true cost of manufacture and distribution are unsupportable. If you price your product too high in relation to its true cost, you invite competitors to undercut you.

      When your true costs go down, or a competitor finds a way to change the rules of the game, you have to adjust accordingly. Bittorrent and the mp3 format have both changed the rules AND lowered the base cost, by taking out all the distribution costs. Also, the web has taken out the costs of advertising to help people "find your product."

      And yet, the RIAA wants people to believe that they're still entitled to effectively the same cost per song they were getting 15 years ago.

      Its unsustainable over the long run ...

      Point in fact - Apple only keeps 13 cents for each tune. That means that the cost of manufacturing, distributing, and retailer's cut, which used to account for 80% of the $15.00 a music CD was going for (the content and profit were ~ $3.00, or 20 cents a song), are now 13 cents x 15 songs, when downloaded. That's $1.95. At the same profit per song, online music should only cost 33 cents a song, including the 13 cents for Apple's cut.

      Of course, the main functions of the music houses were to take care of the manufacturing, distribution, and retailer channels. With the net, they're redundant. Artists selling their wares directly on the net will make as much money at 25 cents a song through Apple, even after Apple's 13 cent cut, than they will with the music houses charging their 87 cents a piece.

      Its simple math. The recording houses have failed to pass on the cost savings from the switch from vinyl and cassette to mas-produced CDs at 15 cents a copy, to digital downloads for even less, and they have only themselves to blame for being so uncompetitive now.

      Nowadays, everyone has the ability to "press records". No minimum order required. I'm surprised more musicians haven't dumped the record labels.

    126. Re:The Pirate Bay by Chandon+Seldon · · Score: 1

      How do you suppose TV would work without copyright? So NBC broadcasts an episode that cost them $150K to make [say lots of actors, music, special effects]. Then some local station copies it and re-airs it without paying for it?

      I don't know. $150k isn't a lot of money given the price of advertising - I bet NBC could come up with that if they could even get four affiliate stations to sign payment contracts beforehand. If that doesn't work, they could use the street performer protocol on a per-episode basis. People seem to prefer on-demand content to broadcast content anyway - the street performer protocol business model would remove the pressure from businesses against that trend.

      Books are already usually in PDF format at the same time as paper. Without copyright or royalties we would just copy the PDF. Hell, I could get a PDF of a text book printed at lulu.com for cheaper than what it would cost retail. Does that make it right?

      I occasionally play tabletop roleplaying games like D&D. Historically, money has been made in that field by selling books (game rules, rule supplements, and setting information). Players just downloading the books in PDF rather than buying them is a simple reality in the industry now - and books are less profitable than they used to be.

      The first fact is this: People still want books. Even when the choice is between a $0 PDF and a $40 book, RPG publishers still get enough sales to make producing and selling the books worthwhile. In addition to that, the RPG publishers are starting to adjust their business model to the new reality. Wizards of the Cost (who make D&D) have been focusing more and more on their official plastic miniatures line - people buy those and you can't copy them by computer currently.

      Sure, the same details don't work for every kind of book. Some books people will read on a screen happily - maybe the authors have to resort to the street performer protocol. Reference books are generally best on paper - people will keep buying them. Maybe there are other kinds of books that would cease to exist, self help books maybe; Are those really worth keeping the economy radically warped and sacrificing access to culture to preserve them?

      And about NDAs, those are government enforced ultimately. You break your NDA, I sue, if I win, the government can enforce the decision.

      NDAs are contracts. Contracts have nothing to do with copyright - they would still be perfectly valid if copyright were eliminated. I'm not talking about abolishing the rule of law here - just the removal of one specific class of law: copyright.

      Point is we have, as a society, come up with a set of rules to follow in order to make certain ventures profitable.

      The reason for copyright law is not to make "certain ventures profitable". That's just a means to an end. The goal is this: to encourage the production of artistic works so our culture can reap the benefits of that art.

      In the case of books, movies, and music a royalty model is chosen so that the upfront costs to sign a band aren't excessive but they are rewarded if they appeal to the public.

      That's how it works today. There's no reason it needs to exactly that way in the future. The vast majority of books and music don't make the authors a significant amount of money in royalties. The few superstars who make a living off it are exceptions, and there are perfectly good ways to turn being a superstar into making money anyway. Movies are a more interesting question, but I don't think that it would be severely disadvantageous to society if sequels with budgets like Oceans 13 become uneconomical. For smaller budget movies, you can fund them in other ways.

      If you can think of a better way I'd love to hear it.

      The point

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    127. Re:The Pirate Bay by init100 · · Score: 1

      Actually not. Some games sell on hype and name only. This was especially the case in the past (I think most games have demo versions nowadays), with SimCity, Civilization and Microsoft Flight Simulator being notorious examples of games that didn't have demo versions in the past.

      Availability of a demo version is only one factor though. Some demos were insanely limited, and did not create a good "hook" effect (the "I just must buy this game" feeling). An excellent example is the demo of Advanced Tactical Fighters (ATF), that had a two minute "instant action" type demo, where you would start in the air surrounded by bogeys with no idea about how to do anything other than steer the plane. Then two minutes later, the demo would end, throwing you back into DOS. I bought the game anyway, but only after they had put the expanded ATF Gold version on sale for about $20.

      Examples of games that gave a significant "hook effect" are Transport Tycoon, Rollercoaster Tycoon, Homeworld, Imperium Galactica II and Earth 2150. Transport Tycoon was a time-limited demo covering two years, but two years took about an hour IIRC, so there was plenty of time to experiment. Rollercoaster Tycoon had a few scenarios and a small subset of the full set of attractions, but provided a good showcase of what you could do. Homeworld, IG2 and Earth 2150 had full tutorials and a few missions to get you started. These were all excellent demos that made me buy the game just a few days after trying it.

  3. Neat move by Deadstick · · Score: 4, Insightful
    It is likely that TorrentSpy would turn off access to the U.S. before tracking its users.

    Which is to say, game, set and match, MPAA.

    rj

    1. Re:Neat move by bishiraver · · Score: 4, Informative

      Interesting point.

      Both europe and asia have more users online than north america at this point. When it comes to the internet, populationwise we are shrinking in power.

      Anecdotally, most of the innovation I see in web design recently comes out of Sweden. I actually think that other countries might (if not already have already) surpass the US in terms of net export of brainpower, invention, and developmental progress (as opposed to hardware progress). Not only with our national deficit, but with this trend.. Well, I'm not an analyst.

      Anyway, actions like the MPAA's (if indeed TorrentSpy decides to cut access to the US), while relatively minor in the scope of things (there will always be other trackers) is evidence of a trend of self-sanctions. Instead of us putting economic sanctions on other countries (iraq, cuba), our actions are causing other countries to effectively sanction us...

    2. Re:Neat move by WaZiX · · Score: 4, Interesting

      Dispite all this, the U.S. economy does appear to be growing at a faster rate than Europe's

      Nominal Growth or realt growth? (inlation corrected or not).

      Does this "analysis" take into consideration the fact that the US accumulated huge exterior debt (and hence will have to pay interests on those)...

      Did you take into account that the Euro/dollar exchange rate has steadily decreased (the Euro has appreciated)...

      Did you take into account that most of the European population is more risk avers then the Americans, did you take that risk aversion into account in your analysis?

      Are people happier in the US then in the EU?

      You know, as an economist, I sometimes wonder why people have such Friedmanian views on the economy...

      In the end, it doesn't matter if the US has a bigger economic growth then the EU, what matters is that _both_ economies do well. We're talking about how well people live here, not the level of two players in some game...

      If economy (and hence the well being of the population) was just about having big numbers, do you really think there would be so much debate in the economic theory?

    3. Re:Neat move by xarak · · Score: 1

      Not really, it's Game, Set & Match for Torrent proxies in the EU, China, India, ...

      The MPAA will lose their war, whatever happens. Digital means no cost duplication, whatever protection you put in, because something needs to decode the bits & bytes somewhere. That decoder will always be able to provide a decrypted copy.

      They should be spending their efforts on finding legal, reasonably priced, distribution methods instead.

      --
      Atheism is a non-prophet organisation
    4. Re:Neat move by darkwhite · · Score: 1

      most of the innovation I see in web design recently comes out of Sweden Innovation in web design is like innovation in dashboard decorations. Pretty, but utterly inconsequential. It's the functionality that matters.
      --

      [an error occurred while processing this directive]
    5. Re:Neat move by Sectrish · · Score: 1

      I'm sorry if my post seemed as if I was trying to be an expert on economics. I am obviously not(never had any in my life), I just know the things I read sometimes on wikipedia and in articles (hah, what a credible source I got there).

      Also, I didn't mean to argue any living standards, which can be debated endlessly. I hope it is clear to everyone that both unions have advantages and disadvantages but that in the end it's pretty much equal. I guess I forgot about that because the parent of my original post argued population power and the likes.

      I hope that next time I can resist the urge to post about something I don't know anything about :)

    6. Re:Neat move by voisine · · Score: 1

      You know, as an economist, I sometimes wonder why people have such Friedmanian views on the economy Umm... because socialism has failed, spectacularly, and Friedman proven right over and over again? Because liberty actually works?
    7. Re:Neat move by voisine · · Score: 1

      Don't let him intimidate you... you were right. Check out the wiki article on Milton Friedman who's ideas he's exacerbated by. He's only the most influential economist of the 20th century, who counciled Regan on how to pull our fat out of the fire on stagflation. His radicle idea? Liberty works, socialism doesn't.

  4. Quit Crying!!! by zenlessyank · · Score: 3, Funny

    Um, Does anyone remember FTP? Or the other 69 methods of moving files around? This is just another sad attempt for someone to try to control something they dont like! The internet has become The Tree of Knowledge that God banned from us long ago, and some people don't like it!! This will stop piracy about as well as burying a goat's head in your back yard to ward off evil spirits!! DEATH TO THE MAN!!!

    1. Re:Quit Crying!!! by Teifion · · Score: 4, Insightful

      This will stop piracy about as well as burying a goat's head in your back yard to ward off evil spirits!! I was told that a goats head stops Depression but it may or may not stop spirits, to stop piracy I beleive you are looking for 2/3rds of an African Elephants left tusk, 1 cucumber and a kilogram of horseraddish. Take these and place them in a box then bury that in your garden. If you don't have a garden, well, I cannot help you.
      --
      My blog - This link wouldn't be interesting even if we set fire to
    2. Re:Quit Crying!!! by Blahbooboo3 · · Score: 1

      While true alternate downloads mechanisms exist, how many people in the public have access to pirate FTP sites? Bittorrent brought illegal downloading of movies to the masses. Before bittorrent most people had no idea where or how to download movies on the internet.

    3. Re:Quit Crying!!! by tietokone-olmi · · Score: 1

      You only know 70???

      Geez, must be newbie season again.

    4. Re:Quit Crying!!! by RaboKrabekian · · Score: 2, Insightful

      That this was modded insightful gives me hope for the future.

      --
      "Moderate drinking can help prevent amputated limbs" -- Abigail Zuger, NYTimes, 12/31/02
    5. Re:Quit Crying!!! by gravij · · Score: 2, Informative

      Before bittorrent most people had no idea where or how to download movies on the internet. Sure they did, it was called Kazaa lite and it was the greatest thing ever. The only problem was that they were on dial-up or something similarly slow. Bit torrent is great, but the fact that you need to find a client and a tracker and a torrent file puts it out of reach of a large group.
    6. Re:Quit Crying!!! by maeka · · Score: 1

      Before bittorrent most people had no idea where or how to download movies on the internet.

      Wasn't that a nice time to be alive?
      Less self-righteous "freedom fighters" who don't understand the true meaning of civil disobedience.
      Less harebrained ISP throttling methods attempting to manage out of control P2P bandwidth.
      No anti-piracy warnings before the showing of films in the theater.
      A vibrant, helpful, and well-oiled USENET community.

      (ok, so maybe that last one never existed.)

    7. Re:Quit Crying!!! by westlake · · Score: 1
      Um, Does anyone remember FTP?

      There have been 119 million downloads of LimeWire from Download.com. 45 million downloads of BitComet. 15 million downloads of SmartFTP. 1 million downloads of Xnews.

      The back corners of the Internet - accessible through software only a Geek could love - are fading from memory. If you ever knew they existed.

    8. Re:Quit Crying!!! by Zeussy · · Score: 2, Interesting

      I wouldn't really say brought illegal downloading to the masses. If you walk up to the average person in the street and ask them if they use the internet, you would probably get a yes. If you then asked do you use bittorrent, or know what it is, you would probably get a no.

      The fact is torrents are mainly used by students, the less well of or the damn right stingy, and no matter what you do to these people no will not part money unless they have to, either because they can't afford to. The stingy people you may scare into buying content, but for the students and less fortunate there really isnt any loss in sales because there wouldn't be a sale in the first place, they are getting content they like, but couldn't afford.

      If you give people a simple, organised alternative e.g. iTunes (not the best system I know) people will use it and pay for content. The MPAA should get with the times and organise an iTunes for films for the entire market (I know some studios are starting to get on the bandwagon, and I won't even touch on the DRM issue, as that will go on for hours).

      But going after students and the like is pointless, there wasn't really a sale there in the first place.

    9. Re:Quit Crying!!! by Lazarian · · Score: 5, Informative

      Being modded funny doesn't boost one's karma. Lately more people have been modding insightful or informative to help boost fellow contributor's karma points.

      Either that or someone is really digging a hole in their garden.

    10. Re:Quit Crying!!! by AndrewM1 · · Score: 1

      WTF? The parent is rated...Insightful?!?

      Anyway, you actually want to bury your computer's network card in the backyard. Poof! Perfect protection against MPAA spying?

    11. Re:Quit Crying!!! by a.d.trick · · Score: 1

      The Tree of Knowledge

      Where is this knowledge you speak of? I see information, but knowledge, not so much

    12. Re:Quit Crying!!! by OverlordQ · · Score: 2, Insightful

      That's what's broken with the mod system. I agree funny shouldn't get karma, but people voting informative/insightful should be M2'd as wrong, nothing informative or insightful about that no matter what you're attentions are.

      There's a reason funny doesn't get the karma bonus, it's to encourage GOOD DIALOG, not one-liners.

      --
      Your hair look like poop, Bob! - Wanker.
    13. Re:Quit Crying!!! by Anonymous+McCartneyf · · Score: 1

      So much the better. If almost nobody knows those services exist, then maybe the labels and studios don't know they exist. If the labels and studios don't know about them, they can't sanction or bankrupt anyone who happens to use them for a black/grey market.
      Selection won't be as good, but odds of prosecution will lower considerably.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    14. Re:Quit Crying!!! by Frogbert · · Score: 1

      I'm throwing in some Otter fur just to counteract your bad vibes!

    15. Re:Quit Crying!!! by lucas+teh+geek · · Score: 1

      yeah but it's a broken system when you can get +10 funny, -9 overrated, total score 1, and lose 9 karma points. I've got no problem with no karma bonus for funny mods, but a funny mod should counter the karma loss of a downmod

      --
      TIAEAE!
    16. Re:Quit Crying!!! by plaxion · · Score: 1

      I've always found that a bit unfortunate as, like many other /.ers, I'm usually more motivated to post a comment when I have something humorous to say. (Or at least *I* think it's funny) What can I say, I guess my personality lends itself to being more +Funny than +Insightful.

      That being said, I can understand the reason why this is the case and in fact agree with it; albeit somewhat begrudgingly at times.

      I think that if there are moderators out there who are actually artificially boosting a poster's karma by inappropriately moderating a post +Insightful or +Informative when it should clearly be marked +Funny are abusing the system. Maybe not the rules of the system, but definitely the spirit of it.

      With any luck, the meta-moderators are catching the subtle difference so the system can self-correct by eventually weeding out such rogue moderation.

    17. Re:Quit Crying!!! by bky1701 · · Score: 1

      Overrated and underrated do not have any effect on karma, in exchange for not appearing on metamod.

    18. Re:Quit Crying!!! by StikyPad · · Score: 1

      There's a reason funny doesn't get the karma bonus, it's to encourage GOOD DIALOG, not one-liners.

      Ba-dum-dum.

    19. Re:Quit Crying!!! by elrous0 · · Score: 1

      Oh, no way man! The last time I tried that formula I screwed it up and ended up with a zombie elephant. Do you have any idea how hard it is to kill a zombie elephant?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  5. Deep well by Anonymous Coward · · Score: 1, Insightful

    "It never ceases to amaze me how hard some people will try to put the genie back in the bottle."

    There's ONE way. Simply stop producing content. Kind of hard to "steal" what doesn't exist.

    1. Re:Deep well by BakaHoushi · · Score: 3, Funny

      I thought the RIAA and MPAA's current strategy was working quite well: Produce shit so awful, no one would even want it for free. Lord knows I don't pirate movies or music. It'd be a waste of hard drive space.

    2. Re:Deep well by Anonymous Coward · · Score: 1, Insightful

      "Produce shit so awful, no one would even want it for free."

      Well aside from the subjective nature, the fact that Piratebay and others even exist shoots down the "It's crap!" argument. Like I said, if there's no content to "steal" then there's no longer a piracy problem. Some will say the small guy will step up to the plate. But that ignores two things. Piracy hurts the small guys far more than it hurts the big guys. It's also on a larger scale because there are more 'small guys'*, and they don't have the money to defend themselves. And in this vacuum the small guys will take the big guys demise to heart and say "that's not going to be me", and try something safer. So yes the genie can be put back in the bottle. The problem is that everyone, both honest and dishonest will suffer.

      *And their piracy problem passes under everyone's radar. When was the last time slashdot had a story on the small guys and how piracy affacted them? Nope. RIAA this, and MPAA that. We pick our forests well, and ignore the trees.

    3. Re:Deep well by BakaHoushi · · Score: 1

      And you think money grows on trees. CD-Rs and DVD-Rs cost money! Besides, that means I'd have to FIND the CD I want with the song I want, put it in, wait for it to load, THEN play it. Who has that kind of time anymore?

    4. Re:Deep well by BakaHoushi · · Score: 4, Insightful

      1. My original comment was a joke, and a way of expressing that I see no value whatsoever in most forms of modern music and movies. Obviously the fact that people DO pirate this stuff suggests others do not agree.
      2. The reason the RIAA/MPAA make the news here is because of their behavior. They sue many, many, many people. Joe Shmoe who owns a record shop in Detroit does not. "Nobody sues no one" is not a news story.
      3. You accuse slashdot of picking only stories that make the RIAA look bad, without the stories detailing the harm piracy causes to the little guy. Well, care to cite a few sources? /. is not a news organization. It's a site that links to other stories on other pages. Do you KNOW of any articles concerning this topic? Have you submitted them?
      4. Should the market collapse due to piracy (And I have my doubts to this), big and small, well, that's capitalism for you. Goods were not provided at a cost people were willing to spend, especially ones that are easily replaceable, and the market was not willing to adapt, so it dies. That's the way the cookie crumbles.

    5. Re:Deep well by Kjella · · Score: 2, Insightful

      4. Should the market collapse due to piracy (And I have my doubts to this), big and small, well, that's capitalism for you. Goods were not provided at a cost people were willing to spend, especially ones that are easily replaceable, and the market was not willing to adapt, so it dies. That's the way the cookie crumbles.

      Note: This is not a flawed equality between copyright infringement and stealing. But capitalism covers both and it's easier to understand with a physical example.

      No, that's not capitalism at work. If you make a gizmo for $80 and sell it for $100 but noone wants it, that's capitalism. If your neighbor figures out how to make them for $60 and sell them for $75, obviously people would buy at the lower price. Driving you out of business is also capitalism at work. But if the local thief take them at no cost and sell them for $50 (or for that matter give them away for free), that's not capitalism.

      Yes, the demand side is acting rationally by going for the lower price (ignoring a host of things like legality, ethics, convienience, quality and brand, but I'm simplifying a lot here). But the supply side would make the market collapse, because noone can produce at that price and so nothing would get produced (ignoring things like subsidies and dumping strategies). It's not the goods were provided at a cost people weren't willing to spend, it's that illegal goods were provided at a lower cost than could possibly be matched. There's no way to "adapt" to that.

      Of course, at this point someone would say that the cost of producing a digital copy is $0, so there's no "below cost". That is a really cheap trick with numbers when you look at the individual copy, and not the work as a whole. Let's say you want to make a sci-fi movie. Once you add up the costs for scipt, director, equipment, location, actors, makeup, props, models, sound effets, editing, special effects and so on you get a total of $10mio. Those you have to recover some way, across all your copies.

      Let's say you plan to do that selling 1 million DVDs at $10, and we can assume they'd be willing to pay that. But, they are offered a pirated DVD instead at $2. Is $2 less than $10? Yes. Willing to spend != Willing to spend more than necessary. And at $2*1mio = $2mio the pirates can afford to make one million DVDs - but there's no way it could pay for the movie. It's not the goods were provided at a cost people weren't willing to spend, it's that illegal goods were provided at a lower cost than could possibly be matched. There's no way to "adapt" to that either.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Deep well by numbski · · Score: 4, Funny

      It's not the goods were provided at a cost people weren't willing to spend, it's that illegal goods were provided at a lower cost than could possibly be matched. There's no way to "adapt" to that either.

      Yes, it *could* have been matched or beaten, and yes, there is a way to adapt. Do a bit of research on Bollywood. That's a polar opposite example of the US. Piracy, by comparison, is pretty much non-existent here. There are movies being made, far too much money spent to make them, and all for the hope of being the summer blockbuster, when it is unneccessary. We don't need super-stardom. These companies are NOT guaranteed a profit. Piracy generally occurs because things are sold at a higher price than they need to be. True, capitalism speaks that you should always sell at the highest price any demographic is willing to spend, but...well, I don't have the time nor energy to go into a full-blown econ lesson here. The movie was made for $10mil. It didn't have to cost that much, that was a production choice. (Note - I'm not saying it's right or wrong, simply a choice.) If it costs $5mil, yes, it still costs twice as much as the expense of the pirates, but bear in mind that there's also labor duplication and distribution duplication. The market becomes more competitive, even vs pirates, and as distribution costs approach 0, then the legit option will become increasingly more palatable than the pirated of the same. This is without taking DRM and barriers to consumption into account (which throws an already bleak picture for the MAFIAA in even further turmoil).

      I sell legit, Tony Cola for $.75/glass, but in order to buy it, you have to prick your finger at time of purchase. The Cola's pretty good, so people put up with the pricks. Eventually someone across the street manages to make a perfect duplicate of Tony Cola (and in our imaginary world there are no production or distribution costs), they get all of the great taste of sucking on Tony without the pricks. Where do *you* think they'll go?

      The answer is clear. Ditch the pricks.

      --

      Karma: Chameleon (mostly due to the fact that you come and go).

    7. Re:Deep well by irc.goatse.cx+troll · · Score: 1

      No, that's not capitalism at work. If you make a gizmo for $80 and sell it for $100 but noone wants it, that's capitalism. If your neighbor figures out how to make them for $60 and sell them for $75, obviously people would buy at the lower price. Driving you out of business is also capitalism at work. But if the local thief take them at no cost and sell them for $50 (or for that matter give them away for free), that's not capitalism.


      And lets say your neighbor is in violation of patent law, should all the consumers really care? It's not that much different than when some 14 year old downloaded the latest metallica cd off napster. He might not have a clue what tech or laws are involved, he just knows he's getting what he wants for the best (and possibly only if he has no allowance)
      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    8. Re:Deep well by jthill · · Score: 1

      Speaking of cheap tricks, I notice you don't mention copyright extension.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
  6. Privacy policy by UbuntuDupe · · Score: 4, Interesting

    If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise.'"

    You know, I heard in some countries, they can tap the phones if they get a court order, even though the privacy policy of the people talking says otherwise.

    1. Re:Privacy policy by Brother+Dysk · · Score: 2, Interesting

      You know, I heard in some countries, they can tap the phones if they get a court order, even though the privacy policy of the people talking says otherwise.

      Surely it's the privacy policy of the telecom that's the issue in the example of a phonetap. If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise.

      Also, if TorrentSpy are forced to monitor users, what's to prevent them from changing their privacy policy to reflect this, and placing it at the top of every page in big red writing?

      --
      - Frans.
  7. Privacy by Drexus · · Score: 1

    There goes all the privacy anyone will have now, and in the future. The only bridge remaining is to pass a law that says any torrent site will be required to yield data. From there, the MPAA can define what a torrent site is by it's activity, even though it may be a commercial site. Yes, our privacy is lost, and the constitution is cut down once more.

  8. Re:Boo-hoo by Brother+Dysk · · Score: 1

    "we have copyright laws on the books and content producers rely on those laws to protect their livelihood" While this may not apply to the MPAA to the same extent, the RIAA are most certainly not a content producer, nor are any of the members they represent. ARTISTS are content producers, not record companies.

    --
    - Frans.
  9. Re:Boo-hoo by Mr2001 · · Score: 3, Insightful

    Buggy whip makers relied on the horse drawn carriage to protect their livelihood, and look where they ended up. Sorry, but capitalism means no one owes you a living, and if you refuse to adapt by providing something people can't get on their own, then you're toast.

    --
    Visual IRC: Fast. Powerful. Free.
  10. Awww by db32 · · Score: 2, Insightful

    Poor little copyright violators are going to have to find a new source to steal from while making high and mighty moral claims about how evil the **AA groups are. I think the RIAA and MPAA can rot, and sincerely hope that this trend of the government to support their broken business model of attacking the citizens with insane claims ends soon. However, I am so sick of people getting up in arms about these shutdowns, and then wave their tiny little banner of "but bittorrent is used for legal stuff" yeah...so...it is...but I would guess that most of the people who parade out that silly argument have never used it for anything legal themselves, and just continue to download copyrighted works.

    In a nutshell, get some self discipline and quit crying. I think all of the illegal download places should be shut down permanently. These stupid people cry about prices of software, about treatment of customers, and then they get the software and use it anyways. So, the company still gets its massive userbase knowing full well that many will be illegal copies, but as long as it grows their market share they will get more sales in the long run than what anyone "stole" from them. I went to linux because I can get any of the software I could need easily (no crack/serial/download searching) free (no astronomical sticker prices), and legally (no mega fines, or any of the recent trend of jail terms) and actually pay for the tiny amount of Win32 software that I ever use. The same goes with music, I just don't buy it anymore. And here is a shocker folks, when you don't use OS/Software from the commercial world who cuts all the stupid DRM deals...when you DO put one of those "copyright protection highjacker" type disks in that install all manner of rootkit type garbage...not much happens.

    In closing, for all you who are going to respond to this... If you are doing so from an illegal install of Windows or other OS... Go switch to a legal alternative through download or purchase before you even bother.

    --
    The only change I can believe in is what I find in my couch cushions.
    1. Re:Awww by janrinok · · Score: 2, Informative

      Firstly, not everyone is downloading illegal material. I accept that this might account for the majority of torrent traffic but it appears to me that everyone will be penalised for the actions of a smaller group of people, however large that group might be. And it goes someway to explain how you think if you believe that ONLY illegal traffic is moved by torrents. I can download more linux isos by torrent than I would wish to do by http/ftp. There are many books - legally released in electronic format - that I have downloaded than I could ever afford to have bought.

      Secondly, we are not all in the USA or bound by US law. Servers in other countries will undoubtedly become far more attractive to US citizens as a result of this ruling. BUT, it will not stop torrent traffic, so what has actually been achieved?

      --
      Have a look at soylentnews.org for a different view
    2. Re:Awww by MightyYar · · Score: 1

      Congratulations on making a remarkably condescending post.

      The world that you wish for is not realistic and isn't going to happen. There may be a lot of whiners on here, but you are being one of them.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re:Awww by AdmiralWeirdbeard · · Score: 1

      Hrmmm.... legally purchased OS X? check. Legally free downloaded oss browser? check. ok I guess i meet those requirements.
      Now, in reply:
      clearly your focus on software pirating is misplaced. Microsoft isnt bringing this suit mentioned in TFA, and the MPAA sure doesn't give a fuck about pirated windows. I'm sure if you asked them to comment they would deplore all copyright infringement as being one and the same and all evil, blah blah blah blah blah. But what they really care about is their bottom line. And i can respect that. Its not that I dont think they should make money. Its mainly that i think their business model is antiquated in a digital age and they're retarded for trying to criminalize their customers by legislating it into perpetuity.
      For a long while after the Napster bust, i refused to download music anymore. Didnt want to get caught, didnt want to steal, yadda yadda yadda. But then I realized that my music has massively stagnated, i hadnt been to any shows of bands I didnt know personally in 3 years, and that was rather absurd. So i rethought it. I download now. I download a good bit. I also throw music away if I don't *really* like it. And i use those downloads as a guide for shows i go see.
      There was an interview on the Onion AV Club recently with Redman. He basically said that he couldnt give a fuck about his record deal because his albums existed solely to get people to his shows, where he made all his money. I can definitely respect that, but the RIAA doesnt get a cut of that cash, so even though their members may not individually be put out by downloading, the bureaucracy itself is, so they go litigious. And thats bullshit.
      I realize this was a suit by the MPAA, but I dont download movies. I've got netflix for things i want to watch once, and I like havign the boxes of movies i keep, and despite having a rather large TV, nothing beats a big fucking theater for the proper first-viewing of a good film. Or an awesomely bad film with rat effects.

      --
      Come read my stupid blagablog. Rants and Giggles
    4. Re:Awww by Draek · · Score: 1

      hey, if I could make all copyright infringement stop tomorrow I would, because maybe that'll finally make people realize the extremely overpriced, bloated pieces of crap that are Photoshop, Office and Windows, but if we don't fight for the privacy of alleged criminals today, when they come after us tomorrow it may already be too late.

      and if it matters, I'm posting this from a Xubuntu machine while listening to a playlist full of legally-acquired music, mostly from Magnatunes.com

      --
      No problem is insoluble in all conceivable circumstances.
    5. Re:Awww by db32 · · Score: 1

      Its all related because MPAA, RIAA, BSA are all internet gestapo when it comes to this downloading thing. The people who go on about how there is legal stuff on torrent are two things...they are right...and they are stupid. Of coarse there is legal stuff to download on the internet, and of coarse just about any way to transmit data can be used in a legal fashion, the vast majority of the traffic is not legal, and if it was mostly legal traffic then you wouldn't see these gestapo tactics. Music, movies, or software, there are a million justifications from "the artists are getting screwed" to "the artist doesn't care" to "they charge too much" to "its a bad business model" but the fact remains it is indeed their ball and they can take it and go home. You don't like it, don't buy their crap, violating copyrights and then trying to justify it through all these nonsense reasons is just stupid, childish, and greedy, and that is exactly what people do with this.

      Ultimately, the greedy little children that download this crap and justify it are just as much of the problem as the **AA groups are. If the community outed them, didn't support them, and otherwise dealt with them, then we wouldn't have the gestapo trying to destroy the internet to get at them. Police your own before someone else decides to do it. Freedom and all is a great cause to make a stand on, but downloading leetsoftware.rar, britney_spears_I'm_a_whore.mp3, hot_pron.wma, and blockbuster_release.mpg for free is not even remotely the same thing. In the mean time it provides excellent justification for these people to step in and tromp on our rights so they can come knock on your door when they catch you sharing How_Democracy_Failed.doc. The government's primary job is to manage interstate commerce and the like, and this without a doubt falls well inside their area of responsibility.

      --
      The only change I can believe in is what I find in my couch cushions.
    6. Re:Awww by db32 · · Score: 1

      I think the gestapo tactics, the extraditions, the jail time, and all of that are insane responses to copyright infringement, however, at some point it becomes a matter of common sense. Don't poke the bear. Everyone understands money buys a great deal of sway in the world. Everyone understands that these people have lots of money and want to squeeze everyone for more. Everyone should be perfectly clear right, wrong, or otherwise that screwing with these people is the last thing you should do. Should we defend the old woman who is being sued when she didn't download, yes, should we be outraged at the lawsuit launched against a 5yr old (or however old she was), yes, should we be in arms about piracy havens getting shut down or those guys getting tossed in jail, not so much. The real banner we should be waving should read "Punish them! Punish them justly!" because quite frankly I feel very little pity for them, they knew what they were doing, they knew the risk, its not right that they should get punished so severely, but I don't feel any need to defend them beyond "well, maybe you should just fine the bejesus out of him and put him on probation".

      People like to do this victimless crime thing with this, and that is just plain stupid and a horrible understanding of economics. Yes, not all downloads would equal a sale, however, music and movies are FAR more likely to have been a sale instead of a download. So now all the local store owners who would have otherwise gotten a sale, now didn't, and he lost his investment on that item. Megalomart can afford that kind of loss. Dave's Music World owned and operated by local music fan Dave can't. So on top of everything else, it helps the despised megachains push further in, and force local business out.

      --
      The only change I can believe in is what I find in my couch cushions.
  11. hey by dominious · · Score: 5, Funny

    everyone start sharing goatse material with torrentspy. The MPAA will freak out:)

  12. Howto delete torrentspy account by Anonymous Coward · · Score: 1, Interesting

    How can one delete an account on torrentspy ? I don't find a button to do so... unfortunately.

    There should be a law requiring all sites that allow you to register to also have an unregister button somewhere.

    All jabber/xmpp servers allows you to unregister.

    1. Re:Howto delete torrentspy account by Schnapple · · Score: 1, Insightful

      How can one delete an account on torrentspy ? I don't find a button to do so... unfortunately.
      You actually made an account on TorrentSpy? Wow. An account on a website that does something illegal, way to go buddy.
    2. Re:Howto delete torrentspy account by A+beautiful+mind · · Score: 4, Insightful

      Using bittorrent in itself is perfectly legal and everyone who questions that is missing a couple cogs in their brain.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:Howto delete torrentspy account by speaker+of+the+truth · · Score: 3, Insightful

      The overwhelming majority of people using bittorrent use it to trade in pirated content and everyone who questions that is missing a couple cogs in their brain.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    4. Re:Howto delete torrentspy account by alx5000 · · Score: 1

      Neither of using TorrentSpy or Bittorrent nor downloading copyrighted material for private use is illegal in Spain. Sharing it is also legal. If it's not for public viewing and there's no profitting involved, the law (still) says it's alright.

      --
      My 0.02 cents
    5. Re:Howto delete torrentspy account by d34thm0nk3y · · Score: 1

      The overwhelming majority of people using bittorrent use it to trade in pirated content and everyone who questions that is missing a couple cogs in their brain.

      World of Warcraft alone has 8 million users. I guess I am missing some cogs.

    6. Re:Howto delete torrentspy account by kwark · · Score: 1

      So? Before high speed internet the vast majority of people owning cdburners where using them for copy copyrighted content. 99% of the stuff I download (with bittorrent) is legal (movies and music, the other 1% being nonfree software).

    7. Re:Howto delete torrentspy account by magictiger · · Score: 1

      The overwhelming majority of people using cars use them to break the speed limit and everyone who questions that is missing a couple cogs in their brain.

      GREAT ARGUMENT! The overwhelming majority of people using [insert random tool here] use them to [insert bad thing that can be done by tool here] and everyone who questions that is missing a couple cogs in their brain.

      The overwhelming majority of people using rules of order use them to block anything important from happening in meetings and everyone who questions that is missing a couple cogs in their brain. This is BRILLIANT! Forget those legitimate uses! Bring on the sweeping generalizations!

    8. Re:Howto delete torrentspy account by Jarjarthejedi · · Score: 1

      That's nice...hmm, I just had an idea. The overwhelming majority of internet content (note the sweeping generalization with no facts or statistics to support it) is either pornographic or copyright infringing. Anyone who doesn't believe that obviously has a few cogs embedded in their brain, since, you know, then brain doesn't actually have Cogsworth Cogs (and now note the Argument ad Hominem (sp?)). Therefore lets shutdown/monitor the entire internet because who cares about the couple of people actually using it for respectable purposes.

      How bout no? You may be correct that the majority of bitTorrent traffic is pirating. But even if you are it's a pointless statistic as there is no way that all bitTorrent traffic is pirating. If it's all illegal then I don't care what happens to it but if some people are using it for legal reasons what reason is there to spy on them?

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    9. Re:Howto delete torrentspy account by Admiral+Justin · · Score: 1

      Yep, I am a World of Warcraft user. This means I use torrents... I must be a thief who steals stuff from all over.

      Nope, the only loot I get is off the monsters I kill.

      LFG MPAA, need healer and dps

      --
      You will be baked, and there will be cake.
    10. Re:Howto delete torrentspy account by Schnapple · · Score: 1

      You missed the point - TorrentSpy is a website where anyone in the world can go, click on a link, download a torrent file, and then hop onto their trackers to get what they're after

      This person went and made an account there, and gave traceable information, for no real reason. It's not like you need an account to download anything. Now he's asking Slashdot if there's some way he could, um, delete that account.

    11. Re:Howto delete torrentspy account by ZachPruckowski · · Score: 1

      That's not the point. The point is that even if I have an account on TorrentSpy or The Pirate Bay or Demonoid or wherever, I'm not automatically a criminal. The point is that because there are legitimate uses for P2P, visiting a P2P site should not be sufficient proof of suspicious activity to warrant logging a user. In much the same manner, cops can't follow or question everyone who comes out of a gun store, because there are dozens of reasons to buy a gun.

  13. Proxy servers and IP spoofing by Zantetsuken · · Score: 2, Interesting

    Ok, so if they do just "block the entire US" whats to say somebody won't set up a mirror, a howto on using Proxy servers outside the US, or IP spoofing (not sure if that would work with downloads though...) or any of a billion other ways to get around this?

    1. Re:Proxy servers and IP spoofing by AndrewM1 · · Score: 1

      That's fine too. It's a win-win situation for them - the users that don't know how to safeguard their online identity (proxies, etc.) are protected, while those who can anonymize themselves can access their website.

    2. Re:Proxy servers and IP spoofing by ScrewMaster · · Score: 1

      Maybe, if you're an idiot and don't take the proper steps. For example, if you go through Tor or I2P or some other anonymizing network you should be okay. Matter of fact, I predict a huge spike in the size of such networks. Mark my words, folks, the term Onion Router is about to become part of the popular lexicon.

      Let's hope they scale well.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Proxy servers and IP spoofing by Zantetsuken · · Score: 1
      I'm not sure if this is worth replying to if being AC whether you'll read this or not, but I'll clarify what I was thinking anyway...

      I never said the actual P2P download method - I guess I didn't clarify enough, but what I meant is that downloading the torrent file itself might not work (I'm not familiar enough with web-servers and proxy-servers) because to my understanding when you click on a link via proxy to download the torrent file, the server wouldn't know which to send it to (you can send but not receive via proxy, correct?). However, if you can actually download the torrent file via proxy, after getting it, you simply download straight without any proxy - its the TorrentSpy website you need to spoof your id to view, not to download the contents of the torrent file...

      Second - if your argument had any truth to it, you aren't using P2P anyway with any other download service anyway as you go through about 20 or 30 different way-point IP's anyway just to connect to the net from your ISP's infrastructure...

      Third - yes, uTorrent at the least supports downloading via proxy - I just checked as a matter of fact...

      And Fourth - perhaps circa '95, but I can't believe you've been a /. reader since the literal '95, as /. was officially created in '97, as per the bottom header of /.

      "The Rest © 1997-2007 SourceForge, Inc."
  14. Not lawful by Antony-Kyre · · Score: 2, Interesting

    I don't believe the courts have the power to make an order like this, regardless of whether or not it is enforceable.

    Actually, by the sounds of this, I think the judge could get impeached. Let us hope the ACLU or someone gets involved.

    1. Re:Not lawful by HUKI365 · · Score: 1

      That dosen't make sense. It will be up to an appeal, etc, to decide whether or not the court has that power. Basically, courts can do anything. The only reason they keep within the law is that judges don't like being constantly overruled by higher judges and courts of appeal. Just like there is no illegal arrest (only unlawful), there is no illegal court order.

    2. Re:Not lawful by Antony-Kyre · · Score: 1

      It is an unreasonable search. It assumes illegal activity is going on when there may be none. They're fishing for information.

  15. Wrong conclusion by tmk · · Score: 1

    If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise.
    No - it means, the sites have to change their privacy policy by court order.
  16. Why isn't the MPAA being prosecuted for hacking by Anonymous Coward · · Score: 5, Interesting
    Unbelievable.

    One way or another, it seems that the MPAA is determined to obtain information about TorrentSpy and its users. A complaint issued by TorrentSpy suggests the MPAA paid a hacker $15,000 to steal e-mail correspondence and trade secrets. The hacker admitted that this was true.


  17. What Pirate Bay got right by ducomputergeek · · Score: 3, Interesting
    Was basing in a country with rather liberal copyright policies. I said back in the days of Napster that was their major flaw. Had they been based in a country with little or no regaurd for IP rights, what could have been done about it? That is the paradox of an open internet that governments have been trying to solve.

    It was only a matter of time before governments began trying to figure out a way to regulate the Internet. All governments like control and the internet is by its very nature hard to control, and designed to be a nigh bit diffcult because of redundancy, etc. Sure China and Saudi Arabia and other countries try by limiting the number of ISPs and including filters, but people still find a way.

    If you want to do something illegal on the net and can find a way to make money at it (the real tragic flaw of Napster), then there are a host of countries that would be happy to host for a percentage. And I'm not sure if anything can really be done to stop that. Trying to stop drugs hasn't worked.

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  18. secondary copyright infringement? by Catil · · Score: 3, Insightful
    From TFA:

    According to the MPAA, Torrentspy helps others commit copyright infringement by directing people to sites which enable them to download copyright material, an offense claims the MPAA, of secondary copyright infringement. So does Google and perhaps every other searchengine as well. Oh, and /. because it now links to Google, right?

    I really think that with all these torrent-sites providing access to content people should pay for, things have gone too far, but so does going after sites that link to sites that host torrents that provide connection to a tracker to find people sharing the files - and even these people are in most cases still far away from the original source.
  19. Judgement day is in 7 days! by JamesRose · · Score: 1

    I just received the subpoena

  20. After cars arrived stealing buggy whips was legal by glrotate · · Score: 2, Interesting

    Or maybe not. Your analogy is weak.

  21. Coming soon, the Great Firewall of America by jollyreaper · · Score: 2, Insightful

    Other countries seem to have far more liberal standards when it comes to p2p. As already mentioned, Pirate Bay is hosted in a foreign country over which we do not currently have jurisdiction, nor plan to. (no oil.) So, unless the US can apply pressure to the government over there, those people are immune to the consequences. The only option the US would have is to go the China route, start blocking access to servers Big Brother feels don't support of morals and standards of Fremurica.

    I think we've already established that the MAFIAA are DDT and file-sharing sites are cockroaches: all their efforts to kill off the population just drives the evolution of the technology and breeds a better roach. Seriously, without the MAFIAA we'd probably all still be using Napster and complaining about the broken songs.

    Where is the endgame here? Does P2P win and the MAFIAA is reduced to paying for a few token arrests and prosecutions? Does it go the route of illegal drugs where p2p is available if you know where to look for it but no intelligent person would run the risk of losing everything with a bust? A lot of casual pot smokers I know have gone that route, they'd love to spark up now and again but they have too much to lose now between career and family, it's just not worth it.

    What's kind of funny here is that stuff can go on under the radar for years before it blows up big enough for the media to comment on. Digital content piracy was going on for years and years before we even had broadband. All the porn getting traded over bulletin boards via dial-up was nothing more than scans from porno mags. I can't say there were never any lawsuits filed over this but I certainly never heard of them. And still, this was obscure enough that only the geeks even knew it existed or commonly had computers to download it. The closest most girls ever came to a computer in those days was asking a geek friend to help them type up a report. Filesharing met that perfect storm when more non-geek kids got computers for school, broadband became commercially available, and Napster made the whole process so easy no geek had to explain it. And those broadband speeds meant that images were no longer the only feasible thing to trade.

    One thing is for sure, this genie is not going back in the bottle. Our economy is in decline, real earnings are down, we're getting squeezed on gas, food costs, etc. We can't pirate a tank of gas but we can download the latest blockbuster. What do you think is going to happen? I think most geeks here can see the difference in their own consumption dynamics. When I was a teenager, I didn't have any cash so I downloaded all my software. In college, still no cash so I pirated all my anime. And damn, it took a long time to hunt down all the individual episodes of a series. But three hours of effort could save me $150 for the DVD's, well worth the effort. But once I graduated and had a real income, my time became more valuable than what I could save by pirating, it was easier to buy. I don't have to hunt down crappy encodes, then waste time organizing and burning to CD's, etc. But if I was ever reduced to the cashflow of a college student, the entertainment budget would be the first to get cut.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
  22. TorrentSpy Ordered By Judge to Become MPAA Spy by infiniphonic · · Score: 1

    So does this apply to just registered users of the site, or does it extend to I.P. addresses of people who visit the site but are not registered users? The difference is subtle but important.

    --
    Crisis is the rule, not the exception.
  23. This ruling won't stand long, for numerous reasons by Morgaine · · Score: 4, Insightful

    >> You know, I heard in some countries, they can tap the phones if they get a court order, even though the privacy policy of the people talking says otherwise.

    You're referring to wiretaps placed on specific individuals. This is very different.

    Here this judge has ruled that the equivalent of wiretaps be placed on all customers of this company, regardless of their standing, oblivious to all issues of privacy, and at the behest of another corporation rather than a government agency. It is quite without precedent.

    But this ruling won't stand for long, is my guess.

    Every company wishing to undermine its competitors could demand that they implement similar internal monitoring to ensure that there is no infringement of their copyrights. For example, Microsoft could demand that all fileserver transactions in named large corporations be monitored and their logs be made available to MS in support of suits for infringement of Windows and Office copyrights.

    In that direction lies madness, even worse than the current one. It's so grossly anti-competitive and so utterly dismissive of privacy considerations that it'll get overturned pretty quickly, I would guess.

    In fact, that judge is going to get severly panned for a whole raft of reasons brought out in this thread. His ruling really verges on the incompetent. Or of course, it could be much worse than simple incompetence --- this does smell a bit of corruption, not necessarily driven by MPAA dollars but by old-boy network handshakes with their lawyers.

    Pretty grim all 'round, even by the US's rapidly collapsing standards.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  24. Living up to the name by Dan541 · · Score: 1

    At least TorrentSPY will now be living up to their name.

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  25. The government tries to do too much by forgoil · · Score: 4, Insightful

    The government has no reason to care about the whole IP debacle really. What it really is a question of is an old industry with awfully rich people in charge (don't give me crap about starving artists, the fat cats that took their money in the first place could starting paying it back...) that has grown accustomed to ripping artists and consumers alike off. Music survived an awful long time before the RIAA, and so did acting before MPAA. It is a transition, which no government should interfere with. The industry and the artist and consumers alike must find a new balance. I've heard that people pay to listen to live music for instance, maybe that is how music should pay the bills, not recordings of it? Who knows but the future.

    What the government *SHOULD* interfere with is price fixing, Mafia tactics, scare tactics, extortion, invading of privacy, breaking the law, etc. Which these bloody people are doing all the time. This what is getting to me, why should any government on earth be allowed to persecute individuals the way RIAA/MPAA and their friends are doing. I do not live in the US, but please please, everyone, do read this Wikipedia entry and really think about what it says. If what the RIAA/MPAA is doing isn't cruel and unusual, nothing else. When beating and raping people is seen as a lesser crime than copying certain combinations of 1s and 0s, this are both cruel, and soon getting all to usual!

    1. Re:The government tries to do too much by bogomipz · · Score: 1

      When beating and raping people is seen as a lesser crime than copying certain combinations of 1s and 0s, this are both cruel, and soon getting all to usual! [emphasize mine]

      Obviously, you didn't read your own wiki-linky very well. At the start of the longish definition part of that page, it clearly states that (in the U.S.) cruel punishments are absolutely fine as long as they happen often. Therefore, I don't see why you're upset with this cruelness becoming more common. From the Wiki entry;

      The United States Supreme Court has ruled that as written it applies only to punishments that are both cruel and unusual, and that punishments that are unusual but not cruel, or cruel but not unusual, are constitutional.
  26. Re:Boo-hoo by Richard_at_work · · Score: 1

    Buggy whip manufacturers did not have their business threatened by their *own* product being distributed in a manner that essentially places no financial burden on those distributors.

  27. Re:Boo-hoo by kwark · · Score: 1

    What torrentspy trackers? How is torrentspy any different from google:
    http://www.google.com/search?q=inurl%3A.torrent+pi rates

  28. Re:Boo-hoo by kamapuaa · · Score: 1

    So you're saying music will go the way of the buggy whip?

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  29. Umm... there seems to be something missing here by torrentami · · Score: 1

    So even if you track someone's movements within the Torrentspy site, that still doesn't prove they actually pirated anything. All it proves is that you clicked on a link to a .torrent tracker that's most likely being hosted on another site. It's not even evidence that you've actually downloaded the tracker and started received the file that the tracker points to. This seems like a highly dubious method to try to identify pirates.

    1. Re:Umm... there seems to be something missing here by ScrewMaster · · Score: 3, Insightful

      It's not a method to identify "pirates" (and I use the term very loosely here.) The MPAA has, so far, not implemented the RIAA model of suing the very people that like and use their products. Hopefully, they're too smart for that (not holding my breath though.) What they do want is a high-profile case such as this, to scare casual torrent users into not being torrent users. Same sort of thing the RIAA has done, and it will probably have about as much success in terms of reducing casual infringement.

      I get the impression that these people just can't see another way, don't feel that we, as their customer base, have the right to demand another way. We do, as it happens. We don't want your product on the terms you are offering it. In the past, that would have meant we either did without, or the suppliers changed their product or way of doing business. Nowadays, we can make do with a reduced quality copy of your product whether you want us to or not. And you know what? That's good enough for most of us. The time may come when we all have the bandwidth to receive a full, unabridged, untranscoded version of your product. If you don't have a mechanism in place then to stop us (good luck with that) or a better way for us to buy your product, you're screwed.

      So times change: they do, and it doesn't matter whether you want them to or not, doesn't matter whether copyright infringement on a massive scale is morally akin to murder (as some apparently believe.) Doesn't matter who is right and who is wrong. I liken the advent of downloading to driving on the expressway. Yeah, most of the people around me are idiots who drive too fast, or too slow, make gratuitous lane changes and other stupid and often illegal moves ... but there are too many of them, I can't control them, and to ignore them would result in disaster. Consequently, I adjust my driving to avoid a bad outcome. The media companies are in the same boat with regards to their customer base, and at some level I think they realize that.

      As their front organization is run by lawyers, however, it's not surprising that all of their proposed solutions involve the legal system.

      --
      The higher the technology, the sharper that two-edged sword.
  30. Another judge ... by ScrewMaster · · Score: 1

    that needs to take a course in the history of science and technology.

    --
    The higher the technology, the sharper that two-edged sword.
  31. Re:Boo-hoo by eraserewind · · Score: 1

    people get paid to play music all the time.

  32. US Court has Jurisdiction in the Netherlands? by kaos07 · · Score: 3, Interesting

    Doing a quick IP trace http://visualroute.visualware.com/ tells us that Torrentspy is located in the Netherlands. How exactly does that fit into all this?

    1. Re:US Court has Jurisdiction in the Netherlands? by Dan541 · · Score: 1

      In that case torrentspy can safely ignore the ruling.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    2. Re:US Court has Jurisdiction in the Netherlands? by kaos07 · · Score: 1

      So what's all the kerfuffle about...

  33. Re: "Movie stars have gigs now?" by trolltalk.com · · Score: 1

    "This was about the MPAA. Movie stars have gigs now?"

    Sure they do. Look at The Governator of California, Arnold Schwarzenegger.

    Ronald Reagan managed to do okay too, after quitting the movies - Governor, then President.

    Sonny Bono - US Congress.

    And internationally, there's La Cicciolina, the onetime porn star elected to the Italian parliament in 1987.

    Would any of them have been able to get elected without the name recognition from their previous careers?

  34. Big Brother is Watching by twitter · · Score: 1

    t will not stop torrent traffic, so what has actually been achieved?

    Monitoring of legal traffic. For some reason, the Total Information Awareness crowd thinks that's useful. They also think they can get usefull information from torture. That or they might just want to be able to embarrass, humiliate and otherwise abuse people who don't agree with them. Control what it's all about isn't it?

    Aren't you glad the USSR was dismantled? Isn't it nice we no longer have police states like East Germany, where all the phones were tapped, people were encouraged to denounce each other and innocent people dissapeared regularly? I am.

    --

    Friends don't help friends install M$ junk.

    1. Re:Big Brother is Watching by janrinok · · Score: 1

      But that is my point - it won't monitor anything useful. Illegal traffic will simply be directed to a different server. And the good 'ole USA knowing that someone in the UK, Kazakhstan or anywhere else is still stupid enough to use TorrentSpy is equally useless information. They have no legal basis upon which to make a prosecution otherwise I believe they would have tried it by now.

      --
      Have a look at soylentnews.org for a different view
    2. Re:Big Brother is Watching by db32 · · Score: 1

      Seeing who is sharing How_Democracy_Failed.doc is of terrible interest to the government. All the illegal downloading makes for excellent justification to dig around watching everything. Yes there is plenty of legal stuff being shared...but if you honestly believe that legal material being moved even begins to compare to the amount of illegal stuff I have some nice beach front property in Nebraska to sell you. So while these groups are acting like the internet gestapo, we should all thank the greedy little brats downloading illegal crap and trying to justify it with "the artists are screwed", "its a bad business model", "there is legal stuff there", and whatnot for giving them such great ammunition to destroy the internet.

      --
      The only change I can believe in is what I find in my couch cushions.
  35. A suggestion by dahitokiri · · Score: 1

    Torrentspy should just put up a giant red label on their site that reads: "If you're American, please don't download from us. Your stupid government is making us track you. Go to such-and-such site instead."

  36. Policy law. by jpellino · · Score: 1

    I've pretty much had it with companies who treat their policy as if it were the law of the land.
    Yes, when you enter into a contract you are bound by its terms, but the idea that any policy is immutable is gaining acceptance and seems to be the norm at least on the companies' parts.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  37. only thing i know for certain is... by pjr.cc · · Score: 1

    I've stopped being interested in music.

    You would be hard pressed to find any music in my house thats less than 5 years old, and all of it i own legally. I still listen to music however, but i think my newest CD was pearl jam's binaural. Not really sure if thats just me getting older or sick of hearing about all the music fiasco and i cant say i really care either!

  38. Question. by __aailob1448 · · Score: 4, Funny

    If you don't want DRM then stop pirating, you can't have it both ways.

    My neighbour stopped pirating because he didn't want DRM. Unfortunately, when he drank the rooster blood, the moon wasn't full and no matter how many times he shouts "DRM BEGONE FOR I AM PURE!", the DRM refuses to vanish in the usual red puff of smoke.

    Any ideas on what he should do next?

    Thanks!

  39. Not just torrentspy by nurb432 · · Score: 1

    If this sticks, its a really bad precedent for any 'provider' in the states. None will be trustable.

    --
    ---- Booth was a patriot ----
  40. 5th Amendment? by Silver_Seagull · · Score: 1

    Could TorrentSpy argue under the 5th Amendment that tracking their users then turning it over to the MPAA would be self-incrimination (at least as far as the MPAA is concerned?)

    IANAL, obviously.

    I recognize that it would probably mean the MPAA would argue to the judge that taking the 5th would "appear" guilty... but what happened to innocent until proven guilty?

  41. One Word. by billybob_jcv · · Score: 1

    >I think all of the illegal download places should be shut down permanently.

    How?

  42. Deleting an account isn't deleting an account. by argent · · Score: 1

    Several years ago I started getting mail from American Airlines because I'd registered on their website to get some information about flights. It took me several months to get the mail stopped.

    1. The company that was sending mail for AA wasn't AA.
    2. They had no mechanism to remove my account information (email address and name) from their database.
    3. They did have the ability to put me on a "Safe Harbour" list.
    4. If they did that, I wouldn't get ANY mail from AA. Ever. Even if I asked for it.
    5. Or from any OTHER customers of the mailing list handler.
    6. They claimed they needed to do this for various reasons (people who kept re-registering and then complaining about the mail, postal regulations, audits, and so on).

    They said that this was common, that most companies never actually removed you, they just marked your record "dead". I checked around after that, and, yes, that did seem to be the way they worked.

    1. Re:Deleting an account isn't deleting an account. by nigelo · · Score: 1

      Well, when you put yourself ON a do-not-call list, is it surprising that your details remain ON that list?

      Asking them to delete your details is going to allow them to re-add your mailing information again later, through whatever means, since they know nothing about you.

      Not sure about the specifics of your points 4 thru 6, though. Sounds like FUD to me.

      --
      *Still* negative function...
    2. Re:Deleting an account isn't deleting an account. by argent · · Score: 1

      Well, when you put yourself ON a do-not-call list, is it surprising that your details remain ON that list?

      You misunderstood. Please read more carefully.

      I did not put myself on a DNC list.

      I was getting mail from AA because I had created an account on their website to look up flight information.

      They said that they sent mail to everyone who had an account.

      I asked that this account be deleted. They said my account couldn't be deleted, that they *never* removed any information about customers from their database. They had an option to change your email address, but that just created a new record and left the old address in their database marked as an old address. Their mailing list company got all the addresses, old and new. I don't recall who the company was... I want to say it was "Topica", but I'm not sure any more.

      They offered to add me to a "Safe Harbour" list at that company instead, so I asked what that entailed, and they explained that it was a global list that company maintained, and applied to all bulk mailings from all that company's customers, not just AA.

      I declined that offer. Eventually the mail stopped, I assume they changed the way they handled their lists.

      I don't understand what you mean by "allow them to re-add your mailing information again later, through whatever means"... I'm not accusing AA or the company involved of spamming people who hadn't signed up... and if I *did* sign up again, why *wouldn't* I want to get whatever I signed up for? The fact that I didn't want the ads from AA right then doesn't mean I didn't want any mail from AA in the future, or that I didn't want any mail from other customers of the company, or anything like that.

      I think you're missing the point: it's right there in the subject line.

      The point is that *deleting an account* does not mean *removing your information*.

  43. Re:This ruling won't stand long, for numerous reas by Elemenope · · Score: 2, Interesting

    In that direction lies madness...

    You know, people really don't talk this way anymore, and that is a shame. Common discuorse vocabulary has lost most of its verve and spice, as we aim for ever more dull verbal constructions that, above all, avoid emotional reactions in our communicative subjects. I know this verges on off-topic, but I think that 'madness' is an appropriately gravitic and perjorative term for what most would simply describe as unfortunate or lamentable, even if they truly felt much deeper.

    Veering back on topic, I think that either of your two theories as to why any judge would rule in this way are quite plausible, and I would only add a third that judges (in my admittedly limited experience) can often be ornery and fickle sorts who can take an irrational dislike to a particular lawyer (e.g. "he was young and had a saucy tone") and punish his side with impunity under the color of prima facie legitimate procedural decisions. This could be just judical crankiness that in this particular case, due to a lack of care often associated with anger, actually overreached by a good distance the legitimate bounds of procedure.

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  44. Re:Self-incrimination by phantomlord · · Score: 2, Informative

    From the Fourth Amendment "nor shall be compelled in any criminal case to be a witness against himself."

    You have the right to not testify against yourself. However, if you go down to the police station and brag that you just committed a crime, your words will be admissible in court against you. Similarly, if you keep a ledger of all the people you shake down, that ledger can be used as evidence that you committed extortion. Also note that you only have the right to not testify against yourself in a criminal case. If you're involved in a civil case and refuse to present evidence that the judge ordered for discovery, expect to go to jail for contempt of court.

    What is Unconstitutional is if the police refuse to let you have a lawyer after you've requested one, forcing you to sign a confession you didn't make, forcing you to take the stand against yourself in a criminal case (though if you opt to take the stand to defend yourself, you open yourself to cross examination and can be compelled to testify against yourself which is why many defendants will opt to not take the stand (for example, Scooter Libby)).

    --
    Don't leave your mind so open that your brain falls out. Don't close it so much that you cut off the blood.
  45. This may surprise you, but... by Anonymous Coward · · Score: 5, Interesting

    You DO realize that NONE of those people get royalties, right? So they don't get a dime from CD sales.
    So the only harm they might suffer is if recordings aren't made at all.

    Guess you took that stupid brain washing ad they stick before movies too seriously?

  46. Re:After cars arrived stealing buggy whips was leg by Disfnord · · Score: 1

    So now that a newer technology is out (electronic downloads) it's OK to physically steal things belonging to the old technology (physical medium)? I don't think that's what he was saying...

  47. Re:Waa! by HiThere · · Score: 1

    And if your favorite artist doesn't sign with an RIAA group, you should have to pay them anyway? (Forget which court case that was. Don't think its been decided yet.)

    And if your favorite artist doesn't sign with an RIAA groups, you shouldn't be able to buy their work? (Just TRY to find a distributor that carries them. Fortunately, for now, then can record their own, and sell it over the web and at concerts. This has been under attack.)

    And in several countries you pay a fee to the local equivalent of the RIAA even if what you want to record is a new distro. May they all die of terminal hemroids.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  48. Suing google. by uolamer · · Score: 1

    Yes google provides a great search as you mentioned, i find it more funny to use these examples.

    live.com search engine owned by microsoft search for Windows Vista ISO and Office XP and dvdrip

    but yes google is much better at this, just find it funny i can use a microsoft website to find a torrent for their own software. Same thing is true about a few other companies. Ira Rothken was my defense attorney on a civil case with microsoft and Disney being 2 of the plaintiffs for a very similar thing. Disney and Microsoft both dropped out the suit from this basic argument about their search engines, still had about 5 more software companies left, but after a while they just dropped the case.

    I dont see this ruling standing either if it is appealed, this isnt like getting a wiretap, the cops or whatever do all the work, they don't force the business to do it for them, then just give the logs to the cops when they want, this seems more like a tactic to scare some people and hurt the business of Torentspy.

    --
    s/©//g
  49. Re:Waa! by tomstdenis · · Score: 1

    Those are separate issues.

    That is all.

    Tom

    --
    Someday, I'll have a real sig.
  50. The economics of music by Envy+Life · · Score: 1

    The economics of music works something like this: Record labels get the vast majority of profits for recordings. The artists get the majority of their income from live shows. Even if the artists make $0 from their albums, and their music is any good, they can tour. Most of us go to work 250 days a year, and give the fruits of our labor to our employers (patents, etc). This is all about the RIAA's profits, not the musician's.

    1. Re:The economics of music by tomstdenis · · Score: 1

      Which has nothing to do with pirating on P2P. It's not up to you to redistribute material against the owners wish. The studios didn't hold a gun to the artists head. If they're getting a bum deal it's because they chose it.

      Hint: Look at the artic monkeys for an example of not being a studio pawn.

      I love how you people justify it. It's okay to pirate, thereby paying EVEN LESS royalty to the artist since they're already getting a "objectively decided" small slice of the pie. So in short, you're trying to make sure they earn EVEN LESS money for their efforts.

      That'd be like robbing a homeless dude because he doesn't have enough material wealth. Just doesn't add up.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:The economics of music by Envy+Life · · Score: 1

      It's not up to you to redistribute material against the owners wish. There wasn't anything in that post justifying music piracy, just stating fact. The record companies aren't much different than venture capital firms who front the money to build the product (an album in this case), advertise it, and as a result get the lion's share of the profits regardless of how good the talent is. If the musicians are legitimately very good they will get their share next time contract negotiations come around, or they can tour with their new found fame in the mean time.

      If you came up with a killer product idea, but needed $10 million to create it, you might talk to a venture capital firm. That firm might agree and sign a contract to get, say, 90% of the company in exchange for their monitary risk. It may work out for both sides, but the venture capital firm makes the lion's share of the profits of someone else's idea and talent. Sometimes a necessary evil... a means to get your product out there. Record companies give that value, like it or hate it.

      The RIAA is struggling to keep it's niche, but they will have to adapt to this new economy, and they will still make their money, DRM or not, because their service has value.
    3. Re:The economics of music by tomstdenis · · Score: 1

      Even with the net the way it is there is still a need for press whores to promote things. There are just too many bands on myspace for me to find any semi-talented ones in a reasonable amount of time.

      That said, who says you're the RIAA's bitch forever? Usually the contracts are for $X albums [or a given time period]. After which, when you're good and famous you can go out on your own and forgo the "build a star" machine the RIAA offers.

      Tom

      --
      Someday, I'll have a real sig.
  51. Torrentspy has backup by Khyber · · Score: 2, Interesting

    A hacker that had hacked TS and was paid by the MPAA to do so has turned double-agent and is now giving every detail out to TS. TS might likely sue the MPAA for employing someone to perform an illegal activity.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  52. Re: "Movie stars have gigs now?" by Anonymous+McCartneyf · · Score: 1

    Ah, but not every movie star wants to get into politics that directly. And they do gotta eat before they get elected, too.
    Of course, there are other ways for movie stars to get paid, since we're not planning to go extravagant for them. We could go back to what the MPAA had in the Golden Age of Movies: actors, screenwriters, and directors sign with studios and get a salary from the studios for the duration of the contract.
    Of course, bringing the old system back would mean that the studios could exploit all actors and directors equally. Under the present system, there are actors and directors who have enough influence to get decent-to-excellent pay from the studios, and who are considered important enough to hire anyway. That wouldn't happen much under the contract system.
    Then again, lesser actors and directors--including ones that are as yet unformed--might do better under the old system. But this system is dangerously close to the RIAA labels' current system, so...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  53. Re: "Movie stars have gigs now?" by trolltalk.com · · Score: 1

    I was just pointing out the gigs in politics. They also do a lot of product ads for tv. Andie McDowell plugs Oil of Olay, Clint Eastwood and Arnold Schwarzenegger make spots to encourage California tourism, William Shatner did all those internet ads ...

  54. No by rrohbeck · · Score: 1

    "Dear user, it appears from your IP address that you're inside the US. Our privacy policy doesn't allow us to serve the US legally. Please use this proxy in Russia: http:..."

  55. Re: "Movie stars have gigs now?" by Anonymous+McCartneyf · · Score: 1

    Thanks.
    The TV advertising gigs are directly relevant because they actually involve acting! And since everything else on TV is paid for through ads or through cable and satellite fees, that's a good system.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  56. Movie stars can be artists by Anonymous+McCartneyf · · Score: 1

    Some movie stars are artists.
    Some movie stars can actually act well enough to be good actors despite the extra charisma. Those people are artists--maybe not as much as the screenwriters or directors, but they are.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  57. About music prices by Anonymous+McCartneyf · · Score: 1

    Last I checked, it was $15 to $18 for an album with solid media and a case at record stores, or cheaper if the store wants to get rid of certain five-year-old albums. It's $10 for a whole album (any length) at iTunes, so you do get a discount for sacrificing the solid media and the case--though iTunes tries to ship cover art with its digital albums.
    True, it is a bad deal if you buy all the tracks of an album but one on iTunes; but if you're buying the entire album, digital is cheaper.
    They did try to price movies like music once, back in the early days of videotape: it cost $100 for a Betamax or VHS tape. Almost no individuals bought movies at those prices, and the studios weren't crazy about rental places buying them. That's why movies only cost $20 now: people just won't pay more than that.
    Music may be sold for considerably more than it costs the labels to make & distribute it, but even in this slump there are still many people willing to buy albums at the prices the labels are charging. The labels are pricing to milk the demand, not to reflect their cost to supply it.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
    1. Re:About music prices by trolltalk.com · · Score: 1

      I remember those $100 per video days. The production houses complained that people were renting the tapes and making copies, and this justified the high prices. Of course, by lowering the price, they more than made up for it by increased revenues. That's what created the "direct-to-video" market.

      However, in the case of music, we're talking a 3-minute item, not a 2-hour item. (Unless the song is Iron Butterfly's Ina-Godda-Da-Vida - 17min05sec, or Pink Floyd's "Meddle" 22min).

      Downloading a 3-minute song is a matter of seconds. The storage requirements are also minimal. That's the real problem - its so quick and simple that it doesn't seem to have any real value. If it took an hour and filled up a whole blank CD, people would perceive a "legit" downloaded song as having more value. As you say, its a question of milking it for what its worth, which is all about the consumers' perceptions.

    2. Re:About music prices by Anonymous+McCartneyf · · Score: 1

      A single song may be three minutes, though with modern songs I think four or five is more typical. But single songs can be only $0.99 a piece--small price for small trouble.
      An entire album of songs takes 45-60 min., with the occas. 75-min. album. They may not take an entire hour to download, but the time to download an entire album is minutes, not seconds. And a full album actually will come close to filling a CD regardless of how you get it.
      Of course, music does tend to get valued beyond simple reason anyway if it's valued at all.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    3. Re:About music prices by trolltalk.com · · Score: 1

      A 45-minute album is maybe 60 megabytes in mp3 format. At 10mpbs (1.25 megabytes/sec), I would be able to download that in under a minute at home, provided the server can deliver 10mpbs. I routinely download dvd isos of linux distros at full speed - the latest fedora came in quick (understandable, with over 5000 people in the swarm). Others here pay the extra $15/month and get 20mpbs, so they're looking at half a minute. Of course, that's nothing compared to some european and asian cities where people take 100mpbs as a given ...

      Of course, with the continuing expansion of video-on-demand, they're also talking about laying fiber to the home. I expect 1gbps within the decade (we've had 100mbps fiber in some areas for 5 years).

    4. Re:About music prices by trolltalk.com · · Score: 1

      second-tier acts that come tour your local "tourist trap" bar get 5 figures for a night. The "setup" consists of a few emails and phone calls with the bands' manager, collecting the check, throwing the "small bar" instrument set into a minivan and partying until you can't drink any more.

      Sure, they won't become milionaires, but a 6-figure income for 2 nights a week, doing what you like doing, lots of sex, free booze and, for those so inclined, drugs ...

      Of course, if you hit the A list, you can get a heck of a lot more, but you're more restricted in terms of venues that have the capacity to pay.

  58. Playing other people's songs by Anonymous+McCartneyf · · Score: 1

    Yes, we are still allowed to play other people's songs, even if some of those in charge of printing the transcripts are making it tricky. Playing them in public, however, would require someone--either you or your venue--to pay a songwriter association to make it strictly legal.
    We know how most slashdotters feel about the songwriter associations, right?

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  59. DRM-free recordings by Anonymous+McCartneyf · · Score: 1

    Actually, it appears that EMI has found a cut-off for releasing DRM-free songs. The songs iTunes is selling as iTunes-Plus songs (inc. many of EMI's) have no DRM. EMI allows this because those songs are watermarked with material to ID the purchaser, so if any of those leak out they'll know whose copy it was.
    The film studios are another matter. They have not released digital DRM-free material ever, and it's unlikely that they'll change their mind in the near future.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  60. That's exactly the point by Rix · · Score: 1

    The mafiaa aren't stupid. They know they can't completely destroy filesharing. Most of their activity is intended to be a chilling effect.

  61. Re:Boo-hoo by The+Master+Control+P · · Score: 1

    What he's saying is that the MAFIAA will go the way of the buggy whip. There are ways to create music and art other than recording cartels manufacturing popularity for the latest boy band or diva. In the course of history, that's actually a rather new thing. What the MAFIAA does, product manufacturing and marketing, is no longer relevant due to the Internet. The Internet does both of those, and places them under artist control. Game over, cartels: Adapt or die.

  62. Re:Boo-hoo by Mr2001 · · Score: 1

    No. It would, if musicians were all as stubborn and unimaginative as record execs, but they're not. There are other business models for music besides "write song now, sell copies later", and as long as musicians adapt, there will still be music.

    --
    Visual IRC: Fast. Powerful. Free.
  63. Re:Boo-hoo by Mr2001 · · Score: 1

    The music labels' business is threatened by the very nature of the thing they're trying to sell. It's foolish to try to make money from selling numbers, and they were lucky to have gotten as far as they did during the "bubble" period when it was practical for big companies, but not individuals, to make copies.

    Now the bubble has burst, and if they don't adapt to the world as it exists today--where copyright is easy to violate on a large scale and impossible to enforce 99% of the time--they'll face the same fate as a dot-com millionaire-for-a-day who didn't know when to quit the game.

    --
    Visual IRC: Fast. Powerful. Free.
  64. Re:After cars arrived stealing buggy whips was leg by Mr2001 · · Score: 1

    Your analogy is weaker. Stealing != copying.

    --
    Visual IRC: Fast. Powerful. Free.
  65. The crappy part by tkrotchko · · Score: 1

    The crappy part is that now that the RIAA has sucked all the money from the artists on record sales, a lot of groups have to pay money to their record label with profits from the tour.

    The funny part is when the RIAA keeps claiming they're thinking of the artist. Yeah, the way the rancher thinks of the steer he's raising.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:The crappy part by tomstdenis · · Score: 1

      Well I don't want to take the studios side, but I question who pays for the studio time, engineers, CD presses/packaging, trucking, press releases, flights to TV appearances, etc, before the artists make their first buck.

      Hmm. I wonder.

      Fortunately, nowadays the need for such a mill is less prevalent. You can get your own studio time for relatively cheap [provided you're efficient]. Do a run of several 1000 CDs and mail them off to radio stations, etc. If you're any good people will want to play it [usually] since it draws listeners which draws advertising revenue.

      Tom

      --
      Someday, I'll have a real sig.
  66. I pirate by speaker+of+the+truth · · Score: 1

    Y'know what, I pirate. I don't pirate the MPAA's work or the RIAA's work, because both are sue happy so I avoid them. In related news I buy 0 songs a year and I buy very few DVDs, at most one or two a year, and I think the last time I bought a DVD was Final Fantasy VII: Advent Children (although I might have got Shawshank Redemption or Dave for a christmas gift after it, I'm not sure the order they came in. But I'm fairly certain they're the last 3 DVDs I got).

    Instead I pirate a fairly geeky medium, which I also have trouble buying in my local area, although I don't buy as much as I could. I buy 4 items a month from this medium (which I'm going to be increasing to 5) along with lots of it for christmas gifts and birthday gifts. Whenever I stop pirating the work, the amount I buy decreases to 0. Whenever I pirate it, the amount I buy increases again. I buy stuff from this medium because the publishers have said they won't sue piraters.

    So think about that MPAA, I doubt I'm alone.

    --
    Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
  67. Re:The Gravy Bay by Lobster+Quadrille · · Score: 1

    I have a bachelor's degree in illustration, I have played music all of my life. From high school through college, I was playing the local scene in several popular punk bands on guitar, bass in a ska band, and piano in a jazz combo. I'd like to think that I've enriched some people's lives far more than the latest creation from the labs of the record labels, and I have grossed a grand total of several thousand dollars in student loans, music lessons, and a vast collection of instruments.

    Yes, I do it for myself first, but playing music alone is *nothing* compared with a packed crowd.

    Do artists need to be making music full-time to contribute to an enlightened society? I now write code 10 hours a day, but I still find time to play with my current project a few times a week. When we play shows, it still packs the house, though we have no desire to tour, make records, or anything of the sort. As I said, Artists will continue to create, and they will continue to perform, even if they have to pay the club owner to do so (the won't, if they're any good).

    As I said in my last post, and the grandparent before me, it doesn't matter much. The industry is changing, and there's nothing the record labels can do about it. It's actally making it easier for the artist to produce content without having to alter his vision to fit the market and keep the execs happy. Now they can produce that content with just a few hundred dollars worth of microphones and the software that came with their Macbooks. They don't need the label for distribution anymore- just throw it onto a few p2p networks. If they do the necessary work to advertise a show, people will look them up, download their content, and will know all the words to the songs when they see them live, leading to an overall better live performance, a better reputation, and more sold-out shows. If the artist is good enough to capture peoples' attention, they have more opportunity than ever to make a living off it.

    --
    "The cup is in turn designed for holding hot or cold liquids, and has an open rim and closed base." --US Patent #5425497
  68. yes ! but FTP is not P2P and anonymous.. or is it? by freaker_TuC · · Score: 1

    $ ftp localhost
    Connected to localhost
    220 Sftp-4: ATS (private) ftp server
    Name (localhost:anonymous):
    331 Password required for anonymous.
    Password: p2p@mail.com
    230 User anonymous logged in.
    Remote system type is UNIX.
    Using binary mode to transfer files. This must be a device to circumvent copyrighted works !! And it is fully anonymous ! hurry! ban it fast; before one pokes an eye out!
    --
    --- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
  69. Are they serious by magarmuch · · Score: 1

    Why dont the just shut down the website. This is complete disregard of user privacy. Why dont they go after google and microsoft who are tracking user activity. Google indexes millions of links for pirated downloads.

  70. Re:Policy law. by jpellino · · Score: 1

    law is an instrumennt of a government.
    policy is something a corporate entity wants you to like.
    that's all i meant.
    nothing more.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."