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The Pirate Bay Is Making a "Spectrial" of It

IDOXLR8 writes "The Harvard Law students defending accused file-swapper Joel Tenenbaum are doing their best to turn his upcoming trial into a media event. But when it comes to pure spectacle, they have nothing on The Pirate Bay. TPB is referring to the event as a 'spectrial,' a cross between a spectacle and a trial. They have set up a site where you can track their current location, complete with journal entries. The trial begins next Monday and features a live audio feed and Twitter translations."

406 comments

  1. I hope P.B. win this trial by Maelwryth · · Score: 5, Insightful

    It might make media realise that we have separate countries for a reason, and that many of those reasons have an equal validity.

    --
    I reserve the write to mangle english.
    1. Re:I hope P.B. win this trial by Z00L00K · · Score: 5, Interesting

      This trial is in itself important for the net, since TPB didn't carry the content themselves, just references to it.

      This means that if they are convicted it may be illegal to have links to questionable content.

      If they aren't convicted it will require a different approach by authorities, the record and movie industry to figure out a way to manage their income.

      This is far from over.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:I hope P.B. win this trial by Maelwryth · · Score: 4, Insightful

      "This is far from over."

      Unfortunately that may be true. This looks like one of those cases where if they don't win they will try again, all the while trying to change the rules to make it impossible to lose. It is starting to look like media sharing is the cannabis of the new millennium (or at least the first part :)).

      --
      I reserve the write to mangle english.
    3. Re:I hope P.B. win this trial by scientus · · Score: 2, Informative

      IN THE CONTEXT OF SWEDEN

      law in one country does not automatically decome law in another country!

    4. Re:I hope P.B. win this trial by invisibleairwaves · · Score: 0, Redundant
    5. Re:I hope P.B. win this trial by timmarhy · · Score: 4, Interesting
      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      i'm yet to see a good defense for this. your an accessory to a crime if you knowingly aid it.

      --
      If you mod me down, I will become more powerful than you can imagine....
    6. Re:I hope P.B. win this trial by wisty · · Score: 4, Funny

      And if that fails, they will come back with an armada of gunships, a kraken, an undead monkey, and the accursed souls who were lost at sea. These guys just won't give up.

    7. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 3, Interesting

      There is a fantastic defense for this.
      In Sweden, the link isn't the illegal content, and is therefore legal.
      Besides, if it weren't, any sort of search engine would then be liable unless they had a 100% effective filter. (That's as likely as finding out that aspirin is a cure for syphilis.)

    8. Re:I hope P.B. win this trial by timmarhy · · Score: 5, Insightful
      intent is where TPB crosses this line imho. google bot just index's everything, where these guys purposely set out to create a list of infringing downloads.

      i'm sure you could muddy the waters plenty, but at the end of the day illegal downloads are what TPB is all about.

      --
      If you mod me down, I will become more powerful than you can imagine....
    9. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 4, Interesting

      That's preposterous, copyright infringement is illegal but "aiding" people in copyright infringement is not. It's that simple.

    10. Re:I hope P.B. win this trial by Kijori · · Score: 0

      There's a pretty big difference between Google and thepiratebay though. While they both link to both illicit and legal content, TPB's business is providing links to illegal downloads. I mean, it's called The Pirate Bay! As proof I submit the "Linux test". Linux is often touted as a legal use of Bittorrent. So go to http://thepiratebay.org/ and search for "Linux". At the time of writing, the top 10 results contain one legal download (Mono), and eight illegal ones! I would suggest that the fact that even searching for what is often claimed as the most important legal use of BT turns up an overwhelming majority of illegal downloads shows fairly clearly what the intended purpose of TPB really is.

    11. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      I've yet to see anything interesting posted by someone who can't spell "you're" and refuses to use capital letters.

      Get off my internet.

    12. Re:I hope P.B. win this trial by Hal_Porter · · Score: 0, Offtopic

      But I thought I had a right to watch Underworld 3 without having to pay rental fees at Blockbuster?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    13. Re:I hope P.B. win this trial by blahplusplus · · Score: 4, Insightful

      "i'm yet to see a good defense for this."

      Like there's a good defense of endless copyright extension and patent trolling?

      Like there's a good defense of sweatshops in the third world?

      Like there's a good defense for an illegal war in IRAQ?

      I could go on, but lets face it. When has anyone fought what the majority of people want and won?

      Trying to act like a resource is scarce when it is not is part of the whole problem to begin with, once made, digital works are not scarce and can always fulfill supply. They are the perfect product to fit a socialist/communist economic model, why should we expect people NOT to pirate? There's no good argument considering the resource is not scarce. Physical products and digital products are not on the same level in legal and other terms and the people are voting with their behaviour.

      IMHO piracy is fair reaction regardless of whether the people pirating do so for political reasons in addition to the fact that it's possible. Considering to how twisted the law and legal system has become. How the law is bought and sold by those with the most money. And the endless attempts at DRM and trying to licesense everything instead of people actually owning the stuff they buy. I consider it a counter force to the overwhelming concentration of corporate and private power at the expense of the public good and the individuals rights to own what they buy and not trying to be turned into serfs of consumption via legal corruption of the law and peoples rights.

    14. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      I'd love to hear your argument on how wilfully aiding copyright infringement should somehow not be punishable by law when wilfully infringing it is.

      It's almost like saying "Yeah, he might have handed the guy a hammer and then watched and laughed, but he didn't beat that woman to death. Let him off!"

    15. Re:I hope P.B. win this trial by cliffski · · Score: 2, Interesting

      hurrah. it will be so great when everyone can take all the media they want for free, without compensating the authors a single penny.

      So great for people who enjoy content made pre 2009 anyway, Who the fuck is going to work 40 hours a week for free when they have bills to pay?

      I hope all you people rooting for your Swedish heroes don't want any new content to be made after your heroes win. Unless you are going to get off your asses and make/fund it yourselves.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    16. Re:I hope P.B. win this trial by cliffski · · Score: 1, Flamebait

      couldn't agree more, but the average slashdotter performs amazing mental and moral backflips if it lets him leech free music and movies.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    17. Re:I hope P.B. win this trial by Renegade88 · · Score: 5, Insightful

      He did not say that. Obviously the street-seller engaged actively in copyright infringement, either copying it himself or distributing physical copies.

      If you cross me on the street asking about bootlegs, and I point you in the direction of the street-seller, am I guilty of aiding copyright infringement? Most reasonable people don't think so.

    18. Re:I hope P.B. win this trial by Maxo-Texas · · Score: 1

      If linking to illegal content is illegal then 99% of the internet is illegal.

      It's all linked together man. Probably in less than 7 links too.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    19. Re:I hope P.B. win this trial by Jah-Wren+Ryel · · Score: 2, Interesting

      That's a pretty weak-ass "linux test" - first off, unless you are using something I don't know about, the search engine at the pirate bay just returns results in LIFO order, nothing about "top 10" So all you've done is show that the most recent 10 items with the word "linux" somewhere in the description box are probably copyright violations. You would have done much better to actually find all the legitimate linux torrents on the site and then make a traffic comparison to torrents of copy-forbidden works.

      --
      When information is power, privacy is freedom.
    20. Re:I hope P.B. win this trial by dontmakemethink · · Score: 1

      This means that if they are convicted it may be illegal to have links to questionable content.

      Show me internet content that isn't questionable.

      --

      War as we knew it was obsolete
      Nothing could beat complete denial
      - Emily Haines
    21. Re:I hope P.B. win this trial by Jurily · · Score: 1

      This is far from over.

      I don't think so. Unless this case is radically different from all the others.

      Oh, and

      Just some stats... ... here are some reasons why TPB is down sometimes - and how long it usually takes to fix: Tiamo gets *very* drunk and then something crashes: 4 days
      Anakata gets a really bad cold and noone is around: 7 days
      The US and Swedish gov. forces the police to steal our servers: 3 days .. yawn.
      Posted 06-05 2006 by tpb

    22. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 1, Insightful

      I sincerely doubt that they are fully aware of the legality of any content linked from their site. The work to authenticate and determine the legal state of that much linked data require staggering amount of work, people and legal work.

    23. Re:I hope P.B. win this trial by mangu · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?
        i'm yet to see a good defense for this. your an accessory to a crime if you knowingly aid it.

      Do you mean that if someone I meet on the street asks me where the bank is and I tell them, if then they go and rob the bank I'm an accessory?

      The real question is how could someone think it could be illegal to link to anything that's on the web? It's a *web*, for chrissake, a web is *meant* to have links! If a crime was committed it was the people who put the material there who committed it, not the one who put the links pointing to the material.

    24. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 3, Informative

      What? In America we have something called you shouldn't go to jail if you didn't do anything wrong. If you look out your window and someone's being stabbed you can pour a glass of lemonade and set out a lawn chair for all we care, you are not liable. See Duty to rescue. It doesn't go over the reasoning behind it, but this article does. It's pretty dense but I think the issue really boils down to beliefs about our responsibilities to each other. Although we do have welfare tacked on, we're at least supposedly a cold, heartless capitalist regime with no qualms about suppressing and exploiting the poor because that's their place.. unlike more socialist states like the EU. We can hardly feel completely inculpable if a poor person we pass every day starves (that's not to say many people wouldn't intervene) in this dog-eat-dog game of bottom lines without holding these kind of ideas about duty to rescue in more pressing circumstances.

    25. Re:I hope P.B. win this trial by pipatron · · Score: 3, Insightful

      intent is where TPB crosses this line imho. google bot just index's everything, where these guys purposely set out to create a list of infringing downloads.

      False.

      They are set out to create a list of information that is not censored or removed because some random guy in another country believes it to be illegal.

      The reason there are a lot of torrents to content that might be illegal for the original uploader to redistribute, is that for example linux ISOs are already tracked elsewhere, there's no need to put them there.

      --
      c++; /* this makes c bigger but returns the old value */
    26. Re:I hope P.B. win this trial by vux984 · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      Because 'speech' is not 'action', and speech has special legal protections. Child porn, hate speech, and yelling fire in a crowded theatre are against the law, but pretty much anything else goes.

      A website qualifies as speech.

      i'm yet to see a good defense for this. your an accessory to a crime if you knowingly aid it.

      Whoah. Your getting WAY ahead of yourself here.

      First, TPB doesn't 'aid' anybody. Visitors helped themselves, using software that interpreted information they had on their site. Information isn't generally of its own sake illegal.

      Second, you indicate that you are an accessory to a crime if you you knowingly aid it. Which crime exactly are you referring too? Even in the states the 'making available' theory is losing ground fast. If making available isn't a crime, then linking to someone who is making it available can't be an accessory to a crime.

      Third, this is Sweden, not the US. The laws in Sweden are more relaxed than the US (and 'making available' is having trouble in the US... so its hard to imagine it flying in Sweden. What crime in Sweden are you referring too, exactly, that you allege they aided?

    27. Re:I hope P.B. win this trial by mikael_j · · Score: 1

      I need to ask, why is that every time there's a file-sharing article on /. you start going about the sky falling, horses eating horses and the downfall of western civilization? (Yes, I know I'm exaggerating, I just want to know if you know that you're also exaggerating)

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    28. Re:I hope P.B. win this trial by GreenTech11 · · Score: 1

      I pity the person who sets out a lawnchair, 'cause they're next!

      --
      Laughter is the best medicine, except if you have a broken rib.
    29. Re:I hope P.B. win this trial by Jurily · · Score: 3, Insightful

      It's almost like saying "Yeah, he might have handed the guy a hammer and then watched and laughed, but he didn't beat that woman to death. Let him off!"

      Keyword: almost. Except one is a crime, and against basically every moral code ever conceived by man.

      Copying, on the other hand is absolutely natural. There was no concept of copyright until printing became semi-widely available, and it was originally meant to protect a select few who could afford a printing machine from each other.

      You make "willingly aiding copyright infringement" sound like they're a bunch of pedophiles. Now go ahead and tell me that all the music to listen to came from a store.

    30. Re:I hope P.B. win this trial by pipatron · · Score: 2, Interesting

      TPB is not a business, it's a couple of guys with a lot of servers that do what they want.

      The linux test is also quite retarded, since almost all linux distributions have their own trackers, there's no need to put them on TPB. It doesn't matter how much illegal content there is, the fact that you even found one "legal download" (remember, nothing is stored on TPB, they do not perform any infringement) shows that it's not meant for breaking the law, it's meant for sharing information, no matter if sharing it happens to be illegal in some country or morality.

      --
      c++; /* this makes c bigger but returns the old value */
    31. Re:I hope P.B. win this trial by Anonymous+Brave+Guy · · Score: 4, Insightful

      Like there's a good defense of endless copyright extension and patent trolling?

      Hardly any of the content being traded over P2P and attracting the attention of Big Media is anywhere near running out of copyright, even on the original terms of just a few years. Patents have nothing to do with this at all.

      I could go on, but lets face it. When has anyone fought what the majority of people want and won?

      What few studies there have been that might realistically indicate the views of a whole population mostly don't support your implied position about what the majority of people support. Of course, if you get all your news on a controversial subject like this from heavily biased sources like Slashdot, you probably place a lot of weight on the one or two headline-grabbing stories about exceptions to this, and overlook everything else.

      Even then, you're ignoring the fact that a lot of people don't really understand the issues surrounding copyright or the arguments for and against it. The important question if you're looking at the ethics is what the majority of people would want if fully informed. (I suspect the answer is for governments to penalise Big Media for price gouging; for smaller, independent artists to have better opportunities; and for legitimate sources of content that offer fair prices to be more easily identifiable.)

      Trying to act like a resource is scarce when it is not is part of the whole problem to begin with, once made, digital works are not scarce and can always fulfill supply.

      Sure, it's just those little words "once made" that you seem to be completely ignoring in your argument.

      There's no good argument considering the resource is not scarce.

      The good argument is that if you can't amortize the cost of making the work in the first place over a large number of sales, you go back to the old patronage model of yestercentury, where a lot of things only get made if one very rich patron chooses to fund them, and then that patron is the only person who gets to choose who can enjoy them.

      IMHO piracy is fair reaction regardless of whether the people pirating do so for political reasons in addition to the fact that it's possible. Considering to how twisted the law and legal system has become. How the law is bought and sold by those with the most money. And the endless attempts at DRM and trying to licesense everything instead of people actually owning the stuff they buy. I consider it a counter force to the overwhelming concentration of corporate and private power at the expense of the public good and the individuals rights to own what they buy and not trying to be turned into serfs of consumption via legal corruption of the law and peoples rights.

      So because some aspects of the legal system are not working as well as they could in some countries, and some suppliers are offering deliberately crippled products to the market, you think the correct solution is to revert to anarchy where anyone can do anything they like regardless of the law, rather than simply not using products from suppliers you don't like and letting market forces educate them? If that is the case, then I submit that you are completely lacking in perspective on the significance of this whole issue compared to the general principles of law in a civilised society. Not being able to listen to a bit of music without coughing up less than a dollar for it at an online download service is some way short of justifying civil disobedience — not that ripping music in the hope that you won't get caught is really civil disobedience anyway.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    32. Re:I hope P.B. win this trial by migla · · Score: 1

      Sharing, not to mention linking to, copyrighted content is acceptable in the same way that it was acceptable for Jesus to make copies of those fishes and loaves of bread. Culture, knowledge and information is food for the mind. We can distribute it virtually for free. Hallelujah!

      --
      Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    33. Re:I hope P.B. win this trial by Ed+Avis · · Score: 5, Insightful

      1. Copyright infringement by itself is a civil wrong, not a crime. (Many jurisdictions have criminalized things like distributing pirated DVDs or bypassing access controls, but still it is not usually a crime to put a file on a server.) So you cannot be an accessory to a crime here.

      2. The content of pages at a given address can change.

      3. What is legal in one jurisdiction may be infringing copyright in another.

      4. The site is not linking to content they 'know' is illegal. The process is fully automatic and the computer does not know what is illegal and what isn't. The people who 'know' are those who upload the links in the first place.

      5. If a page linking to illegal material is itself illegal, then so is a page linking to that page, and so on. Almost the whole Web would be illegal.

      6. Surely the RIAA and others send emails and make internal web pages with links to sites that infringe copyright. By your measure, this would also be illegal since it's linking.

      7. Linking to a page is simply mentioning its address. If that were illegal, it would effectively be illegal to disclose the existence of certain web pages.

      8. It would be an unmanageable burden for search engines, site operators and just about everybody if they had to check every link (or satisfy themselves that they do not 'know' it contains illegal material) before adding it. Better that the legal responsibility for content on a particular server is held by the owner of that server alone.

      --
      -- Ed Avis ed@membled.com
    34. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Not to mention that if you search for Ubuntu, you get a number of hits for ISOs that do not have 'linux' in the description anywhere. Same with Fedora. I pretty much gave up remembering distro names at that point.

    35. Re:I hope P.B. win this trial by Znork · · Score: 2, Insightful

      it's called The Pirate Bay!

      On the other hand, it's not called 'the copyright infringement bay', nor are they accused of boarding ships on the high seas, so I'm not sure it's appropriate to draw any conclusions from that.

      I'd say it's more a tongue-in-cheek naming poking fun at expected users and preempting expected name-calling.

      shows fairly clearly what the intended purpose of TPB really is.

      Providing and indexing links to the material the users want? It is, perhaps, a bit saddening that not more links were pointing to legitimate linux torrents (altho I suspect that is more because linux torrents have specific release sites that are well known to users, and the vast majority of linux programs are fed through packaging systems rather than random download sites).

      I have no doubt that were the majority of the users of TPB mainly interested in Linux distributions, that's what you'd see. Which indicates that the material found is not so much a reflection of intent on the part of the site, but rather a reflection of the desire of the users.

    36. Re:I hope P.B. win this trial by spartanhelmet · · Score: 1

      Way to have a closed mind on the issue.

      Yes, there will be people who take from the system and do nothing to support it (just like shoplifting, social security fraud, etc). However there are already examples of works being provided liberally or gratis and money being made from either 'bonuses' along side paid versions or outright donations from people who enjoy the works. The "pay how much you want to" model isn't a failure, especially compared with the status quo. This is just one of the extreme examples of where IP can go.

      Radiohead's last album was released for free... they didn't break up after making the amount of money they, did they?

      Thanks for subscribing to the notion of copyright protecting businesses from the evil, greedy consumers. Generalising an issue based upon money isn't very deep on the thought level. Why should non-commercial private use of media be paid for?.. because of laws passed in the 1700s to provide the aristocracy a monopoly on the distribution of information? Where would we be today without the piracy of the printing press' patent?

      You run a company based on IP.. I understand, since I'm moving into the games profession (though, programming) myself. Gaming is definitely a difficult case in terms of providing revenue streams with piracy lurking about, but the music and movie industries are becoming ridiculous monopolies that serve nobody but investors.

      I'm not saying you should provide free gratis and make money solely from Tshirts bearing logos.. we should all think outside the box since IP controls practically everything a consumer can do. Games are a different kettle of fish, so don't take the harsh rebellion against the MPAA and RIAA (who are right pricks) to be one on the games industry too.

    37. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Why exactly do you believe the content is illegal? And illegal in what jurisdiction? For example, the countries which designed their copyright laws inspired by the french tradition don't see a copyrighted work as a product but as a cultural expression, whose access must not be conditioned by the amount of money you have or don't have. That means that it is perfectly legal for anyone to access a copyrighted work without any authorization from the copyright holder.

      As an example, back here it is perfectly legal for me to access any copyrighted work without any authorization (download songs/movies, photocopy a book, copy install disks, etc...) as long as a) no one is making any money out of it and b) if I distribute the works then the way I distribute them must not affect the commercial distribution in any relevant way.

      So please don't make up the impression that accessing a copyrighted work is illegal everywhere. It's silly. Not all countries try to make intellectual work out to be nothing but a product.

    38. Re:I hope P.B. win this trial by pipatron · · Score: 4, Insightful

      1) People have been pirating computer games on a large scale since the early 80ies. If you haven't been able to make a buck before, you never will.

      2) No one is forcing you to make games. Please stop doing it. There are a lot of people ready do do it for free. If you only do it for the money, and your business model requires you to get paid every time someone copies your game and demand censorship of the internet because of this idea, then I think you're crazy.

      --
      c++; /* this makes c bigger but returns the old value */
    39. Re:I hope P.B. win this trial by julesh · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      i'm yet to see a good defense for this. your an accessory to a crime if you knowingly aid it.

      Because different things are illegal in different countries, and I don't know whether or not the country my site's visitor is from is legally allowed to access the content or not, so perhaps I should give them the benefit of the doubt?

      Because while TPB knows that some of the content they host links to is illegal, they don't generally know which content and shouldn't be required to proactively check (which would involve them in committing further offences of actually downloading the content)?

      Because telling somebody how to commit a crime (which is at the most what TPB does) is not the same as aiding them to do it?

      Because copyright infringement is a civil offense, not a crime, and "accessory" laws only apply to criminal offences? Because the reason why only being an accessory to criminal offenses is an offense is a good one, i.e. that a criminal offence is one that society as a whole has an interest in discouraging while a civil one is only to protect the interests of an individual/company, and preventing assisting somebody to commit an offence is too draconian if the offence does not fall into the former category?

    40. Re:I hope P.B. win this trial by pipatron · · Score: 3, Funny
      --
      c++; /* this makes c bigger but returns the old value */
    41. Re:I hope P.B. win this trial by Stray7Xi · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      It's not acceptable, but that doesn't make it illegal. You can't legislate people to be nice.

      You're a dickhead... that's unacceptable for me to say right? Would you suggest they should make it illegal to say bad words?

    42. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Some people believe that the whole concept of "illegal content" is deeply flawed. Some people believe that the world would be better off without copyright. Some people believe that communicating information should not ever be a crime. Some people actually believe in free speech.

      The rest are just rationalizing their piracy habits. But some people out there actually want to change things.

    43. Re:I hope P.B. win this trial by 91degrees · · Score: 2, Interesting

      I think Google can reasonably argue that they try to link to legal content. The evidence for this is that the majority of the content appears to be legal, and if someone provides evidence that a link is illegal they will typically remove it.

      I think the pirate bay cannot reasonably make this argument. The majority of the content appears illegal and if someone provides incontravertible proof that the link is illegal they'll send a smug insulting response.

      INTENT MATTERS!!!!!!

    44. Re:I hope P.B. win this trial by KlomDark · · Score: 1

      "Or at least the first part" - It's nearly morning here, so give me a break, but I totally cannot figure out what "the first part" means?

      Still thinking before I post and look stupid. But I guess I am, here comes the click. :)

    45. Re:I hope P.B. win this trial by muridae · · Score: 1, Insightful

      Because once people started giving away software, everyone stopped paying for the licensed versions. Didn't you hear? because of all the piracy and linux...linuxi, linuxes... out there, Microsoft had to fire everyone. IBM closed shop, took their ball and went home. Everyone just started using that old Pre-1989 software they could get for free and all the people expecting to be paid went to doing something else.

      I mean, where have you been the past 20 years? Nobody pays for anything when they can get the same stuff for free!

    46. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      I didn't even know about U3. Thanks for the tip.

    47. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      First if all, they are not linking to illegal content. Secondly, why should linking (aggregating public information) ever be illegal? Is it also illegal for me to compile a list of violations of the Geneva Conventions that were conducted from 1 Pennsylvania Avenue?

      i'm yet to see a good defense for this. your [sic] an accessory to a crime if you knowingly aid it.

      TPB is also a political party. They are acting (or claiming to act) from a moral standpoint that what they're doing should not be illegal.

      Basically, they're conducting a media offensive to counter the outrageous statements brought by Big Media. They already win if they get a judge to state that Big Media isn't always right.

      I don't expect them to be fully acquitted. But it will be interesting to see what happens along the way, and how good they will do in the next elections.

    48. Re:I hope P.B. win this trial by 91degrees · · Score: 1

      On the other hand, it's not called 'the copyright infringement bay',

      No. It's not called that on either of my hands either. It's not called anything on my hands.



      nor are they accused of boarding ships on the high seas,

      I didn't realise there was a suggestion that they were ships carpenters.

      so I'm not sure it's appropriate to draw any conclusions from that.

      How do you draw a conculison? I have a pencil and pad of paper here but I can't see a conclusion to make a picture of.

      Piracy is a term that dates back to the beginning of the 18th century to describe unauthosrised reproduction, I'm surprised you've not heard of it in this context before. Some words have more than one meaning.

    49. Re:I hope P.B. win this trial by catxk · · Score: 1

      a different approach by authorities, the record and movie industry to figure out a way to manage their income.

      Funny, since I got my Spotify account, I seem to have lost interest in the bulk of pirated music on my hard drive...

      --
      Don't be crazy anymore!
    50. Re:I hope P.B. win this trial by Znork · · Score: 5, Insightful

      from heavily biased sources

      Considering the owners of traditional media often has certain parts of their business model dependent on copyright it's hard to find any sources that aren't biased. Which is, of course, the problem with holding a serious discussion on the future of various intellectual property rights.

      you go back to the old patronage model of yestercentury

      That's a strawman argument. There are many other possible models.

      For example, you could put a sales-tax on any material or revenue derived from sales or reproduction of works, with the proceeds going directly to the creators and artists. That would be somewhat similar to the radio model, but structured to include physical duplication as well as internet based replication. Further, such a model would direct much more of the customers money directly to the artists and creators, leading to a much better cost efficiency than the current system.

      It would also have the huge advantage of allowing a multitude of new business models ranging from print-your-cd kiosks to libraries of all music ever made.

      It would also have the advantage of saving artists and creators from the painfully subservient situation of trying to negotiate a contract while having basically no negotiating power at all; if their products generate revenue for someone, they'd get their share automatically.

      lacking in perspective on the significance of this whole issue

      If the question was merely one of payment, perhaps. But as it ties into everything from cultural legacy to freedom of communications to western economic competitive ability to the future evolution of society, I'd say the issue has a lot of significance. Well within the range where civil disobedience is acceptable, if not outright a moral obligation.

      I mean, can you imagine what we're losing in the current system? How many artists we could pay if it was structured so more of the revenue went directly to them?

      Can you even imagine having all art of humankind available at your fingertips? Cross-referenced as wikipedia, social-networked taste indexed to suggest material for you? Can you imagine the value lost to society due to the current model making this impossible?

      Without a complete rewrite of copyright from an exclusive system to a monetary inventive system it's not going to happen; the owners of modern material don't want old or unmarketed material competing with the new to any greater extent than it already is.

    51. Re:I hope P.B. win this trial by enrgeeman · · Score: 1

      the first part of the new millennium.

      --
      sent from my slashdot browser.
    52. Re:I hope P.B. win this trial by mjeffers · · Score: 1, Informative

      I could go on, but lets face it. When has anyone fought what the majority of people want and won?

      Well, in the US at least, womens suffrage, the desegregation of both the military and the school system, and civil rights more broadly just in the 20th century. Not so sure about other countries but in all of those cases a minority won victories against the majority opinion through constant non-violent protest, political lobbying and a good public communication campaign. They didn't have pre-release movies that they didn't have to pay for though, so I can see why you like your way better.

      IMHO piracy is fair reaction regardless of whether the people pirating do so for political reasons in addition to the fact that it's possible. Considering to how twisted the law and legal system has become. How the law is bought and sold by those with the most money. And the endless attempts at DRM and trying to licesense everything instead of people actually owning the stuff they buy. I consider it a counter force to the overwhelming concentration of corporate and private power at the expense of the public good and the individuals rights to own what they buy and not trying to be turned into serfs of consumption via legal corruption of the law and peoples rights.

      Name a political system in the history of time where laws weren't twisted in the interest of monied powers. While I wait for you to find this nirvana I'll point out that people have been getting positive change throughout human history despite the fact that political systems tend towards graft and vice to a much larger extent than anything you're seeing between the copyright holders and politicians today. You could be writing your local political officials, staging protests and demonstrations, even downloading music and movies you believed you were morally allowed to download in public places as a way of showing how unjust the punishment you'd receive would be. Sitting in your house, downloading songs and movies does none of these things and just gives copyright holders a convenient way to excuse having to give large amounts of money to politicians to defend themselves against you. It does, however, give you access to movies and music without having to pay for them.

      So how do you defend piracy again?

    53. Re:I hope P.B. win this trial by Ravon+Rodriguez · · Score: 1

      I believe he meant the first part of the millennium.

      --
      Jesus loves me, he loves me a bunch, because he always puts Jiffy in my lunch.
    54. Re:I hope P.B. win this trial by Zironic · · Score: 1

      afaik women are a majority not a minority and were probably even more of a majority back then due to wars.

    55. Re:I hope P.B. win this trial by Haeleth · · Score: 5, Insightful

      It's called "The Pirate Bay". That is a clear expression of an intent to index material related to piracy.

      Since most of the torrents on TPB have nothing to do with buccaneers, they are clearly using the word in the "copyright infringement" sense.

      It is positively mind-boggling that you can take such a clear statement of intent to aid and abet copyright infringement, and somehow conclude that they had a noble goal of protecting freedom of speech or some such.

      TPB is about piracy. It's nothing to do with avoiding censorship; the sole purpose of the site is to help people infringe copyright. There may well be a loophole in Swedish law that makes this activity legal there, but that's a separate question, and will shortly be answered by the court hearing this case.

    56. Re:I hope P.B. win this trial by Kijori · · Score: 3, Insightful

      it's not meant for breaking the law, it's meant for sharing information

      The overwhelming majority of their content consists of links whose only use is downloading non-free software for free. If you don't like my "linux test" try some other tests. Look at the "top 100". Every single download is a copyright violation. Look at their top 100 applications - every single one is a copyright violation. Look at their top 100 UNIX applications - a category in which plenty of free software is legitimitely distributed by bittorrent - and still over 50% of it is links to free downloads of paid software.

      Whatever you think of the attitudes of copyright holders or the morality of copyright itself, it's clear that TPB are not innocent here. We aren't talking about some general-purpose site that happens to link to some questionable material. I would hazard a guess that 90% of traffic to TPB is people wanting to avoid paying for what they want. They don't just host a few links, they celebrate the idea of "illegal" downloads. They mock law enforcement. They're called "The Pirate Bay". They link - on the front page - to hand-picked lists of copyrighted material for you to download. Go and look at their music pages; they have compiled lists of hundreds of artists - whose material is not free - to facilitate the illegal downloading! They have categories like "Wii" that hold nothing but non-free material.
      You wrote

      "It doesn't matter how much illegal content there is, the fact that you even found one "legal download" [...] shows that it's not meant for breaking the law"

      It doesn't. There is virtually nothing of note there that is free to download. Maybe they aren't actually breaking the law, because they don't host the material, but to laud them as an innocent victim, to try to claim that they have any intention other than helping people to avoid paying for what they want is laughable.

    57. Re:I hope P.B. win this trial by msormune · · Score: 1

      You know, TPB does not earn a SINGLE cent to the people who actually make all that music and content, either. So no matter how much robin hood you want to call them, TPB also steals from the poor.

    58. Re:I hope P.B. win this trial by Ravon+Rodriguez · · Score: 1, Interesting

      I think it would be would be more analogous to you sending someone to a place where they could buy stolen goods. Whether or not you profit from the sale of these goods is irrelevant; you knowingly enabled the sale of said goods. I think a jury could go either way on this, the big difference being that copyright violation isn't a felony... Is there such a thing as an accessory to a civil crime?

      --
      Jesus loves me, he loves me a bunch, because he always puts Jiffy in my lunch.
    59. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      The issue comes more into question with things like search engines that only cache links.

      Let's say you type in a search for something illegal in Google. Google brings up a link to said illegal thing. Google gets shut down for linking to illegal content.

      You can then make a loophole for things like search engines, but then this doesn't solve the problem because then sites like TPB can still easily exist legally.

      AND that doesn't even bring into account the ethical question of whether piracy itself is a bad thing or not.

    60. Re:I hope P.B. win this trial by Patch86 · · Score: 1

      And just what proportion of a sale actually goes to the author, anyway? How much goes to the middlemen?

      Traditionally, this is how it happens. Some people get together, and they make some music (or whatever). They are "discovered" by a distributor/publisher, who offers to sell their music for them. The distributor pays them X amount of money (sometimes a cut of the profit, often just a lump sum). They then market, manufacture, and sell the music using their business know-how, and make lots of money.

      That makes perfect sense for selling tapes/CDs/vinyl from a high-street shop. The problem is, it doesn't make perfect sense in the internet age. These days, the best publicity is that which money can't buy- endorsement from the blogosphere, a popular My Space page or a YouTube hit. Manufacturing isn't really necessary, and nor are retailers- distributing music is now as simple as having a server and a (sturdy) internet connection (and with torrents, you don't even need a lot of bandwidth or a hardcore server).

      There's a lot of room for the business model to change entirely. A lot of bands could probably carve out a good living out of donations alone, if their content was free. Publicity leads to high-profile live performances too- and you can charge what you want for that. And the appeal of purchasing a boxed copy is still strong- with sufficiently reduced numbers and internet-based shopping, this could be handled without involving huge corporate giants.

      Case and point- Radiohead released their last album on the internet, with a "choose your own price" facility, allowing people to pay nothing if they wished. Radiohead made more money out of this album than they have out of any of their other 6 albums. Even when you take account of their big name and popularity, that still shows theres a pretty penny to be made outside of the traditional industry tactics.

      Same can be said of Stardock's DRM free games too, and literary authors have survived alongside the concept of "libraries" for as long as anyone can remember. But lets not go into that.

    61. Re:I hope P.B. win this trial by Haeleth · · Score: 2, Insightful

      Like there's a good defense of endless copyright extension and patent trolling?

      No, there's no good defence of that. But I don't quite see how two wrongs make a right.

      Like there's a good defense of sweatshops in the third world?

      No, but how the hell is that even vaguely relevant to anything?

      Like there's a good defense for an illegal war in IRAQ?

      What illegal war? And what relevance does Iraq (it's not an acronym, BTW) have to this?

      Trying to act like a resource is scarce when it is not is part of the whole problem to begin with, once made, digital works are not scarce and can always fulfill supply.

      This is a fallacy. Sure, each individual work of art is infinitely reproducible, but that doesn't mean there is no scarce resource! The scarce resource is the creative talent that produces the art in the first place. The key point here is that people don't just want a continuous supply of digital content; they want a continuous supply of new digital content. Yes, you can make as many copies of a given movie as you want -- but people don't just want to watch the same movie over and over again, they want to watch a different one every time. And the number of different movies available is limited, and the supply of new movies is very limited. The real resource is very scarce, and if it is not paid for, ultimately the quality and/or quantity will decrease.

    62. Re:I hope P.B. win this trial by Ravon+Rodriguez · · Score: 1

      4. The site is not linking to content they 'know' is illegal. The process is fully automatic and the computer does not know what is illegal and what isn't. The people who 'know' are those who upload the links in the first place.

      On this particular point: I think that the Napster case proved that not knowing that a file is illegal is not a valid defense.
      All of your other points are spot on, though.

      --
      Jesus loves me, he loves me a bunch, because he always puts Jiffy in my lunch.
    63. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Now what'd Jeph Jacques ever do to you???

    64. Re:I hope P.B. win this trial by funkatron · · Score: 1

      Investing time and money into making a product that can be duplicated by anyone at almost no cost is a bad business decision and should not be rewarded.*

      *Actually rewarding bad business decisions is fashionable these days so don't take that too seriously.

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    65. Re:I hope P.B. win this trial by Ravon+Rodriguez · · Score: 3, Informative

      For some of us moral justification just isn't necessary; intellectual property isn't real property. There are ways to monetize your IP without resorting to imaginary scarcity.

      --
      Jesus loves me, he loves me a bunch, because he always puts Jiffy in my lunch.
    66. Re:I hope P.B. win this trial by RichardJenkins · · Score: 1

      If a society want to consider copyright infringement morally wrong, but doesn't want to consider providing a forum specifically for this purpose morally wrong then I'll eat my hat.

      It's all or nothing and enough people believe that without effective copyright laws the effort large corporations but into content would diminish - so it's probably going to be 'all'.

    67. Re:I hope P.B. win this trial by Kjella · · Score: 1

      First, TPB doesn't 'aid' anybody. Visitors helped themselves, (...) Which crime exactly are you referring too? Even in the states the 'making available' theory is losing ground fast.

      Your definition of aid is legal nonsense, like "No your honor, I didn't provide the sniper a gun. I simply made a sniper rifle available on top of the tower." I could quote you a legal defintion but you clear don't want to hear it. As for the crime, it's actual transfer of copyrighted files, not making available. In none of the cases to date has there ever been sworn witnesses that said "I downloaded the movie [Title] from [Defendant]. I doubt the prosecution will have any trouble finding people who'll testify to actual cases of distribution after the torrent was on TPB. In fact, I think there are several well documented cases already and I'd be surprised if TPB even bothers to try arguing the point.

      --
      Live today, because you never know what tomorrow brings
    68. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 2, Insightful

      You can find Linux distros, *BSDs and OpenOffice there too. What gives?

    69. Re:I hope P.B. win this trial by fabs64 · · Score: 1

      "User Generated Content"

      That do?

    70. Re:I hope P.B. win this trial by Manuel+M · · Score: 1

      If you cross me on the street asking about bootlegs, and I point you in the direction of the street-seller, am I guilty of aiding copyright infringement? Most reasonable people don't think so.

      Perhaps not guilty in the legal sense, but if you actively and purposefully made it easier for the bootlegs to be sold, then you would have indeed aided copyright infringement.

      Another thing is to discuss whether that is objectionable or not (I, for one, wouldn't raise an eyebrow in the case of your example, but others may do), or whether it is legal or not (which I don't know).

    71. Re:I hope P.B. win this trial by N1AK · · Score: 4, Insightful

      Considering the owners of traditional media often has certain parts of their business model dependent on copyright it's hard to find any sources that aren't biased.

      Which doesn't change the fact that the view on copyright and media sharing presented on /. is massively biased, and doesn't reflect the general consensus of the wider population, which is exactly what the OP was saying.

      For example, you could put a sales-tax on any material or revenue derived from sales or reproduction of works, with the proceeds going directly to the creators and artists.

      Which would pay artists for cases of internet piracy where there is no sale how? Any solution that revolves around a tax on reproduction would require methods like DRM to stop reproduction that doesn't pay the tax, or are we going on the basis that people will not subvert a mandatory tax (even though they choose to ignore a mandatory cost of purchase)?

      I mean, can you imagine what we're losing in the current system? How many artists we could pay if it was structured so more of the revenue went directly to them?

      Why do you expect we would pay for more artists, when the reason for the majority of piracy at the moment is to either to avoid paying, to get a digital copy of something you already own or at best "to trial material that you may buy if you like it"? The % of piracy which is committed due to idealistic concerns is almost certainly statistically insignificant.


      For years people have argued the reasons for breaking the current system of media distribution, and although I agree with many of the points made during this entire time the arguments are almost always founded on the basic premise that people 'want' to pay, and any argument based on such a naive foundation isn't going to cut it.

    72. Re:I hope P.B. win this trial by meringuoid · · Score: 3, Interesting
      I think Google can reasonably argue that they try to link to legal content. The evidence for this is that the majority of the content appears to be legal, and if someone provides evidence that a link is illegal they will typically remove it.

      Only if it's criminally illegal, like cp - you'll get linked to the chillingeffects record explaining what has been censored and why. Google is still a perfectly good search engine for pirate material on Rapidshare and such. Search on 'Fishman Affidavit' and you'll find Google linking direct to copyrighted material belonging to the most litigious organisation around - all the dirty Scientology secrets. And anyway I gather TPB will also remove cp.

      I think the pirate bay cannot reasonably make this argument. The majority of the content appears illegal and if someone provides incontravertible proof that the link is illegal they'll send a smug insulting response.

      That's why TPB don't make that argument. They argue that linking to material without the copyright holder's permission is not illegal in Sweden - only the act of copying it is illegal. So far, they've been right, hence their entertaining page of ineffectual legal threats. Hopefully this court will agree.

      INTENT MATTERS!!!!!!

      Does it? Show us the Swedish law that says so.

      --
      Real Daleks don't climb stairs - they level the building.
    73. Re:I hope P.B. win this trial by meringuoid · · Score: 1
      As for the crime, it's actual transfer of copyrighted files, not making available.

      That's a crime now? Did I miss a memo? I thought that was a civil matter for the copyright holder to enforce, not a criminal matter for the police.

      --
      Real Daleks don't climb stairs - they level the building.
    74. Re:I hope P.B. win this trial by Znork · · Score: 2, Insightful

      Some words have more than one meaning.

      Yes, I see you do get the point. 'Pirate' has been used and abused in so many ways that you cannot infer any specific meaning of the word anymore. It can mean anything from actual illegal acts to people doing things we don't like to people opposed to copyright on principle, it's been adopted by political movements, it's used with pride, and it's used as a derogative.

      To claim, like the grand-grandparent did, that the name suggests intent requires an unambiguous name, or a unambiguous context. As neither name or context is in one of the possible unambiguous forms, no conclusion can be drawn as to the actual meaning or intent.

    75. Re:I hope P.B. win this trial by Juippi · · Score: 5, Insightful

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      Because most people accept it.

    76. Re:I hope P.B. win this trial by drinkypoo · · Score: 3, Insightful

      Hardly any of the content being traded over P2P and attracting the attention of Big Media is anywhere near running out of copyright, even on the original terms of just a few years.

      Most of it never will run out in our lifetimes because of the perversion of copyright. Any media which does not come with a license releasing it into the public domain at the point of the original expiration of copyright is abusive to the system and I do not elect to behave as if it were covered by copyright at all.

      The legal ability to do a thing is not justification to do it. Taking advantage of the copyright extensions bought and paid for by other media moguls is not an acceptable behavior.

      The important question if you're looking at the ethics is what the majority of people would want if fully informed.

      That suggests the question, what does "fully informed" mean? I think most customers don't believe that the companies really deserve any profit any more. They think the band gets money when they buy an album. People will copy music at the least provocation, so I suspect that most people don't think copying music is wrong, or at least, any more wrong than what the record companies do.

      The good argument is that if you can't amortize the cost of making the work in the first place over a large number of sales, you go back to the old patronage model of yestercentury, where a lot of things only get made if one very rich patron chooses to fund them, and then that patron is the only person who gets to choose who can enjoy them.

      That is not a good argument because it hasn't happened yet, and yet it has. People still make media for the pure joy of it and - shock amazement - it tends to be of higher quality than that which is made for commercial purposes. The commercial stuff often has more complexity especially in video and video games, but usually they are overconvoluted where they should be simple. At the same time, you ALREADY can't easily get your work into the mass media without selling your soul to some patron (e.g. a music label, games distributor, et cetera) and where your work is only seen if some rich patron believes they an make money on it. And they become the only person who gets to choose who can enjoy them (i.e. whoever pays their price in fatass dirty dollars.)

      In other words, copyright has a chilling effect on the production of media made for the sake of art, yet it has not halted its production. Your chosen vision of copyright law does nothing to induce the production of genuinely valuable art which advances our society, yet instead produces more backstreet boys and christina aguilera albums.

      So because some aspects of the legal system are not working as well as they could in some countries, and some suppliers are offering deliberately crippled products to the market, you think the correct solution is to revert to anarchy where anyone can do anything they like regardless of the law, rather than simply not using products from suppliers you don't like and letting market forces educate them?

      It's called civil disobedience and it is well recognized as a valid tactic of last resort. The prohibition of the consumption of alcohol was defeated through civil disobedience.

      You can feel free to call this belief bullshit, but I believe that the covenant of copyright between big media and the people was broken when copyright was extended, defeating its purpose. In fact terms should have been reduced if anything, because there are more people, progress has accelerated, and more media is being created. A shorter copyright term may actually induce the creation of additional media since the same stuff can't be milked so long! As long as they choose to take advantage of legislation which the American people did not want and which they purchased, I don't feel like observing their copyrights.

      Ultimately, copying th

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    77. Re:I hope P.B. win this trial by drinkypoo · · Score: 1

      And anyway I gather TPB will also remove cp.

      is that the new acronym for child pornography? You should be aware that acronyms must be capitalized in English. I was thinking that removing /bin/cp is a pretty shitty way to end piracy. I can copy files with other commands.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    78. Re:I hope P.B. win this trial by spartanhelmet · · Score: 1

      I'm an atorney representing said kitten.

      If you do not cease and desist using my client's cuteness to convey a counter-point *immediately*, I will be forced to serve you summons for a suit worth eleventy-million $CAD ('cause we know the USD is squat) in loss of royalties and possibly damage to the client's reputation.

      This image is completely and originally the kitten's work, and therefore IP. Failure to... wait, you uploaded to TPB? Now there's NO hope :(

      *legal disclaimer: I am not an atorney of law, and this sarcastic comment on copyright bullshit is not representative of /. as it my own

    79. Re:I hope P.B. win this trial by Overzeetop · · Score: 2, Interesting

      Which doesn't change the fact that the view on copyright and media sharing presented on /. is massively biased, and doesn't reflect the general consensus of the wider population, which is exactly what the OP was saying.

      Really? If you surveyed a million consumers in the target demographic for mainstream media (the 14-35 group, iirc), would you really find that greater than 50% prefer paying for music over free distribution.

      I'd like to see that survey. I have this odd suspicion that if you asked that question, "Would you prefer to pay for music and movies, or would you rather download them for free?" you would have a pretty lopsided result and it would not bear out your statement.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    80. Re:I hope P.B. win this trial by eldorel · · Score: 1

      Except that the internet is INTERNATIONAL!
      Your local laws don't mean a damned thing to me, and my local laws mean the same to you.

      It's illegal for me to link to any photos of Tiananmen Square from china, and in china providing an iso of windows xp with a key is perfectly acceptable.

      Legality is a purely local construct once you get past the big 3. (rape, theft of physical goods, and murder) And almost everything is going to be illegal somewhere, and legal somewhere else.

      So, how do you decide what to enforce, or where to enforce it. The only option is for each nation to have something like the great firewall of china, and even that isn't extremely effective.

      Also, removing the links won't prevent piracy. It might slow down joe sixpack a bit when he wants to download that new song he heard on the radio, but storage has become so cheap that sneakernet can tranfer a terabyte of data by accident.

      "Hey, i just heard this really neat song on the radio today."
      Oh, i have the mp3 for that already, let me grab my laptop, and i'll give it to you."
      "What else do you have?"

    81. Re:I hope P.B. win this trial by PopeRatzo · · Score: 1

      But I thought I had a right to watch Underworld 3 without having to pay rental fees at Blockbuster?

      Are you sure you don't?

      --
      You are welcome on my lawn.
    82. Re:I hope P.B. win this trial by 91degrees · · Score: 2, Interesting

      Only if it's criminally illegal,

      I'm not sure exactly what Google Sweden's policy is. I'd be surprised if it was the same as TPB's. Is there a list of mocking responses that Google has written in response to copyright infringement complaints?

      That's why TPB don't make that argument.

      I look forward to reading about TPB's legal defence. I expect it to have some interesting legal theory behind it. But all I want to address is the argument that if TPB is illegal then all search engines are illegal. This is clearly not the case.

      Does it? Show us the Swedish law that says so.

      Well, given that intent to commit a crime is generally considered an important point in a number of jurisdictions, it seems odd that you would be expecting me to demonstrate this is also the case in Sweden. But here's an example of some learned professionals treating this as an established fact in at least some aspect of Swedish law, and here's another article where intent is considered important. Perhaps this is different for criminal copyright infringement, but I think really it's up to you to demonstrate that copyright infringement is a strict liability crime in Sweden.

      Why are you asking me for references to back up my lack of certainty? My position is that I don't know whether their behaviour is legal but that demonstrating search engines are legal is not sufficient. If we don't know whether intent matters then it seems disingenuous to assume that it does when forming an opinion. You'll end up with a guess.

    83. Re:I hope P.B. win this trial by berend+botje · · Score: 1

      The key point here is that people don't just want a continuous supply of digital content; they want a continuous supply of new digital content.

      True. To ensure this, it might be better to pay the creators, instead of the big media corporations? True talent isn't payed all that well. The money goes to line the coffers at RIAA/MPAA and to the few selected easily molded talentless 'artists' like Britney.

      I'm pretty confident that getting rid of the big media cartels improves artist income, as a whole. Well, at least for those that actually have talent.

    84. Re:I hope P.B. win this trial by 91degrees · · Score: 1

      I don't think so. Unless this case is radically different from all the others.

      It is. All the others are just letters. This is a case.

    85. Re:I hope P.B. win this trial by PopeRatzo · · Score: 3, Insightful

      intent is where TPB crosses this line imho

      Bullshit. Sports gambling is illegal in many places, but the newspapers still publish the betting line, point spreads and horse race results. You know how they get away with it? With these words: "For entertainment purposes only".

      You can't bust someone for publishing a web site telling people the weed the guy in the red jacket in the park is selling is kickass and giving a google maps mashup to his location, unless you're getting a cut of the profits. Even if you have advertising. You do understand that, right?

      The nice thing about the criminal laws in Europe and the US is that they're written in the native language of the country in which they are enforced. It doesn't matter if YANAL.

      --
      You are welcome on my lawn.
    86. Re:I hope P.B. win this trial by berend+botje · · Score: 2, Insightful

      Nonsense.

      I'm a carpenter. Among other things, I make decorated wooded doors. For each door I create, I get payed. If you make pictures of these doors and give them to anyone you know, I really don't care.

      If I was a musician, I would get payed to perform. Each time I perform, I get payed, great! And if someone gives away recordings from this, I certainly wouldn't care. In fact, I would welcome it, because it would get more people into my concerts.

    87. Re:I hope P.B. win this trial by PopeRatzo · · Score: 4, Insightful

      really so that guy selling bootlegs on the street is legit? give me a break.

      Notice how you used the word "selling"?

      That's important. It makes a difference. Outside of selling t-shirts and other swag to help with their legal costs, the last time I noticed, I didn't have to give a credit card number to use TPB.

      --
      You are welcome on my lawn.
    88. Re:I hope P.B. win this trial by PopeRatzo · · Score: 1, Insightful

      We can hardly feel completely inculpable if a poor person we pass every day starves

      Unless you're Republican, and then you can not only feel "inculpable" but can make fun of the starving person on talk radio. [before you mod me down, I'd be happy to provide links upon request]

      --
      You are welcome on my lawn.
    89. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      They are the perfect product to fit a socialist/communist economic model, why should we expect people NOT to pirate?

      Perhaps because we don't live in a socialist/communist society.

      There's no good argument considering the resource is not scarce.

      The end result is not scarce. The labor that goes into producing that product is. Feel free to copy a product which has not had any work put into it as much as you want.

    90. Re:I hope P.B. win this trial by PopeRatzo · · Score: 4, Interesting

      It's all or nothing

      No where on Earth is it "all or nothing" my friend.

      without effective copyright laws the effort large corporations put into content would diminish

      We should only be so lucky.

      --
      You are welcome on my lawn.
    91. Re:I hope P.B. win this trial by PopeRatzo · · Score: 1

      There is virtually nothing of note there that is free to download.

      Actually, you're wrong about that, but too lazy to actually go look for yourself.

      And I'm too lazy to prove you wrong.

      However, your legal pronouncements are quite insightful, for a "lead dev for an ind. label's download site".

      --
      You are welcome on my lawn.
    92. Re:I hope P.B. win this trial by PopeRatzo · · Score: 4, Insightful

      it's called The Pirate Bay!

      They also called the batting order for the 1930's New York Yankees "Murderers' Row" but as far as I know, none of them stood trial for capital crimes.

      --
      You are welcome on my lawn.
    93. Re:I hope P.B. win this trial by TechForensics · · Score: 1

      And the endless attempts at DRM and trying to license everything instead of people actually owning the stuff they buy. I consider it a counter force to the overwhelming concentration of corporate and private power at the expense of the public good and the individuals rights to own what they buy and not trying to be turned into serfs of consumption via legal corruption of the law and peoples rights.

      I agree. I have always felt that the people have an inherent right to impose a tax (diversion of some artificially highly-priced product) outside of the formality of written statues. This right becomes vital when corporate interests control the congress and the law.

      --
      Those are my principles, and if you don't like them... well, I have others.
    94. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Mono's not really even 100% legal either, considering the patents it tramps on.

    95. Re:I hope P.B. win this trial by TechForensics · · Score: 1

      If we are lucky, the pressure of public involvement and scrutiny will tell the Court something and influence the outcome.

      --
      Those are my principles, and if you don't like them... well, I have others.
    96. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Wow... if it ever becomes illegal to do this, then I'm in big trouble...

    97. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Psst... if you get modded down, it's not because you're wrong, but because you added nothing of value to the discussion. That's for free, buddy. Next tip'll cost you.

    98. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      "No one is forcing you to go to work. Please stop doing it. There are a lot of people ready to do it for free. If you only do it for the money, and your choice of lifestyle requires you to get a paid every time you work and demand a paycheck for services rendered because of this idea, I think you're crazy."

      Sounds convoluted and a stretch to you? Re-read your argument and tell me if OP wasn't making more sense than you.

    99. Re:I hope P.B. win this trial by drinkypoo · · Score: 1

      The real resource is very scarce, and if it is not paid for, ultimately the quality and/or quantity will decrease.

      If it is paid for, the quantity increases, but the quality decreases. Oh sure, the slickness factor increases. But let's face it, what prompts Hollywood to keep churning out the same old schlock is that people keep paying for it.

      Actual art, on the other hand, is made for the sake of art. And that will continue whether anyone pays for it or not. While I could make all kinds of generalizations about "true" art and artists, let me instead say that the art which needs to be made will be made. It will burst out of the artist uncontrollably.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    100. Re:I hope P.B. win this trial by ciderVisor · · Score: 1

      Mod +5 Insightful

      Someone on another forum put it like this "Spotify makes P2P seem too much like hard work".

      It also answers the "try before you buy" justification for file-sharing. Now, if only they could make an equivalent for TV and movies, we'd be there.

      --
      Squirrel!
    101. Re:I hope P.B. win this trial by drinkypoo · · Score: 1

      2. The content of pages at a given address can change.

      That's why intent is significant in a legal proceeding.

      5. If a page linking to illegal material is itself illegal, then so is a page linking to that page, and so on. Almost the whole Web would be illegal.

      See my answer to #2. This also answers your sophomoric, illogical, and even laughable #6 and #7. We call it a "link" because you are attempting to make a link, again, intent.

      8. It would be an unmanageable burden for search engines, site operators and just about everybody if they had to check every link (or satisfy themselves that they do not 'know' it contains illegal material) before adding it.

      That's why at least in the USA we have the substantial non-infringing use test.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    102. Re:I hope P.B. win this trial by ciderVisor · · Score: 1

      Interesting to see the ad at the top of this page (for me) is "Seafight - The Battle Has Begun" with sailing ships on fire and cannons blasting.

      --
      Squirrel!
    103. Re:I hope P.B. win this trial by sapphire+wyvern · · Score: 1

      I'll give you an even better tip: don't bother with it. Not even Bill Nighy could save that movie. And I paid to see it at the cinema!

    104. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      This means that if they are convicted it may be illegal to have links to questionable content.

      http://questionablecontent.net

    105. Re:I hope P.B. win this trial by drinkypoo · · Score: 1

      Bittorrenting isn't leeching unless you disable upstream, and then your downstream tends to suffer unless there are a kajillion peers.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    106. Re:I hope P.B. win this trial by Znork · · Score: 3, Interesting

      doesn't reflect the general consensus of the wider population

      I think that depends very much on what demographic you survey and exactly what questions you ask.

      Which would pay artists for cases of internet piracy where there is no sale how?

      Most of the time there is some revenue collected; even in the TPB case, with ads. If it was moved to a levy/sales-tax system I'd expect the available channels to morph into analogues of radio/cable TV. Commercial financed or subscription based systems.

      There is also price point where the illegitimate systems simply aren't worth it and with a mandatory licensing/fee system the professional sites could easily offer services such as selection, availability, guaranteed quality and formats, freedom from infections, etc, that would simply make it a better deal to pay for it. Like someone noted, torrent sites are often crap when it comes to less widely popular material.

      At that point DRM becomes unnecessary; it's easier to pay for and get what you want from a legitimate site than to mess around with dubious sites.

      Why do you expect we would pay for more artists

      Because 50% of end-sales revenue is still more than they're getting today from legitimate sales through channels, even if prices on end-sales were cut by 80%. And that's below what I think would be the inflection point where legitimate services would be of more value than free as in beer. Compare with program cost of cable or radio to get an estimate of the low-end of a possible revenue stream.

      basic premise that people 'want' to pay

      People will pay more than enough to support artists and creators, but not, perhaps, enough to support the current cost structures. They'll pay for convenience, but they won't pay because they're told to. Personally I pay for Emusic, which is a good price/value/convenience proposition for me, although I suspect it may be a bit expensive for the average radio listener, and not very useful if they listen to mainstream music. It also means I'm paying more than 6 times what I did when I was buying a few cd's per year, yet each track gets less money. It wont pay for huge marketing campaigns for every track, it wont pay for executives, release parties, payola, etc, but those things aren't necessarily something that should be paid for by what is a public incentive system.

      I'd prefer to see such a resolution as it at least makes it possible to solve the initial investment problem, and it makes it possible to balance non-exclusive revenue incentives between interest groups, to maximize the value generated for society.

      Either way tho, the current system is dead; the next-gen networks will be anonymous, encrypted and f2f cell based, making them impervious to monitoring.

    107. Re:I hope P.B. win this trial by dgr73 · · Score: 1

      Yours is an ages old argument, so i'll just reply with the ages old answer: So people selling double tapedecks, VHS, crowbars, assault weapons (for hunting) and cars that go faster than the speed limit, etc are all guilty of a crime?

    108. Re:I hope P.B. win this trial by Kijori · · Score: 1

      I've actually left that job now - I'll go change my signature. :)

      I have looked for myself - I looked through the top 100 of every category, and searched for "Linux" (which finds little of interest as I mentioned previously), "ubuntu" (which finds Ubuntu - with very few seeders or downloaders), and "open source", which ironically mostly turns up illegal copies of Microsoft software.

      I don't think I made any legal pronouncements to be honest - I certainly wouldn't credit anything I said with any legal merit, since my knowledge of Swedish law is as bad as it could possibly be. I just get sick of seeing the same arguments trotted out over and over again and seen as "correct" when they're normally little more than attempts to justify getting what you want without paying.

    109. Re:I hope P.B. win this trial by Damek · · Score: 1

      I want to agree with you but, your analogy is a little too simple. This would be more akin to if you drew up a map of all the street sellers in the city and what bootlegs they had, and distributed it freely from a street stand of your own.

      I still wouldn't say you were guilty of copyright infringement ... but aiding? Perhaps a little bit, no?

    110. Re:I hope P.B. win this trial by bit01 · · Score: 1

      What few studies there have been that might realistically indicate the views of a whole population mostly don't support your implied position about what the majority of people support.

      Actions speak louder than words. The vast majority of people pirate/share, particularly in the third world, despite the incessant propaganda from vested interests. Most people have absolutely no problem sharing.

      Of course, if you get all your news on a controversial subject like this from heavily biased sources like Slashdot, you probably place a lot of weight on the one or two headline-grabbing stories about exceptions to this, and overlook everything else.

      You're either a lying astroturfer or incredibly naive. Almost the only people who haven't shared media are those who don't know how to. And the only bias around here is from the zealots like yourself who are dishonestly trying to pretend that isn't true.

      ---

      Adopt an astroturfer. Make their life hell.

    111. Re:I hope P.B. win this trial by hackstraw · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      i'm yet to see a good defense for this. your an accessory to a crime if you knowingly aid it.

      The law is not absolute in terms of geography nor in terms of time nor is the law universally accepted as correct.

      Yesterday on slashdot, I saw links to antennae for HDTV. Tomorrow, that could be illegal in some places to show such content. There are tons of sites, books, etc out there that show you how to do illegal things, but none of that is illegal until someone either conspires to perform such an act or does such an act with that information.

      Actually, I read where the average 11 year old has seen like 20,000 murders by that age. Last I checked murder was illegal for most of us, but so long as they don't see 20,000 boobies, then murder on TV is OK.

      I don't welcome separate but equal, slavery, women's suffrage or any of that. And people broke the laws to change the laws. This is a good thing.

    112. Re:I hope P.B. win this trial by Kijori · · Score: 1

      To claim, like the grand-grandparent did, that the name suggests intent requires an unambiguous name

      I disagree. It would certainly be foolish to claim that the name proves intent, but I would argue that it's one of the many signs that show that, whether or not what they're doing is legal, they certainly aren't the victim of a defamatory conspiracy; they have made it amply clear that they support - if not encourage - illegal downloading of copyrighted materials. They make money based on a service to help people break the law. Whether that is illegal or not is a matter for the court, but I don't understand why so many people support them.

      To quote my other post:

      Whatever you think of the attitudes of copyright holders or the morality of copyright itself, it's clear that TPB are not innocent here. We aren't talking about some general-purpose site that happens to link to some questionable material. I would hazard a guess that 90% of traffic to TPB is people wanting to avoid paying for what they want. They don't just host a few links, they celebrate the idea of "illegal" downloads. They mock law enforcement. They're called "The Pirate Bay". They link - on the front page - to hand-picked lists of copyrighted material for you to download. Go and look at their music pages; they have compiled lists of hundreds of artists - whose material is not free - to facilitate the illegal downloading! They have categories like "Wii" that hold nothing but non-free material.

    113. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 1, Interesting

      The Pirate bay is called The Pirate Bay because it literally is just that. The Pirate Bay. Sure, their logo happens to be a cassette tape, so what? Shutting them down is roughly equivalent to blocking off the Tampa Bay so that "pirates" can't get in and make illegal copies of digital content available. BFD. People will have to go out of their way to do what they've always done.

      They're merely a single resource by which the pirates distribute their content, they aren't the pirates. And even if they put it up with the intent of doing so in the first place, putting them on trial is like blaming the earth for allowing humans to develop and eventually ruin the ozone layer... that's pretty ridiculous, huh?

      Oh, but sure one could say "They're an accessory to crime because they enable criminals to engage in criminal activity". Again, nobody blamed Maxell for the vast amount of "illegal copying" of cassette tapes in the 1980s and early 90's, nobody blamed Sony for making dual-cassette deck players with HIGH-SPEED-DUBBING so you could get your illegal copy twice as quickly! I'm sure they only intended for people to use the media and the recorder for everything BUT illegal cassette duplication, right?

      The only difference today is that it's much easier to make something just as innocent sound like a heinous crime against humanity thanks to the RIAA and every other criminal person/organization that participated in creating the DMCA so they could protect their bloated bank accounts.

      Copyright is being used to prevent ordinary people from sharing things that ordinary people used to do all the time, and it all started with the computer revolution and software makers whining about people making wrongful copies, and that it was "piracy". Nobody made a big deal about it outside of computers though, and strangely enough, now that music files and movie files are distributed on a computer network, it's suddenly awful, and wrong.

      This case, the laws, the people fighting will lose eventually because it is the very nature of free-will to "share" in the first place, and people will always do what they please in some form or another. Do you think that every person who submits a Torrent on TPB is trying to break the system, so to speak?

      In 1993, when I asked my Grandmother if she could leave GeoWorks on her computer she was about to give me, she said "No. I have to put it on my new computer and It's illegal for me to let you use it at the same time". WTF?

      In 1994 when I broke my computer trying to format a compressed disk and not knowing how to use FDISK to repair the partition and reinstall DOS, I took it into a shop. My computer used DD 360k floppy drive, theirs was a HD 1.2MB floppy drive. The software happened to be on that very same 1.2MB format. My computer would not load the disk. I suggested "Copy it onto several 360K disks so it will be compatible".
      Guess what? "I can't do that, it's illegal."

      People had been so absolutely SCARED to even make a copy of a disk that was only going to be used once in a lifetime because they thought they MIGHT GO TO JAIL. Does this not scream "OMFGWTFBBQ RIDICULOUS?" The case against TPB is just-as-fucking-ridiculous. I'm sick of this shit.

      PS, I took the computer to a friend of my mother's who fixed it up in less than an hour, hooked up lapLink pro and hooked me up with a ton of "Goodies". I suppose he was a criminal mastermind huh?
      end rant.

    114. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 2, Informative

      Dude. One of the publishing houses in Sweden, which btw publishes several of the major authors in Sweden is called "Piratförlaget". For your information that translates roughly as "The pirate publishing house". Clearly, inferring from the name they specialize i selling stolen books, right?

      Now, who modded the parent posters drivel "Insightful"!?

    115. Re:I hope P.B. win this trial by hackstraw · · Score: 1

      couldn't agree more, but the average slashdotter performs amazing mental and moral backflips if it lets him leech free music and movies.

      Don't all girls do the same thing?

    116. Re:I hope P.B. win this trial by Resident+Emil · · Score: 1

      The good argument is that if you can't amortize the cost of making the work in the first place over a large number of sales, you go back to the old patronage model of yestercentury, where a lot of things only get made if one very rich patron chooses to fund them, and then that patron is the only person who gets to choose who can enjoy them.

      How is this different from the current situation where a limited number of corporations are funding a select few artists, then effectively building a marketing haystack around said artists, tranforming all other outlets into the proverbial needle?

    117. Re:I hope P.B. win this trial by bit01 · · Score: 1

      Which doesn't change the fact that the view on copyright and media sharing presented on /. is massively biased, and doesn't reflect the general consensus of the wider population, which is exactly what the OP was saying.

      Given the fact that the vast majority of the population that can copy, do copy, particularly in the third world, it's pretty clear where the bias is here.

      ---

      It's not piracy, it's sharing. Didn't your parents teach you to share?

    118. Re:I hope P.B. win this trial by jez9999 · · Score: 1

      It is starting to look like media sharing is the cannabis of the new millennium (or at least the first part :)).

      What does that make cannabis?

    119. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      This means that if they are convicted it may be illegal to have links to questionable content.

      Like this?

    120. Re:I hope P.B. win this trial by The+Yuckinator · · Score: 2, Insightful

      Only a Sith deals in absolutes.

    121. Re:I hope P.B. win this trial by bob.appleyard · · Score: 5, Insightful

      "I will only say this, that if the measure before us should pass, and should produce one-tenth part of the evil which it is calculated to produce, and which I fully expect it to produce, there will soon be a remedy, though of a very objectionable kind. Just as the absurd acts which prohibited the sale of game were virtually repealed by the poacher, just as many absurd revenue acts have been virtually repealed by the smuggler, so will this law be virtually repealed by piratical booksellers. At present the holder of copyright has the public feeling on his side. Those who invade copyright are regarded as knaves who take the bread out of the mouths of deserving men. Everybody is well pleased to see them restrained by the law, and compelled to refund their ill-gotten gains. No tradesman of good repute will have anything to do with such disgraceful transactions. Pass this law: and that feeling is at an end. Men very different from the present race of piratical booksellers will soon infringe this intolerable monopoly. Great masses of capital will be constantly employed in the violation of the law. Every art will be employed to evade legal pursuit; and the whole nation will be in the plot. On which side indeed should the public sympathy be when the question is whether some book as popular as Robinson Crusoe, or the Pilgrim's Progress, shall be in every cottage, or whether it shall be confined to the libraries of the rich for the advantage of the great-grandson of a bookseller who, a hundred years before, drove a hard bargain for the copyright with the author when in great distress? Remember too that, when once it ceases to be considered as wrong and discreditable to invade literary property, no person can say where the invasion will stop. The public seldom makes nice distinctions. The wholesome copyright which now exists will share in the disgrace and danger of the new copyright which you are about to create. And you will find that, in attempting to impose unreasonable restraints on the reprinting of the works of the dead, you have, to a great extent, annulled those restraints which now prevent men from pillaging and defrauding the living."

      -- Thomas Macaulay, House of Commons 1841, debating whether copyright should be extended to 60 years after an author's death.

      How close do you think he got? I'd say pretty much on the money.

      --
      How dare you be so modest!! You conceited bastard!!
    122. Re:I hope P.B. win this trial by jez9999 · · Score: 1

      Like there's a good defense for an illegal war in IRAQ?

      What illegal war? And what relevance does Iraq (it's not an acronym, BTW) have to this?

      Of course it's an acronym, people just don't realise it, and it justifies the Bush administration's stance on the war.

      Iraq Runs Al Qaeda.

    123. Re:I hope P.B. win this trial by Wrath0fb0b · · Score: 2, Interesting

      Unfortunately that may be true. This looks like one of those cases where if they don't win they will try again, all the while trying to change the rules to make it impossible to lose. It is starting to look like media sharing is the cannabis of the new millennium (or at least the first part :)).

      Just a quibble, the elected government of Sweden has every right to "change the rules", pretty much whenever they want. They can't make the new rules retroactive to old conduct (ex post facto), but we all have to follow the new rules once they are made. Democratic government surely do make mistakes (they all do), but until we devise a better system of governance, I will continue to believe in the legitimacy of our current political process.

    124. Re:I hope P.B. win this trial by Minozake · · Score: 1

      No where on Earth is it "all or nothing" my friend.

      The Electoral College disproves you.

      --
      http://sourcemage.org/ - Have fun :)
    125. Re:I hope P.B. win this trial by Minozake · · Score: 1

      As a site that is mostly powered by its users, and a site that does not regulate what is uploaded, there are more people uploading links to infringing resources.

      The problem is in the people.

      --
      http://sourcemage.org/ - Have fun :)
    126. Re:I hope P.B. win this trial by andrikos · · Score: 1

      Because the worst kind of piracy is cons-piracy!

    127. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      It is moore to it than that, it is a lot bigger and something really big is at stake. It is also about the same principle as in the US case Sony v. Universal, the Betamax case. The question if the maker of a tool can be held responsible for other peoples use of the tool. Like accusing a knive maker of contrubuting to murder when someone has used a knive in such a crime. Yes, The Pirate Bay is not accused for copyright infringiment, only for contributing to it (to a crime without identified perpetraitor).

      In the Betamax case the court stated: "[There must be] a balance between a copyright holder's legitimate demand for effective - not merely symbolic - protection of the statutory monopoly, and the rights of others freely to engage in substantially unrelated areas of commerce. Accordingly, the sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses"

      So, can TPB have substantial noninfringing use? The answer is obvious. But if the court decide to go against what has been law som far, we stand before a major change. Just step into any shop selling electronic goods and look around at all tools that can be used for copying, you will see all kinds of things from cameras, videorecorders, cd-burners to cellphones, musicplayers and computers. All tools that can be used. Now imagine if we get a ruling that says they can be prosecuted for contributing to copyright infringiment. Talk about consequences.. World wide.

    128. Re:I hope P.B. win this trial by Minozake · · Score: 1

      bs. English is transforming, and people have the right to mangle their own English.

      --
      http://sourcemage.org/ - Have fun :)
    129. Re:I hope P.B. win this trial by meringuoid · · Score: 1
      I'm not sure exactly what Google Sweden's policy is. I'd be surprised if it was the same as TPB's. Is there a list of mocking responses that Google has written in response to copyright infringement complaints?

      I don't know about Google Sweden, but the US version will remove any entries that link to copyrighted material, on receipt of a proper DMCA notification, as required by US law. In their place, they'll put up a link to the request itself on chillingeffects.org, listing every URL that they weren't allowed to link to. As plain text, not as links, which I presume is legal. Here's an example of what Google will post when you ask them to take down links to your copyright material, plainly undermining the entire point of a takedown notice. Mocking? Quite possibly, although in a far more subtle way than TPB.

      However, reading more closely, it looks like TPB haven't been charged with copyright infringement, or with linking to copyright material in any way. They've been charged with 'promoting other people's infringements'. Now I'm uncertain how to interpret that, since it'll be a translation from Swedish and probably loses some meaning, but to my mind, if one promotes an activity, one publicises and encourages it. It's more incitement to piracy than piracy itself. And I have no idea what the Swedish law is on that one. Maybe it's legal to link - but illegal to encourage people to click?

      --
      Real Daleks don't climb stairs - they level the building.
    130. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Hey, that sounds vaguely familiar to a movie I pirated a while back.

    131. Re:I hope P.B. win this trial by meringuoid · · Score: 1

      Perhaps, but on /. the audience is quite Unix-heavy, and an abbreviation that collides with one of the standard utilities really ought to have been capitalised to avoid confusion. My mistake.

      --
      Real Daleks don't climb stairs - they level the building.
    132. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Like there's a good defense of sweatshops in the third world?

      As long as it's not forced labor, what wrong with "sweat shops"? If it's a better alternative to other local jobs, why is it so important that you feel good about it? Most of the world is just trying to scrape by, and if the scraping is better there, who are you to tell them they can't do it?

    133. Re:I hope P.B. win this trial by Minozake · · Score: 1

      No shit. People make the best choices they know they can in the name of self-interest.

      --
      http://sourcemage.org/ - Have fun :)
    134. Re:I hope P.B. win this trial by superskippy · · Score: 1

      I've heard this argument several times that they are "just linking to illegal content", as if what they are doing is just like an HTML link, just like google.

      These guys are actually running the Bittorrent trackers themselves. That is to say they are coordinating the distribution of files, far more directly than merely linking to them. No tracker, no torrent. Although they might not actually have any of the goods on their servers, they have filenames, and SHA1 checksums of the chunks of the material. This is a clear distinction between the Pirate Bay and mere links.

      There is no doubt in my mind that if torrent trackers were around when copyright was invented, then torrent trackers of copyright material would have been made illegal. They only slip through in Sweden due to out-of-date laws. Sweden should change her laws.

    135. Re:I hope P.B. win this trial by hjrnunes · · Score: 1
      You gotta mod parent up!

      Someone should print this and give it away everywhere.

    136. Re:I hope P.B. win this trial by Lord+Bitman · · Score: 1

      You don't, but you certainly have a right to tell absolutely anyone that you know someone who has watched Underworld 3 without having to pay rental fees at Blockbuster.

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    137. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      And if that fails, they will come back with an armada of gunships, a kraken, an undead monkey, and the accursed souls who were lost at sea. These guys just won't give up.

      don't you mean -they will come back -AS- accursed souls?

    138. Re:I hope P.B. win this trial by Internalist · · Score: 1

      Which doesn't change the fact that the view on copyright and media sharing presented on /. is massively biased, and doesn't reflect the general consensus of the wider population, which is exactly what the OP was saying.

      The problem, of course, is that most people's opinions are formed on the basis of information distributed to them via Big Media. So really it's a cruddy chicken-and-egg problem that I at least don't see any way to solve. People like Michael Geist are fighting the good fight disseminating (relatively) objective information about copyright & associated issues, but really he's kind of preaching to the choir (i.e. not reaching many laypeople).

      --
      Research is what I'm doing when I don't know what I'm doing. -- Wernher von Braun
    139. Re:I hope P.B. win this trial by superskippy · · Score: 3, Insightful

      1) People have been pirating computer games on a large scale since the early 80ies. If you haven't been able to make a buck before, you never will.

      This is true. There has always been piracy to a greater or lesser extent. To talk about music, when tapes first came out, piracy went up, then when CDs arrived there was a short golden age for the record companies of very low piracy. Then CD burners came along, and piracy went up again.

      The equation has always been about how much effort it takes to pirate and how good the pirate copy is, versus how much money it costs to buy the stuff legitimately. Traditionally, buying the stuff is good for people with lots of money, but no spare time (i.e. working people), whereas piracy has always appealed to people without a lot of money but a lot of time on their hands (typically students, and the unemployed). Taping a song from the radio in the 80s takes dedication- if your a kid in your bedroom that can't afford the $2, but you've got the time to wait for your song to appear on the radio, then you'll tape it. The kid's parents who have been at work all day will just go down the shop.

      Torrents have now got to the point where the effort is so low (everyone knows about the Pirate Bay) that pretty much everyone has enough time on their hands to bother. If the rights holders are to reverse piracy, they don't need to drive out all piracy, they merely need to make it more effort than buying the stuff for the majority of people. And that's what's different now.

    140. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Isn't "decome" what you have to do to your keyboard after surfing all those hunk sites?

    141. Re:I hope P.B. win this trial by Minozake · · Score: 1

      Nah, don't worry about it. The context was strong enough.

      --
      http://sourcemage.org/ - Have fun :)
    142. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      http://www.learningmovabletype.com/files/cute-kitten-picture-in-the-grass-thumb.jpg

      I demand you cite the copyright policy on that image and justify posting it here to this forum.

    143. Re:I hope P.B. win this trial by ultranova · · Score: 5, Insightful

      It's called "The Pirate Bay". That is a clear expression of an intent to index material related to piracy.

      Of course, just like the Pirate Party is fighting to reduce the scope of copyright.

      It is positively mind-boggling that you can take such a clear statement of intent to aid and abet copyright infringement, and somehow conclude that they had a noble goal of protecting freedom of speech or some such.

      Aiding people to circumvent unjust laws is a noble goal.

      TPB is about piracy. It's nothing to do with avoiding censorship; the sole purpose of the site is to help people infringe copyright.

      Copyright is about censorship. The MPAA's campaign to keep the so-called "illegal integer", 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0, off the Net is a clear example of that. The whole DeCSS mess was even better.

      There may well be a loophole in Swedish law that makes this activity legal there, but that's a separate question, and will shortly be answered by the court hearing this case.

      Not all features of law which benefit the people rather than the corporations are loopholes. Some of them might actually exist because of the quaint notion that governments exist to serve all of their living, breathing citizens, rather than the few billionaires and their companies. I know, I know, it's unthinkably idealistic, and will undoubtedly be fixed as part of the inevitable slide towards another Dark Age and World War III we are currently experiencing, but for now, it exists.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    144. Re:I hope P.B. win this trial by Windrip · · Score: 1

      Hey shit-for-brains: Google maintains a cache of what it finds. They store actual content. TPB stores no actual content. In the case of copyrighted material (Google books), they don't make it available via the cache.

    145. Re:I hope P.B. win this trial by ultranova · · Score: 1

      You should be aware that acronyms must be capitalized in English.

      The general rule seems to be that acronyms are capitalized if the individual words they are made up of would be capitalized. They can also be capitalized for effect. However, your assertion that they "must" be capitalized is clearly nonsensical: who would have the authority to make such a rule, the power to enforce it, and nothing better to do with either?

      Furthermore, it is quite ironic that you failed to capitalize your first sentence in a post complaining about capitalization in another person's post. So stfu.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    146. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      7. Linking to a page is simply mentioning its address. If that were illegal, it would effectively be illegal to disclose the existence of certain web pages.

      Funny, I figure shit like this is the wet dream of every dictator wanting full control of his people, or every media exec wanting complete control of your eyeballs.

    147. Re:I hope P.B. win this trial by jonaskoelker · · Score: 1

      Please add spoiler warnings next time! :(

    148. Re:I hope P.B. win this trial by jonaskoelker · · Score: 1

      [you're] an accessory to a crime if you knowingly aid it.

      Copyright infringement is typically a civil rather than criminal matter.

      (your point may still stand, though)

    149. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 3, Interesting

      It is called the Pirate Bay because it was started by the Piracy Bureau, whose name is meant to parody the Anti-Piracy Bureau (the Swedish equivalent of the MPAA).

      Legally it's currently a gray area. Some people want a harsher copyright legislation and framed the debate as "anti-piracy" to gain support. Of course the other side, arguing for a more pro-consumer copyright legislation, will call themselves "pirates" if they have a sense of humor.

    150. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      intent is where TPB crosses this line imho. google bot just index's everything, where these guys purposely set out to create a list of infringing downloads.

      i'm sure you could muddy the waters plenty, but at the end of the day illegal downloads are what TPB is all about.

      You have absolutely no idea how TPB works.

      I'm not saying there aren't links to infringing downloads on TPB, but to propose or state that it is a fact that the owners/operators of TPB actively and "purposefully" make a list of infringing downloads is preposterous.

      TPB is a fully automated system for uploading links, no different from imgshack. (other than that imgshack is an automated service for uploading pics) You don't see imgshack getting sued for what their users "make available" through them.

      TPB is targeted because of it's size and "variety" of infringing links. Movies, Music, Pictures, Books, TPB has it all, and that's why they're the most targeted, and coincidentally the best known pirate site on the Internet.

      There's the rub.

    151. Re:I hope P.B. win this trial by 91degrees · · Score: 1

      Hey shit-for-brains:

      Hey, yourself.

      Google maintains a cache of what it finds. They store actual content. TPB stores no actual content.

      Yes, that's my understanding too. What's your point?

      Are you suggesting that because Google do something that could be considered copyright infringement, TPB should be able to do something unrelated that could be considered copyright infringement? It sounds like it could be an interesting legal theory but I'm not quite sure I understand it.

    152. Re:I hope P.B. win this trial by jonaskoelker · · Score: 1

      Whether the copyright-infringing act is itself commercial in nature doesn't change (as far as I'm aware) whether it's legal.

      As part of a fair use defense, you can argue that your actions don't decrease the commercial viability of selling the copyrighted thing (or licenses to consume or use it, whatever).

      But when the law clearly says "no redistribution", the fact that people aren't paid for seeding bootleg torrents doesn't make it legal.

      (whether what TPB does is legal or not depends; I guess a jury will decide that)

    153. Re:I hope P.B. win this trial by Almahtar · · Score: 1

      But this is clear intent to murder! How blind is justice these days?! It's a well known fact that names correlate directly to real-world function every time and never have metaphoric, symbolic, or otherwise figurative contexts and thus should be court-admissible evidence.

    154. Re:I hope P.B. win this trial by jonaskoelker · · Score: 1

      Since most of the torrents on TPB have nothing to do with buccaneers

      See also http://news.slashdot.org/comments.pl?sid=1128381&cid=26861831 ;-)

    155. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      They do make money off advertisement (how much or whether this is the reason they run the site has nothing to do with that).

    156. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      i'm yet to see a good defense for this. your an accessory to a crime if you knowingly aid it.

      When your local newspaper writes that, "the section of Main street between Maple and Elm Avenues, is host to a large number of prostitutes" have they committed a crime?

      After all, they have provided a RL link to an illegal service.

    157. Re:I hope P.B. win this trial by Failed+Physicist · · Score: 1

      What? In America we have something called you shouldn't go to jail if you didn't do anything wrong. [...] you can pour a glass of lemonade and set out a lawn chair for all we care, you are not liable.

      That is very wrong in my book.

    158. Re:I hope P.B. win this trial by edremy · · Score: 1

      It doesn't matter how much illegal content there is, the fact that you even found one "legal download" (remember, nothing is stored on TPB, they do not perform any infringement) shows that it's not meant for breaking the law

      "It doesn't matter how many items in this pawn shop are stolen, the fact that we have one item that wasn't means we're legit!"

      "It doesn't matter how much money we launder through this pizza shop, the fact that we sold a pizza means that we're not meant for breaking the law!"

      I invite you to try this next time in court. TPB has some legal defenses here, but the idea that they aren't all about the pirating of copyrighted content is just absurd.

      --
      "Seven Deadly Sins? I thought it was a to-do list!"
    159. Re:I hope P.B. win this trial by bencoder · · Score: 1

      There has certainly been some precedent for this.

      Websites are dynamic and can change, and I recall a case some years ago where a large sponsor dropped their support for a company because a link dried up and got replaced with a porn site or similar.

      Now, are you sure want to make it law, so you have the potential to face jail time if a link on your site changes? And you may say what you want about common sense and everything but if the law is there then it is open to abuse.

    160. Re:I hope P.B. win this trial by Failed+Physicist · · Score: 1

      This is really impressive. I hope that man's name shall be remembered much more strongly by the collective memory of the internet after this copyright saga.

    161. Re:I hope P.B. win this trial by Pinckney · · Score: 0

      They also called the batting order for the 1930's New York Yankees "Murderers' Row" but as far as I know, none of them stood trial for capital crimes.

      The Yankees were uninvolved in murder, however. The Pirate Bay (as much as I love it), is inarguably involved in copyright infringement. It exists to tell individuals where they may find files, and yes, most of those are copyrighted files that cannot be otherwise obtained. Sure, that's probably legal in Sweden, but you can't seriously deny that they are intentionally aiding copyright infringement, can you? Note that in addition to the name, note that their Favicon features a cassette tape, suggesting a commitment to providing trackers for music. Note also that in the categories they divide their torrents into---the categories presumably created by TPB, and not by users---they include games for the PS2, XBox 360, and Wii, systems for which there exist few (no?) free titles. Including such categories does seem to imply that they are knowingly assisting copyright infringement---they must know that those will be useful categories only if their trackers refer to copyrighted files. Additionally, on their "Doodles" page, they state "The Greens made a great pro piracy commercial and we of course promote that!" (The commercial in question is found at http://www.iwouldntsteal.net/).

      To put it bluntly, you're delusional if you think their purpose is anything but aiding piracy.

    162. Re:I hope P.B. win this trial by Anonymous+Brave+Guy · · Score: 1, Insightful

      Most of it never will run out in our lifetimes because of the perversion of copyright.

      It doesn't matter how many times you repeat that, it's still a straw man, because the music and movies being traded over P2P are usually recent releases or even pre-releases.

      That suggests the question, what does "fully informed" mean? [...] People will copy music at the least provocation, so I suspect that most people don't think copying music is wrong, or at least, any more wrong than what the record companies do.

      People used not to see what was wrong with using a mobile phone while driving, even though the evidence plainly showed that it dramatically increased the risk of accidents. They stubbornly maintained that they knew better, and they were in the top x% of drivers, and they wouldn't have an accident. However, when shown the hard data, or better yet put on a simulator that can show them objectively their own abilities, most people agree with laws banning the use of mobile phones while driving. The few who do not and continue to behave in a way that has negative consequences for others are what we call "criminals".

      An analogous argument can be applied to copyright. A lot of people, acting in isolation, see copyright infringement as a "victimless crime", and rationalise their own infringement away as somehow getting even with Big Media who have enough money already. And yet those same people, when faced with a small-time artist just trying to make an honest living and pay the rent, go strangely quiet: witness the comments on forums like this one when a regular Slashdot poster who happens to be an independent game developer in the UK asked some honest questions about how to deal with piracy a few months ago. Moreover, those infringers who are happy to rip off big companies because "they have enough money" are often the first people to bitch about how their pension funds and savings aren't worth what they used to be in the current economic climate, conveniently ignoring the fact that those big companies don't just make money for half a dozen top executives, they also pay dividends to shareholders — most of which are institutions managing pensions and savings.

      People still make media for the pure joy of it and - shock amazement - it tends to be of higher quality than that which is made for commercial purposes. The commercial stuff often has more complexity especially in video and video games, but usually they are overconvoluted where they should be simple. [...] Your chosen vision of copyright law does nothing to induce the production of genuinely valuable art which advances our society, yet instead produces more backstreet boys and christina aguilera albums.

      And here your entire argument falls apart. Who are you to judge what art is "genuinely valuable" and "advances our society"? Millions of people enjoy listening to the kinds of music you describe: many of them pay good money for it, and if many more didn't rip it illegally then we wouldn't be having this conversation. As a total benefit in terms of enjoyment in society, those big name artists who make it on the back of Big Media support generate vastly more benefit than any small-time independent artist or author or high-brow literature.

      It's called civil disobedience and it is well recognized as a valid tactic of last resort.

      No, it's not, though it makes a convenient excuse for those who condone illegal behaviour to pretend it's OK.

      The point of civil disobedience is to break the law and then accept the consequences. The rationale is that if too many people in a society are willing to do that, it overloads the legal system, and thus demonstrates the unjustness of the law and forces the administration of the day to act.

      Ripping content illegally while hoping you don't get caught doing it isn't civil disobedience, it's just breaking the law.

      In any case, if yo

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    163. Re:I hope P.B. win this trial by Failed+Physicist · · Score: 3, Insightful

      Exactly. As language should be dynamic and represent common use by the people of a given period, the law should do its best to adapt to itself to the morality of the day. An overwhelming majority of people - not only slashdot techies, but pretty much every average person I know - have no qualms about violating copyright; this means that it should be acceptable, and we should collectively find a new way to reward content creators of all kinds.

    164. Re:I hope P.B. win this trial by Almahtar · · Score: 1

      Which doesn't change the fact that the view on copyright and media sharing presented on /. is massively biased, and doesn't reflect the general consensus of the wider population, which is exactly what the OP was saying.

      The general population is completely uninformed on the topic. That makes it a good thing that /. doesn't agree with their consensus, provided it doesn't, which you have yet to substantiate (in my experience it does).

      Any solution that revolves around a tax on reproduction would require methods like DRM to stop reproduction that doesn't pay the tax, or are we going on the basis that people will not subvert a mandatory tax (even though they choose to ignore a mandatory cost of purchase)?

      Naw. It's pretty simple. See them in concert? Pay for the concert. You're paying for a once in all eternity experience -- this is the one time that concert will happen. Pay for a shirt, or some other merch? Hey, you're motivated to pony up because you get something for it. I would honestly even pay for a CD from an artist I liked just so I know I have it around if an EMP magically destroyed all my data.

      Why do you expect we would pay for more artists, when the reason for the majority of piracy at the moment is to either to avoid paying, to get a digital copy of something you already own or at best "to trial material that you may buy if you like it"? The % of piracy which is committed due to idealistic concerns is almost certainly statistically insignificant.

      Huh. Well I think you hit the nail on the head there. Maybe not in the way you wanted. Why do most people not want to pay for music? Because they know it doesn't go to the artist. When you listen to a song you love, you don't mind supporting the person that brought it into the world. You want to. I know I do, and most people I discuss the topic with do too. Ok, look at churches - some guy talks for a little while and people give him 10% of their income. People don't mind paying for things that they feel feed their hearts, and music does that.

      I have no problem pirating music from big label artists, because the labels aren't really giving me the music. If anything they water the inspiration down and generalize it. A small percentage goes to the artist that really generated the inspiration.

      I would never steal an indie artist's stuff, but I guarantee I'll pirate it. Over and over. I will send it to all my friends, because it gets the word out about that band, and if it wasn't for me they'd have one less fan. Let me clarify: one less potential customer. Every time I interview an artist (I've interviewed a few when I worked for a magazine) they've said "on the record, don't steal my stuff. Off the record download all you want. I just want people to enjoy my music." A lot of the time artists have a philosophy that they would like to share with the world, free or not.

      I WANT to support the person that makes music I love because I want them to make more, and I want to thank them for what they've made that changed my world in a good way. I've actually mailed money to a band that was on a major label because I wanted to support them but I knew their label would swallow all their share if I bought a CD. I want these bands to succeed. I want them to keep making music, and I understand they need support to do so. I'm not the only one.

    165. Re:I hope P.B. win this trial by Anonymous+Brave+Guy · · Score: 0

      How is this different from the current situation where a limited number of corporations are funding a select few artists, then effectively building a marketing haystack around said artists, tranforming all other outlets into the proverbial needle?

      That's an interesting analogy, and a much better argument than I've heard from most around here.

      I think the first key difference is that in this case the corporations actually derive their income from sharing the works. They do not sponsor artists out of charity, but out of an expectation that the works produced by the artist will be sufficiently valuable to generate good returns. This in turn means they are in some sense acting as a meritocracy. Of course, you or I might not personally like the mass-market, low-cost products that tend to dominate the results from such a system, but that's just capitalist economics at work: lots of people do like that stuff, which is why they pay for it, and those of us who might prefer more niche products have to accept that it will cost more for us to sponsor their creation and distribution because the work involved is similar but the market smaller.

      The other key difference is that the Internet itself is something of a meritocracy in this respect: anyone is free to share their work if they wish, and then anyone else is free to enjoy it. If a work has sufficient value, there are plenty of places for it to be discovered and plenty of opportunities to generate lots of income for the artist. If this does not happen for small-time artists but does for big name artists backed by Big Media, and as a consequence many more people enjoy the work of the big name artists, then that is a strong argument for the current system, because it shows that the system is having the intended effect of incentivising the creation and distribution of works.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    166. Re:I hope P.B. win this trial by noidentity · · Score: 1

      Linking to links to illegally-distributed content should also be illegal. So the very mention of P.B. should be illegal as well, including this very posting. Thus, the Internet should be deemed illegal... wait, even offline should be, since it mentions the Internet!!!!!

    167. Re:I hope P.B. win this trial by hamburgler007 · · Score: 1

      1. Copyright infringement by itself is a civil wrong, not a crime. (Many jurisdictions have criminalized things like distributing pirated DVDs or bypassing access controls, but still it is not usually a crime to put a file on a server.) So you cannot be an accessory to a crime here.

      Incorrect, copyright infringement is often a crime. Infringement on TPB is very often a crime, as people downloading are often seeding afterward, which qualifies as redistribution. There are plenty of things available to be downloaded which exceed $1000 as well.

      3. What is legal in one jurisdiction may be infringing copyright in another.

      I'm speaking within the scope of US law, but the above link alone is federal law, which is applied regardless of where you live within the US.

      4. The site is not linking to content they 'know' is illegal. The process is fully automatic and the computer does not know what is illegal and what isn't. The people who 'know' are those who upload the links in the first place.

      With respect to TPB not knowing that the content is illegal, bullshit. The name they choose for their site, and the content they allow, makes their intent very clear (granted they do allow perfectly legal content to be linked as well).
      TPB isn't an instance of a search engine that covers a scope of the internet so broad that it is impossible for some illegal content to make its way in. Rather, it is a search engine that caters to a niche market of making mostly illegal content easily accessible. I don't think anyone reasonably believes that the vast majority of the users of that site are doing anything other than trying to download something that they would otherwise have to pay for.
      And while this is in know way an endorsement of the RIAA (a cabal of scumbags), or of US copyright law (which is seriously flawed in many respects), people do have a right to profit from their intellectual property. I think the vast majority of people also believe that defending the practice of pirating because their are flaws in the system or because the RIAA is an evil entity is utter bullshit; they simply want something without having to pay for it. Worse yet, it makes it more difficult for the small fraction of people who want to distribute their own content legally.
      For those who truly believe that there is a problem that needs to be fixed, there are far better (and legal) alternatives to using a torrent client in an attempt to fix them. Software is too expensive? Don't buy it and try to find an open source alternative. Don't want to support the recording industry? Don't buy the media, try listening to it on the radio, watching it on tv, accessing it through the publisher on the internet, etc. Think copyright law is fucked? Petition your community and congress.

    168. Re:I hope P.B. win this trial by Afforess · · Score: 1

      No, aiding others is illegal too. It makes you an accomplice or accessory to the crime.

      --
      If our elected representatives no longer represent us, do we still live in a Democracy?
    169. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      My an accessory???

    170. Re:I hope P.B. win this trial by steelneck · · Score: 1

      Exaktly, the Betamax all over again. If the court upholds the law, TPB will go free. If the court do not uphold the law (sic), much worse things will come down the road when makers of general tools can be convicted of contribution to copyright infringiment. It is huge. Makers of most electronic goods around the world will be affected and maybe forced to close down if they refuse to pay the masters of MPAA and friends. Very few people have understood this, and certainly not the lawyers involved in this political trial, they think it is about filesharing.

    171. Re:I hope P.B. win this trial by orasio · · Score: 2, Insightful

      You make "willingly aiding copyright infringement" sound like they're a bunch of pedophiles.

      I mostly agree with your point, but I just wanted to point out that most pedophiles are not criminals. Pederasty is a crime. Pedophilia is just an ugly sexual preference, but doesn't involve actually having sex with children. It's not the same to have sexual attraction for children, than to actually do it, or take pictures of naked kids. The _doing_ part is important.

      Lots of people like seeing people kill each other in movies. That doesn't make them criminals. If they actually did it, or made people kill each other for their enjoyment, they would be criminals.

    172. Re:I hope P.B. win this trial by ukemike · · Score: 1

      Even more so if those bootleg vendors were hidden and could only be found via the free maps you were handing out. I hate to say it but if you buy the premise that copyright infringement is wrong, then what the PB does is wrong as well.

      There will have to be some legal line developed where a casual link, such as a single link in a blog or news story that isn't the primary path to a site engaged in illegal activity is okay but organized linking for the purpose of aiding illegal activity is not okay.

      I wish I had more faith in the courts to find that line quickly and fairly.

      I think most of us would agree that sending out a spam linking to a site that will zombie your PC should be illegal. But the arguments of PB supporters would say that "no only the site with the malware is illegal, the link is just an innocent link." In my thinking the spam should be illegal 1) because it is spam, and 2) because it aids and abets malware.

      --
      -- QED
    173. Re:I hope P.B. win this trial by ukemike · · Score: 1

      Notice how you used the word "selling"? That's important. It makes a difference.

      It doesn't make a difference and it's not important. The clearly illegal act is 'distribution.' Distribution does require the exchange of money. The question to me is, "is PB aiding and abetting?" I don't know if that's the approach of the persecution... I mean prosecution.

      --
      -- QED
    174. Re:I hope P.B. win this trial by chiguy · · Score: 1

      Copying, on the other hand is absolutely natural. There was no concept of copyright until printing became semi-widely available, and it was originally meant to protect a select few who could afford a printing machine from each other.

      I never thought about this angle, that copying is natural.

      Your argument is something of a tautology, because you're saying there was no concept of copyright until it became easy to copy works on a large scale. Of course, just like there were no concepts of 55 miles/hour speed limits until vehicles could exceed 55 miles/hour.

      There also needs to be governments. Previously, there may not have been adequate government.

      You also need the governments to agree. As with China/India in modern times, if governments can't agree, then this law is ineffective. For example, it's legal to make as many copies of Mickey hats in China as you want, you just can't sell them in the US. But you can sell them anywhere that doesn't care about US copyright law.

      --
      passetspike!
    175. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      > I'd like to see that survey. I have this odd suspicion that if you asked that question, "Would you prefer to pay for music and movies, or would you rather download them for free?" you would have a pretty lopsided result and it would not bear out your statement.

      Way to go! When you ask people 'Do you want X for free, or do you want to pay?' many people, especially younger people between the ages 14 and 25 who do not yet have a good income, will prefer X to be free! +5 insightful for you.

    176. Re:I hope P.B. win this trial by orasio · · Score: 2, Interesting

      If you believe in capitalism, then music will never cease existing. There might come a time when most people just won't pay for music, and I could imagine a very unlikely scenario where artists take other jobs because making music doesn't pay enough. If the amount of creative works already made, plus the ones made for free are not enough, and people have the need for newer music, they will pay for it, somehow. Even if after paying for the new music it becomes free.
      If people really want new music, someone will finance it.

      In my opinion, it's all nonsense. Copyright is not good for people, so it just should not exist.
      And all my works are "protected" by copyright, but I would rather not have copyright at all. There are lots of ways I can make a living, without copyright, and I think all producers of copyrightable works can, also.

    177. Re:I hope P.B. win this trial by ukemike · · Score: 1

      You make "willingly aiding copyright infringement" sound like they're a bunch of pedophiles. Now go ahead and tell me that all the music to listen to came from a store.

      Just because something is illegal doesn't make it equivalent to something morally reprehensible and foul like child abuse.

      I'd say that if you accept that copyright infringement is wrong then what the PB does is wrong as well because thier activities are not incidental they are part and parcel of the infringement. All of my music did not come from the store. Most of it did, but certainly not all. I speed as well. So what. You're attacking the messenger, and that's a logical fallacy. Bad debater - go to your room.

      --
      -- QED
    178. Re:I hope P.B. win this trial by T+Murphy · · Score: 1

      Unless you're trying to be funny your argument makes no sense. "Murderers' Row" does not have ambiguous meaning in its context- you clearly have no issues understanding it doesn't mean actual murderers; similarly TPB does not have ambiguous meaning in its context- it clearly is advertising the fact that they are involved in piracy. Stating otherwise is bringing it out of context.

    179. Re:I hope P.B. win this trial by Ant+P. · · Score: 1

      They don't just host a few links, they celebrate the idea of "illegal" downloads.

      Define "legal".

      Define it in a way that demonizes this sharing of culture, bearing in mind that since you're trying to claim moral high ground, you have to word your definition to avoid including various atrocities committed by dictators in the last century, people who write the law.

      Go on, I dare you.

    180. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      copyright infringement is a civil matter - NOT A CRIMINAL OFFENSE. Linking to content that may or may not be legal is CERTAINLY NOT A CRIME. For such an act to be criminal, first, copyright infringement would have to become a criminal offense, and second, it would have to be proven that you knowingly and intentionally committed the offense. Linking to content is acceptable. CLAIMING that content as your own would be unacceptable. That is what copyright is all about. Or, to be more accurate, attempting to PROFIT from the content without the owner's permission would be wrong. Still, that would be a civil matter, not criminal. So long as some people see file sharing as a crime, it will be impossible to arrive at a reasonable solution to the problem.

    181. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Questionable Content, one of my favorite web comics! It was nice of you to mention it, but I'm not quite sure what it has to do with TBP.

    182. Re:I hope P.B. win this trial by Alinabi · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      The content is not illegal. If it were, you could not buy Kung Fu Panda on DVD either.

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    183. Re:I hope P.B. win this trial by Steemers · · Score: 1

      Thats nice, are we slashdotting random cute kittens now? What did that kitten ever do to you?

    184. Re:I hope P.B. win this trial by ukemike · · Score: 1

      the arguments are almost always founded on the basic premise that people 'want' to pay, and any argument based on such a naive foundation isn't going to cut it.

      Bingo! Which is why I am so thrilled at the emergence of things like Hulu.com and netflix watchnow. I can watch my favorite shows (many of them) and I don't have to have TV service. Actually now that I thnk about it, Netflix has a very comprehensive collection of movies/tv shows available for delivery within a day or two of placing your "order" and for a very reasonable subscription fee. On the music side, iTunes and amazon and things like pandora offer fair prices for most music. I'd argue that a few very serviceable models for paying for your content now exist. If you're still downloading unauthorized copies at this point then you have only weak and crumbling moral high ground to stand on.

      --
      -- QED
    185. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0
    186. Re:I hope P.B. win this trial by Kijori · · Score: 2, Insightful

      Legality isn't about demonizing - it isn't about morality at all, although morals undoubtedly play a part in the creation of laws. The law is about having an agreed minimum standard that people must adhere to. While there are stupid laws on the books, the basic idea is pure: there are certain behavious that we must prohibit in order to maintain the sort of society we want to live in.

      The downloads are illegal (and I put that in quotation marks the first time because legality obviously depends on your location) because the law supports a system of copyrights and makes it a crime to bypass them. It has nothing to do with "atrocities committed by dictators", and to be perfectly honest I don't really follow your train of thought on that one. "Illegal downloads" are illegal because of a recognition that if someone has created a work of art and put it up for sale, making yourself a free copy because you don't want to pay for it is unjust.

      And to be perfectly honest, the whole question of defining illegality is really a distraction from the question at hand. Whatever your objection is to my use of the word "illegal" (and I would be interested, by the way, in knowing what it is), the fact remains that the downloads are illegal in most countries, including Sweden, where TPB is based. Your combative challenge is, at best, one of lexicon, since at the end of the day the downloads are illegal, whether you like it or not.

    187. Re:I hope P.B. win this trial by guyminuslife · · Score: 1

      I don't agree with that analogy.

      It's more like, they own a piece of real estate, and they license it out to street vendors who sell bootlegs. Are they actually sitting out there with the one-legged guy (Sancho) and the monkey (Senor Mono) selling low-quality Lord of the Rings DVDs? No, but Sancho and Senor Mono are part of their business plan; the black market is how they make their money, and whether or not they're actually selling DVDs, they're clearly complicit.

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    188. Re:I hope P.B. win this trial by pance · · Score: 1

      Maybe a good protest or support for pirate bay's case would be to get a campaign going to get people to link to The Pirate Bay on their website.

    189. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Let's see....

      The NET, is international. As such, physical boundaries, which copyright has been based around, now become obsolete. Efforts have been made to adjust copyright so it extends beyond those previous physical boundaries, but now you have to account for other countries copyright laws. Which, is a problem, since most countries copyright laws AREN'T the same as yours.

      Since the Internet and the transfer of data blew up fairly fast, the Industries who main income revolves around copyright, and the restriction of that infringement, now have to play catch up since they didn't alter their business model to utilize the Internet.

      So, rather than adjust their business model to the informatin age, something that would require them to release an information powerhold that they would likely never get back, they use all legal, and legislative means, both nationally and internationally, to stop what has become the natural order of information sharing on the Internet. I.e., copyright infringement, or 'pirating' of music/movies, data.

      The question here is, and what the PirateBay is on trial for is, to what degree in the link chain, are you guilty of copyright infringement? Is providing links to net locations where you can infringe on copyrighted data constitute infringement?

      Ultimately, this is an ideological battle over boundary, and the Internet. You have those who want their copyright to be upheld regardless of physical location and nation law, something that interferes with International law, then you have those who infringe copyrighted data from almost every nation that has an internet connection, ignoring the concept of nation, since it really doesn't ~exist 'on the net'.

      The question here is, where do you stand on the rule of copyright, and to what degree online, should it be protected? Are you going to sanction 3rd world countries because they 'infringe' copyrighted data? Are you going to bankrupt families in 1st world countries because they copied or distributed some songs/movies online that legally they weren't allowed to do, something which in and of itself can take only a matter of seconds or minutes to do?

      The reality is I can undermine the music and movie industries copyrights in a matter of seconds, or minutes. Should something so arbitrarily easy to do be upheld because of these industries lack of willingness to evolve in the Information age?

    190. Re:I hope P.B. win this trial by Ithelrand · · Score: 1

      It is starting to look like media sharing is the cannibalism of the new millennium.

      Is that what you meant?

    191. Re:I hope P.B. win this trial by Miseph · · Score: 1

      No, he is actively infringing by distributing unlicensed copyrighted materials. TPB isn't the guy selling DVDs on the corner, they're a post board for those guys to announce their wares. If you want to argue against TPB, then argue against that post board.

      --
      Try not to take me more seriously than I take myself.
    192. Re:I hope P.B. win this trial by smoker2 · · Score: 1

      Excellent post.

      For my own part, I have two impressions of the current media situation as regarding bitorrent.
      Firstly, it isn't really that long ago that the artists, originally jesters, rode around in horse drawn wagons from town to town flogging themselves for a living. Then recordings were invented and suddenly they had it relatively easy. Now the internet has arrived the pendulum has swung back in the other direction. Recordings are worth less in real terms because they are not rare or controllable. Everybody with a pc can record and distribute with ease. Should we legislate in favour of the buggy whip manufacturer ?

      Secondly, the majority of the western (and probably the eastern) public seem to get their kicks from watching TV, listening to music, watching movies all in the comfort of their own home. They have been trained to consume this stuff, mostly to the detriment of local society. In the meantime, a bunch of "celebrities" are influencing the minds of every new generation. The tv industry has been a wet dream for advertisers, governments and public speakers for over 60 years. All those groups have an interest in influencing your behaviour in favour of their product, so when they see control being wrested from them they naturally fight back.

      Ironically, when you consider the fact that we have been trained to be good consumers and capitalists, surely the public is 'making daddy proud' by getting pretty much the same quality of goods, for the lowest price possible !
      Ha !

    193. Re:I hope P.B. win this trial by hamburgler007 · · Score: 1

      TPB is as much a politcal party as the church of scientology is a church.

    194. Re:I hope P.B. win this trial by retchdog · · Score: 1

      "Questionable Content" is "For Better or For Worse" for indie kids. Except with much less character development, and slightly more boobies.

      --
      "They were pure niggers." – Noam Chomsky
    195. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      You gotta love slashdot logic. People who want to ban guns (because an extreme minority of guns are used for illegal purposes) don't want to ban p2p (because an extreme minority of transfers are used for legal purposes).

    196. Re:I hope P.B. win this trial by Eil · · Score: 1

      why is there this preconception that linking to content that you know full well is illegal, is acceptable?

      Why do you have this preconception that information can, in and of itself, be considered "illegal"? I honestly can't think of a more fascist tenet or idea than that.

    197. Re:I hope P.B. win this trial by Xest · · Score: 1

      Because the media hosted elsewhere may be illegal in your country, but not illegal elsewhere.

      As such, there is a valid reason not to host it yourself (because you have to adhere to local laws) but a valid reason to link to a host where it is legal (because you belive local laws are unacceptable, or because you're catering to a global audience).

      Furthermore, making it illegal to link to illegal content puts a massive burden on sites that allow users to post links as it means they are suddently responsible for illegal content on their site, something which is very costly to manage take down notices for and which could hence kill startups.

      Google for example links to some illegal content, but it has the man power to process take downs, other sites will likely not.

    198. Re:I hope P.B. win this trial by Cheapy · · Score: 1

      Well said.

      --
      Would you kindly mod me +1 insightful?
    199. Re:I hope P.B. win this trial by Paradise+Pete · · Score: 1
      Your argument seems to be centered around the notion that by far the most important thing is that the artists get paid as much as they possibly can, and that trumps everything else. But the cost for that is very dear.

      Short-term, there is no doubt that the world would be markedly better if all works were freely available to everyone. Longer term, the issue is giving artists incentive to create. Current copyright laws do a poor job of addressing that need. Life + 70 years serves only to allow the old cows to continue to be milked. It sparks no creativity and perhaps even stifles it.

    200. Re:I hope P.B. win this trial by Celc · · Score: 1

      1) People have been pirating computer games on a large scale since the early 80ies. If you haven't been able to make a buck before, you never will.

      Funny you should say that my experiences are the opposite. Back in the day before the average Joes had Internet and CD Burners, it was quite easy to sell pirated CDs. Although back then the burner cost 100s of dollars and the CDs a few bucks each, so there was an inherent cost in reproduction.

      Nowadays its almost impossible simply because even computer illiterate people can burn DVDs and download music.

      At least that's the shift I've observed.

    201. Re:I hope P.B. win this trial by icebraining · · Score: 1

      Yeah, that makes sense, with all that people being killed by eMule and uTorrent. Oh wait...

      No, it's guns that kill people, including one children a day, according to the NRA (which are socialist monsters, I believe).

    202. Re:I hope P.B. win this trial by icebraining · · Score: 1

      What, your local bootleggers only sell links to content? Mine sell the content itself.

    203. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Which book is that? "Morality for Idiots"?

    204. Re:I hope P.B. win this trial by jnork · · Score: 2, Insightful

      It's called "The Pirate Bay". That is a clear expression of an intent to index material related to piracy.

      Since most of the torrents on TPB have nothing to do with buccaneers, they are clearly using the word in the "copyright infringement" sense.

      Balderdash. It's an indexing service; TPB provides the service, and the clients decide how to use it. You cannot conclude TPB's intent from how its clients use it. Well, YOU obviously can, since you have, but it's a highly suspect conclusion.

      It may be a correct one, but you should find another logic chain to support it, because that one is missing a few links. Like, all the links between the premise and the conclusion.

      Likewise if you want to argue that bittorrent itself was intended for stealing software.

      --
      Cleverly disguised as a responsible adult.
    205. Re:I hope P.B. win this trial by haeger · · Score: 1

      Most of the time there is some revenue collected; even in the TPB case, with ads.

      Sooo, if TPB is guilty of enabling users to download copyrighted content, why aren't the advertisers guilty of enabling TPB to continue their operation? Will the advertisers be next? It would seem fair to me.

      --
      You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
    206. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0
    207. Re:I hope P.B. win this trial by icebraining · · Score: 1

      Google and rapidshare aids a lot of people on sharing copyrighted stuff. Does that make them accessory to a crime? Do you want to ban every search engine and file uploading website?

    208. Re:I hope P.B. win this trial by The_mad_linguist · · Score: 1

      The good argument is that if you can't amortize the cost of making the work in the first place over a large number of sales, you go back to the old patronage model of yestercentury, where a lot of things only get made if one very rich patron chooses to fund them, and then that patron is the only person who gets to choose who can enjoy them.

      Which is exactly how Tarn Adams is able to support himself and his brother entirely from donations given by users of his freeware game, Dwarf Fortress.

      Oh, wait a second... he doesn't HAVE a wealthy patron. How silly of me.

    209. Re:I hope P.B. win this trial by BronsCon · · Score: 1

      Hardly any of the content being traded over P2P and attracting the attention of Big Media is anywhere near running out of copyright, even on the original terms of just a few years.

      That may be because, while I'm downloading my favorite 80's hits (which should now be public domain), I figure I may as well download the song I just heard on the radio, since I'm already committing copyright infringement, anyway.

      Will my liability be reduced simply because the content is old enough to no longer be protected by old copyright law? No, it's protected by current copyright law, just as content created last week is protected by current copyright law.

      If copyright law was worded such that the laws in effect on the date of creation are the laws that apply to the work, my 80's favorites would be a legal download and I might be less inclined to download more recent works, since I haven't already crossed that line.

      I'll respond to your other points in separate posts, once I've read them. This pretty much stands on its own.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    210. Re:I hope P.B. win this trial by forkazoo · · Score: 1

      The overwhelming majority of their content consists of links whose only use is downloading non-free software for free. If you don't like my "linux test" try some other tests. Look at the "top 100". Every single download is a copyright violation. Look at their top 100 applications - every single one is a copyright violation. Look at their top 100 UNIX applications - a category in which plenty of free software is legitimitely distributed by bittorrent - and still over 50% of it is links to free downloads of paid software.

      Sue, you can use Pirate Bay to find a lot of stuff which is not licensed for public distribution. But, your searches also demonstrate that there are non infringing uses. So, your solution is to destroy something which has legitimate uses, to the detriment of the people using it in a perfectly legitimate way? Just because some 13 year olds will download software they won't bother to learn, and wouldn't have bothered to purchase?

      I'm a content producer. I'm currently in production (Was supposed to shoot today, but we had camera problems) of the first episode of an online web video series. I plan to pursue bit torrent based distribution for it. You want to shut down a resource I consider extremely useful for the benefit of established companies. What makes them more important than me? Because, if you side with the big guys and their ability to hurt things like Pirate Bay, you side against the little guys who see how to use it, and want to create content they otherwise wouldn't have an effective way to distribute.

    211. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      I see many links uploaded to my site that appear to point to illegally distributed content, but if I checked and they indeed were illegal content I would become a criminal.
      Thus I have no choice but wait for law enforcement to check and inform me of the legality or lack thereof of the content such links point to.
      Finally, Google links to illegal content as well, will you take them down?

    212. Re:I hope P.B. win this trial by BronsCon · · Score: 1

      Given the fact that the vast majority of the population that can copy, do copy, particularly in the third world, it's pretty clear where the bias is here.

      Emphasis mine.

      Given the fact that the vast majority of the population that can't pay, doesn't pay, particularly in the third world, it's pretty clear where the bias is here.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    213. Re:I hope P.B. win this trial by aliquis · · Score: 1

      I doubt they will win if people will listen to these morons saying we may get kicked out of the WHO and EU or be fined because we don't accept copyright laws. But the damn thing isn't about copyright, more than if anything see if TPB breaks them (or are accessories in breaking them), and on the first point they obviously is not.

      Sure if they copied things themself it would be another thing, but they aren't (or well, atleast not officially and it's not what the trial is about.)

    214. Re:I hope P.B. win this trial by aliquis · · Score: 1

      The best PR trick would had been if TPB had actually put a ship in whatever harbor in Stockholm. Guess they may be too hard to come by, but it would still had been a nice touch :D

    215. Re:I hope P.B. win this trial by aliquis · · Score: 1

      Also if you aren't going to use it for illegal reasons, hunting or shooting for sport wtf do you need the gun for?

      Why do you really need whatever gun not a rifle?

      Though in my opinion your shouldn't hunt either and I'm just fine with people killing hunters but I guess that part is to extreme for some.

    216. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      If a democratic country is being ruled an oligarchy, what recourse do people have but defiance of laws that are used to exploit the many for the benefit of the few. This is only a money issue when discussing videos, audio, in health care copyrights are abused and this harms people. Besides anarchy is not likely to erupt from people ignoring copyrights. It is also the responsibility of the individual to reject the tenants of civilization if they are immoral. The RIAA scare tactics and wasted efforts at DRM don't justify the theft that has taken place. I have a hard time valuing this theft in millions of dollars, these artists and studios overestimate their worth.

    217. Re:I hope P.B. win this trial by TheMuon · · Score: 1

      Perhaps not in the US but it may be in Sweeden. We shall see.

    218. Re:I hope P.B. win this trial by PopeRatzo · · Score: 2, Insightful

      is inarguably involved in copyright infringement

      No, it's not.

      TPB is involved in copyright infringement the same way that the US Post Office is "involved" in letter bombings.

      --
      You are welcome on my lawn.
    219. Re:I hope P.B. win this trial by PopeRatzo · · Score: 1

      I'm willing to bet that a year from now, TPB is still going strong.

      And I'll make the same bet going out to 2012 if anyone's interested.

      --
      You are welcome on my lawn.
    220. Re:I hope P.B. win this trial by bit01 · · Score: 1

      Given the fact that the vast majority of the population that can't pay, doesn't pay, particularly in the third world, it's pretty clear where the bias is here.

      Doesn't change the fact that the majority of the population the first world pirate. I hope you're not going to claim the majority of people in the first world can't pay? The third world is just a more extreme example. The GP was dishonestly claiming that most people support copyright. That's biased and you're biased for not recognizing that.

      Most people, when they think about copyright at all, have complex ideas that the law doesn't reflect at all. They certainly don't allow the law to interfere with sharing with their friends.

      ---

      Adopt an astroturfer. Make their life hell.

    221. Re:I hope P.B. win this trial by BronsCon · · Score: 1

      How am I biased? I didn't read the post you quoted, I only read the part of it that you did quote. There was nothing in what you quoted "claiming that most people support copyright."

      Further, I was adding a why to your what. The majority of the world is the third world. The majority of the world can copy and do copy because they can't pay.

      Read my other posts and you'll very quickly find that I make points on both sides of the argument. That's the very antithesis of bias.

      I can copy. I do copy. I can't afford to pay for the content I copy, because I have bills to pay first.

      Some would say that, because I can't afford to pay for it, I should simply go without. Perhaps I should.

      Do the artists, labels, or retailers make more or less if I go without? No. All that happens if I go without is that my life is less enriched and I harbor ill will toward those who insist that I should suffer when I could get ahead at no cost to anyone, simply because they cannot profit from my enjoyment.

      You know what? You can't profit from my suffering, either. You can't profit either way, so, given the choice between suffering and enjoying something, I will chose enjoyment.

      Every. Single. Time.

      It's not hurting anyone if I download music and movies I can't afford to purchase. Literally nobody is being deprived of anything. In fact, the longer I can get on with this without being sued, the more purchases I make as I am financially capable of doing so based on my downloads.

      Which leads me back to my point, those who can't pay, don't pay.

      Even if I could afford to pay for everything I want, I would still download. Why? I end up not wanting a lot of what I download and I flat-out refuse to pay for what I do not want. I would download what I might want, buy what I do want, and delete what I do not want.

      Would I download less if I could pay for content? No. Would I pay for more? Yes.

      Something tells me the vast majority feels the same way.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    222. Re:I hope P.B. win this trial by Xenographic · · Score: 1

      > Just a quibble, the elected government of Sweden has every right to "change the rules", pretty much whenever they want.

      The thing about that is that most of the people in Sweden don't seem to want this. Only the politicians are in favor of it, and they're not eager to listen to the people. Even though the Pirate Party has quite a few members for a single-issue party.

    223. Re:I hope P.B. win this trial by bit01 · · Score: 1

      Fair enough, sounds like we're talking a little at cross purposes.

    224. Re:I hope P.B. win this trial by HeadlessNotAHorseman · · Score: 1

      >5. If a page linking to illegal material is itself illegal, then so >is a page linking to that page, and so on. Almost the whole Web would be illegal. As a safety mechanism, I made sure that my website doesn't have any links to any other websites, and no websites link to mine.

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
    225. Re:I hope P.B. win this trial by HeadlessNotAHorseman · · Score: 1

      Just because it is not legal for you, does not mean it is not legal for someone else. Let's say I buy a cd. The cd player in my computer is broken and I can't afford to have it repaired. So I download a torrent of the cd. Voila! I have paid for the cd, but I can still listen to it on my computer.

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
    226. Re:I hope P.B. win this trial by Arancaytar · · Score: 1

      > It might make media realise that we have separate countries for a reason

      It would be high time for them to realize there are different countries at all. But I guess they'll get the hint when they try to listen in on the broadcast and find out that they do not understand Swedish. :P

    227. Re:I hope P.B. win this trial by Arancaytar · · Score: 1

      it may be illegal to have links to questionable content.

      Welcome to my world. This is how things are in Germany. Hyperlinks make you liable for the content you link to.

      And yes, it is as ridiculous as it sounds. -_-

    228. Re:I hope P.B. win this trial by halcyon1234 · · Score: 1

      No where on Earth is it "all or nothing" my friend.

      There's 10 types of people in the world...

    229. Re:I hope P.B. win this trial by Raenex · · Score: 1

      Outside of selling t-shirts and other swag to help with their legal costs, the last time I noticed, I didn't have to give a credit card number to use TPB.

      They also advertise. If you think they aren't in it for profits, ask them for details on their finances. You know, basic stuff like expenses and revenue. Funding and business ownership. Offshore accounts and unpaid taxes. They're very cagey about these details. I imagine some of this might come out in the trial.

    230. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Just because you know where a crack house is, you "know that it's illegal" and you can point someone there if they ask about it, does that make you a criminal?
      If you tell someone about a friend who knows electronics and *may* be able to make them a cable converter, are you a criminal?
      Knowledge of the potential of someone committing a crime does not make you a criminal and never will.

    231. Re:I hope P.B. win this trial by BronsCon · · Score: 1

      Howso? I'm agreeing that the majority who can copy, do copy. I never refuted that. I even go so far as to say, if I could afford to buy everything I download, I would not and I would download just as much as I do no.

      I further posit that the majority of the population are of similar mind on this matter.

      We all understand that artists entertain us for a living. We all understand that, if they can no longer make a living doing so, they will make a living doing something else. We all understand that, by withholding payment for their work impedes their ability to make a living.

      Those of us who find value in said work understand, then, why it is important to compensate artists appropriately, whenever possible.

      Those artists who work to entertain understand, as well, why some people obtain their work without compensation.

      I'm speaking from the point of view of an artist; perhaps that's why you believe us to be at cross purposes.

      We're not.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    232. Re:I hope P.B. win this trial by Shauni · · Score: 1

      The US Postal service postal service does not encourage people to send bombs to other people. Try another analogy.

    233. Re:I hope P.B. win this trial by barberousse · · Score: 1

      Stockholm already have an old (17th century) warship near the harbour. Look at the Vasa museum.

    234. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      "General consensus" usually means surveying everybody, not a particular demographic.

    235. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      I wish people would stop making up total BS. Copyright is not censorship, you insensitive clod! Its true intention is to protect authors, and this does not change by the misuse with MPAA/RIAA.

    236. Re:I hope P.B. win this trial by Hybrid-brain · · Score: 1

      How about we throw in a few things from the Bremuda Triangle? That might be cooler.

      --
      Five words describe me on a normal day. two words describe me the rest of the time. can you guess?
    237. Re:I hope P.B. win this trial by Hybrid-brain · · Score: 1

      How is it wrong? You do realize that there are a lot of people right now who would use those links to download stuff, because A) we are in a downturning economy right now and B) a lot of people don't have enough money to go out and buy those things. so in the long run, is it bad and hurtful to use limewire or bittorrents and download that stuff? Yes, if you're a "starving" artist who won't get any royalty for it. No, if you're someone who doesn't want to see the rich getting richer while the poor get a whole lot poorer. Because frankly, those sites like Pirate Bay and others, they currently are what will save our ecomomy and have people stop worrying about things. In essence, the RIAA and MPAA and others are like the Puritans, only in the sense of the less moral and ethical sense. The torrenters and site owners who provide this stuff are like the happy go lucky people of Merry Mount New England, they want us to enjoy life and don't want us to bemoan the fact that the "puritans" are trying to control and censure us. Okay, done. btw. I'm a lit major. so if you're wondering where the lit rant came from, it was that.

      --
      Five words describe me on a normal day. two words describe me the rest of the time. can you guess?
    238. Re:I hope P.B. win this trial by Hybrid-brain · · Score: 1

      I want to point out that the choice between spending a couple thousand a year vs downloading for free off the internet might make a difference if you're A) poor B) someone who doesn't make a lot of money or C) broke. (though A and C might go hand in hand) I see nothing wrong with Limewire and Pirate Bay and BitTorrents and whatnot. It's the fault of the media moguls and the artists who complain because they don't get a cent or two off the property. They're rich anyway, why are they complaining, because they didn't get a couple of dollars? If you're a poor college student as well, I see nothing wrong with it, it's a way around the system.

      --
      Five words describe me on a normal day. two words describe me the rest of the time. can you guess?
    239. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Your right, the correct market reaction to piracy is to produce more product at lower quality and lower cost with more product placement in the content.

    240. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      But what if you took money from ad revenue.
      The ads are there because you are walking them to the persons house who sells the illegal stuff.

      A lot of turning the blind eye and being naive seems to go a long way around here sometimes.

      I would be more impressed by the Swedish people if they could turn up their creativity factor and produce some good movies/music/games, rather than trying to bend laws so they can setup a 'leech economy' and feed off the US/UK's creative work.

      Prove that your system of 'free' can continually support itself and provide quality material, not by letting others do all the hard work and ride the coat tails.

    241. Re:I hope P.B. win this trial by sponga · · Score: 1

      You really cannot be that naive, can you?

      Have you ever been to the site without adblock enabled?
      You know because all those ads at the bottom are the page are there for free and they don't make any money off of them.

      Hey what do you know, adultfriendfinder.com is at the bottom.

      ADS = CREDIT CARD

      +5 insightful?

    242. Re:I hope P.B. win this trial by aliquis · · Score: 1

      I doubt they let Anakata take command over it, brand it and put it at sea though? Though, since when do he care? ;D

    243. Re:I hope P.B. win this trial by shutdown+-p+now · · Score: 1

      To claim, like the grand-grandparent did, that the name suggests intent requires an unambiguous name, or a unambiguous context. As neither name or context is in one of the possible unambiguous forms, no conclusion can be drawn as to the actual meaning or intent.

      Oh, c'mon! You can play dumb and pretend that you don't understand the meaning of "pirate" in The Pirate Bay, but you know what it means, and I know what it means, and everyone else using it knows what it means; and a judge will know that you know, too, and won't be amused in the slightest.

    244. Re:I hope P.B. win this trial by shutdown+-p+now · · Score: 1

      There are a lot of people ready do do it for free. If you only do it for the money, and your business model requires you to get paid every time someone copies your game and demand censorship of the internet because of this idea, then I think you're crazy.

      If you think that there are people ready and able to do the likes of Doom (the original one back when it was released), or Fallout, or Half-Life, or StarCraft, or Diablo, or Elder Scrolls, or Left 4 Dead, for free - without relying on a business model that "requires you to get paid every time someone copies your game" - then I'd like to see those people. Better yet, I'd like to see any of the games they make.

      So far all I've seen is stuff like Battle for Wesnoth, which - sorry for the hurt feelings, but I'll be frank here - doesn't have anything to offer in terms of gameplay over a dozen old games from the same genre, and with graphics that would've looked dated back in 1998...

    245. Re:I hope P.B. win this trial by mrchaotica · · Score: 1

      I never thought about this angle, that copying is natural.

      It makes me very hopeful to hear this!

      I think quite a lot of the popular support for "fighting piracy" and whatnot comes from people like you, who'd never really thought about it before. They just hear "copyright" and think it's actually a Right, or they hear "intellectual property" and think it's actually property.

      The reality, of course, is just the opposite: copyright is actually nothing more than a tool created by the government for the purpose of enriching the Public Domain. "Intellectual Property" is a meaningless conglomeration of disparate concepts (patents, trademarks, copyrights, and trade secrets -- none of which have anything significant in common with each other) used as a rhetorical tool to appeal to the public's respect for genuine property rights.

      I urge you to think about this some more, because it sounds like you're right on the edge of your epiphany (but that it hasn't quite happened yet). In particular, consider the clause of the Constitution that authorizes copyright:

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

      Ask yourself these questions:

      • Since copyright is "for limited times," how could it be a property right? Can property "expire?"
      • What was the explicit stated purpose of this clause?
      • Do things like DRM and "life of the author plus 50 years" terms serve that purpose?
      • Who is more important, authors or society as a whole?
      --

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

    246. Re:I hope P.B. win this trial by mrchaotica · · Score: 1

      That's not enough. Merely posting something to the Internet, even if you're the copyright holder, doesn't necessarily give everybody else permission to download it.

      In fact, nothing in either copyright law itself or the Slashdot Terms of Service gave you the right to download (and therefore copy) this message. Therefore, you have infringed my copyright by reading this. You're just lucky I'm not inclined to sue you.

      The Internet itself is fundamentally incompatible with copyright, as it stands today. We can either fix copyright law or dismantle the entire Internet, and I, for one, prefer the former!

      --

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

    247. Re:I hope P.B. win this trial by mrchaotica · · Score: 1

      Since most of the torrents on TPB have nothing to do with buccaneers, they are clearly using the word in the "copyright infringement" sense.

      No, since most of the torrents on TPB have nothing to do with buccaneers, they clearly named their site poorly! Sort of like how Amazon.com has very little to do with the South American river, etc.

      Picking a silly name is not a crime. : P

      --

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

    248. Re:I hope P.B. win this trial by mrchaotica · · Score: 1

      The evidence for this is that the majority of the content [on Google] appears to be legal

      O RLY? Fine then, show me your license for every webpage in your browser's cache. Unless you have that, then for all you know they were all illegal too! And the mere fact that it was available means nothing; the stuff on The Pirate Bay is available too. Whether it was authorized or not is something neither Google nor TPB gives you any evidence of whatsoever.

      --

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

    249. Re:I hope P.B. win this trial by Anonymous+Brave+Guy · · Score: 1

      Do you actually have any evidence beyond wishful thinking to support such a claim?

      Or are you just hoping that if you state it as fact often enough with a sympathetic audience on Slashdot, it will become true?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    250. Re:I hope P.B. win this trial by pipatron · · Score: 1

      No. If my boss wouldn't pay me, I would probably not come to work. I might for a while, because it's quite fun, but eventually I would need to find some means to support myself. Just like the OP. Nothing of this contradicts what I originally wrote.

      --
      c++; /* this makes c bigger but returns the old value */
    251. Re:I hope P.B. win this trial by Anonymous+Brave+Guy · · Score: 1

      Your argument for effective alternatives to patronage and copyright is that one person has received a little over 1,000 donations for an alpha-level ASCII-art game over the course of several years?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    252. Re:I hope P.B. win this trial by Kijori · · Score: 1

      That's why I put illegal in quotation marks (and tried to avoid it with some hideous circumlocutions elsewhere!) - legality, as I said elsewhere, is location dependent.

      That said, a few things come to mind. First of all, while what you describe might be fair, it is in fact illegal in many - if not most - jurisdictions. Secondly, even if it's legal, I can't believe uses like that represent more than a minuscule proportion of TPB's users. And finally, this use is illegal in Sweden, where TPB is based. Most things are legal somewhere - but that's not hugely relevant.

      On something of a tangent, can we please stop with these contrived examples? I'm sure you can think of lots of situations that would "force" you to download music - stranded in Antarctica perhaps, or your house being surrounded by 27 armed anti-CD ninjas. But at the end of the day they are just contrived examples. I find it difficult to believe, for example, that anyone has ever gone out to buy a CD that they wanted to play on their computer, then got home, smacked their forehead and shouted "D'oh! I don't have a CD drive! Whatever shall I do?!?". The whole thing reminds me of what my self-defense instructor called "27 ninja questions" - questions designed to create a situation in which the instructor is forced to say that extreme violence would be acceptable, so that the student can then justify his own, un-acceptable violence later.

    253. Re:I hope P.B. win this trial by trytoguess · · Score: 1

      So, you covered musicians, and I imagine it could work for some of them. Now what about some of the others copyright deals with. What is the programmers equivalent to a concert? What about people who make movies, games, books? People that can only sell their finished products, not resell it in another fashion?

    254. Re:I hope P.B. win this trial by Kijori · · Score: 1

      You want to shut down a resource I consider extremely useful for the benefit of established companies.

      I think you've missed the point a little. The Pirate Bay isn't a useful resource to you - I've been almost exactly where you are, and I can promise you it's not. Why? Because The Pirate Bay is a search engine oriented entirely toward getting what you want without paying for it. If your series is free, The Pirate Bay isn't going to get you any traffic - that's just not its demographic. It's why, when there's a wide variety of open-source software distributed legitimately by Bittorrent, searching for "open source" finds cracked copies of Microsoft Office. There are lots of other Bittorrent search engines that are used by people who will have an interest in what you produce - but this one isn't it.

      Secondly, the fact that there are legitimate uses for The Pirate Bay doesn't change the fact that their "business model" is to help people find copyrighted, paid material and avoid paying for it. I don't know whether they are breaking the law or not - that's what the court will decide. But whatever the outcome, they aren't a legitimate service being unfairly attacked. Everything they do is designed to help people circumvent the law, and they do it knowingly and deliberately. I see nothing wrong with the court shutting down a resource whose only point is to help people bypass the laws of the country.

    255. Re:I hope P.B. win this trial by Gandalf_Greyhame · · Score: 1

      The general rule seems to be that acronyms are capitalized if the individual words they are made up of would be capitalized

      Well, Ianal, but that seems like a pretty weird rule to me...

      --
      I am not stubborn. I am right!
    256. Re:I hope P.B. win this trial by cliffski · · Score: 1

      I take over 90% of the sale price from a sale of my product, the other 9% ish goes to a business partner who handles the payments.
      Sorry to ruin your justifications for piracy. I'm quite sure you scrutinise the record contracts of each artist before deciding to steal their stuff right?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    257. Re:I hope P.B. win this trial by 91degrees · · Score: 1

      I don't need to. I just need to show that it was reasonable for me to assume that I'm authorised to do so.

      Nobody has made a complaint about the copyright infringement of these websites. The same information doesn't appear to be available elsewhere. None of them contain information that obviously infringes copyright.

    258. Re:I hope P.B. win this trial by cliffski · · Score: 1

      wow.

      if people would rather I didn't make games, why are they wasting their time pirating them? if all commercial games suck and shouldn't be made why do hundreds of thousands of people torrent commercial games?

      This is bullshit. People are leeches and tight asses who want free stuff. Any further attempt to explain defending TPB is laughable.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    259. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      "Guns don't kill people, rappers do!" - GLC

    260. Re:I hope P.B. win this trial by cliffski · · Score: 2, Insightful

      what planet are you on?

      How is entertainment made then? by space aliens?

      I for one am glad led zeppelin recorded as much stuff as they did, as did the beatles, rather than them squeezing in the odd album inbetween working as plumbers.

      Your philosophy of hating the commercial world is that of a child. Its a silly rationalisation ton justify being a tight ass and leeching off the honest people who pay for content to be produced. At least have the balls to admit it.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    261. Re:I hope P.B. win this trial by bit01 · · Score: 1

      Do you actually have any evidence beyond wishful thinking to support such a claim?

      You're in fantasy land. Just look at the numbers on any P2P service and think how much easier and safer it is for most people to copy media privately.

      In addition, I've known a lot of people. Almost all know nothing about slashdot. Not a single one who knows how to has not copied repeatedly and many who don't know how to have asked their friends to show them how to do it. My girlfriend for one keeps pestering me to copy media I have no interest in.

      Or are you just hoping that if you state it as fact often enough with a sympathetic audience on Slashdot, it will become true?

      I don't care. You're the one that's stretching. The onus is on you to show that most people take copyright seriously when anecdotal evidence shows the complete opposite. And that's not even including the third world where piracy rates approach 100%. I've seen that with my own eyes.

      I've travelled a fair bit and sharing is common everywhere I've been. Not surprising, it's human nature to share things with friends.

      ---

      Scientific, evidence based IP law. Now there's a thought.

    262. Re:I hope P.B. win this trial by dkf · · Score: 1

      Stockholm already have an old (17th century) warship near the harbour. Look at the Vasa museum.

      But other alternatives in the area, while not being of the right period, are at least afloat, and any pirate worth his salt wouldn't be too bothered by the difference.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    263. Re:I hope P.B. win this trial by Mateo_LeFou · · Score: 1

      "there was no concept of copyright until it became easy to copy works on a large scale"

      Sounds good until you check dates: (info from wikipedia)

      (Copyright)
      "The concept of copyright originates with the Statute of Anne (1710) in Britain"

      (Printing Press)
      "The mechanical systems involved were probably first assembled in Germany by the goldsmith Johannes Gutenberg around 1439

      hm...

      --
      My turnips listen for the soft cry of your love
    264. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      So you actually think it is illegal to point out to an American tourist on which Amsterdam address exactly one can buy good, celebrated weed (considered illegal in the US)?

    265. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      INTENT MATTERS!!!!!!

      Does it? Show us the Swedish law that says so.

      Of course it matters. Intent can be the difference between murder and involuntary manslaugter for instance.
      Intent (or Dolus in latin) is an important part of the Swedish crime concept.

      I just recently read an essay about this that I found on the legal faculty of Lunds university (I think) stating this for instance:

      To sentence the perpetrator his intent has to cover the objective prerequisite for the crime. Thus intent limits the criminalized area and defines personal responsibility.
      How the lower limit of intent is designed and on what grounds the perpetrator is imposed with guilt for his actions is an important part of the
      penal code. In Sweden this lower limit is traditionally defined by an intent based on will. The reason for this is that the guilt is derived from the intent. He who acts with intent also deserves blame for his actions which follows a
      conviction. A will-based form of intent considers the moral concepts we have about guilt. He who is convicted is considered to have performed the
      criminal actions of his own free will and it is this evil will that is punished by society.

      As far as I know intent is not always regulated in the actual law but is often left for the courts to decide.

    266. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      I find it fascinating that you, of all, still fail to understand the implications of the non-scarcity of information that already exists. As a maker of computer games, and thus obviously fluent in programming and probably a fair amount of computer science as well, you really should have been thinking more about this.

      Anyways, in order to get back to the point:

      If you don't want to deal with some people copying one or more of your games without paying for them, and thus feel that you are not being fairly compensated for your efforts in developing them, then the correct response is not to attempt to make copying difficult or impossible. That's simply impossible to accomplish, and I'm pretty sure you really do know this.

      The correct response is to adapt the method of compensation from being based on a certain sum of money per non-scarce copy distributed to each paying customer, since using this method you will always feel cheated out of some income, no matter how hard you try to avoid it.

      In most other professions, i.e. those not involving producing something that after being produced is extremely easy and cheap to reproduce, compensation is made for the effort itself, that is the very act of devising, designing and producing the original work.

      If your games are good enough for people to want to buy them, then you are set. Either come up with an idea for your next game yourself, or do it using requests and suggestions from your customer base. Define the scope of the game. Define, after sufficient analysis, a budget for the production of the game, preferably including enough profit for yourself to make it worth doing. Every customer of yours who wants to buy the game then places a reasonable amount of money in escrow with a trusted third party. The money remains there, either until the game is finished, or is paid to you in several steps, based on you producing verifiable steps of the finished product.

      When the game is finished, it is tested and verified as working by the third party, and then distributed to each customer who placed money in escrow, after which the entire amount (or what remains thereof) is transferred to you.

      You have now been fairly compensated for the work you have performed.

      You may not make millions from it. Neither do I, as a consultant, from my work. But I also get fairly compensated for my work, based on the effort I put into it.

      And yes, there are many people who subsequently go on and use the result of my work without me getting any further compensation for such use. The compensation was for the work I did. The same principle ought to work damn well for you too, as well as everybody else in the entertainment industry. This notion that so many people in said industry appears to have, that they are somehow entitled to a never-ending stream of additional money for eternity - while they're NOT doing any additional work to be compensated for - is frankly sickening.

      Although I can of course understand that some people have grown accustomed for it and feel that it's very comfortable. To those people I can only say: Grow the fuck up.

      I don't need your games. If I want one, I am very well prepared to compensate you for developing one. Adjust your business model and you won't have to worry about copy protection, pirates or what have you. Use the technology in front of you instead of being afraid of it. Get ahead of the curve instead of fighting it. Who knows, if you put your mind into it, you might even get rich.

    267. Re:I hope P.B. win this trial by GargamelSpaceman · · Score: 1

      There's a scheme for p2p that breaks up files into 128 k chunks such that any particular chunk is nothing but random data without the other chunks AND crucially the same chunk may be and likely is part of a movie a word document, a family photo and any number of legitimate files.

      The chunks are distributed about the network, and the pointers are hashes of the data. ( I can't see the site right now because of where my computer is sitting so my recollection of the details may be wrong, I can't check. See the above link for the straight dope. ) Anyway, you basically run a webserver locally that does the p2p retrievals when you visit a link of the form http://localhostsomeport/hashcodeofsomedata Then your locally running webserver gets the needed data, pieces it together and serves it to your web browser.

      Nobody can know what the chunks are because they appear to be random data, and nobody can say you downloaded ( or are serving ) something bad because the chunks have legit uses. And instead of some stupid song search client you use your web browser to browse the p2p web. Google could index this p2p web if it wanted to.

      The only thing that can put the data chunks into the form of a particular ( possibly naughty ) file is the url pointing to it. And those urls can be in ( for instance ) index.html files on the same p2p web. If you post a p2p link to a copyrighted file on the 'regular web' then sure you might be in trouble, but if you post a link to a p2p page without copyrighted content but which contains links to other p2p pages, and some of those pages then contain links to copyrighted content, then I don't see how you could be in trouble since it's unreasonable for you to be expected to examine the page you link to, all the pages that page links to, and all the pages those pages link to ( i.e. crawl the whole web and examine all the pages ) before posting a link.

      Really, I think Madore's p2p scheme is the best thing in p2p today, solving all p2p's current problems except one, namely why should I not leach? Still, I think it could put a real cramp in anyone who wants to censor.

      I wonder if you could define a database data structure and run a process that stores the index to the p2p web in that distributed database. Then you could publish the search engine code ( or many different search engines, if the database structure were 'open' ) which would query the database for search results. Then you could cut google right the hell out of the picture. All you would need is one good person to run the web crawler process which keeps the database updated. Hell there might even be some way to have the crawling aspect of things distributed, but that's for a future release.

      Something like this really ought to take over. I can't see why it hasn't already.

      --
      ...
    268. Re:I hope P.B. win this trial by cliffski · · Score: 1

      I've thought about it tons. the idea that you take other peoples work for free is just hippy bullshit dreamt up by kids who are yet to get a real job, and parroted by thieves who think they can justify theft with lots of hand waving.

      Sorry but you cant type as much as you want. it really is that fucking simple.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    269. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      if people would rather I didn't make games, why are they wasting their time pirating them?

      I don't care if you make games or not, and I most certainly don't pirate them. Even if I did care about your games, I still wouldn't pirate them.

      if all commercial games suck and shouldn't be made why do hundreds of thousands of people torrent commercial games?

      Because they can.

      Because technology has advanced to a point where doing so is trivially easy.

      Flailing about isn't going to make the practice go away. It's way past that point. If you and the majority of the entertainment industry hasn't realized this yet, then that's your (and their) problem. You will have to come to terms with it. It is inevitable.

      When you have re-aligned yourself with modern technology and the mindset of a majority of several countries worth of online users of today, then, and only then, might you be able to think clearly about other ways to deal with the situation.

      This is bullshit.

      No, this is a complex issue, and it can't be waved away by calling it names. Sorry.

      People are leeches and tight asses who want free stuff.

      You are not very good at promoting yourself and your game making. For example, the above statement made it absolutely certain that I won't ever buy any game of yours, regardless of how good or fun they may be. I won't pirate them either, but that won't gain you any income anyway, now will it?

      (Hint: Me pirating or not pirating any of your games wouldn't actually affect your earnings one iota, either way. You should think about this fact for some time. There are deeper implications there than you might think.)

      Any further attempt to explain defending TPB is laughable.

      That is not a very strong argument. Actually, none of your arguments have ever been very strong. I can only hope that you're better at making games than you are at arguing for a losing and technologically (not to mention philosophically) hopelessly straddling side.

    270. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      The US Postal service postal service does not encourage people to send bombs to other people.

      Without the US Postal service and its ilks in other countries, it would be impossible to send letter bombs to people, encouragement or not. You are clearly defending the only organizations making this despicable act possible. Why do you want to make it easy for murderers to kill people?

      Try another analogy.

      No need. It works rather well as it is. You not comprehending it is your problem.

    271. Re:I hope P.B. win this trial by NeoSkandranon · · Score: 1

      Likewise they'd have to be willfully ignorant to not realize the legality of at least some of it.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    272. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0
    273. Re:I hope P.B. win this trial by Van+Vleck · · Score: 1

      Tom Stoppard used to tell an anecdote in his interviews about how, at an earlier point in his life, he used to feel guilty for getting away with being an Artiste. Which is to say, ditch diggers work hard, sysadmins work hard, but Stoppard lucked out and got to frit about with his imagination and a pencil, and thence be paid.

      But Stoppard eventually assuaged his guilt by posing the following question: What if we lived in a world with plenty of material satisfaction (good food, jet-skis, cozy houses) but no art? His contemplation of this question led him to feel okay, generally, with the prospect of spending all his time & effort on the seemingly useless pursuit of making plays and movie scripts. And he felt okay being the lucky one who gets the leisure, indeed gets PAID to do it.

      Stoppard is all famous and horribly clever and whatnot, but I think he missed the mark with his argument. There's no reason that being a creative genius means you ought to get PAID for it, or that you DESERVE the time and money to Make Your Precious Art. Because even if you stop paying all the artists, stuff will still get made. Some of it will get popular. We will still have fads and trends and cliques and identity groups and that-about-which-to-get-obsessed. In short, we will still have everything that Big Content presently commoditizes for us in tidy artificially expensive packages. There is a world out there, one that exists without the high-dollar-cashflow content machine, and it has plenty of Art in it.

      There's an analogue already existing in the academic world. Scientists, some of them, are freaking Brilliant. And even in a landscape where scientists don't regularly reap fantastic cash awards, they still doggedly pursue their craft. The landscape has shifted in the last decades, with universities rushing to cash in on the patentable discoveries that percolate up from their laboratories. But this has not yet (totally) changed the culture of the academic scientists, who don't pursue their science just for the Huge Bucks lurking in the next Petri dish.

      I sure would like to be a Super-Billionaire-Artiste, sucking up cash and bidding my minions prosecute the latest artificial-bottleneck-du-jour. But if I ever achieve such a thing, I won't kid myself and pretend I deserve it. It's like any other privelege inherent in living in the upper middle class of the Western world. Whenever I think about my comfortable cheap clothes made at the expense of near-slave-labor, I feel a twinge of guilt, and then return to cheerfully slurping my Diet Coke(tm), and I forget about it. Same with profiting from Copyright Persecution. Sure, it's a privelege and a pleasure to profit from fake scarcity. But it's a GUILTY pleasure. And it's going away.

    274. Re:I hope P.B. win this trial by Kijori · · Score: 1

      Well, no. At no point did I say it was illegal. In fact, I said:

      Maybe they aren't actually breaking the law [...]

    275. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      None of them actually murdered anyone though ;)

    276. Re:I hope P.B. win this trial by iiiears · · Score: 1

      I don't think the pirate bay will win but, they do provide positive benefits. Pressure on media producers to provide more convenience and lower price to their paying customers. Entertainment should provide income to those people producing it. The question of links to information being a crime is one that won't go away in our lifetime.

      --
      15TW = 15,000 Nuclear Reactors. (Approx. one accident a month.)
    277. Re:I hope P.B. win this trial by Patch86 · · Score: 1

      Actually I don't pirate, and never really have. For a start, I like owning boxed copies of music / films, and wouldn't trade that for anything. Even with the aforementioned Radiohead album, I waited for the boxed copy. I don't tend to use Steam for the same reason.

      The only exceptions I tend to make are for games with performance-inhibiting DRM (which is usually missing from the pirated copies), and the odd B-side / special edition track that I can't realistically get hold of in physical form.

      Sorry to ruin your assumption that all people who oppose aggressive copyright and endorse industry modernisation are freeloading cheapskates. Sometimes an industry just needs to accept that things are changing, and attempt to change along with them.

      We've already established that theres no technological way to effectively stop piracy, and RIAA "sue everybody" tactics don't appear to be making a dent. If people are confronted with a choice free media or media with a bloated price, it's obvious whats going to happen.

      The easiest way to cut price is to cut fat. With the modern age of digital distribution and the huge shift in the way publicity works, the obvious target is to slice away the middlemen that are no-longer necessary. As the RIAA prove, these middlemen wont go down without a fight...

    278. Re:I hope P.B. win this trial by rastoboy29 · · Score: 1

      You would make publishing a string of bytes illegal?

      Mad.

    279. Re:I hope P.B. win this trial by HeadlessNotAHorseman · · Score: 1

      I didn't create that admittedly far-fetched example with the purpose of using it in the 27 ninja's scenario that you described. I was thinking more along the lines of "it's better to let 100 guilty men go free than to imprison one innocent man". Just because the scenario is far-fetched, it does not mean that it has not happened (or that other similar scenarios have not occurred). The pirate bay provide a service that has legitimate and legal purposes. If people use it for illegal purposes, the pirate bay should be held no more liable than the telephone company if I make a death threat from a payphone, or the postal service if I send anthrax to the Mongolian embassy.

      The pirate bay cannot be expected to analyse and assess every torrent uploader and downloader to determine if downloading/uploading that torrent is legal for that user in the jurisdiction that the user is operating from!

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
    280. Re:I hope P.B. win this trial by Kijori · · Score: 1

      I suppose it does have legitimate uses. But to compare it to a telephone company is a tad disingenuous. The primary use of a telephone company is legal - and what's more, if you choose to mis-use it, they will help the authorities to find you. If I had to make your analogy work, it would be a telephone company called "death threats anonymous". They would provide selections of hand-picked people you could phone death threats to, and when the police tried to investigate they would refuse to give up your details and laugh at how fantastic it is that you've made a death threat and no one can stop you. This company can be used for legitimate purposes - but barely is, because it deliberately sets out to position itself as an illegitimate network for people wanting to break the law.

      It's not a perfect analogy (but then I didn't pick it) but I hope it gets my point across. In general I agree with you - if people choose to misuse a service that is their fault, not the fault of the service. If we were talking about Youtube, that would be perfectly reasonable. But people are responsible for their own actions, and that goes just as much for the creators of The Pirate Bay as for anyone else.

    281. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 1

      Because frankly, those sites like Pirate Bay and others, they currently are what will save our ecomomy

      I can't help but observe that most economists seem to think intervention in the area of 1 trillion dollars is necessary to "save the economy" and even the insane damages claims of the RIAA and MPAA don't come near to that number.

    282. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Is it illegal to point someone to an area of town where they would be able to purchase drugs?

    283. Re:I hope P.B. win this trial by hU0N · · Score: 1

      IANAL

      Well actually, that's kind of the question. Because in almost all countries, it's actually illegal not to do every reasonable thing in your power to stop someone from breaking the law if you are

      - aware of what they are doing
      - are in a position to stop them or try to stop them.

      As far as I understand, the laws about this vis-a-vis copyright in sweden have been eroded somewhat by various precedents, which is what has made it so hard to build a case against TPB.

      In any other country, they would have been stretched on a rack and flogged senseless by the RIAA long before now.

    284. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 1

      I think most of us would agree that sending out a spam linking to a site that will zombie your PC should be illegal.

      I wouldn't. It's just a link, and the site is just data that interacts with your computer exactly the way the software was designed. Laws that make malware illegal are equivalent to the craziness of illegal numbers. Distribution of information should in no cases be illegal. Sale can be regulated of course since it's only laws that make it possible in the first place, but not distribution in general. The obvious counterexample is child pornography but I'm not sure that's even valid; it's disgusting of course but on theoretical grounds I don't think free distribution of it hurts anyone.

    285. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 1

      More like there's an area downtown with tons of bootlegging activity, which draws thousands of people into town on the weekends, so people pay you to put up posters in the area advertising their stuff to all the people walking by.

    286. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 1

      is PB aiding and abetting

      Since when is aiding and abetting illegal? Remember,

      The clearly illegal act is 'distribution.'

    287. Re:I hope P.B. win this trial by Brian+Gordon · · Score: 1

      I think you're completely wrong. It doesn't matter if you know someone will commit a crime if you're not actually helping them do it then you haven't done anything wrong (more appropriately, you haven't done anything illegal). See my links above: even if you're sitting there watching someone being beaten to death, as long as you don't toss the guy a tire iron or throw a punch you're not doing anything illegal. They certainly can't convict you for beating her since you didn't, and the charge "didn't help someone in danger" only applies if you're the one who created the situation in the first place or if you're an on-duty paramedic or police officer who could save her. All in the US of course.

    288. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      Try this link...http://thepiratebay.org/torrent/4728355/Ubuntu_8.10_(extras_remix)
      Ask the ubuntu people if they object; or not. We all know they welcome this sort of freedom.
      At least there is one country the US cant control.

      The only rights you have are the ones you are willing to fight for.
      I'm off to Kopimi to buy a spectrial T.

    289. Re:I hope P.B. win this trial by Anonymous Coward · · Score: 0

      from heavily biased sources

      Considering the owners of traditional media often has certain parts of their business model dependent on copyright it's hard to find any sources that aren't biased. Which is, of course, the problem with holding a serious discussion on the future of various intellectual property rights.

      you go back to the old patronage model of yestercentury

      That's a strawman argument. There are many other possible models.

      For example, you could put a sales-tax on any material or revenue derived from sales or reproduction of works, with the proceeds going directly to the creators and artists. That would be somewhat similar to the radio model, but structured to include physical duplication as well as internet based replication. Further, such a model would direct much more of the customers money directly to the artists and creators, leading to a much better cost efficiency than the current system.

      It would also have the huge advantage of allowing a multitude of new business models ranging from print-your-cd kiosks to libraries of all music ever made.

      It would also have the advantage of saving artists and creators from the painfully subservient situation of trying to negotiate a contract while having basically no negotiating power at all; if their products generate revenue for someone, they'd get their share automatically.

      lacking in perspective on the significance of this whole issue

      If the question was merely one of payment, perhaps. But as it ties into everything from cultural legacy to freedom of communications to western economic competitive ability to the future evolution of society, I'd say the issue has a lot of significance. Well within the range where civil disobedience is acceptable, if not outright a moral obligation.

      I mean, can you imagine what we're losing in the current system? How many artists we could pay if it was structured so more of the revenue went directly to them?

      Can you even imagine having all art of humankind available at your fingertips? Cross-referenced as wikipedia, social-networked taste indexed to suggest material for you? Can you imagine the value lost to society due to the current model making this impossible?

      Without a complete rewrite of copyright from an exclusive system to a monetary inventive system it's not going to happen; the owners of modern material don't want old or unmarketed material competing with the new to any greater extent than it already is.

      hearing your arguments I have a question for you.

      If I buy a CD and rip it to my computer, (which is legal) I then share the ripped music with a friend...they put it up on PB. Now....do we blame the friend who put it up or me for sharing the music or the company who sold me the ripper or the programmer who made the ripper? without the ripper I wold be listening to the CD and not an mp3. cause and effect....chain reaction etc. Also, since the majority of the citizens of most countries cannot afford to buy new media very often and of course we want things for free.....all aspects of legal and illegal go out the window....as long as the individual isn't caught, they don't care about copyrights...etc. If you could go into a bank and steal 10 thousand dollars and not get caught....you would do it. And don't say "no I wouldn't" cause if that happened...money in front of you...you'd do it....hell...our politicians do it everyday.

  2. Anonymous Coward by Anonymous Coward · · Score: 0

    I wonder if they do weddings too?

  3. bad attitude by X0563511 · · Score: 0, Troll

    While I agree the lawsuit(s) is(are) bullshit, this is not the attitude to take.

    You don't make friends talking like this:

    mdcurry: The Pirate Bay: "We reserve the right to choose freely to whom we speak. We do not speak with assholes." #spectrial

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    1. Re:bad attitude by X0563511 · · Score: 0, Offtopic

      What the hell are you talking about?

      I invite you to actually look at my comment history.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:bad attitude by Maelwryth · · Score: 0, Offtopic

      I have taken it upon myself to independently review your comment history. It is, unfortunately, much better than mine......I hang my head in shame. :)

      AWOA: Don't feed the troll.

      --
      I reserve the write to mangle english.
    3. Re:bad attitude by Macthorpe · · Score: 0, Offtopic

      It's better than mine, but then mine is mostly flames carefully disguised as possible insight. I explain that away by advising people that I hate the world, which may or may not include everyone in it.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    4. Re:bad attitude by mangu · · Score: 1

      You don't make friends talking like this:

      mdcurry: The Pirate Bay: "We reserve the right to choose freely to whom we speak. We do not speak with assholes." #spectrial

      It just proves that they aren't karmawhores and don't mind being modded "Troll" occasionally.

      The fact is the media is more or less aligned with the idea of preserving copyrights, so they won't make too many friends among the mainstream media channels, anyhow.

    5. Re:bad attitude by julesh · · Score: 1

      You don't make friends talking like this:

      mdcurry: The Pirate Bay: "We reserve the right to choose freely to whom we speak. We do not speak with assholes." #spectrial

      Of course the "assholes" they're talking about are media companies who have previously published stories that are biased and slanted away from them. They're unlikely to make friends with these people anyway.

    6. Re:bad attitude by Kjella · · Score: 1

      Yuo should see some of their other quotes like this:

      "The record companies can go screw themselves," said Pirate Bay founder Gottfrid Svartholm Warg to The Local on learning of the claims in March 2008.

      Plus their page of legal threats is always good for laughs.

      --
      Live today, because you never know what tomorrow brings
    7. Re:bad attitude by X0563511 · · Score: 1

      Methinks someone doesn't know what "troll" means.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  4. If Harvard law students are defending TPB by unassimilatible · · Score: 0, Flamebait

    Then they are going to be prosecuted themselves for practicing law without a license. I hope Massachusetts has a certified law student rule, or that we get a better summary.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
    1. Re:If Harvard law students are defending TPB by DeadPixels · · Score: 5, Informative

      As far as I know, the Harvard students are helping defend an individual accused of file-sharing and have nothing to do with TPB.

      If I remember correctly, a semi-famous law professor is defending the individual and his students are helping him.

    2. Re:If Harvard law students are defending TPB by interkin3tic · · Score: 5, Funny

      Then they are going to be prosecuted themselves for practicing law without a license.

      Practicing law? No, you misunderstand, they're PHYSICALLY defending him from the RIAA. The RIAA decided legal proceedings weren't giving them the results they'd like (IE beheading people who are "stealing music" and putting those heads on a pike) so they started hiring ninjas.

    3. Re:If Harvard law students are defending TPB by KenMcM · · Score: 2, Funny

      Hire ninjas? No. They paid some of their bad-ass artists from the ghetto a reasonable portion of their revenue.

    4. Re:If Harvard law students are defending TPB by __aasqbs9791 · · Score: 1

      I've heard of pirates vs ninja, and even pirates vs lawyers, but I've never heard of ninja vs lawyers.

    5. Re:If Harvard law students are defending TPB by BobisOnlyBob · · Score: 1

      I'm used to Ninja Lawyers, actually.

    6. Re:If Harvard law students are defending TPB by Anonymous Coward · · Score: 0

      No ninja with honor would ever work for the **AA.

    7. Re:If Harvard law students are defending TPB by interkin3tic · · Score: 1

      Double star alcoholics anonymous? No, plenty of ninjas work there. Their motto is one day at a time, and if you slip up once we kill you. 100% success rate, their members do NOT drink again, although a surprising number are found dead in bars with two ninja stars in their faces.

    8. Re:If Harvard law students are defending TPB by Anonymous Coward · · Score: 0

      I heard the ninja's kept escaping their DRM and they kept losing track of them so they hired a barbarian horde instead, they're more fond of pikes than the ninja's were anyway.

    9. Re:If Harvard law students are defending TPB by Arancaytar · · Score: 1

      > Massachusetts ... you mean Sweden?

      If you RTFS more carefully, you'll see it confusingly compares the two cases, but does not claim them to be related. :)

  5. Put some advertising by crazybit · · Score: 4, Funny

    on all that media coverage and use that money to pay some of the lawyers fees.

    --
    - Human knowledge belongs to the world
    1. Re:Put some advertising by blind+biker · · Score: 2, Funny

      Put some advertising on all that media coverage and use that money to pay some of the lawyers fees.

      I'd positively enjoy seeing product placements in a trial!

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  6. Media event? by clarkkent09 · · Score: 1, Interesting

    You mean they are trying to court the same media companies whose content is being shared through Pirate Bay and who are behind the efforts to shut it down in the first place? Nice to see they have good weed in Sweden. If the trial does become a media spectacle (though I haven't seen it even mentioned in any mainstream news outlets in the US, maybe it's different in Europe) I doubt it will be the kind of coverage that is sympathetic to TPB.

    --
    Negative moral value of force outweighs the positive value of good intentions.
    1. Re:Media event? by crazybit · · Score: 3, Informative

      most of the coverage will be using internet services, traditional media can't compete with this.

      --
      - Human knowledge belongs to the world
    2. Re:Media event? by clarkkent09 · · Score: 1

      Ah, you mean the bus tour. I see.... well, that truly is a media spectacle worthy of the name. For those millions of you glued to your screens waiting for the latest news, yet unable to see the current location due to slashdoting within seconds of posting the article, here is the most recent update: The Bus has left Belgrade. Coming soon: arriving in some other city later on today. Fucking morons.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    3. Re:Media event? by Elektroschock · · Score: 1

      How great that the Robin Hoods of the copyright industry are stealing back. Schweden is part of the European Union. And someone sent me per mail this invitation here to an open conference in the European Parliament, feel free to join and/or spread:

      Who wants to control the internet ?

      The Greens in the European Parliament have the pleasure to invite you to a conference on internet policy concerning the Telecom package and the Medina report.

      The European Parliament is about to take very important decisions that will affect the every day use of the internet by europeans : the telecom package will be adopted in second reading in April, and the Medina report on copyright recommends a very restrictive vision of the web. What is at stake is no less than net neutrality : will MEPs allow discrimination on the internet ?

      Net neutrality means that the network should be neutral and can be only be managed for technical or security reasons. Some companies dream of being able to manipulate access in order to restrict or give preference to certain services and websites, so as to block access to their competitor's services. They want to use net management as a tool against competition. This debate will have a global impact since the new US administration is expected to take crucial decisions on this issue over the next year.

      This hearing aims at revealing what is really at stake behind the complexity of several European Directives up for consideration by the European Parliament in the coming weeks.

      Please join us for this important and informative conference.

      Rebecca Harms, Helga Trüppel, Eva Lichtenberger, David Hammerstein

      Members of the Parliament 's Green/Efa Group

      Draft Programme

      Who wants to control the internet ?
      A conference organized by the Greens/Efa in the European Parliament to look into how the Medina report and the Telecom package can affect the internet

      18 February 2009
      16.30-18.30 Room 1G2
      Interpretation : EN-FR-DE-Nl

      Academic speaker
      Dr.Monica Horten, Communications and Media Research Institute, University of Westminster (Website: http://www.iptegrity.com/ )

      Free Software
      Alix Cazenave, APRIL (Associaton for the promotion of Libre Software)

      Industry speakers
      Angelique Broux, IBM
      You Tube
      Benjamin Bayard, French Data Network (French internet provider)

      Civil Society & Consumers
      Charles Simon, ISSOC (The Internet Society is an independent international nonprofit organisation which provides leadership in Internet related standards, education, and policy)
      Anne-Catherine Lorrain, TACD
      Graham Taylor, Open Forum Europe
      Jérémie Zimmermann, La Quadrature du Net

      Registration is free but mandatory as to be allowed access to the European Parliament
      Please send you full name, birthdate and address to Laurence.vandewalle@europarl.europa.eu

    4. Re:Media event? by Anonymous Coward · · Score: 0

      You mean they are trying to court the same media companies whose content is being shared through Pirate Bay and who are behind the efforts to shut it down in the first place?

      There are different kinds of media companies.

      Nice to see they have good weed in Sweden.

      While I can't offer an opinion on that, we do have public television who will be streaming the audio from the trial live, and we have reputable newspapers who just this morning had 3 or 4 full pages about the upcoming trial.

      If the trial does become a media spectacle (though I haven't seen it even mentioned in any mainstream news outlets in the US, maybe it's different in Europe) I doubt it will be the kind of coverage that is sympathetic to TPB.

      The coverage has generally been pretty even-handed. The article in DN mentioned that all the major political parties are internally divided on the issue, while most of their youth-organizations lean more towards siding with the "pirates".

  7. What the? by SmallFurryCreature · · Score: 4, Funny

    Learn to read. The law students are defending Jaul Tennenbaum. NOT the piratebay. It is there in plain english. Granted that might be hard for an american to read but still.

    And the law students are just assisting, in law there is an awful lot of hard work and students are the best for this provided you beat them enough. They are doing it under the guidance of their proffesor who is a qualified lawyer.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:What the? by interkin3tic · · Score: 3, Funny

      Learn to read. The law students are defending Jaul Tennenbaum. NOT the piratebay. It is there in plain english. Granted that might be hard for an american to read but still.

      Apparently not as hard as capitalization, or spelling "Joel" correctly ;-)

    2. Re:What the? by Brian+Gordon · · Score: 1

      Or proffesor

    3. Re:What the? by martin-boundary · · Score: 1

      But he's right on the money about beating students :)

    4. Re:What the? by Anonymous Coward · · Score: 0

      Learn to read. The law students are defending Jaul Tennenbaum. NOT the piratebay. It is there in plain english. Granted that might be hard for an american to read but still.

      Apparently not as hard as capitalization, or spelling "Joel" correctly ;-)

      Don't make fun of his accent. They probably pronounce it "Jaul" where ever he's from. It's got to be hard translating post through Babelfish. We've got to be more tolerant and encourage people to try to speak English.

    5. Re:What the? by Anonymous Coward · · Score: 0

      Then I guess Yowl Tannenbaum is screwed, because guess what Harvard Law School is full of?

      Americans.

  8. Why? by GF678 · · Score: 2, Insightful

    Why are they doing this?

    (a) They are very confident of being acquitted, so they want to obtain as much media attention as possible to support their cause (in this case the cause not being to get them acquitted, but rather what they're fighting for)

    or

    (b) They are trying to get media attention to save their own skins

    I doubt this "spectrial" business is to obtain martyrdom. In their current situation, with jail time being a possibility, I doubt their principles of free movies for example would really be worth fighting for.

    If I was in their position, I would do whatever it took to be acquitted. They run the risk of pissing the court off with this show, so I don't think it can help. We only have one life after all - it's not worth fighting for pirated content!

    1. Re:Why? by Ieshan · · Score: 4, Insightful

      If I was in their position, I would do whatever it took to be acquitted.

      Would you? Suppose you were the guy who runs the Pirate Bay: Your entire identity and celebrity rests on the fact that this website is still accessible. Do certain things and you are forever known as a sell-out, especially after the ridiculous amount of media attention you have heaped on yourself (even in the days before they started being idiots about the trial).

      I think there are certain things you wouldn't sacrifice. I think there are social contracts you would choose not to violate.

      Do I think these guys really believe in the freedom of information, in the freedom of speech, in the "free format" garbage that gets spewed all over this and other websites? No, of course not. But, their followers certainly do, and that's all that matters here.

      I think this is just one side of the cost-benefit analysis. Risk jail time and large fines, but gain media attention and more devout fans.

      I don't think these guys are any more brave or principled or high-minded than the guy who goes to jail for his gang rather than snitch on the leader. You'd think that selfish, personal greed would take over, but at some point, you can't sacrifice your identity.

    2. Re:Why? by Anonymous Coward · · Score: 4, Insightful

      They risk at most two years in prison. That is one year in practice - at *maximum*. The investigation since the raid has been longer than that (Since summer of 2006) ! :)

      And this is not one year of "pound-me-in-the-ass" american prison. This is Swedish resort-prison. In a Swedish prison you live in a nice room, you have have some normal furnitures, you can have a game console, like PS3, and access to a computer. You can study university courses, if you work you get paid, write some books or whatever for a year. Take a break from life.

      Then when jailtime is over they will be famous martyrs. Heroes of the internets. Perhaps have some place in the history books no matter if copyright laws are changed or not. (and also a couple of hundred of millions of USDs in foreign accounts, according to rumors) :)

      Best way to act now for them is just continue to push for what they believe in, make a "spectrial" out of it - become as famous as possible, milk it as much as they can. Then reap the rewards. All publicity is good publicity as they say! :)

      And they will NEVER EVER have a hard time finding jobs or making money.

      Pirates that hide cowardly and are ashamed of what they have done. They loose, because they act like loosers...

    3. Re:Why? by JackieBrown · · Score: 1

      Exactly

      How many people remember the guy from lokitorrents?

      And for those that do, most see a pathetic sellout

    4. Re:Why? by dotancohen · · Score: 4, Interesting

      If I was in their position, I would do whatever it took to be acquitted. They run the risk of pissing the court off with this show, so I don't think it can help. We only have one life after all - it's not worth fighting for pirated content!

      While I think that TPB operators are wrong in linking to illegal content, I do no see this trial as a trial of their wrongdoing. I see this trial as a trial of Sweden's sovereignty. These people did nothing illegal _in_Sweden_. Why should the the Swedes sacrifice their sovereignty, to appease American businessmen?

      --
      It is dangerous to be right when the government is wrong.
    5. Re:Why? by GF678 · · Score: 1

      Yes, these guys do have their identity attached to TPB, and their followers certainly wouldn't want to see them sell out to avoid punishment.

      But then again, their followers aren't the ones with jail time on the line. The folks who run TPB have to decide whether they care more about their own lives, or their fanbase. The consequences are different for both sides.

      Besides, they could just do something else. They seem like a smart bunch, technically at least. Plus of course, jail time is apparently quite unlikely in this case, so I hear. Perhaps I'm just thinking of this too seriously. :)

    6. Re:Why? by Peaker · · Score: 3, Interesting

      Do you really find it that hard to believe that the guys behind TPB don't believe in copyright restrictions on private individuals?

      I think it is very easy to believe that copyrights should not restrict individuals, in fact, I am doing so right now.

    7. Re:Why? by uffe_nordholm · · Score: 5, Insightful

      Unfortunately, I agree with you: this trial is more about international politics than whether or not the guys have actually done something illegal.

      Just the fact that there will _be_ a trial is slightly bizarre, since the prosecutor had, just a few months before the police raid, written an official document where he claims TPB are doing nothing wrong.

      Enter then the minister of Justice, who had been on a trip to the USA, to meet his counterpart there. When the minister was back home it didn't take long for the police to raid TPB and seize everything in sight (including many servers belonging to other companies and totally unrelated to TPB).

      To the general public, it looks very much like TPB got raided as a result of the minister of Justice applying pressure on the prosecutor to get something done. If this is really what happened, someone is likely to find himself in trouble, since it is against the constitution for the government to decide what the authorities should do in specific cases.

    8. Re:Why? by Anonymous+Brave+Guy · · Score: 1

      I see this trial as a trial of Sweden's sovereignty.

      <Devil's advocate>

      Sweden is a signatory to major international copyright agreements such as TRIPS.

      If they have chosen not to implement the required protections in their own national law, while availaing themselves of the protection of others under these agreements, then they are untrustworthy and deceitful.

      This is a trial of Sweden's willingness to meet its obligations under agreements it signed up to more than a decade ago and whose benefits its own citizens have enjoyed ever since.

      </Devil's advocate>

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:Why? by spartanhelmet · · Score: 1

      'Fanbase' has connotations I think are a bit misleading. They're not doing it for the groupies, to get famous or even for money. They're known for running TPB, sure, but it's not to get an identity fanbase.

      These fellows don't live off ads on TPB.. they *are* a smart bunch which is why they operate a webhosting company Sweden. They're legit in terms of how they make money (ie, not from the tracker ads), but controversial for believing in IP reform.

      I for one, welcome our monopoly restructuring overlords.

    10. Re:Why? by 91degrees · · Score: 1

      These people did nothing illegal _in_Sweden_.

      [citation needed]. I really want to know how everyone is so much more knowledgable than legally trained Swedish prosecutors about the intricacies of Swedish copyright law. I find it hard to believe they would have brought this case if they didn't think they could make a case.

      They're doing more than "providing links". They're providing a mechanism whereby people can download infringing content and providing it for the primary purpose of aiding people in downloading infringing content.

    11. Re:Why? by funkatron · · Score: 1

      Whether Sweden has implemented the protections required by TRIPS and other treaties is a separate issue to the trial. TPB should be tried under the law that exists not the law the should possibly technically exist due to treaty obligations. There are international organisations that will sort things out if Sweden is in violation of a treaty.

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    12. Re:Why? by kiddygrinder · · Score: 1

      afaik hosting a torrent site is %100 legal in the country they're hosting it in, so the court case is really about whether more liberal countries can stand up to "the man" or if "liberal" is actually a word meaning "hasn't been offered enough money to betray their principles yet"

      --
      This is a joke. I am joking. Joke joke joke.
    13. Re:Why? by Zironic · · Score: 1

      They've been very reluctant to bring this case because they can't make one. There's a reason that TBP has operated freely for years and it's taken them 3 years to get the case to court.

    14. Re:Why? by uffe_nordholm · · Score: 1

      I can't remember the sources, but if you absolutely need them I can find the relevant newspaper articles, but be warned: they will be in Swedish.

      I live in Sweden, and have been reading a lot of what the newspapers have printed (or published online) about the TPB-trial. One of the more interesting details that have emerged is that the prosecutor who is now charging the guys behind TPB with various things , only half a year before the police raid had written an official document stating that TPB was not doing anything illegal.

      In short: in six months the prosecutor changed his mind from "they are doing nothing illegal" to "Let's charge them!". If nothing else, it does invite debate about whether or not TPB (and TPB's actions) are illegal or not.

      As for intricacies of Swedish copyright law: I don't think we need bother with them. TPB itself has done very little other than tell users where to find the material they want. That might make them accessories to copyright infringement, but I don't see how it would make them guilty of copyright infringement.

      There is one intricacy of Swedish law that could be interesting, though. And that is the question whether or not you can be convicted for aiding in a crime, when nobody has been convicted of the crime. If the law requires someone to be found guilty of a crime before anybody can be found guilty of being an accessory in the crime, I think the guys behind TPB will be found innocent. If the law does not require a "main perpetrator" in order to convict "an accessory" then your guess is as good as mine...

    15. Re:Why? by 91degrees · · Score: 1

      I can't remember the sources, but if you absolutely need them I can find the relevant newspaper articles,

      Since I have a 5 word Swedish vocabulary I'll accept your summary as accurate.

      TPB itself has done very little other than tell users where to find the material they want. That might make them accessories to copyright infringement, but I don't see how it would make them guilty of copyright infringement.

      See, this is the argument I still have problems with. They are doing more than that. I see a difference between someone simply explaining how to download illegal content and someone actively providing a mechanism to do so. A torrent server is more than just an information provider. It's providing the information explicitly in a computer readable format. As a result, it's a key part of the mechanism. Even if this is less than hosting, it's more then merely providing information.

    16. Re:Why? by Anonymous Coward · · Score: 0

      Pirates that hide cowardly and are ashamed of what they have done. They loose, because they act like loosers...

      Don't be a looser.

    17. Re:Why? by shutdown+-p+now · · Score: 1

      Do you really find it that hard to believe that the guys behind TPB don't believe in copyright restrictions on private individuals?

      I think it is very easy to believe that copyrights should not restrict individuals, in fact, I am doing so right now.

      Belief is easy when you don't have to pay for it (in all senses of the word).

    18. Re:Why? by Anonymous Coward · · Score: 0

      Your Mom was loose, and look at the result.

    19. Re:Why? by Zebedeu · · Score: 1

      Do I think these guys really believe in the freedom of information, in the freedom of speech, in the "free format" garbage that gets spewed all over this and other websites? No, of course not. But, their followers certainly do, and that's all that matters here.

      Dude, they founded a political party whose main goal is to reform/abolish copyright law.

      How much more do you need in order to believe their ideals? Self-immolation?

    20. Re:Why? by ciderVisor · · Score: 1

      And this is not one year of "pound-me-in-the-ass" american prison. This is Swedish resort-prison. In a Swedish prison you live in a nice room, you have have some normal furnitures, you can have a game console, like PS3, and access to a computer. You can study university courses, if you work you get paid, write some books or whatever for a year. Take a break from life.

      "Shit. I'm a free man and I haven't had a conjugal visit in six months."

      --
      Squirrel!
  9. Greeeeat by MWoody · · Score: 1, Insightful

    Wow, thanks guys. I was rooting for you there for a while, just out of a sense of "hurray for the little guy." Way to make me remember that however theoretically just your cause, you're a bunch of random assholes profiting off the work of others!

    The ongoing struggle to procure intelligent, reasonable intellectual property and fair use rights worldwide needs these guys as spokespeople like animal rights needs PETA and parents' groups need Jack Thompson. Like so many before them drunk on the heady mix of righteousness and attention, they've gone full tilt into being walking, talking straw men.

    1. Re:Greeeeat by 91degrees · · Score: 1

      While this comment is sensibly argued, it makes me feel like a hypocrite, so I'm afraid I'll have to label you a troll.

  10. Joel Tenenbaum link by pgn674 · · Score: 1

    Shouldn't the Joel Tenenbaum link go to something like Associated Press Wants RIAA Case Webcast, and some other text in the summary point to Pirate Bay Operators Stand Trial On Monday?

  11. Go get them TPB by Anonymous Coward · · Score: 0

    YARRR.

  12. Don't take sides. by Snufu · · Score: 0

    Neither party in this affair deserves approbation.

  13. hope they get conficted.. by timmarhy · · Score: 2, Funny

    .. for making up such a stupid word as "spectrial". doesn't the web have enough retarded pretend words?

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:hope they get conficted.. by Anonymous Coward · · Score: 0

      doesn't the web have enough retarded pretend words?

      You mean like "conficted"? Or do you mean more like gratuitously misusing words, like e.g. "retarded"? By the way, do you have any strong views on capitalisation? I only ask as you are someone whose views on the topic of language are clearly worth listening to.

    2. Re:hope they get conficted.. by timmarhy · · Score: 1

      unlike TPB guys, i only do that shit by accident.

      --
      If you mod me down, I will become more powerful than you can imagine....
    3. Re:hope they get conficted.. by Anonymous Coward · · Score: 0

      maybe you need to review your own grammar before pointing out others mistakes, "like e.g. " is a misuse in itself.

    4. Re:hope they get conficted.. by julesh · · Score: 1

      doesn't the web have enough retarded pretend words?

      No! We should encourage them! We should set up a web site listing them. We can call them retardologisms.

    5. Re:hope they get conficted.. by Anonymous Coward · · Score: 0

      maybe you need to review your own grammar before pointing out others mistakes, "like e.g. " is a misuse in itself.

      Awww, did I omit a redundant comma? Maybe you should try using them less often yourself.

      I don't care about anyone's grammar but my own. My point was this: someone who complains about language but doesn't give a rat's arse about getting it right is a time-waster and not worth anyone's attention.

      BTW, I take it from your inability to use a shift key that you are none other than timmarhy. I don't have an account, and have no intention of creating one; while you --? You are not only a time-waster but a coward, and you have my attention no longer.

    6. Re:hope they get conficted.. by rts008 · · Score: 1

      doesn't the web have enough retarded pretend words?

      You mean like "conficted"?

      LOL!!1!

      P.S. Forget the 'Whooosh!'

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    7. Re:hope they get conficted.. by Gen.+Malaise · · Score: 1

      retarded pretend words like conficted are ok?

    8. Re:hope they get conficted.. by Minozake · · Score: 1

      e.g. = exempli gratia = for the sake of example.
      i.e. = id est = that is

      --
      http://sourcemage.org/ - Have fun :)
    9. Re:hope they get conficted.. by Minozake · · Score: 1

      Fuck me. Wrong reply-to.

      --
      http://sourcemage.org/ - Have fun :)
    10. Re:hope they get conficted.. by hydrofix · · Score: 1

      Take into account that these people are Swedish, and they speak English as a second language. Someone not-native introducing a new word to a language is always a hassle.

      Despite, I think spectrial sounds cool. Most digital copyright violation trials are spectrials nowdays anyway - they are done in order to cause panic and disruption in the filesharing community, but have a little or no effect in the big picure. These people have known for more than 20 years exactly what they are doing, and they are doing it pretty damn well. If TPB gets knocked out, there's still an array of other trackers, private and public, and even if the Torrent-protocol is outlawed and null-routed in the Internet (which, as I see it, would be the only way to stop the .torrent "madness"), people will start using new, even more stealthier, anonymous and cencorship-resistant protocols. The only way to unplug the pirates is to destroy the Internet as it is - a free, client-to-client everyone-can-publish network - and/or make every single piece of hardware in the net black-boxed, prorpriatery and implement 100% cryptographical DRM everywhere - we all know this is impossible. Still it wouldn't stop the pirates: such would only cause a huge garage-type black market for DRM-free hardware, and those people who are interested in how their computers work would soon start building private, underground parallel networks that are co-operatively funded and backed by the local filesharer communities, and which are resistant to state and corporate control by the same constitutional rights the corporations operate in.

    11. Re:hope they get conficted.. by Anonymous Coward · · Score: 0

      I love how the people here with high UIDs make idiots of themselves on a regular basis.

    12. Re:hope they get conficted.. by Minozake · · Score: 1

      At least I'm not an AC and doing shit, and I'm admitting my mistakes.

      --
      http://sourcemage.org/ - Have fun :)
  14. "Spectrial" business? So who is running this show? by D4C5CE · · Score: 1

    Why are they doing this?

    They are not doing this, the ones who had them searched, seized and accused (apparently in an attempt at rather sweeping application of the respective statutes) do, and with an axe to grind have brought this spectrial upon everyone involved in the first place.
    It is in the public interest (of the people in whose name the judgement is to be rendered) that criminal proceedings be as public as possible. What greater favour could the accused do to this cause than to help educate potential perpetrators about the legal limits, by organising the broadcast of what might become their own conviction (or acquittal, for that matter - in which case it is every bit as important for everyone to know which of their freedoms have not been restrained by ambiguous rules).

    TPB was rumoured to be a tracker (automagically compiled index), not a host to infringing material last time I checked.

    Just ponder for a moment on what it might also mean for references and hyperlinks set by everyone else in the country (including search engines of all sorts) if they were convicted...

  15. The future of file-sharing by castrox · · Score: 2, Interesting

    The future of file-sharing will be just like the old days, only better!

    While it's nice with torrent sites and all, it enables anyone to see who's downloading and uploading what on a single torrent. This clearly is the approach copyright holders are going to take in Sweden.

    Now, I agree that the artists should be able to make money. Just not these silly amounts they dream of! The cost of creative works is declining every day with the availability of the heaps of content already available from many decades and even centuries. "New" is a thing fewer and fewer appreciate when faced with all this other older, great, music.

    In the older days, we could not lay our hands on that content. Come Internet, the market completely changed. (Thinking of the "Long tail"-concept. Amazon: http://www.amazon.com/Long-Tail-Revised-Updated-Business/dp/1401309666/ref=pd_bbs_sr_1?ie=UTF8&s=books&qid=1234693596&sr=8-1)

    Hey, we've got at least 16 gigabytes of USB thumb drives! It will be just like passing dope in the hallways. It's insane, the amounts of data easily transferable from friend to friend. Kill Internet file-sharing and see the music market stagnate because no one is buying shit they didn't even hear about. New single-album-artists will take decades to market!

    Meanwhile, real artists with real skill will sell as they always has been. They won't be making millions off records or digital copies, but will have to lift their asses to go touring and give the consumers something they are willing to pay for.

    Bye bye Karma

    --
    Fight for your digital freedom, join the EFF *now*: http://www.eff.org/support/
  16. Well written primer for upcoming Pirate Bay trial by VinylRecords · · Score: 2, Informative

    http://www.salon.com/tech/giga_om/online_video/2009/02/15/the_definitive_primer_to_the_pirate_bay_trial/index.html?source=rss&aim=/tech/giga_om/online_video
    Janko Roettgers for Salon.com wrote an excellent summary of previous events and a preview of what to expect regarding the trial of the Pirate Bay. Should bring anyone up to speed on the trial.

  17. Re:I'm confused. by Anonymous Coward · · Score: 0

    This is why I hate yanks you get fucked off about being over shadowed by Australians. Americas time has been and gone and now its Aussies turn so shut up you stupid fat wanker.

  18. The problem with piracy? by jamesmcm · · Score: 1

    I don't see the problem with piracy to be honest. Any commodity that can be copied freely is (monetarily) worthless. They just need to realize there is going to be no money in album sales, etc. and this might mean that there are less bands, movies, etc. but I think that is better than a future of heavy DRM and giving Free money to the **AA (see blank media taxes).

  19. Denmark Blocks Pirate Bay by Anonymous Coward · · Score: 0

    Ãstre Landsret har ved kendelse af 26. november 2008 stadfæstet fogedrettens kendelse af 29. januar 2008, hvorefter Sonofon A/S er blevet pÃ¥lagt at hindre sine kunders adgang til www.thepiratebay.org.

    PÃ¥ baggrund af kendelsen fra Ãstre Landsret har TDC besluttet at spærre for adgangen til siden.

    TDC har ikke foretaget nogen registrering af dit besÃg pÃ¥ denne side.

  20. Re:Well written primer for upcoming Pirate Bay tri by astralpancakes · · Score: 1

    That's pretty good, though it should probably be pointed out that this case will go through all three levels of the Swedish courts, and it's likely to take years for the final decision to come about.
    A guilty verdict would require proof of intent, which isn't impossible. The amounts they are suing for are likely irrelevant, however, as Swedish law only allows to sue for actual damages. The lawsuit lists specific albums, movies, games and so on, and it's unlikely (to say the least) that the prosecution will be able to produce proof that their losses from those add up to the amount they're suing for.

    Anyone interested in Swedish law as relating to this case should check out this, btw: the former Swedish minister of justice is believed to have ordered the raid on TPB under pressure from the US/media industry. This would be, under Swedish law, highly unconstitutional.

  21. +1 Flamebait, or +1 Troll.... by rts008 · · Score: 1

    Neither party in this affair deserves approbation.

    [emphasis mine]

    Keep your Roman Catholic canon law out of the discussion.

    Why do you all* have to insist on this crap?

    BTW, I have already taken sides, ostrich boy...keep hiding your head in the sand with your ass in the air! It will keep me entertained.

    *religious nut-jobs

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:+1 Flamebait, or +1 Troll.... by Minozake · · Score: 1
      --
      http://sourcemage.org/ - Have fun :)
    2. Re:+1 Flamebait, or +1 Troll.... by Anonymous Coward · · Score: 0

      keep hiding your head in the sand with your ass in the air! It will keep me entertained.

      Kindly refrain from posting your homosexual fantasies here.

  22. Disgruntled 'buggy whip' maker are we?...GTFOI!!! by rts008 · · Score: 0, Flamebait

    ...Who the fuck is going to work 40 hours a week for free when they have bills to pay?

    The same that do so now. Get over the fact that not everyone subscribes to your world view.

    Go away, troll...you are not wanted or appreciated here. Your Jurassic Park business model is on the 'endangered list'. Get over it, and move on...and STFU- no one is interested!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  23. Be Carful for what you wish for. by jellomizer · · Score: 1

    Just as the growth in Open Source Software created a growth to Out Sourcing [wikipedia link to reference] this could have unknown consequences. The world economy and the worlds trade laws were based around physical goods. Where in order copy and break say American Copywrite/Patent laws it still required a fair amount of work. Having to purchase the original, reverse engineering, then reengineering build it work out how to optimize the manufacturing proces... While it was still frowned at it was mostly let alone, because it took a determined individual or group to get this done and it is usually just cheaper and easier to purchase the product anyways. Now with Digital Media people have a hard time understanding value in it. As they don't have a physical device they can hold (Like back when I was a kid I saved up for months to get a Copy of DesqView (A program that allowed DOS to multi-task), When I got it and opened it up it was on 1, 3 1/2 floppy, oddly enough I felt rather disappointed in that, although it was a good program for its day, and it did what I wanted it to do the fact that I spent all this money for 1 floppy was kinda disappointing.) But just because people have a hard time understanding the Value a information it doesn't mean it doesn't exist, or should be shared freely, freedom of speech is the freedom of Ideas and views. However freedom of data and precise replications are much different, the original data does take take and effort from person/people in which they should be compensated for their work. Even if it is a faceless corporation you need to realize most of the money ends up to a bunch of faces. Companies don't need money or have money... People do, money is not a raw material but a an abstract idea where people agree on value.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  24. Nothing will come of it by antiaktiv · · Score: 2, Informative

    The Pirate Bay is not located in Sweden any more. If the people behind it are convicted they will be a couple million dollars in debt, but nothing will actually happen to the website.

  25. Only on the level of DNS, so we can fix that! by Inf0phreak · · Score: 1

    May I recommend taking a look at http://www.thejesperbay.dk/ then?

    --
    ________
    Entranced by anime since late summer 2001 and loving it ^_^
  26. What should be done about piracy by Sklivvz · · Score: 3, Insightful

    Hey, does anybody think that The Pirate Bay is so successful because it's actually doing what the media companies should be doing? That is, letting people watch a couple of shows almost in real time and not six months later, or listening to a CD before deciding whether to buy or not?
    Media companies have spent all their energies in actually NOT giving to consumers what they want that consumers are fighting back and having things their own way.
    This is good. This is democratic. Defending a company over their consumers is idiotic and short sighted.

    1. Re:What should be done about piracy by shutdown+-p+now · · Score: 1

      Hey, does anybody think that The Pirate Bay is so successful because it's actually doing what the media companies should be doing? That is, letting people watch a couple of shows almost in real time and not six months later, or listening to a CD before deciding whether to buy or not?

      I actually think a much better example to compare to is allofmp3.com and its ilk. It shows that people are perfectly willing to pay (and the prices on those websites did go up as demand rose), if the price is not too high and the service is convenient - large selection, no DRM, freely pick any format and bitrate as desired.

    2. Re:What should be done about piracy by Anonymous Coward · · Score: 0

      Well the navy should send pirates to the bottom of the sea.

      Hmm, I'm confused, the title is about piracy but the text is about illegal copying.....

  27. ex post facto by CFD339 · · Score: 2, Interesting

          I don't know Sweden base of laws at all -- but I would suggest you don't assume that "ex post facto" is unavailable to their law makers. Its supposed to be impossible here in the United States, but over the last several years several laws have gone into effect with retroactive components. I've never understood how that is possible here at all. Yet, we all sort of agree that it is and so it is. Someone mixed up law with philosophy and reintroduced religion. It hasn't been good.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
    1. Re:ex post facto by worthawholebean · · Score: 1

      Ex post facto has a relatively narrow legal interpretation in the U.S. - essentially, it only means you can't *increase* punishments in a criminal case retroactively. Decreasing punishments is (and should be) fine.

      See Calder v. Bull. Note that compulsory sex offender registration is not considered a punishment by SCOTUS.

      Disclaimer: IANAL

    2. Re:ex post facto by Wrath0fb0b · · Score: 1

      Out of curiosity, can you cite any particular European (or other, well-settled democracy) country that has passed a law that criminalized conduct ex post facto? Even more to the point, has anyone actually been punished for an activity that wasn't illegal at the time it was committed?

    3. Re:ex post facto by Wrath0fb0b · · Score: 1

      While we at it, can you please cite whatever US laws you think "have retroactive components"? I'm really at a loss.

      Wikipedia's page indicates that ex post facto laws are, in fact, invalid in most of the first world. http://en.wikipedia.org/wiki/Ex_post_facto_law

    4. Re:ex post facto by Wrath0fb0b · · Score: 2, Informative

      Finally (man, i'm just spewing comments today):

      In Sweden, retroactive penal sanctions and other retroactive legal effects of criminal acts due the State are prohibited by chapter 2, section 10 of the Instrument of Government (Regeringsformen).

      So much for that theory.

  28. Perspective on Piracy by jac515 · · Score: 1

    Beyond the debate of "the media companies are abusive and use DRM" verses "You are stealing the livelihood of hard working content creators", I would like to present an alternative way of looking at copyrights and piracy. While most p2p users most likely primarily use p2p because it's convenient and free; using p2p to infringe on copyrights can also be seen as a rejection of the institution of copyrights. The institution of property is one approach for allocating scarce resources. Property attempts to avoid the "tragedy of the commons" by utilizing markets to ensure the property ends in the hands of the highest value user. Applying property rights to intangible goods, however, is highly dubious. The assumption is that many of these goods will not be produced absent the ability to extract monopoly rent for a prolonged period of time. However, in an age where marginal cost of copying is close to zero, applying property rights is actually creating scarcity where it wouldn't otherwise exist. The claim that, without the ability to extract monopoly rent, many copyrighted works would never be produced, bears only limited merit. Some types of copyrighted works, with production budgets in the tens or hundreds of millions of dollars, may not be produced without some method of funding. Yet large scale collaborative projects, such as Linux or Wikipedia, demonstrate that large scale production can take place without exercising property rights to create scarcity. Thus, my argument is that production of culture and information will not cease, and has the potential to thrive absent intellectual property rights.

  29. Is the worst case scenario really that bad? by Anonymous Coward · · Score: 0

    So, the absolute worst case scenario for ongoing unrestricted file-sharing is that all content providers go out of business and the only entertainment left is amateur stuff that people make for the sheer love of it, news and current affairs, sports and live events. I'm probably in a very very small minority, but that sounds perfectly acceptable to me. People are sure to grumble, but nobody's going to suffer too much if they can't have movies and television shows. Hell, it's not like we're talking about life saving drugs or anything.

  30. Re:Well written primer for upcoming Pirate Bay tri by Anonymous Coward · · Score: 0

    But hasn't he already been let of the hook by Justitieombudsmannen and Konstitutionsutskottet?

  31. What suppliers should I like instead? by tepples · · Score: 1

    you think the correct solution is to revert to anarchy where anyone can do anything they like regardless of the law, rather than simply not using products from suppliers you don't like

    What suppliers should I like instead? And how do I encourage other members of the family to like them? And how do I "not use" the background music piped into every grocery store?

    Not being able to listen to a bit of music without coughing up less than a dollar for it at an online download service

    Which online download service charges "less than a dollar for" a Beatles song?

  32. TV will never die. by Fantastic+Lad · · Score: 1

    All other arguments aside. . , and please, ALL of them, the bottom line here is the whole "bread and circuses" thing.

    Movies and television entertainment programming will only die when the empire falls.

    Mind control via media is simply too important to lose, and the media owners know this. --And the most powerful advertising has nothing to do with overt station breaks. If the main character in a show is sipping a coke, or beating up a 'terrorist' then that's just as effective, if not more so, than placing a traditional ad spot. You can't really put up full-on propaganda ads and get away with it nearly so easily.

    The entire file-sharing alarm is a four-part combination of. . .

    1. Stupid hubris on the part of the pirate, (My downloading actually matters).

    2. Greed from low-level management who don't understand the system they're employed by, (Self-explanatory).

    3. Clever distraction, (What REAL story will be going down during TPB nonsense?)

    4. A wonderful excuse to make sure everybody is guilty. (If the offense is globally condemned, which it will be, then you get to put pretty much anybody in jail except the most conservative wankers who would probably support your flag even if it is planted in a pile of burning homeless people. You know who you are.)

    -FL

  33. I have a dream (the remix) by Tikkun · · Score: 1

    A dream that one day every man, woman and child can read, listen, watch and create derivative works from, this great cultural engine that we call the Internet.

    I have a dream that one day children will watch cartoons, take the audio out of them and make music videos from them.
    I have a dream that one day college students will take video from news sources of corrupt politicians and lambaste them with whatever culturally relevant changes they see fit.
    I have a dream that one day adults will download movies, watch them with their friends who may or may not be in the same room and write about what they thought about it afterwards, with clips from the parts they see as important.
    I have a dream that every poor child in the world who can get to a library with Internet access will be able to download every book they need to learn, not just to be more economically productive, but so that they can expand their minds wherever they wish to take them.

    I have a dream today.

    Why do I have this dream today? Because I have been to this place. I have grown up in it. I have seen the attempts to stifle it with the law, with lawyers and with money. But not just information wants to be free, people want to be free too. I see people trying to build this, share this, today. The technology we need to do this is here right now and just as people forsook the chains of the quill and ink for the printing press, so will people forsake the chains of the printing press for the Internet.

    And when this happens, when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of humanity, black men and white men, Jews and Palestinians, Protestants and Catholics, will be able to join hands and sing in the words of the old spiritual:

    Free at last! Free at last!
    Thank God Almighty, we are free at last!

  34. Money, if it ever did, knows no nations. by jeko · · Score: 2, Insightful

    You miss the target by focusing your anger against "Americans." Sweden's sovereignty isn't being tested against America -- it's being tested against the power of multinational corporations that owe no one nation any allegiance.

    The average uneducated man in Saudi Arabia will tell you he hates America, because he's been taught so by his leaders. "America" makes a handy scapegoat. You could replace "America" with any other string, and the situation wouldn't change. The average uneducated American will tell you he hates Commies and Terrorists, but the situation is the same. They're just parroting what they've been taught.

    You're caught in the same trap. You think that Disney, et al, care about and represent "America" because those corporations were born here.

    They don't. They could care less about this country. They could care less about ANY country. Sony and NEC don't care about the average salaryman. Wipro doesn't care about the misery in India. Nokia couldn't care less about the average Finn. BMW doesn't think their primary responsibility lies with Mutti and Sauerkraut. IBM and Goodyear sold to both sides DURING the war.

    The men who run these companies love money, and only that. They dump their children on hirelings to raise. They run through women like fashion accessories. They don't respect the past. They don't worry about any future beyond their own. Their one concern, their only interest, is the accumulation of wealth, even when they've gathered so much that an increase of it would pretty much only be a theoretical concern. They look at masterpieces and admire only the price tags. They see athletes set records and think only of the endorsement dollars. They have no appreciation for science whatsoever beyond patent royalties. They idolize Bill Gates and Steve Jobs. They've never heard of Steve Wozniak and Paul Allen.

    The threats against your sovereignty don't come from "America," though the US government might currently be the lever used against you. When the US is a ruined husk -- and we're well on our way, mind you -- the men who threaten you will move on to another place and threaten you from there. When you eliminate the "American" threat, they'll find another cat's paw in China, in India, in Europe -- anywhere politicians can be bought and sold like cattle, which is pretty much anywhere on the whole damn planet.

    I'm not pretending I have a solution for this. Libraries around the world are filled with books screaming that unrestrained greed is killing us. It's a cancer that has ruined untold societies, be it Rome collapsing under its own weight or the Rapanui destroying their own agriculture. We never seem to learn.

    Just don't kid yourself that it's just the Americans causing the problem. The world was wrecking itself well before 1776 and it'll still be wrecking itself long after we're gone, which at the rate we're going should be sometime early next week...

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:Money, if it ever did, knows no nations. by dotancohen · · Score: 1

      Actually, I wasn't jumping on the anti-US bandwagon with this one. I meant that some entities (*IAAs) from very far away (The last A in *IAA) are influencing Swedish legal proceedings. Had there not been that last A in *IAA then I would have left out the American part, or rephrased it.

      Other than that, you make very valid points.

      --
      It is dangerous to be right when the government is wrong.
  35. What's the IP? by Snaller · · Score: 1

    Since I'm on one of those ISP who are blocking access to the piratebay I can't see the site TFA is linking to, anybody got an IP?

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  36. One of the TPB guys on twitter by Snaller · · Score: 1

    Gottfrid Svartholm is now on twitter:

    http://twitter.com/anakata

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  37. Arrested Development??? by Viper233 · · Score: 1

    "I am going to make a spectacular protest....a protestacular" -GOB BLUTH

    I love that show... maybe just a little too much

  38. hail TPB by xcranky · · Score: 1

    When you have six million people breaking the law, it's the law that needs changing, not the people

  39. On the air, Finland by Anonymous Coward · · Score: 0

    A radio is open behind me. The reporter just said that the real criminals are the ones who created the technique to share files in a decentralized manner (ie. torrents). What an ignorant baffoon.

  40. Re:Disgruntled 'buggy whip' maker are we?...GTFOI! by cliffski · · Score: 1

    Wow. what drivel

    --
    DRM-free indie games for the PC and Mac: Positech Games
  41. Finally, no more internet! by Anonymous Coward · · Score: 0

    I download files through thepiratebay.org but ultimately from other persons' computers all the time. What they are doing is linking to other files. This is not illegal. Search engines do the same thing. They are linking to someone else. They know that illegal activities happen but they are unable to do much about it, like how microsoft can't and how mac can't. And intel can't. Why is it thepiratebay.org's fault I download things? If they went away I would just go to yet another of the THOUSANDS of torrent sites out there. Perhaps the person we should be suing is intel for making my motherboard. They knew that some people who purchase their hardware would commit illegal acts with it, yet they still sold them! Or perhaps the electric company. They are 100% positive at any given time somewhere, someone is committing an illegal act using something electric. BUST THEM BEFORE THEY COMBINE WITH WATER WORKS AND THEN WE'RE REALLY IN FOR IT.

    The pirate bay is probably the least useful tool in downloading torrents from their site. I'd say the computer is more of the accessory to illegal downloads.

    If they are convicted, their country is saying basically you can't link to a website or data which you know contains unauthorized copyrighted material. Do you know what would happen to the internet if this view became prevalent?

    Guess what I'm suing google.com because they came up with a link to a site that has a video with my copyrighted song in it! Goodbye youtube and myspace and facebook and every other site in the world that allows anyone to upload anything, because it could be a picture from a tv show or have a picture where you're wearing a t-shirt that you bought but didn't license for redistribution.

    PS, do we have any larger more important issues on earth than 'accessory' to copying someone else's ideas without paying for them? Oh wait I forgot we don't have real crime anymore right?

  42. Face reality.. by Anonymous Coward · · Score: 0

    I'm a realist. I see things how they are, and not how people would 'like' them to be. The reality of it is, and I don't care what your argument is of 'copyrights' need to be protected. The point is mute when it comes to music and video. A two year old child can rip or copy a cd or dvd or mp3. It takes no skill and is readily available to virtually anyone with a computer, which are more available now than ever before.

    The reality is... this outdated media copyright 'rule', simply cannot be enforced anymore. So you can kick and scream and complain and sue all you want. It simply doesn't matter anymore. It can't be enforced. Doesn't matter how hard you try... DRM, lobby for what ever law, sue everyone you know.. it can't be enforced.. Your trying to stop computers from duplicating data.. and well. that is its very nature.

    Many bands 'still' make money, only thru different revenues. A 'law' is not a law. It's rule given the power of law, as LONG as the majority of the public decides to abide by it. And in this case like many others (marijuana laws come in mind), that a majority now choose to not abide by. It's power is taken away. That is the reality of it.

      Take the emerald triangle in California... the DEA still tries to enforce a law that has no real power anymore. And they fight a battle they can't win and has no effect no matter how hard they try. The public decided, it is not a law anymore.. and that's that. It doesn't matter if a particular organization thinks otherwise. The reality of it is, it can't be enforced. Wake up and face it.

    1. Re:Face reality.. by maxwell+demon · · Score: 1

      Well, let's see ...

      "I'm a realist. I see things how they are, and not how people would 'like' them to be. The reality of it is, and I don't care what your argument is of 'property rights' need to be protected. The point is mute when it comes to land. A two year old child can walk over your land. It takes no skill and is readily available to virtually anyone with legs, which are as available now as ever before.

      The reality is... this outdated propoerty rights 'rule', simply cannot be enforced anymore. So you can kick and scream and complain and sue all you want. It simply doesn't matter anymore. It can't be enforced. Doesn't matter how hard you try... fences, lobby for what ever law, sue everyone you know.. it can't be enforced.. Your trying to stop people from walking on land.. and well. that is their very nature."

      The real question is not how effective a law can be enforced (after all, the law that people may not kill each other seems to be very hard to enforce, yet no one I know wants it removed). The real question is what effect the existence or non-existance of the law has on the society, and then decide which one is better.

      I think the current copyright laws are bad. Not because they are hard to enforce, but because they make for a worse society. I'm not sure that removing all copyright laws would be the best solution, though. Instead, copyright law should be reworked to be reasonable. Give relatively short protection times (after all, why should you be entitled to earn money on things your grandfather wrote long ago), restrict the rights of third-party rights holders (i.e. anyone who didn't himself create that work) and forbid any technical measures to disable legal use of the content (including, but not limited to fair use).

      --
      The Tao of math: The numbers you can count are not the real numbers.
  43. Death to copyright by Anonymous Coward · · Score: 0

    Lets hope that the so called copyright laws will soon be derogated and all the people that supports them will be severely punished.

    Copyright is a crime against humanity, it is a violation of fundamental human rights.