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Pirate Bay P2P Trial Begins In Sweden

Many readers are writing to tell us that The Pirate Bay trial is now in full swing in Sweden. Looking at a possible two years in prison and $150,000 in fines (plus another $14.3 million if the record companies get their way), the battle of infringement is sure to be one of the most watched p2p trials. "The International Federation of Phonographic Industry (IFPI) which is representing the case of music and film producers, made a statement about the case on Friday. Stating, For people who make a living out of creativity or in a creative business, there is scarcely anything more important than to have your rights protected by the law. Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV program maker - can choose how their creations are distributed and get fairly rewarded for their work. The operators of The Pirate Bay have violated those rights and, as the evidence in Court will show, they did so to make substantial revenues for themselves. That kind of abuse of the rights of others cannot be allowed to continue, and that is why these criminal proceedings are so important for the health of the creative community."

723 comments

  1. A Strawman for the Symptom by eldavojohn · · Score: 5, Insightful

    I'm saddened by this not because I think the Pirate Bay operators are innocent but because I feel they're an easy target to set precedence on.

    Meanwhile, the real issues at hand continue to get worse and go unaddressed. Like the fact that the EU just extended music copyright to 95 years (maybe in an effort to catch up with the United States?). Or the fact that people who collect digital music en masse couldn't possibly have bought it all in the first place. Or the important differences between illegal digital distribution and traditional theft of goods or money.

    No, unfortunately, the IFPI/RIAA isn't going to figure out a way to cope with new awe-inducing technologies. The court system isn't going to earn any respect from its citizens. Musicians aren't going to be rewarded anymore than they already are. The free market will suffer from DRM. And people who depended on seeds and traffic for legal reasons from these sites are going to be left shit outta luck.

    I feel like we're stuck with a bunch of dinosaurs concerned only with their self preservation when the fact is that they leach so much money from the system that they simply can no longer be a part of it. Songs cost $1 to download when they should cost 11 cents with ten cents going to the artist and one cent going to the host/distributor.

    This trial isn't a solution and we all know how it's going to end. Work out solutions that really plague the system and piracy will go away.

    --
    My work here is dung.
    1. Re:A Strawman for the Symptom by Ieshan · · Score: 0, Flamebait

      Meanwhile, the real issues at hand continue to get worse and go unaddressed. Like the fact that the EU just extended music copyright to 95 years (maybe in an effort to catch up with the United States?). Or the fact that people who collect digital music en masse couldn't possibly have bought it all in the first place. Or the important differences between illegal digital distribution and traditional theft of goods or money.

      Unfortunately, while all of these are real and relevant issues, the people pirating on the pirate bay, in large majority, just don't care about any of them.

      If Copyright were only 1 year, do you really think that people wouldn't still be pirating films by aXXo the day of DVD release?

      The Pirate Bay is about theft, plain and simple. It may be true that the monetary losses are not nearly what the record companies claim, and it may be true that the media conglomerates are really out for money for themselves rather than to support the starving artists, but the propaganda is propaganda on both sides.

      People pirate movies because they want to watch movies without paying for them. If you're one of the unique snowflakes that pirates movies because you bought every DVD on earth and just want a nicer and non-DRM format, that's cute. But you are not the majority. The majority are thieves.

      I think once BOTH the *IAAs and the pirates have a little bit of self-realization is when some real work can be done on copyright. But the pirates are every bit as self delusional as the record labels right now.

    2. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 5, Insightful

      Dear music/movie/TV shows corporations/companies/whatever:

      The only way to make piracy go away is to make your goods available to everyone (1), at a fair price (2) without the DRM (3) and in standard formats (4).

      1: drop the damn "only available to countries x,y and z" crap
      2: 1$ for a tune and 2$ for a single episode of a TV show is a rip-off
      3: the music industry finally understood that part, though they increased the price of new tunes by 30 cents
      4: hopefully, MP4 (AAC and H.264) are becoming the norm instead of that hack of a format that is DivX (fucking AVI container from hell).

    3. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Insightful

      I think it's naive to say that piracy will ever go away. If you give people value for money and don't treat them like criminals from the get go however, then you will most certainly see a major drop in pirated content. The trick as always is make it easy for people to spend money and make them not regret it.

    4. Re:A Strawman for the Symptom by Sparton · · Score: 5, Interesting

      Songs cost $1 to download when they should cost 11 cents with ten cents going to the artist and one cent going to the host/distributor.

      Well, if we're dealing with iTunes (the biggest and most popular distributor of music that I know of), don't forget that Apple takes it's 30%, not ~8% you infer would be fair. That leaves 70% for the artist and the label (if appropriate) to deal with (and you can really do without the latter in many cases).

      Also, I don't think that most artists could live off of 10 cents a song for downloads (or the $1-1.5 an album) unless they have a very good PR plan/comity to not get lost in the giant sea that is the iTunes store.

      Mostly, I think our disagreements stem from the numbers, which are easily adjustable. At least we agree that the methods could change (and roughly what directions to go from what we currently have).

    5. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Informative

      they're an easy target to set precedence on.

      I think the word you are looking for is "precedents".

    6. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Um, no. Trying checking a dictionary, m'kay?

    7. Re:A Strawman for the Symptom by K.os023 · · Score: 5, Insightful

      The Pirate Bay is about theft, plain and simple. [...] but the propaganda is propaganda on both sides.

      It would appear that one side's propaganda is working. There is no theft in piracy. Unauthorized copying, yes, but no theft. This has been explained countless times here. I find it saddening that even here on slashdot, we hear people who bought the "theft" propagands from the *IAAs.

      --
      Ahhh, what an awful dream. Ones and zeroes everywhere... and I thought I saw a two.
    8. Re:A Strawman for the Symptom by skrolle2 · · Score: 5, Informative

      The Pirate Bay is about theft, plain and simple. It may be true that the monetary losses are not nearly what the record companies claim, and it may be true that the media conglomerates are really out for money for themselves rather than to support the starving artists, but the propaganda is propaganda on both sides.

      No it is not, it's about copyright infringement. Calling it theft is part of the propaganda of one of the sides in the debate, and it's rather ironic that you argue against it in the same sentence.

      Also, I think you are wrong in your assumption of why people pirate movies, it's not because it's free, it's because it's convenient.

    9. Re:A Strawman for the Symptom by smitty97 · · Score: 2, Funny

      5. ????
      6. Profit!

      --
      mod me funny
    10. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Informative

      theif, theif, theif...

      This is the lie I hear more than all others. It's COPYING not STEALING.

    11. Re:A Strawman for the Symptom by BlueStrat · · Score: 4, Insightful

      If Copyright were only 1 year, do you really think that people wouldn't still be pirating films by aXXo the day of DVD release?

      If copyright was only 1 year or even just the original period before extensions, AND prices actually reflected the market while DRM and similar value-robbing things were done away with, then I'd argue the Pirate Bay and the other examples of questionably-legal distribution wouldn't exist in any meaningful way.

      People are lazy. If they could buy an unencumbered product at what are perceived to be low & fair prices, they wouldn't bother to pirate and there would be no Pirate Bay or its' ilk.

      Massive piracy and disregard for copyright laws happens because consumers find it the only avenue to get the product they want, at non-extortionate prices, and in unencumbered formats that don't hinder their enjoyment and fair use. Remove these obstacles and piracy would go back to meaning something that occurs at sea.

      Cheers!

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    12. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      How are they innocent..

      I understand their argument and think they have a fair chance of getting off on technical issues.. But that just shows the legal system is messed up. I don't think anyone here wouldn't really see their true reason for hosting this site.

      A. Their product tailors specifically for pirating.

      B. They make money off it which in my mind is the true crime. Offering the service for free is one thing which they could perhaps get away with but making money off it layers another level of "no no".

      Its true legal materials could be sent over their service but are you really going to go to "Pirate Bay" to get legal software? Do you go to a brothel to just get a bed?

    13. Re:A Strawman for the Symptom by the_one(2) · · Score: 2

      With a price of ~10 cents people could afford to buy a LOT of music. Many people wouldn't hesitate to buy a thousand songs. A lot of people would probably use the same downloading style they use for torrents, i.e downloading every song an artist made if they like the artist.

    14. Re:A Strawman for the Symptom by Yvan256 · · Score: 5, Interesting

      The Pirate Bay is also a source to bypass the industry, which sometimes works against itself.

      As an example, I have bought "Colossus: The Forbin Project" on VHS tape years ago. It's in widescreen.

      Now, Universal, the owners of that title, butchered the North American DVD release by making it a 4:3 pan and scan title. They have no respect for their own property. There was some backlash on a lot of forums, and the UK release was made widescreen (not sure it's because of the backlash, but who knows). I've heard that they even butchered the interlacing on the UK DVD, to make things even worst.

      So here's the problems:
      1. If we go by the MPAA's terms of "buying a viewing license" for movies, I already paid my license for this movie when I bought the VHS tape.
      2. Even if I was willing to pay the license AGAIN for the DVD, they botched the North American release DVD (4:3 instead of widescreen)
      3. Even if I was willing to import the UK DVD, it wouldn't play in my DVD player
      4. The only possible way to get a good digital copy of that movie would be to import the UK version and fix the interlacing problem while ripping it. But in some countries, ripping the DVD is also illegal, even though you bought the damn thing.

      So, legally, the only good commercial version available for that movie still seems to be the LaserDisc. And we're In 2009. If that's not a good example of the industry being a slow dinosaur that can't even take care of its own products, I don't know what is.

    15. Re:A Strawman for the Symptom by an.echte.trilingue · · Score: 3, Insightful

      The Pirate Bay is about theft, plain and simple.

      Dude, are you trolling? Why can we not discuss this issue without some idiot like you hijacking the thread? Look, copyright infringment is not theft. You can argue the im/morality of copyright infringement all you want, and I and many others might agree with you if you argue that it is wrong and can support the statement.

      However, copyright infringement and theft are not the same fucking thing already. Jesus.

      --
      weirdest thing I ever saw: scientology advertising on slashdot.
    16. Re:A Strawman for the Symptom by ObsessiveMathsFreak · · Score: 5, Interesting

      The Pirate Bay is about theft, plain and simple.

      I had a calculator once. It was a nice little Sharp model. It had a button for pi, and could even do numerical integration. I was pretty happy with it. One day, it was stolen. This theft left me calculatorless for some time. It was somewhat of a blow.

      However, if instead, someone had looked at my calculator, taken out a 3D tricorder-mapper-duplicator-thingamabob and had made an exact copy of my calculator, complete with all functionality, and left me with mine, I don't think I would have been quite as upset. In fact, I think you will agree that if I ran around waving my calculator in the air claiming that it had been robbed from me and that I was a victim of "theft", I would not get a lot of sympathy. Indeed, some might even say my terminology was not entirely correct. If all this happenned, I would still have my calculator, which after following the actual theft I most certainly do not.

      Copyright Infringement is not theft. Nor is it stealing. It is Copyright Infringement. Thank you for your attention, and for your sympathy in the case of my missing digital companion.

      --
      May the Maths Be with you!
    17. Re:A Strawman for the Symptom by rudeboy1 · · Score: 5, Insightful

      I couldn't agree more. The last 3 movies I've seen in a theater were without exception ruined by either other movie-goers, or another factor like idiotic theater staff or sticky floors. I LOVE movies, but I'm almost to the point of swearing off going to the cinema.

      I might or might not pirate movies from time to time, but if I did, the vast majority of them would be movies I've seen before, usually in the theater. While I wouldn't be paying for these hypothetical movies, it is a matter of convenient acquisition of movies, so that I can access them anytime I want and watch them at my convenience.

      I DO pay for a Netflix subscription. Which, when combined with my XBox, allows me to access a lot of movies at almost the same convenience factor of the ones sitting on my hard drive. This is an example of turning someone who might or might not have pilfered the occasional torrented movie into someone paying a fair price for a fair shake. Netflix does include a measure of DRM, essentially making it impossible (that I am aware of) to copy the streamed moves to disc- or if you can, it would equate to copying a song off the radio-post stream and all that. However, Netflix applies this DRM without making me feel like a criminal for trying to access my content in a normal manner.

      This is the ONLY example of a major media outlet actually taking advantage of new technologies to expand their offerings. But I think that has a large part to do with the fact that Netflix IS the new technology. I'm sure Blockbuster would love to claim the part of the victim of new technology of they had a foot to stand on. From what I hear, they are circling the drain these days as a direct result of Netflix' market share.

      --
      Raging in an online forum won't do anything for the world around you. To see change, you must take action.
    18. Re:A Strawman for the Symptom by rzei · · Score: 5, Insightful

      I do not think TPB is about theft.. Or at least that's not what made it so popular, here's the real deal:

      1. People, in this case, young people who know how to use the Internet got a thought they want to watch the same movies/tv-shows premiering in the USA allaround the world
      2. People search for a legal alternative, which in this case was and still is: wait. There's a chance you can in next N months:
        • Go watch the movie in theaters, if movie is a blockbuster (N < 12)
        • Go rent the movie, if movie is a blockbuster (Ntheater + [1, 6])
        • Hope that your local TV-channel airs the show (N > 12)
        • Hope that you can one day buy the show on your region DVD (N > 18), region 1 (N > 24)*

      With this new cool Internet, where news about everything travels at lightspeed, and stuff gets old faster than yesterdays newspaper, people want to see their films now, not in 12 months.

      * It's not legal to watch Region 1 DVD's where I live, as I live in Europe. Alas, not even watching DVD's under linux is legal here anymore.

      I at least, have contacted for example Fox, on how to view some of their series legally from here, but they didn't even bother. That sends a clear message to me that it's ok to download 24 from bittorrent, hell they do not even want my money, I doubt they are going to sue me if they do not want to make a deal in the first place.

    19. Re:A Strawman for the Symptom by Sparton · · Score: 3, Informative

      With a price of ~10 cents people could afford to buy a LOT of music. Many people wouldn't hesitate to buy a thousand songs.

      I don't think I agree with that. There are people who would only want to get songs from a few artists, and decreasing the price is not something that will automatically revert equal or more revenue into the same service. If anything, it just means that the need a person has for a service is met for less, and surplus revenue may just as well go to other services not even related to music/movies/games/etc in any way.

      There is a finite amount of money a person has to spend. Even after taking into account lines of credit, they can only spend so much. If any given artist is to lower their prices, then that doesn't automatically mean they would get more money from sales. We have people that look at sales trends and other factors with actual math to derive maximum profit with a product or service for this reason.

    20. Re:A Strawman for the Symptom by SanityInAnarchy · · Score: 2, Interesting

      the people pirating on the pirate bay, in large majority, just don't care about any of them.

      I would guess that there is also a large majority of them who might not have started using the Pirate Bay if some of these larger issues had been addressed.

      If Copyright were only 1 year, do you really think that people wouldn't still be pirating films by aXXo the day of DVD release?

      Perhaps not. But I think if movies cost 50 cents or a dollar to download, were released simultaneously in all regions, and were available in an un-DRM'd format, far more people would buy them than pirate them. Especially if you then streamline the process, and provide added value that doesn't exist in the pirated version.

      The Pirate Bay is about theft, plain and simple.

      Clearly, you've ignored one of the GP's "real and relevant issues" -- The Pirate Bay is not about theft. If anything, it is about copyright infringement. Moreover, it is about free culture, through legal or illegal means -- I can cite at least one probably legal documentary (Good Copy Bad Copy) which has been released via The Pirate Bay. It has also been used for leaks -- in fact, go to ThePirateBay homepage, click on the banner, and find all kinds of leaked information about Scientology.

      What's more, as long as you think the way you are thinking, you are simply not equipped to fight piracy. Regardless of the trial in Sweden, piracy will continue, and it will only get worse. The only way to fight it is to pretend it's legitimate competition, and figure out how to compete with it.

      Speaking of which, watch Good Copy Bad Copy. You can download it from The Pirate Bay. I promise it's legal, and it's worth illustrating how it's not just a few "unique snowflakes" who are actually creating, not only without the benefit of copyright, but sometimes creating things which would not be possible if they respected copyright.

      --
      Don't thank God, thank a doctor!
    21. Re:A Strawman for the Symptom by techsoldaten · · Score: 5, Interesting

      I download various Linux distros from TPB all the time, it's faster than hitting the source sites. If the site exists exclusively for pirating, how is this pirating?

      The media hypes up the financial aspects of this greatly. Something tells me the money made off ad revenue barely covers the costs of servers, legal defenses and other aspects of their operations. I guess we will find out for real as the trial proceeds.

      I am not endorsing theft, but this is not theft, this is copyright infringement. That is not a technical difference, that is a different class of legal dispute altogether. In most cases, I don't think it is even a criminal offense, but a civil one. Do we really want the police acting as the copyright enforcers for giant corporations?

      M

    22. Re:A Strawman for the Symptom by paulmer2003 · · Score: 1

      How many fucking times does it have to be said? Copyright infringement ISN'T theft.

    23. Re:A Strawman for the Symptom by BlowHole666 · · Score: 4, Interesting

      If they could buy an unencumbered product at what are perceived to be low & fair prices, they wouldn't bother to pirate and there would be no Pirate Bay or its' ilk.

      Massive piracy and disregard for copyright laws happens because consumers find it the only avenue to get the product they want, at non-extortionate prices, and in unencumbered formats that don't hinder their enjoyment and fair use. Remove these obstacles and piracy would go back to meaning something that occurs at sea.

      I could not agree more. For example I went to go see a movie at the theater this weekend. It come my wife and I $9.25 a ticket. So why would I want to pay $18.50 to go see a movie. When I can wait 6 months for it to come out on netflix or wait for it to come to the $1 theater. The media companies fail to realize that their customers are starting to realize that they are simply getting ripped off. Now everyone has a limits of what they consider "ripped off". For example I do not feel like I am getting ripped off when I pay $15 a month for netflix. Some people do feel that way. I think the media companies need to figured out a happy medium to reduce their losses and then prosecute the rest. For example lowering the price of a song to say $.75 and then suing people who distribute.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    24. Re:A Strawman for the Symptom by trum4n · · Score: 1

      They are NOT innocent, but what they ARE guilty of shouldn't be a crime.

    25. Re:A Strawman for the Symptom by Snaller · · Score: 1

      "If Copyright were only 1 year, do you really think that people wouldn't still be pirating films by aXXo the day of DVD release?"

      Do you really think it would matter? I know people who were really looking forward to a pirate copy of Harry potter, then they were looking forward to seeing it in the Cinema, then they were looking forward to be able to buy the dvd.

      If you make quality people will buy it, if you make shit they won't. The length of time is a question of morality, even 1 year is too much. But 95 years is sick.

      "The Pirate Bay is about theft, plain and simple."

      False. You can't steal a non physical object. No stealing is going on there. But a lot of copyright violations are.

      "People pirate movies because they want to watch movies without paying for them"

      Or because they want to watch something now, not a long time from now. However the amoral copyright system screws you, you can't get your money back if you didn't like the movie. Another reason why this is not real property.

      "But you are not the majority. The majority are thieves."

      None of them are thieves, but a lot of them probably found that the industry had, yet again, tried to trick them into paying for something which had no value.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    26. Re:A Strawman for the Symptom by anagama · · Score: 4, Interesting

      Your analogy fails. What if you had invested a huge amount of money and time hiring people to program and build the machine?

      The standard line about "sharing/theft" from the p2p crowd fails to consider that the person doing the sharing is not the creator, merely a user. For a user, there is no loss with a digital copy. For a creator, who depends on the creation for income, there is a loss of potential income. At which point we get to the "I would never have paid for that junk anyway" argument, to which the obvious response is "if it has no value to you, you won't mind not having it."

      --
      What changed under Obama? Nothing Good
    27. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0, Interesting

      Semantics. 110% Bullshit.

      You get it for free when you know full well you ought to be paying for it. Theft is as good a term as we've got so far. "copyright infringement" = "getting it for free" = "theft".

      English doesn't have a specific word for it (yet) but when it does, it will be a synonym for theft. It'll mean "digital copying without paying and without leaving the previous owner empty handed", but colloquially it will still be theft.

      Grow up and stop trying to justify what you're doing with bullshit semantic arguments. Take responsibility for your actions because you should already know that you are stealing something.

      That being said, I do it too. I'm just not completely delusional like so many of you jackasses.

      I STEAL MUSIC, MOVIES and SOFTWARE DIGITALLY. I DON'T PAY, I DON'T DESERVE THEM, I DON'T EVEN OWN AN ORIGINAL COPY. I AM HONEST WITH MYSELF WHEN I TELL MYSELF THAT I AM STEALING THESE THINGS, BECAUSE I HAVE NO RIGHT TO OWN THEM WITHOUT BUYING THEM.

    28. Re:A Strawman for the Symptom by EvilIdler · · Score: 4, Interesting

      I know pirates. They don't do it only because it's convenient. For example, one network-tech I know bought an Xbox 360, and he modded it the moment he got it. He's making fat cash, yet he doesn't want to pay for a single fucking game. Meanwhile, I have bought every game for my 360 (a lot of arcade titles), and I don't even have time to play the ones I could afford. That's no small pile, mind you.

      Another person I know isn't much into games, but can he scrounge up cash for a less-than-$100 invoice program? No fucking way! It's not about convenience. Some people just don't think software is worth paying for, and movies likewise.

      P-bay and the like are nice for sampling the entertainment out there, and it's the only option for people outside the US. The nice online viewing services are entirely US-centric (or UK-centric, for the BBC's iPlayer). Getting international ad-revenue shouldn't be hard, as I've been seeing an explosion of Google text-ads for local products/services in the past year. Somebody must have the tech to know where I visit from!

    29. Re:A Strawman for the Symptom by jollyreaper · · Score: 5, Insightful

      People pirate movies because they want to watch movies without paying for them. If you're one of the unique snowflakes that pirates movies because you bought every DVD on earth and just want a nicer and non-DRM format, that's cute. But you are not the majority. The majority are thieves.

      Absolutely. That's the reason why the iTunes store failed all those years back. Same thing happened with Steam.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    30. Re:A Strawman for the Symptom by CannonballHead · · Score: 1

      Hmmm. I don't really think this entirely hits the nail on the head. (cliches are great)

      We're not talking about stealing physical property so much as stealing revenue. Granted, I'm not a fan of *IAA groups. But copyright infringement, IMO, can be theft/stealing. Let's say I offer my album on Magnatune. Let's say it ends up on TPB. Now let's say people download it on TPB and not Magnatune. That is a loss of revenue for me, correct? So, the question for ME, the artist, in that situation, is what is loss of revenue: theft or copyright infringement?

      I realize that the current situation is slightly different because of *IAA groups and all that, but saying that not paying for something and taking it anyway is NOT theft seems to be trying to call something less than what it is. Just because something is not taking the availability away from you does not mean it is not theft. Your example of a calculator is not correct; it would not have been theft from you, it wouldn't have been anything from you. We're not talking about theft from LISTENERS, we're talking about theft from artists or whatever. Or, I guess, theft from *IAA revenue.

      Again. I am not advocating *IAA actions, I'm arguing that saying that illegally downloaded music, pirated music, pirated films, pirated books, WHATEVER the electronic medium is that is being pirated ... saying that that is ONLY copyright infringement is minimizing the problem. Copyright infringement, as I understand it, has to do with taking something and claiming it is yours (e.g., you take my sheet music, put your name on it, and sell it as yours). If you take my sheet music without my permission/without paying for it, that's theft. Even if it's a digital copy.

    31. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Pirates are not your market. DRM works against the recording industry mainly because they punish the consumer while doing little to thwart actual pirates. Even effective DRM would only hinder and annoy the people who ARE your market, and if anything, decrease your sales. Pirates are NOT potential buyers, so why prevent them from stealing your work? Instead, endear yourself to your real customers - the consumers who actually buy your albums and songs. Lower prices, make manipulation of your media easy and fetter-free, and smile upon those who pay to make you wealthy.

    32. Re:A Strawman for the Symptom by Hybrid-brain · · Score: 1

      The Pirate Bay is about theft, plain and simple. It may be true that the monetary losses are not nearly what the record companies claim, and it may be true that the media conglomerates are really out for money for themselves rather than to support the starving artists, but the propaganda is propaganda on both sides.

      No it is not, it's about copyright infringement. Calling it theft is part of the propaganda of one of the sides in the debate, and it's rather ironic that you argue against it in the same sentence.

      Also, I think you are wrong in your assumption of why people pirate movies, it's not because it's free, it's because it's convenient.

      Yes. It is convenient. When you're making maybe less then 10 grand per year and you can't afford to go see a movie on a weekly basis, or go out and buy that game you want, or that program for your computer, then it is justifiable to use sites like Pirate Bay and other BitTorrent sites. Yes, though I realize that sometimes The System would rather screw you over and care less about your issues, because they are the people with money. But at the same time, the people making all the money, all the big wigs at the top, they should be more considerate of the "little man," but in cases like what is going on with Pirate Bay, it should be left to the discretion of those in charge, yet though with fair warning, that one day the little person will prevail.

      --
      Five words describe me on a normal day. two words describe me the rest of the time. can you guess?
    33. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 4, Informative

      You are both wrong actually. It's not even about copyright infringement, it's about contributory infringement which in this case basically it means they are being accused of giving out the address of a location where copyright material may or may not be located.

      Reference: http://blog.wired.com/27bstroke6/2009/02/pirate.html

      Quote: The men behind of the notorious BitTorrent tracking service known for pointing the way to pirated software, games, music and movies are accused of contributory copyright infringement

      Lesson to be learned: don't give out IP address+port pair information!

    34. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      A. Their product tailors specifically for pirating.

      They host less copyright infringing media than Google (none being a lot less than Google with its video hosting sites). They offer torrent files which contain no copyright infringing material. There may be an issue with unauthorized use of trademarks in torrent names & files but thats about it.

      B. They make money off it which in my mind is the true crime. Offering the service for free is one thing which they could perhaps get away with but making money off it layers another level of "no no".

      Their service IS free. I've never paid to use Pirate Bay (nor have I ever seen an advert on there thanks to AdBlock). The money they earn from adverts on their sites pays for hosting & admin costs. You might disagree but unless you have proof to back that up I see no reason to doubt them.

    35. Re:A Strawman for the Symptom by Hordeking · · Score: 5, Insightful

      Don't forget, it's the only way to get a lot of foreign films, or out of print stuff that the studios simply aren't releasing. Want to watch The Phantom Hourglass or the new Outer Limits programs? Good luck finding them on DVD. You have to resort to p2p for TV/VHS rips.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    36. Re:A Strawman for the Symptom by ObsessiveMathsFreak · · Score: 1

      Your analogy fails. What if you had invested a huge amount of money and time hiring people to program and build the machine?

      As I recall, I invested quite a bit of money in that calculator, and quite a bit of time learning its functionality. True, I didn't incorporate a company and hire people to do all this, but I don't see how that breaks the analogy above on how copyright infringement is not the same thing as theft.

      For a user, there is no loss with a digital copy. For a creator, who depends on the creation for income, there is a loss of potential income.

      Exactly. Nobody has lost anything of material value. Copyright infringement is not theft. Copyright infringement is just copyright infringement.

      --
      May the Maths Be with you!
    37. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Insightful

      And the other side's propaganda is quite healthy, too, apparently. How far do you really think technicalities are going to get you? "Theft", "unauthorized copying", "infringing", etc, etc. You honestly think the entire court system hinges on dotting every i and crossing every t and that's a foolproof way to get away with anything? Get one lawyer in there to form a feasible link between "theft" and "unauthorized copying", and a precedent is set. Get one lawyer in there who fulfills every technicality fantasy you can think of, and a precedent is set.

      You can throw around all the "No, it's not A, it's CAALLLLLLLLLLED B!" you want, it's still wrong.

    38. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      The majority are thieves.

      but the propaganda is propaganda on both sides.

      Indeed.

    39. Re:A Strawman for the Symptom by the_one(2) · · Score: 1

      Personally i can say that I would never buy music for the outrageous price of $1 but if the price was ~10 cents i might start using legal music as my main music source.

      (This is not 100% true. I bought all Jonathan Coulton songs for ~$1 each but I'm quite ashamed about it but I don't like lying. At least it's the only legal music I've bought for myself in my entire life)

      I agree that in most cases the rule lower prices -> more sales is not true but I do believe it's the case with severely overpriced stuff like music. And people obviously want a lot of music: just look at the size of mp3 player

    40. Re:A Strawman for the Symptom by kerashi · · Score: 1

      Copyright infringement is not theft. Theft implies that the person the item is stolen from no longer has the item. But that's beside the point.

      I seldom download movies or tv shows from the internet. I have Netflix and that does ok for most movies I'd care to watch. I often buy CD's as well. However, sometimes I want to download things that I can't get elsewhere. Like missed episodes of TV shows, for instance. (I often buy boxed sets, but sometimes I just want the latest one when I miss it)

      While I agree, there's always going to be a number of people who will pirate everything under the sun, there's also people who simply aren't being served effectively who turn to piracy out of desperation, because "legal" alternatives either aren't available or cost far too much. For example, I don't buy MP3's because they're too expensive, it's just as cheap (and often cheaper!) to buy an actual CD.

    41. Re:A Strawman for the Symptom by Hybrid-brain · · Score: 2, Interesting

      How are they innocent..

      I understand their argument and think they have a fair chance of getting off on technical issues.. But that just shows the legal system is messed up. I don't think anyone here wouldn't really see their true reason for hosting this site.

      A. Their product tailors specifically for pirating.

      B. They make money off it which in my mind is the true crime. Offering the service for free is one thing which they could perhaps get away with but making money off it layers another level of "no no".

      Its true legal materials could be sent over their service but are you really going to go to "Pirate Bay" to get legal software? Do you go to a brothel to just get a bed?

      What exactly do you have against piracy? Me? I see nothing wrong with it. I see it as a way for those of us (myself included) are poor enough that downloading from Limewire or something like that is not a bad thing. You forget that the rest of the world is not like you A.C, if you have the money, good for you....good for freaking you. But for those of us who don't make $100,000 a year or more, we don't have access to what we need. So in my mind, downloading from bittorrent sites, or pirate bay, or any other site out there dedicated to something like that is nothing bad that i see.

      --
      Five words describe me on a normal day. two words describe me the rest of the time. can you guess?
    42. Re:A Strawman for the Symptom by Maxo-Texas · · Score: 0

      People wouldn't infringe if the entertainment industry were not wealthy and the costs of material was closer to the cost of manufacture.

      There is no way the author of the harry potter series merits a billion dollars for writing 7 books.

      She would have been just as likely to write the 7th book if she was getting 10 million per book.

      The system is broken and people have no respect for it. You need the respect of the people for laws to work.

      I wish I was lucky enough that the work which I do continued to get me compensation 45 years after I died. And I'm bitter and disrespectful of anyone that has had bogus laws passed. There is legal and there is moral. RIAA and the copyright side have no moral high ground. It would be different if their prices were reasonable and the terms of copyright were reasonable. But neither is.

      As long as you have no respect, you can put lots of individuals in jail but your copyright will be infringed-- and not just for idle consumption but actively as a way of undercutting and resisting you.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    43. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      No, the analogy is right in line.

      The people who invested their time and money into said calculator have to realize that there is a certain price point that people will not pay for said product at. They are robbed of nothing. I'm not even talking about the people who have zero intent to pay. This person hypothetically might pay for it if it was just a few dollars cheaper.

    44. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0, Flamebait

      Cowards often hide behind semantics.

      If you download a song without paying for it, and it isn't being given away for free by the author, then you are stealing money that the artist would otherwise use to pay his rent . . . car payment . . . or maybe indulge in some other flamboyant luxury like FOOD.

      95% of professional musicians live check to check and frankly I'm glad to see some of you who steel our work going to prison for a change. If you stole gas from a gas station you'd certainly be punished. It's the SAME THING.

      "Unauthorized Copying?" What a lame fucking excuse for being a thief!

    45. Re:A Strawman for the Symptom by sunking2 · · Score: 1

      Of course if you were in the business of doing calculations that only you could do on your one of a kind calculator and someone copied it then you may think differently as it affects your revenue stream. Especially if you spent years and millions of dollars in developing said calculator. The movie industry is a service industry. The service they provide is entertaining you for 2 hours. They invest heavily on their product and would like those who enjoy it to add to their revenue. Sound somewhat reasonable to me.

      The litmus test is simple. How many would go up to some lowly camera guy or grip and boast to them about loving the movie they just worked on but rather than paying to see it downloaded it over the internet. Most people would do so with a little bit of nervousness or reservation, also called guilt. Of course, knowing this scenario will probably never happen means we can just ignore it all and enjoy stuff we used to have to pay for for free. Myself included, I'm hardly on a high horse here, just talking reality.

    46. Re:A Strawman for the Symptom by anagama · · Score: 4, Insightful

      It doesn't matter what you spent on the calculator -- you are merely a calculator user, so its copying does not affect you. For the calculator manufacturer however, selling calculators is the whole point and as a result, it is harmed by unauthorized duplication because it can't recoup its expenses let alone make a profit.

      As a user, you simply are not in the same shoes as the creator with respect to duplication. Look at it this way: duplication has no adverse effect on the user because the user still has the original. For the manufacturer who sells originals, duplication reduces the potential market and increases the likelihood of financial failure. Your original analogy fails because you put yourself in the position of a creator, when you are only a user. You and the creator have different interests in the creation.

      --
      What changed under Obama? Nothing Good
    47. Re:A Strawman for the Symptom by Poltras · · Score: 1

      And are we that much surprised that the RIAA is against a plan to destroy its own corporation and core business model? Wouldn't you have the same reaction if you were becoming suddenly irrelevant?

    48. Re:A Strawman for the Symptom by imbaczek · · Score: 1

      i would still have it, sherlock. someone else would have it, too, but it wasn't _taken_ from me. besides, potential income is not income. we both know people who download stuff wouldn't magically appear in stores the second the internet went dark.

    49. Re:A Strawman for the Symptom by icebraining · · Score: 5, Informative

      When A thefts from B, B loses the content. When A copies from B, both keep their copies. The only thing that can be claimed is that, if B didn't offered A a copy, A "MIGHT" have bought it. Being the keyword MIGHT.

    50. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I agree. I now buy single songs when available from amazon because THEY are convenient. I used to download albums because THAT was most convenient.

    51. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      And you're not insightful, but a fucking tool.

      This has been explained countless times here. I find it saddening that even here on slashdot, we hear people who think that their are insightful, but are in fact, tools.

    52. Re:A Strawman for the Symptom by mcrbids · · Score: 5, Insightful

      If you invested your life savings as stock in a company, and the CEO did stupids that resulted in a rapid shrinkage of your life savings, you'd want to lynch him, wouldn't you?

      If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

      If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

      In all these cases, things of value to you were devalued by acts of others. In all these cases, you still hold the "thing" in question containing the value that was stolen from you. You still have the stock from the company, you still have the source code on your computer, and you still have a (worthless) car. And yet, you've still been robbed.

      As a copyright holder, copyright infringement is analogous to all of these acts. You still have your original, but the value of that original has been taken from you. Whether you call it "theft" or "piracy" or "copyright infringement" doesn't change the underlying fact. You are still the loser.

      I still agree: the RIAA are behaving like a bunch of drunk, stoned, brain-damaged monkeys. They are fighting for their existence while opportunities to profit out the ass are all around them. It's just idiocy, and they don't have the leadership to face the paradisaical, insanely profitable world around them.

      But that doesn't mean that "copyright infringement" is ok, it's not. The marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace, and it's to the interest of the marketplace (including its consumers) to see that the demand side of the equation is preserved so that the engine of the free market can still operate.

      Copyright infringement is still theft.

      Want to fix the problem? Fight to have sane copyright laws re-introduced. Having 100+ years to own a copyright (with unlimited future extension) is stupid. In the United States, it's unconstitutional to pass an "ex post-facto" law - how is it that the terms of copyright are being retroactively renegotiated? How is it reasonable to benefit from a copyright from somebody who's been dead for decades? This is Disney, et al. and Congress colluding to rape, pillage, and "lock down" our social culture for profit. They are trying to own who we are, and sell our own culture back to us rather than innovate said culture.

      Copyrights should last 20 years, just as the original designers intended. That's reasonable. Copyright holders have a chance to profit from their works, driving the supply/demand marketplace engine, while older works become what they should be: part of our culture itself.

      That's what we should fight about. Any time we spend trying to justify piracy/theft/copyright-infringement is time we spend digging a deeper hole for ourselves, with the end result that this trial's outcome IS pretty much a given.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    53. Re:A Strawman for the Symptom by Sparton · · Score: 1

      [...] if the price was ~10 cents i might [...]

      Anecdotal evidence, my friend.

      I agree that in most cases the rule lower prices -> more sales is not true but I do believe it's the case with severely overpriced stuff like music.

      There is no rule of lower prices == more sales to begin with. What is important to know is that the price of a product/service is related to the sales of said product/service. Given what the market wants, it is possible to maximize profit by finding where profit is highest on a graph of price and projected sales.

    54. Re:A Strawman for the Symptom by Draek · · Score: 1

      If Copyright were only 1 year, do you really think that people wouldn't still be pirating films by aXXo the day of DVD release?

      Yes. All most people care about is watching good-looking movies on the cheap, and with a one-year copyright it'd be only ~6 months from the DVD release (at most) until the movie itself is out of copyright and all those copies you see on the street being sold for $1 would be 100% legal, your cable company would be free to take the film and broadcast it 24/7 without paying the studios a single penny, and *that* would remove the need for going through the hassle of downloading the thing yourself.

      No, I don't think a one-year lenght would work, because copyright sadly covers not only entertainment but productivity and educational tools, but I don't believe you truly grasp the inconveniences caused by the copyright system if you believe people, overall, would continue "pirating" movies and music in your hypothetical scenario.

      And please stop raping the english language calling copyright infringement "theft".

      --
      No problem is insoluble in all conceivable circumstances.
    55. Re:A Strawman for the Symptom by WagonWheelsRX8 · · Score: 1

      Let's not forget that they bombard us with commercials and the like well before we get to see the movie. Why aren't they subsidizing ticket prices with the advertising? Cuz they can pocket that money, that's why... And I must agree with the GP...not just about movies but music as well...if prices more closely represented the actual cost of distribution I'd be much happier, but as it is the prices that exist for current digital services are pretty steep ($1 for a song with no physical media represents a crap ton of profit and I think consumers can see this. If a song was a dime a pop there would probably be a much lower piracy rate). Also my thoughts as are that the current copyright expiration time frames are pretty insane (if they got changed 1 year is too short, but something more reasonable is definitely warranted, say 5-10 years).

    56. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 4, Insightful

      And the other side's propaganda is quite healthy, too, apparently.

      Luckily, it also happens to be the truth.

      How far do you really think technicalities are going to get you? "Theft", "unauthorized copying", "infringing", etc, etc.

      They are very different offences that have vastly differing punishments. They less the same than stealing a CD and bank robbery.

      You honestly think the entire court system hinges on dotting every i and crossing every t and that's a foolproof way to get away with anything?

      That is how the court system is supposed to work. You get charged with a crime and its their job to decide if you are guilty. The legal system decides what crimes you committed if any. According to the courts, copying a piece of music is copyright infringement however much you might wish it was something different.

      Get one lawyer in there to form a feasible link between "theft" and "unauthorized copying", and a precedent is set.

      You'd think with all the resources of the RIAA/IFPI/MPAA that they'd be able to find one good lawyer. Maybe they're unable to find a feasible link because there isn't one. They must have at least one competent lawyer working for them whos tried. All they seem to do is use illegal searches, lies and misdirection to attempt to get any kind of favourable result. Thats not the way most lawyers conduct a trial unless they have nothing else to work with.

    57. Re:A Strawman for the Symptom by Phisbut · · Score: 1

      If you make quality people will buy it, if you make shit they won't.

      Yet, even with the shitty movies, people feel the urge to download it for free and watch it anyway. If it really was shit, people wouldn't watch it. If you know such and such movie is shit, then don't download it and just don't watch it. Don't try to justify your piracy by the quality of what you pirate.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    58. Re:A Strawman for the Symptom by Maxo-Texas · · Score: 1

      You have a reasonable argument.

      It's not theft-- just like 1st degree murder by killing someone with a car isn't the same as 2nd degree murder by killing someone with a car isn't the same as vehicular manslaughter (even tho the result is the same in all three cases - the intent is different).

      It's copyright infringement. And it is mostly at a misdemeanor level being punished worse than a lot of violent crimes (mostly because RIAA has a lot more money to bribe lawmakers with to get these obscenely unreasonable laws passed).

      If I steal a CD from a store, I am on the hook for a $5.00 to $19.99 theft. If I infringe a single song, they can destroy my entire life.

      ---

      Now, I like magnatune -- I've purchased songs there. But, if I download the song (which they let me do) and I do not donate for it, how is that different than TPB? Part of what makes the system work is developing fans for your work. Attacking your fans is probably not the best way to go about it. In fact, lot of people maintain lists of RIAA producers and refuse to purchase them-- and it is *EASY* to legally record my own personal copy of the songs and not pay for them. No infringement- you just need it played one time on TV, or on the radio, or on an internet Radio station and you have it. And that was just as true back in the 70's when I recorded songs on my cassette and in the 80's and 90's when I recorded shows and movies on my VHS and later DVD's.

      If TPB is truly shut down, it will not change the fact that almost none of the public can afford to fill the smallest ipod with songs at the price musicians want. You won't see more sales, you just have a enormous numbers looking like hungry squirrels for the *next* way to get your material after they spend the $300 or so they have to spend. And they'll find it.

      What you want is people to like you (like i like Blue October which I got pirated, liked a lot, so then I went to their concerts, bought their t-shirts, etc. and who I would have never heard of without pirating-- and it wasn't p2p- it was good old sneakernet.)

      The fact is there is a HUGE glut of entertainment out there. The fair price of that entertainment is probably nearly zero and it is only being held up through very artificial means that will not last.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    59. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Except if it is Digg stylesheets or other bits geeks care about, like GPL violation (the whole notion of GPL rests on copyright law btw.)

    60. Re:A Strawman for the Symptom by thestudio_bob · · Score: 1

      I was under the impression that Apple only takes 30% for the App Store, not the music. Correct me if I'm wrong, but I thought on the music side of things, they were only getting 10% or so.

      --
      The real Sig captains the Northwestern. This one captains /.
    61. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I too have Netflix, but I also feel that there's a strong argument for ripping movies. While I have a netflix subscription, I can request to watch any movie.

      Somehow the precedent is that it's illegal if that movie doesn't come to me in the mail. On the other hand, netflix's queue means that some movies take forever or the really obscure stuff isn't replaced when it dies. If they ever brought me to court, I'm going to ask what the difference is between getting the movie in the mail and ripping it myself.

      (Posted as AC for obvious reasons).

    62. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Like the fact that the EU just extended music copyright to 95 years

      Oh god.

      Sir Cliff Richard: âoeOf course Iâ(TM)m pleased for myself, but the relief will be huge for those performers whose pension is largely made up of royalties from perhaps just two or three recordings in the fifties or sixties. Well done and thanks to the lawmakers for a good and just decision.â

      That's the whole fucking problem. How is it reasonable that someone can entirely live off something they created 50 years ago? Jesus.

    63. Re:A Strawman for the Symptom by Emperor+Zombie · · Score: 2, Informative

      Copyright infringement, as I understand it, has to do with taking something and claiming it is yours (e.g., you take my sheet music, put your name on it, and sell it as yours).

      Then you don't understand it. Copyright infringement is simply unauthorized use of copyrighted material, e.g. making copies. What you're talking about is plagiarism.

      --
      I'm so excited I just made water in my pantaloons!
    64. Re:A Strawman for the Symptom by relguj9 · · Score: 5, Insightful

      Whatever happened to the days when musicians made money by PERFORMING LIVE. Not by EXTORTING MILLIONS for themselves and the recording industry through recordings?

      It's not the musicians just trying to get by that really care about piracy anyways. It's the filthy rich ones and the recording industry grasping for branches on their way off the cliff.

      Sorry, the recording industry as we knew it back when the only way to distribute music recordings was through records or CD's made by big corporations extorting both the artists and the customers is DYING.

      I, for one, will be grateful for its demise and musicians making the majority of their incoming through LIVE performances or through the countless distributions readily available on the internet. Recording industries will still have a place in promotion, but it won't be nearly as profitable.

      Until then... LONG LIVE THE PIRATES!

    65. Re:A Strawman for the Symptom by Trogre · · Score: 0, Offtopic

      I was ready to post a reflexive rebuttal to your theft comparison, but then actually read your entire post. My only response: Well put, sir.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    66. Re:A Strawman for the Symptom by gknoy · · Score: 1

      The Pirate Bay is about theft, plain and simple. It may be true that the monetary losses are not nearly what the record companies claim, and it may be true that the media conglomerates are really out for money for themselves rather than to support the starving artists, but the propaganda is propaganda on both sides.

      s/theft/copyright infringement/;

      It seems pedantic, but it's true. Yes, media "pirates" want something-for-nothing, and yes they're cheating. But it's not theft. Many acquire or sample music which they would not normally pay money for -- and thus it's not even fair to claim it's a lost sale. I am not at all saying it's morally acceptible, just that it's not theft. If I download an album or a movie, that doesn't prevent anyone else from making a purchase.

    67. Re:A Strawman for the Symptom by mixmatch · · Score: 4, Informative

      This is the ONLY example of a major media outlet actually taking advantage of new technologies to expand their offerings.

      You must not have heard of Hulu

    68. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1, Troll

      What's "stolen" is B's sole right to produce copies.

      --
      Stop! Dremel time!
    69. Re:A Strawman for the Symptom by Joe+Random · · Score: 1

      What if you had invested a huge amount of money and time hiring people to program and build the machine?

      Then it would still not be theft.

      For a creator, who depends on the creation for income, there is a loss of potential income.

      If I post a scathing movie review on my blog, and that review prompts several people to not go see said movie, then I have deprived the movie studio of potential income. Am I guilty of theft?

      The main point here is that the crime isn't "depriving someone of money (real or potential)", it's "depriving someone of control of their work." The crime is not "theft", it's "copyright infringement."

    70. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0, Troll

      Massive piracy and disregard for copyright laws happens because consumers find it the on

      I used to believe that, but reality is unfortunately proving me wrong. You have unencumbered user friendly legal options now, but the people who have been asking for this is not buying it. I don't care if Amazon etc. is not available in your market yet, it isn't making a difference in the markets it's in anyway. All the people saying "I would by if" is not.. or making up new excuses. It is becoming embarrassingly clear that the moral argument wasn't that moral.

    71. Re:A Strawman for the Symptom by NinjaCoder · · Score: 2, Insightful
      When I was working away from home on a contract, someone passed me some torrented copies of Firefly. I bought the DVDs after that and I know people have bought copies after borrowing the DVDs from me.

      Also, sometimes I just can't wait until the powers-that-be release the TV series in my country, or get around to broadcasting it. I'd rather torrent the episode the day after the US broadcast, and then get the DVDs later to see the voice-overs/extras. (Heroes is one, currently The Big Bang Theory is in this category).

      Additionally, sometimes the pirated versions are just better than the official releases. Especially if you speak a non-English language, and some kind people have subtitled the torrent for you.

      Not just to mention the sometimes the stupid DVD menu navigation just sucks; a DVD +R with avi files are much more convenient than some three-level deep crap.

    72. Re:A Strawman for the Symptom by Petrushka · · Score: 1

      If Copyright were only 1 year, do you really think that people wouldn't still be pirating films by aXXo the day of DVD release?

      They would be pirating films much less. Not for the obvious reason that they could just wait a year and then get it free; but because if copyright were only one year, public sentiment would be the exact opposite of what it currently is. Currently copyright holders have an overwhelming, overbearing, and overweening array of privileges, in a disgustingly unbalanced way. Copyright holders have every right in the world; the public good counts for exactly nothing. It is absolutely right to resent the situation. It is less reasonable to hate copyright holders, but it's hardly surprising; no one likes a slave owner.

      If copyright were for one year, the balance would be exactly reversed and public sentiment would be strongly in favour of copyright holders' rights. No one would be able to mistake piracy for a moral act. It would carry a social stigma: piracy would be uncool. That's how piracy was viewed before ridiculously unbalanced laws started being passed. This guy said it best. So yes, it would change piracy rates drastically.

      A balance is needed; but we will not ever see that happen without underlying political change, for which I see no impetus currently. I don't think your last paragraph ("once BOTH the *IAAs and the pirates have a little bit of self-realization") really offers a solution; you can't expect public opinion to take a break from resenting the imbalance. Public opinion doesn't take breaks.

    73. Re:A Strawman for the Symptom by mumblestheclown · · Score: 0

      I'm saddened by this not because I think the Pirate Bay operators are innocent but because I feel they're an easy target to set precedence on.

      So, you're saddened by the fact that guilty people are being prosecuted? Come again?

      Meanwhile, the real issues at hand continue to get worse and go unaddressed. Like the fact that the EU just extended music copyright to 95 years

      Step back a bit and look at the world of music today. Is the REAL issue extension of copyright some number of years down the line, or is it the far larger problem that generations of youth are being taught that intellectual property is not to be respected, be it 95 minutes or 95 years. While there's always something to be said for the rightsholders occasional overreaches, a sober analysis points to the fact that:

      1. piracy is out of control.
      2. the current situation amounts to the poor of industrial countries subsidizing the rich / technologically capable in industrialized countries and basically EVERYBODY, rich and poor in certain other countries (China, Russia, etc).
      3. no plausible alternate method for intelligent and fair rights management in the digital age has yet been forwarded by those who claim that the current system is out of date - concert tickets and t-shirt aint gonna cut it, folks, so the current system, while flawed in some ways, is the best we have.

      Those are the REAL issues.

      Or the important differences between illegal digital distribution and traditional theft of goods or money.

      The physical costs of the creation of a bottle of coke are negligible. All the price of the item are in marketing and distribution. And yet, I'm sure you don't steal soda. Yes, there's something to be said for that near-zero cost for creating a bottle of soda vs the nearer-to-zero cost for replicating music, but, well, it's nowhere near as you'd like to pretend it is in the greater scheme of things.

      No, unfortunately, the IFPI/RIAA isn't going to figure out a way to cope with new awe-inducing technologies.

      The banking industry has yet to figure out a way to deal with armed robbers except for guards and bullet proof glass.

      The court system isn't going to earn any respect from its citizens.

      If the citizenry is comprised of people who feel an entitlement to copyright infringement, then there's not much to be said now, is there?

      Musicians aren't going to be rewarded anymore than they already are.

      I'm confused. Then maybe the new technologies aren't actually that important, but traditional distribution and marketing still, believe it or now, have a hell of a lot of value.

      I feel like we're stuck with a bunch of dinosaurs concerned only with their self preservation when the fact is that they leach so much money from the system that they simply can no longer be a part of it. Songs cost $1 to download when they should cost 11 cents with ten cents going to the artist and one cent going to the host/distributor.

      What do you mean "should"? For somebody who likes to pontificate about the free market, you sure do quickly come to a centralized planning approach of how much items "should" cost. Perhaps there should be some scale, such as .001 cents per guitar note, .0005 cents per drum beat, and so forth? Really. Get a clue. This trial isn't a solution and we all know how it's going to end. Work out solutions that really plague the system and piracy will go away.

      >I'm saddened by this not because I think the Pirate Bay operators are innocent but because I feel they're an easy target to set precedence on.

    74. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Informative

      Many bands don't get a lot of money from albums sold these days. They gain most revenue from tours and selling other merchandise (not CD's). The record labels take most of the money from CD's even if the band says they need people to buy their CD's it is most likely in their contract and are obligated to say that. >.

    75. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      He was quoting aforementioned propaganda, I believe.

    76. Re:A Strawman for the Symptom by Sparton · · Score: 1

      I can't seem to find anything definite, but sources I've found have stated Apple making a 10% profit after taking into account their expenses. This implies that the amount they take before expenses would be above 10%, although it is true that the final number may be less for 30% with music.

    77. Re:A Strawman for the Symptom by relguj9 · · Score: 1

      Actually, the analogy holds quite well.

      If Bose creates a brand new headphone model with some top secret technology and my friend buys one then I reverse engineer it and create an IDENTICAL copy for myself but do not profit from it and just use it myself. Am I really stealing from Bose? IMHO, no.

      It's exactly the same thing with music and video, the only difference is that they are unlucky enough to have something that is 1000x easier to copy.

    78. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I think pirating is amoral, but I do pirate movies in hi-def. Like you said, it's easy and cheaper than going out and buying a blueray drive and then buying the blueray disc and then watching it, hoping that DHCP works. Still, these are just excuses for piracy, aka, doing something wrong. It's like saying, well, that woman deserved to be raped because she was wearing clothing that was too provocative! It's her fault for tempting me! I shouldn't go to prison! Just because the movies are there in the open for you to download doesn't make it right to do so. Similarly, we don't see rape more often because the punishment is serious. Prison time, fines, maybe even death. If you don't enforce the law, the law is meaningless. Again, if you don't enforce copyright laws, the copyright laws are meaningless and the copyright owners have no power to protect their work. You don't need movies or music to live. If you disagree with the price, then don't buy it. If you don't think it's easy enough to get the stuff you want, then don't buy it. Why can't people have more self-control?

      That said, since I am admitting that I pirate movies, I guess that makes me a hypocrite. I guess it's easy to take the moral highground and wanting to do the right thing than it is to do it.

    79. Re:A Strawman for the Symptom by CarpetShark · · Score: 1

      Now let's say people download it on TPB and not Magnatune. That is a loss of revenue for me, correct?

      No. Who says those people would buy if they couldn't download? I mostly download stuff because I just want to see what the latest crap is that people are talking about. I check it out because it's free information, like googling "price of bread moscow", and downloading the resultant HTML pages. Doesn't mean I want to fly over to moscow and buy their bread. Information is just information. Charging any more for that than the price of the network link and bandwidth is ridiculous, false scarcity.

    80. Re:A Strawman for the Symptom by morgan_greywolf · · Score: 5, Insightful

      Except if it is Digg stylesheets or other bits geeks care about, like GPL violation (the whole notion of GPL rests on copyright law btw.)

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

    81. Re:A Strawman for the Symptom by Fluffeh · · Score: 0, Redundant

      Oh, if only my mod points where with me, you would go up up and away!

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    82. Re:A Strawman for the Symptom by neokushan · · Score: 1

      Tell you what, I'm stop pirating your music when you stop charging ludicrous amounts for merchandise like dog tags and t-shirts.

      --
      +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    83. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1

      People wouldn't infringe if the entertainment industry were not wealthy and the costs of material was closer to the cost of manufacture.

      At best that assertion is unsupported by evidence.

      There is no way the author of the harry potter series merits a billion dollars for writing 7 books.

      Yet her books have earned her as much, without anyone putting a gun to anyone's head. People Freely chose to purchase them for the price offered.

      I wish I was lucky enough that the work which I do continued to get me compensation 45 years after I died

      As long as you labor under the belief that such things are due to luck, yoyu likely never will.

      And I'm bitter

      Obviously.

      RIAA and the copyright side have no moral high ground

      How does that change the situation any? Do you believe courts should legislate morality?

      It would be different if their prices were reasonable

      If there prices are not reasonable, why do people choose to pay them? Above you take issue with what you feel is unjustifiably high compensation for the author of a book series. Why would so many voluntarily pay so much if it was unreasonable?

    84. Re:A Strawman for the Symptom by AliasMarlowe · · Score: 1

      If you make quality people will buy it, if you make shit they won't.

      Never a truer word was spoken.

      The length of time is a question of morality, even 1 year is too much. But 95 years is sick.

      Obviously, 95 years is far too long, but 1 year errs on the short side. If the state is to grant a monopoly, it should be long enough to achieve its aim (encourage creative efforts), but short enough to minimize the embarassment of condoning a private monopoly. In my view, the earlier idea (in the USA) of having similar terms for copyright and patent was an acceptable compromise. A maximum copyright duration of twenty years should be more than adequate, with protection lapsed earlier if the content is not kept available.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    85. Re:A Strawman for the Symptom by PDAllen · · Score: 1

      While I have a lot of sympathy with the view that it is not really fair to unnecessarily price something above where most people want to pay for it, what you say is not actually true.

      If you're selling an object (or a bit string, or whatever) you have to set one price for it. A price for the rich and another for the poor does not fly.

      It can, sadly, be the case that setting a price of X and getting ten thousand customers does not make as much profit as setting a price 2X and getting one thousand.

      Take an example, you have Toyota who make cars. They make a small profit on each individual car, but they sell a lot. You also have Rolls Royce. They make a huge profit on each car. They could sell their cars much cheaper and still make a profit - and if they did a few more people would buy - but they have decided, probably correctly, that they will do better to sell at the price they are selling at.

      It is similar with media products. If Warner thought they can make more money lowering prices and selling more stuff, they would. They wouldn't deliberately lose money for the hell of it.

      The effect of people being able to copy stuff is that the people who would be willing to pay the price if they had no other option, do have an option and some will use it. So there is some loss (or if you prefer: less profit than without copying). Of course, there is the counterbalance that more illegal copying can lead to people finding out about new artists and buying stuff they wouldn't otherwise have bought, and of course the RIAA idea that every downloaded copy of a song is the price of a single lost is pure crap (it's a tiny fraction of that).

    86. Re:A Strawman for the Symptom by mcrbids · · Score: 1

      However, if instead, someone had looked at my calculator, taken out a 3D tricorder-mapper-duplicator-thingamabob and had made an exact copy of my calculator, complete with all functionality, and left me with mine, I don't think I would have been quite as upset.

      What makes you think that copyright infringement is about you, the consumer? When you buy a copy of a song, and as long as you have the ability to listen to your song, nothing's been taken from you.

      (Well... duh!)

      Copyright infringement is theft from the copyright holder, not the consumer. And it IS theft. It forces the artist to compete with their own works. That's not right, it's not fair, and destroys the foundation of a free market, supply & demand by destroying the demand side of the equation.

      And as long as we're explaining this simple principle to people who haven't clued in to the idea that the content providers matter too, we're busy digging the hole that will eventually bury the idea of "fair use", DRM will win, and copying music at *all* will become illegal.

      Want to fight the man? Fight against ridiculous copyright term extensions that are unconstitutional. Fight against the idiocies of software patents. But please, please, please! don't waste your time trying to argue that copyright infringement is a "victimless crime", which just shows that you don't understand what the problem is. Doing so just ruins our chances to fight against the wholesale theft and rape of our cultural history through illegal copyright term extensions!

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    87. Re:A Strawman for the Symptom by spun · · Score: 3, Insightful

      This 'Copyright is Theft' argument is intended to bypass reasoned debate. It is also intended to support the idea that intellectual works are property, without actually saying so. People understand property. They understand theft. If the industry can twist the language, they don't even have to win the argument that infringement is immoral. Copyright is property, infringement is theft, therefore infringement is immoral. It's a classic example of deliberate manipulation and propaganda.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    88. Re:A Strawman for the Symptom by krapski · · Score: 1

      as far as the commercial domain is concerned, copyright should be respected. when im at home, using equipment *that I paid for*, no one has the power to tell me what to do with it. i will press any sequence of buttons that I want, and no one can do shit about it. as long as i am not selling, or publicly broadcasting stuff i got from the net, everything else is fair game.

    89. Re:A Strawman for the Symptom by EvilNTUser · · Score: 4, Insightful

      The marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace, and it's to the interest of the marketplace (including its consumers) to see that the demand side of the equation is preserved so that the engine of the free market can still operate.

      You're right, but I don't agree with your conclusion. Demand destruction is a valid goal. There is no way we'll get the average consumer to grow a spine and vote for saner laws anytime soon. If the businesses are unable to continue, the other side will lose much of its lobbying power.

      In addition, and perhaps more importantly, buying their goods encourages their activities due to the same principle. If you think you're being both moral and practical by paying for and then hacking content that has DRM, think again. What you're doing is actually immoral, because it creates more demand for DRM. If you buy video cards that specifically don't support Linux and waste thousands of hacker-hours breaking them, you're shooting yourself in the foot. If you buy an iPhone and jailbreak it, you're encouraging the manufacture of completely closed platforms.

      If you simply have to have some music that only comes with restrictions, for God's sake PIRATE IT. It's better than the alternative.

      --
      My Sig: SEGV
    90. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 2, Insightful

      If you invested your life savings as stock in a company, and the CEO did stupids that resulted in a rapid shrinkage of your life savings, you'd want to lynch him, wouldn't you?

      If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

      If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

      Quite possibly. None of those things are theft though. The first is incompetence, the second digital trespass (or whatever they're calling it these days) and copyright infringement, and the third is legal (if possibly immoral).

      In all these cases, things of value to you were devalued by acts of others.

      Yes.

      In all these cases, you still hold the "thing" in question containing the value that was stolen from you. You still have the stock from the company, you still have the source code on your computer, and you still have a (worthless) car. And yet, you've still been robbed.

      No. The statement is oxymoronic. To be theft, at least according the traditional definition, and still according to most dictionaries (despite the wishes of certain groups), one has to be deprived of some property.

    91. Re:A Strawman for the Symptom by citizenr · · Score: 1

      Also, I don't think that most artists could live off of 10 cents a song for downloads

      since when do they have to live off ONE RECORDING???? How about some honest work every day like the rest of us? They can do concerts/pubs/clubs if they want more money.

      --
      Who logs in to gdm? Not I, said the duck.
    92. Re:A Strawman for the Symptom by morgan_greywolf · · Score: 1

      There is no rule of lower prices == more sales to begin with.

      Yeah, it's not like there are any businesses that built an empire on that model or anything.

      I understand what you're saying, but at the end of the day, the market is mostly saying that the prices are way too high. $1/song is a rip off. Especially when you consider that of the $1, you're lucky if, on average, $0.01 goes to the artist who actually wrote and/or recorded that song. The rest goes to the middle men, who pretty much do nothing but throw temper tantrums in the media when they don't get their way for their $0.69 share.

    93. Re:A Strawman for the Symptom by neuromanc3r · · Score: 4, Insightful

      What's "stolen" is B's sole right to produce copies.

      Yeah, if you use the word "theft" (or "stolen") to mean something completely different, then you can say the copyright infringement is theft. But using this method you can also claim that piracy is "robbery", "treason", "rape" and "murder". So how is "theft" different?

    94. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 3, Insightful

      So, maybe it's sour grapes, but I don't see why someone should be able to live for 95 years off one creative inspiration. As a scientist, I feel like creativity is a crucial part of my job also. Some of us scientists are even plausibly more important than musicians.

      But, what happens if I'm creative? Well, if I'm real lucky, I might get a permanent job and be set for 30 years or so, as long as I keep teaching. More likely, it'll get me about 3 years of salary from another research grant. What happens if the creative juices fail to flow? I'm out of a job, that's what. Looking for work with no royalties.

      Well, it is sour grapes, but it certainly also is a double standard. And, I can't help thinking that -- somehow -- society would arrange for music to be produced, even if the RIAA disappeared. I don't think that we (as a group) would lose anything.

      I can't help but make an analogy to telephone switches. They used to be big house-sized multi-million dollar things that switched telephone calls. Big, high-tech companies made them, like Lucent Technologies. Then, the technology changed and the switches got cheap; the big companies went out of business, changed their businesses, and lost money. Thousands of people were laid off (and no laws protected their income), And guess what? We still have phone service.

      Nobody is making big, expensive telephone switches any more, but the phone calls continue. I think it's a fairly safe bet that even if no one is making expensive recordings any more, the music will continue.

    95. Re:A Strawman for the Symptom by spun · · Score: 4, Insightful

      Let me ask you then, is any case where someone loses value theft? Is fraud theft? Is vandalism theft? How about slander and libel? If I take your life, is that theft? Are all crimes theft?

      Why then do we have different names for them all?

      Taking a different angle, what if I buy a different brand of calculator? I have denied the first company revenues just as if I had copied their calculator. Am I now a thief? Perhaps I discover that my phone works as a calculator, now I don't even need one. And I didn't even pay for it! Again, I have denied the calculator company any profits and yet here I am, calculating away. Obviously, either I or the phone's manufacturer are stealing from them. Right? What's worse, there is a completely free calculator available in my head. By doing math in my head, I am denying that poor, poor company the revenues they would have received if I didn't know how. Obviously, we need to outlaw math!

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    96. Re:A Strawman for the Symptom by drsmithy · · Score: 3, Informative

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

      The GNU/Free Software people most certainly care about copyright law, because without it their pet license is unenforcable.

      No Copyright turns every OSS license into something that makes the BSDL look restrictive.

    97. Re:A Strawman for the Symptom by Theoboley · · Score: 1

      Define Ludicrous amounts of money....

      I am willing to shove over an extra 5-10 bucks for a concert T-Shirt that i could normally get online to support the artist that I go to see. It's called Band Loyalty. Granted, These people (musicians) are no where near short of not being able to eat, but the fact of the matter is, is that they need to eat too, and the extra 10 bucks to show my loyalty to said musicians is well worth it.

      --
      Stupidity only gets you so far, then you've gotta try
    98. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I seed live music recordings from my friend's metal band under a creative commons license, which was compressed with LAME in Audacity running on a Linux distro I downloaded from TPB.

    99. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

      So what law would the GPL people evoke to ensure the viralness/code-freedom of their license, vs. fx. the BSD license which allows people like MS to embed the code as they want?

      And, to explain the Digg CSS reference for people not following that story. Never before have I seen such outrage in the community as over someone "stealing" Diggs CSS. It's only copying bits right?

    100. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I LOVE movies, but I'm almost to the point of swearing off going to the cinema.

      You can blame the big budget mass market movie theatres for that. If you are ever in Austin, TX you should try the Alamo Drafthouse.

    101. Re:A Strawman for the Symptom by MasterNetHead · · Score: 1

      Excellent point. The Valve Steam team has created a great system and I use it every day. Its my main source of PC games, right above the #2 spot, BitTorrent for all those publishers too stodgy or too stupid to put their titles on Steam (EA, anybody?).

    102. Re:A Strawman for the Symptom by Maxo-Texas · · Score: 1

      >> People wouldn't infringe if the entertainment industry were not wealthy and the costs of material was closer to the cost of manufacture.

      > At best that assertion is unsupported by evidence.

      It could be people would greedily never spend a dime even tho it took them more of their own time and money to obtain the material.

      However, it is more likely that if the product was reasonably priced and easy to get (say a long a cable TV model- $50 a month and you can check out anything and play it/read it/ watch it) then people would almost certainly do that.

      >> RIAA and the copyright side have no moral high ground

      > How does that change the situation any? Do you believe courts should legislate morality?

      If they have no moral high ground, there is no way the general populace will support enforcement of their laws. Just as 55mph, Prohibition, and even current Drug laws are broken by huge numbers of people all the time.

      >> It would be different if their prices were reasonable

      > If there prices are not reasonable, why do people choose to pay them? Above you take issue with what you feel is unjustifiably high compensation for the author of a book series. Why would so many voluntarily pay so much if it was unreasonable?

      It depends- I have friends who purchase some authors books but (with no compensation to RIAA/Publishers or the Author) loan other others books, library/borrow other books, used book buy/sell other books, and infringe other books, record other songs/shows while buying some.

      I started off neutral but realized if you are making a billion dollars for a book, then many other authors are being prevented from having a living and you are making a completely unreasonable amount of money. It is legal- just like all the CEO's an sports stars are legal. But it's not right. There should be a hundred baseball teams, and CEO's should face pressure from indian and chinese CEO's, and the pay for books which reflects costs of years ago when it took a lot more effort to edit and lay out a book and the audiences were much smaller.

      It's a free country- and they are free to try sell their product what they want to for. But if they have a bitter audience (which in my case is from a decade of reading about "Forever less a day" Valenti and other rich corporations scheming for yet another way to pin me down, lock things up, extend copyright to forever, etc) then it will touch on their product.

      I started off fairly neutral a decade ago and have become more radical over time. Maybe it's the bad economy with all the rich bankers walking away with a hundred million bucks, laying off thousands of people and replacing them with h1b's. I'm getting seriously pissed off at everything over the last couple years. The respect I had for the system is completely gone. It's not even remotely fair. 1% of the people have 95% of the wealth and 70% of the income now.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    103. Re:A Strawman for the Symptom by anagama · · Score: 2, Insightful

      You Holmes, are not the creator, so whether it was or was not taken from you is irrelevant to the creator. You are thinking about this narrowly, as in "(A) I have widget X, (B) someone copies it, (C) I still have it, (D) thus there is no loss to the creator of widget X." D does not logically follow from A+B+C. There is no loss for the user, but that says nothing about the creator.

      Try this: (A) You invest one year and $1m making widget X, (B) Widget X becomes popular and a 1.1m people want it for $1 or less, (C) someone copies it and gives it away free, (D) 10% of the 1.1m people who want it will choose to get it free, (E) thus you have not lost anything.

      Plainly E does not follow A+B+C+D. In fact, you now lose $110k on your $1m investment. It should be clear, even though I used made up numbers, that USERS and CREATORS look at this from a different perspective, and that the fact that users don't lose anything immediately on illicit copies, does not mean that creators lose nothing on illicit copies.

      --
      What changed under Obama? Nothing Good
    104. Re:A Strawman for the Symptom by masmullin · · Score: 2, Insightful

      If you invested your life savings as stock in a company, and the CEO did stupids that resulted in a rapid shrinkage of your life savings, you'd want to lynch him, wouldn't you?

      If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

      If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

      In all these cases, things of value to you were devalued by acts of others. In all these cases, you still hold the "thing" in question containing the value that was stolen from you. You still have the stock from the company, you still have the source code on your computer, and you still have a (worthless) car. And yet, you've still been robbed.

      Yes I've been robbed, but not of the things you claim.

      Stock Broker: I have been robbed of the service of which I paid him. Sure I still have the stocks, but I do not have the expertise that I gave him money for.

      Software: Sure I still have the software, but I have been violated because of a break and enter and of corporate espionage. My competition not only has my software, but they have my future business plans as well.

      Car: I still have the car, but I have been robbed of the ability to drive it, and I have been robbed of an effective government to which I pay tax too. I am allowed to assume that my government officials will not conspire against me for corporate greed.

      As a copyright holder, copyright infringement is analogous to all of these acts. You still have your original, but the value of that original has been taken from you. Whether you call it "theft" or "piracy" or "copyright infringement" doesn't change the underlying fact. You are still the loser.

      No its different, your analogy is flawed.

    105. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0, Insightful

      Copyright infringement is theft from the copyright holder, not the consumer.

      No, it isn't theft.

      And it IS theft.

      No, it isn't theft.

      It forces the artist to compete with their own works. That's not right, it's not fair, and destroys the foundation of a free market, supply & demand by destroying the demand side of the equation.

      You are not being coherent. You are also conveniently ignoring the fact that digital media (music, games, movies) are not scarce by nature, but made to be so by artificial means. The supply is attempted to be artificially reduced for no technical reason.

      So, it is easily circumvented? Tough. Don't base your entire business model on artificial scarcity. Base it on something else. Is it difficult to come up with new ideas? Tough. Maybe you/they don't deserve to remain in business, then. Normally, being successful in business requires being able to come up with working business ideas, and perhaps more importantly, being able to adapt to changing circumstances.

      The circumstances have already changed, and they keep changing. Deal with it.

      And as long as we're explaining this simple principle to people who haven't clued in to the idea that the content providers matter too, we're busy digging the hole that will eventually bury the idea of "fair use", DRM will win, and copying music at *all* will become illegal.

      It appears you are gravely missing the point.

      Want to fight the man? Fight against ridiculous copyright term extensions that are unconstitutional. Fight against the idiocies of software patents.

      Good suggestions.

      But please, please, please! don't waste your time trying to argue that copyright infringement is a "victimless crime", which just shows that you don't understand what the problem is.

      It would appear you are not only missing the point. You are also not understanding what the real problem is.

      Doing so just ruins our chances to fight against the wholesale theft and rape of our cultural history through illegal copyright term extensions!

      I am glad that you dislike the despicable extensions. I do so too.

      You have a lot of thinking left to do until you understand the real issues at hand, though.

      Good luck.

    106. Re:A Strawman for the Symptom by AvitarX · · Score: 1

      Both movies and goods have 2 prices though.

      In movies Theaters are the price for the rich.

      DVDs start high and slowly decrease too.

      Similarly a family friends had some fancy knife sharpener they were selling. It started at $200, and was targeted to the rich. Later it was $20, and targeted to everyone.

      Perhaps $9.00/viewing is not priced for the "rich", but it does price out a lot of people.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    107. Re:A Strawman for the Symptom by Sparton · · Score: 1

      Of course the market says the prices are too high. What matters is if the market is still willing to pay anyways... and since CD sales haven't stopped completely, it's worth saying that people are continuing with paying at the current prices.

      Also, your example of Walmart is flawed. If you're saying that they do believe that lower prices == more sales, try seeing what happens to your profits. There's also that funny tilt factor of people judging the worth of a product by it's price, and such low (or free) prices often mars their view of it.

    108. Re:A Strawman for the Symptom by dave562 · · Score: 5, Insightful
      2: 1$ for a tune and 2$ for a single episode of a TV show is a rip-off

      I realize I'm in the wrong crowd to be making comments like I'm about to make, but come on now, seriously?! $1 for a song that you can listen to over and over again is too much? Last I checked, a king sized candy bar costs more than that, and you can only eat the thing once. A can of soda costs almost that much, and you can't drink it more than once. A lot of things that people consume regularly, things that they consume ONCE, cost more than a song that can be replayed for years.

    109. Re:A Strawman for the Symptom by codewarren · · Score: 5, Funny

      This is why Jesus is a goddamn thief. The bread and fish industries should have lynched that bread/fish-copying bastard.

    110. Re:A Strawman for the Symptom by EvilNTUser · · Score: 1

      Remove these obstacles and piracy would go back to meaning something that occurs at sea.

      Well, not entirely. I agree with your point, but people have an insane obsession with eradicating all crime. Piracy rates could be as low as 0,1% and I'm completely sure some artists would still be advocating DRM so that not a single person on the planet could possibly enjoy their products without paying for the privilege.

      Incidentally, this is also why we have insane pedophilia laws that don't actually stop pedophiles in any meaningful way, you only have free speech as long as nobody can possibly label you a "racist" and you can get ticketed for jaywalking on an empty street in some places.

      Sick world, this, and it's not even because of the actual criminals!

      --
      My Sig: SEGV
    111. Re:A Strawman for the Symptom by Orion+Blastar · · Score: 2, Funny

      But Hulu is an alien plot to turn our brains into mush so Alex Baldwin can eat them. :)

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    112. Re:A Strawman for the Symptom by Hatta · · Score: 5, Insightful

      As a copyright holder, copyright infringement is analogous to all of these acts. You still have your original, but the value of that original has been taken from you. Whether you call it "theft" or "piracy" or "copyright infringement" doesn't change the underlying fact. You are still the loser.

      Hold on a second. Are you really arguing that if my actions cause the value of your property to decrease, that is equivalent to theft? That is obviously nonsense. If you control the world's only known naturally occurring source of unobtanium, and I invent a process that produces artificial unobtanium your property has been devalued. If you buy a meal, and I'm sitting next to you with noisy and annoying friends, your purchase has been devalued. If you buy a HumVee and I write a book about how awful HumVees are, you might find it harder to sell your SUV.

      In each of these cases your property has been devalued by my actions. But this is not theft.

      The marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace, and it's to the interest of the marketplace (including its consumers) to see that the demand side of the equation is preserved so that the engine of the free market can still operate.

      As a consumer, I will decide what is in my best interest Thank You Very Much. If my unwillingness to purchase certain media leads to the failure of that market, I'm quite ok with that. Of course, if you need hired thugs to convince people to buy your product, "market" doesn't really apply. "Racket" is the word you're looking for.

      --
      Give me Classic Slashdot or give me death!
    113. Re:A Strawman for the Symptom by neokushan · · Score: 1

      That's exactly my point, that's how they're supposed to make their money, through touring and performing (And of course selling merchandise at the events), that's how it's supposed to be. If an artist stopped doing that and relied on CD sales to support their lifestyle, I'd be far more inclined to buy their CD's.

      --
      +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    114. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      and the market value of the original.

    115. Re:A Strawman for the Symptom by masmullin · · Score: 1

      If the manufacturer sells the calculator, the user should be allowed to open it up and copy how it works because the "user" bought the damn thing and can do with it what he chooses.

      If the user wants to scan the calculator with some fancy techno-gadget and share his findings thats his prerogative as the owner of the calculator.

      If a third party assults the user and scans the calculator w/o his will... well the simple necessity of possessing the calculator to scan it is theft. However the theft is on the buyer, not the manufacturer.

    116. Re:A Strawman for the Symptom by Hatta · · Score: 1

      I DO pay for a Netflix subscription. Which, when combined with my XBox, allows me to access a lot of movies at almost the same convenience factor of the ones sitting on my hard drive.

      How do you do this? Is it an XBMC script/plugin?

      --
      Give me Classic Slashdot or give me death!
    117. Re:A Strawman for the Symptom by number11 · · Score: 4, Insightful

      Cowards often hide behind semantics.

      Funny thing for an AC to say, isn't it?

      If you download a song without paying for it, and it isn't being given away for free by the author, then you are stealing money that the artist would otherwise use

      Do you have any evidence that the author (as opposed to the label and middlemen) receives any significant part of that money? For each dollar spent, how many cents does the author receive? Or is the money mostly "stolen" from them by those other parties?

      Do you have any evidence that any significant number of people who will download for free, actually want the file badly enough to pay for it?

      And of those who would pay for it, do you have any evidence that some of them don't (later) buy a copy?

      95% of professional musicians live check to check

      Like most everybody else. The key thing is, those checks mostly aren't royalty checks. Of the professional musicians I know, 95% of them get most of their income from playing gigs, teaching, working a day job, or some other source.

    118. Re:A Strawman for the Symptom by ah.clem · · Score: 1

      Skrolle2.

      Frankly, I don't care how this case falls out as I decided a long time ago what is morally right for me and no one else, but I am curious about your perceived difference between "copyright infringement" and the theft of goods or services.

      Please bear with me here as I outline a few scenarios.

      Scenario #1: Let's say you develop software games for a living, all alone, in your garage. Let's say you sell them for $20.00 US. Now let's say someone uploads your game to a website and 100 copies are downloaded. You generate no revenue for the 100 copies in the hands of people that did not pay for your software.

      Scenario #2:

      Someone buys a copy of your game, takes it home, copies it and then returns it to you for a refund, knowing full well that they will be playing and enjoying your game without paying for it.

      Which one of these scenarios is copyright infringement and which is theft, how are the two scenarios morally different, and is the behavior in either case justifiable?

      Thanks for your time.

      ah.clem

      --
      "Life is not magic." Dr. Ron Weiss - "If we don't play God, who will?" Dr. James Watson
    119. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0
    120. Re:A Strawman for the Symptom by easyTree · · Score: 1

      I guess they can't be so badly off or they'd get real jobs ;-)

    121. Re:A Strawman for the Symptom by rudeboy1 · · Score: 1

      Unless this place has a sniper with a tranq rifle sitting above the screen to take down self-absorbed jackasses talking during the movie, I don't think it will help. There's a nifty arts cinema that recently started playing about half mainstream stuff here in town. It's on the other side of town from me, but I'll go for the smaller theater size, better concession options (white chocolate popcorn FTW) and the ability to bring in drinks from the attached bar. However, that said, I still have a consistant track record of people kicking my seat, talking during the movie, or texting someone every 5 minutes, and holding the phone screen-out so I know when they have a text message before they do.

      I just spent my tax rebate on about $2K worth of computer equipment, otherwise I'd be investing in home theater stuff. Which is more than likely what I'll be doing with my rebate next year. I have a nice shotgun room in my basement (about 10 feet by 30 feet) that will make for a perfect home theater. All I have to do is waterproof the basement (or water-resist, as I have been learning), throw up some drywall and carpet, and the rest is just the equipment I need to simulate a trip to the cinema. A nice projector and sound system, and my file server with all of the movies I might or might not have sits right on the other side of the wall. I think more people will be doing this in the future, as the combination of better/cheaper components mixes with the further proliferation of electronic compies of movies.

      --
      Raging in an online forum won't do anything for the world around you. To see change, you must take action.
    122. Re:A Strawman for the Symptom by amiga3D · · Score: 1

      Musicians perform live? Heh...most of them just lip sync. Without a studio they couldn't reproduce their own "voice."

    123. Re:A Strawman for the Symptom by WMD_88 · · Score: 1

      David Foster Wallace, is that you? ;)

    124. Re:A Strawman for the Symptom by dave562 · · Score: 1

      What fantasy world are you living in? How many artists only made one recording and retired? Show me one. I challenge you to back up the absurd nonsense that you posted.

    125. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      illegal is illegal. Word play does not change that.
      Sorry teacher I was not "stealing the Answers to the Test" Just coping them. Your answers are just fine. I am just coping the winning lottery numbers. No problem. If you just dropped a big wad of cash to develop the calculator, and someone copied it with a 3D tricorder-mapper-duplicator-thingamabob You would not be happy.
      May creators can not create unless it pays the bills. Capital will not flow into businesses unless there is return on investment.

      As for Pirate-Bay They knew the risks. If they end up in jail they can continue the fight from there, Like Gandhi and Mandela (sorry Gandhi and Mandela). If they feel strongly enough about the subject. If they are opportunists looking for a loophole, I hope you have a good lawyer (or solicitor).

    126. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I think the idea is you have to pay to play. If you can't afford to buy it, you're suppose to do without. I guess you'd die if you were a teenager 20-years ago or more.

    127. Re:A Strawman for the Symptom by mcrbids · · Score: 1, Interesting

      Saying "it isn't theft" doesn't make it so. And economy, BY DEFINITION is based on "artificial scarcity": Even though there are 400 cars at the car lot, you can't take one home if you don't pony up the cash. Why can't you just take one since they obviously have 400 and you have none? They're creating artificial scarcity for no technical reason! OMG! LET'S STEAL (ahem: "asset transfer") ONE!

      Sorry this simple fact is so hard for you to grasp that you call it "incoherent". And just saying "change your business plan" is a waste of digital ink. It's like finding somebody who fell out of an airplane and telling them that if they don't do something quick, they're going to hit the ground.

      Come back when you have a clue. Because you are hurting those that do.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    128. Re:A Strawman for the Symptom by PDAllen · · Score: 2, Interesting

      So the media company knows they can make more money by selling it at a high price for a bit then cutting the prices later (just like fashion clothes, cars, whatever). This still doesn't make it OK to take an illegal copy. You do not need to see the movie, it's not as if you eat movies and drink music. If you don't want to pay now, wait and pay later. Most of the music I listen to was made >5 years ago (mainly because I think much of the recent stuff is crap produced in a hurry to make a quick buck off idiots who 'need to hear the latest tunes').

      Put it another way, Rolls price out pretty much everyone with their cars, but no-one thinks it's OK to nick one. That is of course a bad analogy - nothing physical is lost when data is copied - but as a better analogy, is it OK for me to go off and look at Rolls's account books, find that a new Phantom costs them X to make, and then nick a Phantom and leave them X in cash in place? Then they didn't actually lose anything... but they wanted to charge >>X for it which I would not pay?

      If your answer is 'yes, that's fine' - why would anyone bother setting up a company if they can't profit? We'd never have had an industrial revolution let alone all the subsequent developments without people setting up companies to make profits.

    129. Re:A Strawman for the Symptom by spun · · Score: 1

      That is funny to anyone who knows my posting history. I've posted that link dozens of times over the years. Sure, property is theft, but it is also freedom. Really, you need read the book to understand the critique Proudhon is leveling against private property. It is more complicated than the title makes it out to be. Any anarchist or libertarian should be aware of the arguments Proudhon presents, whatever their stance on the topic.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    130. Re:A Strawman for the Symptom by thewils · · Score: 2, Insightful

      Not to mention that the DVD often _forces_ you to watch 23 trailers before getting to the main feature. Every single damn time you load the disc.

      --
      Once I was a four stone apology. Now I am two separate gorillas.
    131. Re:A Strawman for the Symptom by jonaskoelker · · Score: 2, Insightful

      [...] to see that the demand side of the equation is preserved so that the engine of the free market can still operate.

      Emphasis mine. The market is not free.

      Copyright exists exactly to artificially reduce the amount of suppliers to one (or, only if that one supplier wants it so, more than one), such that the demand-side has to pay money to that one supplier.

      This is of course done under some assumptions: that the one supplier did something valuable to society (or at least its customers), and that the supplier was in fact the one doing the work (or is reasonably fairly paying those who did it).

      Some deeper assumptions are that there will be better music available for the public if performing and recording music is a viable profession and that the restrictions placed on the public are generally speaking worth it.

      I think the first set of assumptions is easier to question than the second set. That said, I'd like to see some model whereby the music business can remain a viable, profitable business and once a work has been created, everyone with a copier (i.e. computer and network) can copy it as much as possible without musicians losing profit.

      (And I'd like to see similar things for books and movies, and even stronger kinds of consumer freedoms with respect to software).

      </ramble>

    132. Re:A Strawman for the Symptom by NormalVisual · · Score: 2, Insightful

      I think you meant to say "copyright infringement is theft", but your argument is still quite valid. Likening "intellectual property" to real property also has the side effect of deflecting attention from an uncomfortable fact - copyright *IS* theft, but it's theft from society with the government's blessing, nothing more. The only thing that allows it to be tolerable in the US is the "limited times" clause of the Constitution. When the term of copyright greatly exceeds the lifespan of an average person, it becomes pretty difficult to argue that it's a "limited time" - there are millions and millions of people for whom that is not true in practice, and somehow I doubt the continued copyright on Elvis Presley's recordings is going to provide sufficient encouragement for him to create any more.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    133. Re:A Strawman for the Symptom by masmullin · · Score: 1

      Sure an artist can live off $0.10 for each sale of a song

      Lets say that in this model the artist releases an album of 10 songs that goes gold in 1 year.

      Thats 500,000 x 10 * .10 = $500,000

      Thats a LOT OF FUCKING MONEY and I am sure that anyone can live nicely off $500,000/year in income

      This also does not cover revenue from endorsements or from concerts.

      Now if you tell me to think of the little guy that doesn't go gold... well hes not getting rich with todays version of the music industry either!!!.

    134. Re:A Strawman for the Symptom by Hatta · · Score: 1

      And the copyright crowd fails to consider that the person doing the sharing is the owner, not merely a user. My right to do what I please with my physical property trumps your right to control what I do with my property. On what basis do you argue that the creator of an object should have greater rights than the owner of an object?

      --
      Give me Classic Slashdot or give me death!
    135. Re:A Strawman for the Symptom by NormalVisual · · Score: 1

      Your analogy fails. What if you had invested a huge amount of money and time hiring people to program and build the machine?

      He'd still have it, and no theft would have occurred.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    136. Re:A Strawman for the Symptom by AvitarX · · Score: 1

      The prices are not too bad really, especially with "Albums" costing around $10.00

      The $2.00/TV show is probably a little high though.

      As someone who knows someone who pirates a good deal, I can say there is a big piece of convenience, and a similar piece of cheapness, and a HUGE part of DRM (of course that is probably a lot less universal).

      My friend WILL NOT purchase (as in one time fixed price) what comes to be a rental. He would like to be able to make a DVD and watch it on the TV at a friends, or stream it to the TV at home, or watch it on the computer, or his spouses (with whatever OS).

      And does not want any of these privileges to be controlled by anything else but his own back-up procedure. Especially for music, which if it is good will be returned to years and even decades into the future (I know I still listen to CDs I purchased over 10 years ago).

      I would probably pay $2.00 an episode if it were DRM free (I pay $.99 for a one time view when I'm lazy using on demand), though at prices like that my friend would need to be a little more discerning perhaps. But the ability to archive the season and re-visit it makes it a pretty fair price (for DVDs it is generally $1.00 - $3.00).

      My order of precidence on TV is:
      Catch the Show > Watch On Demand > Watch on Hulu > visit my firend who downloads it

      the download ends up costing $.16 or so already anyway (.75 GB * $.22/GB). It always looks better (by far) than SD digital cable too, which looks like when I burn a DVD at under 2000kbps.

      I think that if they watermarked somehow the content in a way that was non-obvious they could disable accounts of people (preventing them from ordering) and sell DRM free. I assume for example this is what Amazon does. Since it is all available online within hours of release anyway, their exposure has a very minimal increase, and I at the very least would stop resorting to finding people who have broken the law to watch TV/movies with.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    137. Re:A Strawman for the Symptom by Sancho · · Score: 1

      If they ever brought me to court, I'm going to ask what the difference is between getting the movie in the mail and ripping it myself.

      Ripping it yourself from where? You're talking about two completely different things here--having possession of a disc and making a digital copy, and getting possession of the disc in the first place.

      But since I think I understand what you're getting at, here's an interesting read for you:
      http://ansuz.sooke.bc.ca/lawpoli/colour/2004061001.php

    138. Re:A Strawman for the Symptom by Hojima · · Score: 1

      Actually, 'B' had the right to produce copies for profit. 'A' simply gave it away. To clarify as to why I think "piracy" is fine is because the major record label company happen to be the thieves. You see, 'c' said, "I like your stuff 'b', I'll go ahead and give it to the rest of the alphabet for a profit that you'll only see a fraction of. Then I'll flip out when I don't get even richer from sitting on my ass, cause I'll be damned if I can get richer and I don't."

    139. Re:A Strawman for the Symptom by shmlco · · Score: 2, Insightful

      "...when I can wait 6 months for it to come out on netflix..."

      Fine. Wait. Oh, now you're going to tell me that you don't want to pay the asking price for a ticket AND you don't want to wait.

      "I think the media companies need to figured out a happy medium..."

      Theaters, cheaper theaters, PPV, DVD, NetFlix, Redbox, cable, bargin bins, broadcast television (with ads). All are efforts to "find a happy medium" and a price point people are willing to pay.

      "For example I do not feel like I am getting ripped off when I pay $15 a month for netflix. Some people do feel that way."

      Bingo. Name ANY price point for anything, and some will think they're getting ripped off, while others will think that the price is fair and that the value received is worth the value paid.

      But not having what someone wants at the price they want to pay, and when they want to pay it, still isn't justification for stealing (insert your own propoganda term here) whatever it is their little black hearts desire.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    140. Re:A Strawman for the Symptom by cyber-vandal · · Score: 1

      I have, but I'm not allowed to use it, not being a US resident.

    141. Re:A Strawman for the Symptom by Blakey+Rat · · Score: 1

      He's probably referring to a Xbox 360, which has Netflix support built-in since the last dashboard revision.

    142. Re:A Strawman for the Symptom by masmullin · · Score: 1

      I would buy a hell of a lot of music off iTunes if the album was only a buck. Id happily pay $2 for all the album artwork and extras.

    143. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Actually I believe artists currently do live off about $1 to $1.50 an album. That is pretty much all they get from the sale of their actual physical CDs once the label has taken out their manufacturing and advertising costs, and of course their cut.

    144. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I'm not the GP, but I'm in a similar situation, therefore please allow me to chime in:

      I have heard of Hulu. I'm not based in the USA, though, and Hulu isn't available anywhere else.

      Given that the Pirate Bay is also not located in the USA - like, I'm guessing, the majority of its users -, Hulu isn't actually an alternative.

    145. Re:A Strawman for the Symptom by houghi · · Score: 1

      Piracy is theft. Basically you steal the ability from the music industry to print money.

      --
      Don't fight for your country, if your country does not fight for you.
    146. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      i'm not from the u.s., you insensitive clod!

    147. Re:A Strawman for the Symptom by Frigga's+Ring · · Score: 1

      Whatever happened to the days when musicians made money by PERFORMING LIVE.

      Well, the venues were bought out by huge corporations so things like the food and drinks costs went higher (and lets face it, they weren't exactly reasonable to begin with) and the tickets for those venues are all sold by a monopolistic ticket sales company with plenty of service charges, convenience charges, and whatever else they sneak in there now.

      Musicians most likely get a cut of the ticket sales and not the $40 worth of extra charges that get tacked on.

    148. Re:A Strawman for the Symptom by Sancho · · Score: 1

      There's a real pack rat mentality that goes on with a lot of people. I've known people who literally had years and years worth of music (assuming listening 24 hours a day). They'll never listen to it all. I've also known people who owned thousands of DVD movies. Though they might own fewer total discs, the fact that DVDs demand more of your attention makes it just as likely that they'll never watch them all.

      And in college, I knew people who pirated these massive amounts of media. There was a sort of status associated with sharing that much--of how many gigabytes (and now probably terabytes) of data you had on the network. It had little to do with wanting things for free.

      Personally, I buy DVDs of movies that I really like, partly because I don't want to ever be unable to watch them. There's still the occasional hard-to-find film out there, and that's without companies going out of their way to make artificial scarcity even more scarce. But it's an extremely expensive habit, and I can see someone turning to piracy when all they really want to do is ensure that no one can deprive them of viewing the material just because they want to. In a way, at least Disney's up front about it. Most other production studios don't warn you when they're about to stop producing copies of a film.

    149. Re:A Strawman for the Symptom by jonaskoelker · · Score: 1

      I think

      3. Increase price by 30%

      covers it.

    150. Re:A Strawman for the Symptom by Hatta · · Score: 1

      Saying "it isn't theft" doesn't make it so

      Saying it is theft doesn't make it so either.

      And economy, BY DEFINITION is based on "artificial scarcity": Even though there are 400 cars at the car lot, you can't take one home if you don't pony up the cash. Why can't you just take one since they obviously have 400 and you have none?

      Because the marginal cost of making another car is non-zero. Therefore the scarcity is real. The marginal cost of making another MP3 is zero. Therefore any scarcity is artificial. Did you have trouble in economics?

      Sorry this simple fact is so hard for you to grasp that you call it "incoherent".

      If you can't grasp the concept of scarcity, you're going to be incoherent when discussing economics.

      And just saying "change your business plan" is a waste of digital ink. It's like finding somebody who fell out of an airplane and telling them that if they don't do something quick, they're going to hit the ground.

      Scribes found other ways to make a living. Music publishers will too. The digital-copying genie is out of the bottle, the business model is fundamentally broken. The only question is how much time, effort, resources, and lives we will waste trying to go backwards.

      --
      Give me Classic Slashdot or give me death!
    151. Re:A Strawman for the Symptom by Arancaytar · · Score: 1

      Work out solutions that really plague the system and piracy will go away.

      Blasphemer! Pirate sympathizer! Off to the gallows! /Cutler Beckett, East India Records Company. :P

    152. Re:A Strawman for the Symptom by Sparton · · Score: 1

      Dude, if 10 cents a song got you that kind of revenue, indies on iTunes would be fucking rich by now with their 70 cents a song. There's a damn good reason they're not, and it has nothing to do with quality.

      Obviously, this example of going gold without taking into account any other expenses (such as taxes, your distributor's cut whether it be iTunes, a record label, or bandwidth, etc) is not realistic.

    153. Re:A Strawman for the Symptom by Mix+Master+Nixon · · Score: 3, Interesting

      This is so true - though the overlap between "stuff that the studios simply aren't releasing" and "foreign films" is considerable, with a third category of "foreign films hacked to ribbons by American studios" also applicable.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    154. Re:A Strawman for the Symptom by dcollins117 · · Score: 1

      Do you go to a brothel to just get a bed?

      Maybe. It's none of your business.

    155. Re:A Strawman for the Symptom by BlowHole666 · · Score: 1

      Do you need a hug?

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    156. Re:A Strawman for the Symptom by hclewk · · Score: 2, Insightful

      That candy bar that costs $1 costs $0.10 to ship and $0.50 to produce. It also takes up physical real-estate in the store. You also have to take into account the cost to design the candy bar and the factories you must build to produce the candy bar.

      A song takes up 3MB of space on a server (which costs like what...1/100 of 1 cent), costs a very negligible amount to reproduce, and requires no factory to reproduce. The only thing the song costs to create is the initial investment of time by the artist and the use of studio resources to record the song.

      I have no idea how much a song costs to produce, but we'll say $50,000. That's 3 full months of work for the artist making $160,000 per year and $10,000 for the recording fees, which seems more than fair.

      If 10 million songs are sold at 10 cents each, that's a profit margin of 95%, which only goes up if more copies are sold, which they will be.

    157. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      2: 1$ for a tune and 2$ for a single episode of a TV show is a rip-off

      And same price for all around world.

      It is not nice to pay 1â when the song is available for others by $1, you pay nice extra-taxes between borders, more than the the real transfer tax is...

    158. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1

      I agree that the RIAA are ripping off the artists, but because the artists have entered legally binding contracts, if you download their songs without paying you're not just hurting the RIAA, but the artists, too, because they can't offer their music any other way. Although, you may speed the change toward a new model that will serve the artists better, who knows.

      --
      Stop! Dremel time!
    159. Re:A Strawman for the Symptom by Bangmaker · · Score: 1

      There is always a happy medium somewhere. In the music I listen to, I would say around 40~60 cents a song is reasonable. As for the profit issue, take other professions for example. At the low end are companies like Costco, Walmart, Big Lots, etc. They sell a ton of very inexpensive items to make profit. In the middle, there are semi-specialty stores like Best Buy, Radio Shack, etc. They sell fewer and more specific items at a higher price. At the highest end, companies make just one type of very high priced item like custom built computers or good wines or cigars. The music industry also needs to find its place in this cycle.

    160. Re:A Strawman for the Symptom by dubbreak · · Score: 1

      The Pirate Bay is about theft, plain and simple. [...] but the propaganda is propaganda on both sides. It would appear that one side's propaganda is working. There is no theft in piracy. Unauthorized copying, yes, but no theft. This has been explained countless times here. I find it saddening that even here on slashdot, we hear people who bought the "theft" propagands from the *IAAs.

      I would go even further an state that the Pirate Bay, despite its name, isn't "only about piracy" (if we replace "theft" from the PP with "piracy"). It is probably a more accurate statement, but copying files, even copy-written ones does not necessarily imply copyright infringement. Some countries have a concept called "fair-use". The RIAA and the MPAA really do not like this concept, but some countries have extended this concept to the digital domain.

      If I borrow a CD from a friend and make a copy for my own personal use, that is "fair use". If I go and make copies and sell them, that is copyright infringement and piracy (distributing someone elses material for profit w/o permission). If you extend this to the digital domain then downloading an mp3 from a friend is the equivalent of borrowing the CD, only it's faster and a lot easier to find friends willing to exchange music.

      Think back a decade or so. The record industry was not happy about cassette tapes. People could copy LP's all they wanted or dub tapes at double speed!! Did it kill music sales?

      Later CDRs came out. People could copy CD's faster than the 2x of cassette tapes. Did that kill CD sales?

      Then MP3s and P2P appeared. Super quick distribution.. but guess what? CDs are still selling and total sales have not dropped (though they haven't increased as much as predicted, which is not necessarily and indicator of anything).

      The whole issue is control. the **AAs want to control all forms of distribution to milk every last cent, but at the same time they have not kept up with the technology and are refusing to give customers the product they want in the form they want it.

      I want cheap high quality downloads with no DRM. Make it easier and better than the free alternatives and I'll pay, until then I find the path of least resistance.

      It finally looks like some movie services are catching up, but nothing is quite there yet.

      --
      "If you are going through hell, keep going." - Winston Churchill
    161. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Interesting

      I see your point but I don't entirely agree. I use the Pirate Bay to download TV episodes regularly, not because I don't want to buy them, or watch them on TV, but because here in Australia most TV episodes are delayed 6-9 months from when they are shown in the US or UK. Likewise for some movies. But sure enough, when a few of our TV stations wisened up and realised which shows were being regularly downloaded, they brought their scheduling forward and showed those shows less than a week from them being screened overseas. So I of course, stopped downloading them. Convenience was the key.

    162. Re:A Strawman for the Symptom by MBGMorden · · Score: 1

      I think that if they watermarked somehow the content in a way that was non-obvious they could disable accounts of people (preventing them from ordering) and sell DRM free. I assume for example this is what Amazon does.

      Watermarking I'd take issue with because it's an actual change to the quality of the file. What Amazon does with their MP3 downloads I'm not sure - I can't find any trace of meta-data for my personal info in my purchases there (and their video downloads are filled with the worst, buggiest DRM solution I've ever used), but I do know that for their DRM-free downloads Apple simply stamps each file you buy with your name, email address, and date of purchase. I don't really have a problem with that as it's non-intrusive. I can still do EVERYTHING that I want that DRM would normally prevent, and I'll only run into issues if I publish my downloaded file to the net or give it to other people.

      I really don't understand the point of DRM on anything though. Pick any song, movie, or TV show that's sold about as locked down as you can imagine anywhere on the net. Go to a P2P search function, and search for it. If will return, regardless of DRM, a number of results roughly corresponding to it's popularity. People rip TV shows right from OTA HDTV feeds. The rip movies from DVD's and even Blu-rays. Songs can be taken right off a CD. What are they possibly hoping to prevent by locking down the online purchases? They're certainly not preventing the work from making it onto a P2P network since there are far too many holes to plug. It just pisses off the honest man. Thankfully they seem to have seen the light with music. Video is still hanging on though.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    163. Re:A Strawman for the Symptom by Bryan+Ischo · · Score: 3

      I'm not sure your logic makes any sense. Let's see here:

      What's "stolen" is B's sole right to produce copies.
      What's "robbed" is B's sole right to produce copies. (this makes sense)
      What's "treasoned" is B's sole right to produce copies. (this makes no sense)
      What's "raped" is B's sole right to produce copies. (similarly meaningless)
      What's "murdered" is B's sole right to produce copies. (likewise)

      That's how "theft" is different. It's a concept which makes sense in the context of having your ability to profit off of your works taken away from you by someone else.

      I mean, if someone breaks into your car in the middle of the night and takes it away, is that really "theft"? I mean, you can still use your car if you want to. What's that you say? You have no idea where the car is? So I guess technically they didn't "steal" your car, they just shared it with you and misplaced it. You still own it, it's not stolen, it's just misplaced. So "stealing" a car isn't "theft", it's just "sharing and misplacing".

      Do you see how ridiculous it is to try to argue against reasonable definitions of the word "theft"?

      Let's make it simple: taking something away from someone without their consent is theft. Copyright violation is therefore theft because you are taking away exclusive copy rights (that's funny - "copy rights" "copyright" - perhaps there is some deeper meaning here you need to meditate on?) against their will.

    164. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1

      What's "stolen" is B's sole right to produce copies.

      Yeah, if you use the word "theft" (or "stolen") to mean something completely different, then you can say the copyright infringement is theft. But using this method you can also claim that piracy is "robbery", "treason", "rape" and "murder". So how is "theft" different?

      Theft is unlawfully depriving someone of something that they own. Obviously in the case of information duplication you aren't depriving them of anything physical. But you are depriving them of their legal right to be the sole source to produce copies. Hence, theft.

      And yes, I would say "piracy" is "robbery." Oh wait, by "piracy" did you mean copyright infringement? Well, either way...

      But you'd have to stretch pretty far to claim copyright infringement is betrayal of one's country, forced sexual intercourse, or killing someone...

      --
      Stop! Dremel time!
    165. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      What fantasy world are you living in? How many artists only made one recording and retired? Show me one.

      There are plenty of one-hit-wonders who made millions, but unfortunately pretty much all of that money went to the labels, not the artists, as that's the way it's set up for unproven acts.

    166. Re:A Strawman for the Symptom by Andy_R · · Score: 1

      For small record labels, Apple takes 30% for music too. See tunecore.com - a site that gets music by unsigned artists and small labels onto the itunes (and other) stores for more details. The approx 10% figure is their profit after paying for bandwidth, software, advertising, etc.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    167. Re:A Strawman for the Symptom by zachdms · · Score: 1

      Or I go to Scarecrow Video in Seattle and rent them, paying a small fee to that store for building up a library of commercially valuable content.
      Or I help campaign for their release upon some new format, helping build with others a market for the release of that material.

      p2p in this case helps destroy your commercial marketplace for both rental agencies and (re)releases and thus adversely affects your interests in the longer term.

    168. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Very good persuasive argument. You main point is supported by hypothetical situations that work off your listeners emotion, rather than logic and are completely unrelated to your point. But you try to relate it by claiming they're the same because everyone can understand "life's not fair and it makes us angry".

      Then, as a nail in the coffin, you turn a 180 and support a stance that's counter to your original point, further confusing those who would argue against you and are well know at supporting such a stance. Making them think, "gee, I must have read it wrong because he sounds like they're in support of us."

      Well done indeed. But what's our stance? Do you feel copyright-laws are unfair and unbalanced or do you feel they're not strict enough and need to be considered the same as theft (which they are not, but your original point attempts to confuse and confound).

      You'd make a good politician... if not one already!

    169. Re:A Strawman for the Symptom by AvitarX · · Score: 1

      Actually I just wanted to point out they do have a price for the rich and a price for the not so rich.

      I thought the statement

      A price for the rich and another for the poor does not fly.

      was a little off.

      I personally spend a lot of money on music and movies, and if there were legal purchases/viewing for TV and Movies that were legal, I would spend more.

      If I could drop cable TV and get movies and TV for prices that were as reasonable as I get music, and it was easy to do, and without DRM I would be there.

      As it is they get a few hundred a year out of me plus whatever they get from the cable companies and advertisers.

      I would love to be able to spend $1-$2 and really be able to purchase from a large catalog of TV shows. I'll even take an few adds like what's on Hulu.

      When partaking in a download, I am told by friends, it is largely a convenience thing, much like hopping a fence and cutting through a yard to save some walking.

      Both are petty crimes of laziness.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    170. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      This is in fact the original intent of Stallman: to exploit copyright law to produce a license that truly frees software. The term "Copyleft" was invented to describe this hack of the copyright law that empowers instead of restricting.

      See the copyleft essay at:
      http://www.fsf.org/licensing/essays/copyleft.html

    171. Re:A Strawman for the Symptom by KibibyteBrain · · Score: 1

      I'm also worried about the precedent potential here. For example, what happens if an IT manager accidentally sets up an automated distribution system for his corporation that breaches some obscure part of the EULA of the software he is deploying? Other than the fact you could argue he was acting in good faith with the system, he seems to be in the same boat as TPB guys. Many other scenarios. Its easy to forget that copyright violation takes many forms.

    172. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      As a copyright holder, copyright infringement is analogous to all of these acts. You still have your original, but the value of that original has been taken from you. Whether you call it "theft" or "piracy" or "copyright infringement" doesn't change the underlying fact. You are still the loser.
      So what? You are still the loser when people resell your physical cds. You're still the loser when people stop buying your music/art in preference to something else. Does everything that cause you to LOSE be punishable?
      And what is this ORIGINAL VALUE you speak of? If you produced 30 cds do they worth more than 30,000 cds? What about 1 million digital copies that you made yourself? Face it, when you are dealing with intellectual properties that can cheaply be reproduced, don't expect to be treated like you are producing physical goods.

    173. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      If you invested your life savings as stock in a company...

      Then you are an idiot... eggs in one basket comes to mind

      If you wrote software that you intended to sell to a client

      ...and you didn't have a contract in place before you sold the software? Idiot...

      If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

      What!?!?! Idiot...

      even provided your examples actually made any sense, show me one of the losers... show me the highly pirated musician that is destitute on the street due to all of the copyright infringement...

      you sir, are an agent of the *IAA.

      Any time we spend trying to justify piracy/theft/copyright-infringement is time we spend digging a deeper hole for ourselves..

      idiot, can I have the shovel back?

    174. Re:A Strawman for the Symptom by neuromanc3r · · Score: 1

      Do you see how ridiculous it is to try to argue against reasonable definitions of the word "theft"?

      It would be, if the definition was actually reasonable.
      However, any reasonable defintion of theft would entail that after the theft the thief has the stolen goods. In the example we are talking about, this is not the case. The "thief" does not have the sole right to produce copies, so there is no theft.

    175. Re:A Strawman for the Symptom by adolf · · Score: 1

      *shrug*

      If I could plonk down $110.00, in advance, to legally have 1,000 digital songs of my choosing, I'd do so immediately and without hesitation.

    176. Re:A Strawman for the Symptom by MisterSchmoo · · Score: 0

      I have this to say to record/movie/game companies, if you won't sell it to me (ie out of print stuff) don't be surprised when I don't pay for it.

    177. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Tools are useful, and since he's fucking something, GP has two up on you. Good show!

    178. Re:A Strawman for the Symptom by Alarindris · · Score: 1

      Whatever happened to the days when musicians made money by PERFORMING LIVE.

      [CITATION NEEDED]

      You seem to be misinformed.

      I'd say that The Rolling Stones are probably the richest band in the world.

      From 2005-2007 they played what looks like about 200 shows grossing $558 million.

      http://en.wikipedia.org/wiki/A_Bigger_Bang_Tour

    179. Re:A Strawman for the Symptom by Galactic+Dominator · · Score: 1

      Wrong, B still has sole right to produce/license copies. Infringing on a copyright doesn't mean you become the copyright holder. The infringer wouldn't be able to sell his copies through normal distribution channels.

      --
      brandelf -t FreeBSD /brain
    180. Re:A Strawman for the Symptom by AvitarX · · Score: 1

      I really think with watermarking they would win, because they could find the source of the leak so to speak.

      I agree it would have to not reduce quality too much, but if the bitrate is high, I bet you could watermark in a 128 bit ID and have it not be noticeable. I mean were talking less than 0.1% of a second of data(I personally encode 192kbps when not using flac). It would still be trivial to remove, but less so than they meta data method of removal. And if you didn't know where it was, it would require a re-encode to remove, degrading the illegal copy.

      I can't imagine it effecting quality a significant amount, and it certainly would lead to people not wanting to share their legit versions on the net at large, especially if they didn't know how it was marked.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    181. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Ok, and my reply to this is: If I never would have paid for it, and if it has no value to me, then why do you care about lost profits that would never had been there in the first place? Simply having the possibility to listen to an old song once in a while does not take away something that never existed in the first place (theoretically). We're talking about a digital file, not a tangible piece of product, like say a CD in a store. Steal that - yes - go to jail. Download a CD, make 500 copies and sell them - yes - go to jail. Reasonable downloading is not hurting anyone. During these "troubling years" for the music industry, they have been posting the largest profits reported - ever.

    182. Re:A Strawman for the Symptom by Kytro · · Score: 0

      Your argument that copyright infringement destroys all value is somewhat flawed. It certainly removes the artificial scarcity. It is not theft, but it can negatively impact a rights holder. Since I reject the concept that you can own intangible things, I must also reject the concept that it is theft. Actual things have real scarcity.

    183. Re:A Strawman for the Symptom by relguj9 · · Score: 1

      The artist can choose the venue he performs at, it doesn't always have to be at the House of Blues in whatever city you're in.

      The ones you are referring also are oftentimes closely connected with labels so if someone signs they have to perform at certain venues. Yea, if it's a really big venue it's going to cost more to get in and use, but there's also room for many more customers and more money for the band. Also, if you sign with a label for promotion, you're obviously going to lose a lot of your cut.

      I can definitely get on the bandwagon of using law to improve the band's cut of live performance revenues though.

      My problem is with, what I consider, the extortion that's been going on for years by record labels for a recording which is entirely over valued. And now their tirade against their customers.

      In the end, they're just going to fail... recordings are just too easy and too cheap to produce and securely distribute. They need to adapt and provide us with super easy and inexpensive access or flounder and die.

      http://www.hulu.com/
      http://www.pandora.com/
      http://www.netflix.com/

    184. Re:A Strawman for the Symptom by hackstraw · · Score: 3, Interesting

      Yeah, if you use the word "theft" (or "stolen") to mean something completely different, then you can say the copyright infringement is theft. But using this method you can also claim that piracy is "robbery", "treason", "rape" and "murder". So how is "theft" different?

      As I understand it there are 3 types of crimes:

      1) Crimes against property -- things like murder, rape, trespass, theft, kidnapping, and the like.

      2) Crimes against a contract -- things like perjury, violating a contract (eg, not paying your bills), anything where one party explicitly agrees to behave in a certain way, and then they don't behave that way.

      3) Nuisance -- things that either a majority of the people consider illegal, or the minority of people consider illegal. These are things like minor traffic violations, being loud and obnoxious, public fornication, drunk in public, illegal drug possession, etc.

      Now, which of these three does TPB fit. Not 1. Not 2. Possibly 3.

      Now, at least in the US, number 3 is what is filling our prison system. Go search for crime on wikipedia or elsewhere. Look at the data for Incarceration in the US. In a nutshell, crimes in the 1 category have plummeted over the past decade. Things in the 2 category are probably constant. Things in the 3 category are filling up prisons. OK, heres a link for the US, and here are some plots regarding crime in the US.

      These plots don't agree.

      Now with the Disney "stealing" and getting infinite copyrights for public domain material, there seems to be a trend here. $$$||might == right.

      Its nice that crimes of property have gone down. Its a shame that out prisons are full of people that are merely a nuisance. Has nuisance really become that much a burden on society? Are people really suffering because of said nuisances???

    185. Re:A Strawman for the Symptom by relguj9 · · Score: 2, Interesting

      I guess that further makes the point... how is pirating really hurting bands? If anything, it's free promotion.

      Oh wait.. it's not really hurting the bands, it's hurting the leeching record labels.

    186. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Yes they are. You are taking something that people sell in order to pay their bills and feed their families. Period. It is in fact black and white.

    187. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      there is a loss of potential income.

      Then perhaps the creator would be satisfied to be paid in potential dollars.

      You are missing the point, the analogy succeeds. The point is that in order for this to be THEFT you would have to actually deprive the previous owner of an actual thing, not just of money he might or might not have made from it in the future.

      For a user, there is no loss with a digital copy. For a creator, who depends on the creation for income, there is a loss of potential income

      Again, there is NO LOSS by the creator. Nothing was taken except possibly the promise of something in the future... and ONLY if the specific person who "deprived" them WOULD have paid for it otherwise. Not might have.

      At which point we get to the "I would never have paid for that junk anyway" argument, to which the obvious response is "if it has no value to you, you won't mind not having it."

      Yes, this is exactly correct.

      For example, my next-door neighbor has a teenage daughter. This kid has several TB of data, and several hundred CD's and around a thousand DvD's. There is nothing on their storage device which they do not own on hardcopy. Last time I helped do a cleanup I found 6 Beatles "discography" files, and about 4 or 5 dozen single Beatles albums (all of which are on the discography).

      Sure, there are people who just pirate because they can, or so they can increase their upload ratio, or because of whatever. These are the same people I saw in the 80's who had an entire music collection of ripped audio cassettes & copied VHS tapes, they just went digital.

      And for the record, I don't bother using P2P and don't even have a client installed on any of my machines. But stop trying to tell me people are stealing music because they're not, and don't tell me people are losing money to the 'sharers' because they're not.

      I'm not justifying the behavior, but this really is no different than the old children's game of "Ooo, I got your nose!" except the RIAA is the child, and they want you to believe that I really did take their nose.

    188. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Err, wrong, what I say is actually true. Sometimes a good is priced too high for some people. They may be a small minority, but they're probably still a large number. If you can't find said good cheaper elsewhere, or something comparable cheaper, you're going to use illegal means of acquiring the good.

    189. Re:A Strawman for the Symptom by msuarezalvarez · · Score: 1

      Your analogies do not work, because of the way cost is structured. The costs of producing each unit, etc.

    190. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1

      Certainly, B still has the sole legal copyright, but this right has been de facto rendered meaningless because A has become an unauthorized distributor. B no longer controls production and distribution. So this was stolen from B.

      --
      Stop! Dremel time!
    191. Re:A Strawman for the Symptom by Bryan+Ischo · · Score: 1

      Wrong. That is not a reasonable definition of the word theft. Taking something away from someone against their will is theft. So taking someone's sole right to produce copies of their work, a right granted to them by law, is theft.

    192. Re:A Strawman for the Symptom by relguj9 · · Score: 1

      That was also more of a rhetorical question.

      If I'm not mistaken, I haven't search engined a source, but the majority of bands get their highest revenue from touring.

      Free recordings are free promotion. (sorry for re-statement) And really do the most hurt, if not all of the hurt, to the labels and not the bands.

    193. Re:A Strawman for the Symptom by moxley · · Score: 2, Insightful

      "They are trying to own who we are, and sell our own culture back to us rather than innovate said culture."

      Best sentence in your post IMHO, and a sentiment that is as worrisome on it's own (for other reasons) as this entire debacle is.

      You make some great points - but I will add the following:

      DO you think it would even be possible to pass such a law? Our country (in the US) is broken, and unfortunately I think we're in for more of the same from our new president in this respect.

      No matter how right or wrong it is to reform these laws, the powerful interests which own our country, much of our pop culture, our resources, and 96% of our politicians won't allow it - and I haven't seen anything in the past month or so restore constitutionality and rule of law.

      So, for once the big corporations have something that they can't control - the control has been taken from them.

      If you're talking about the Pirate bay trial, I don't think the outcome should be a given...there is the argument that Google does the same thing as TPB, and remember that this is Sweden, not the US. - but with that said with how long it has taken for it to come to this and all of the pressure on Sweden I am thinking they may not get a fair trial..I hope they do...

      The typical pirate response to your statement about people "trying to justify" downloading - it goes something like this:

      I don't need to justify it, justification is a foregone conclusion - I sleep soundly. I've done no wrong - and anybody who has ever driven 1mph over the speed limit or broken any other law can't say shit about "b b but you're breaking the law" - maybe, maybe not, but I don't care if I am. I pay for software, I pay for music from independents, I download things, if I like them then I go buy them, if not they end up deleted.

      Ever notice how it's always the industry groups and rarely the actual artists who are fighting this? One reason is because the industry groups want the artists for their own private economic rape sessions.

      In a way downloading is a new type of consumerism and a new type of economic corporate/civil disobedience....I think a lot of people feel like as long as they are supporting the artists when they actually download and keep something, then they feel like everything is good and the only one getting screwed are those who are responsible for everything that is wrong with our culture and economic system.

    194. Re:A Strawman for the Symptom by ZERO1ZERO · · Score: 1
      He's making fat cash, yet he doesn't want to pay for a single fucking game. Meanwhile, I have bought every game for my 360 (a lot of arcade titles), and I don't even have time to play the ones I could afford. That's no small pile, mind you

      Firstly, what does the amount of cash someone earns have to do with A) whether they pirate and B) how much they pirate and C) How many genuine copies they buy?

      Secondly Why are you spendning money on these games that you yourself admit you have no time to play?

      Just pirate them and be done with it.

    195. Re:A Strawman for the Symptom by Galactic+Dominator · · Score: 1

      Either you're grasping at straws to maintain a flawed argument or I should contact some people about selling syndication rights.

      B no longer controls production and distribution.

      No amount of repeating that will actually make it true. Once any copyrighted material is released to the public it's could be reproduced digital media or otherwise. The ability of a consumer to reproduce a work is not theft no matter how you spin it. The author still has sole possession of the copyright and is the only one who can license it's use. I've yet to see someone selling pirated dvd's out of their trunk or a renting one from blockbuster.

      --
      brandelf -t FreeBSD /brain
    196. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I write music sometimes, and if people wanted to copy my music I would just be happy that someone liked it enough to do that.

      Music 'piracy' probably leads to a lot of sales. If I download some music by a band, and I really like their music, I would probably want to buy the album to show support. People might not realise how much they like a band until they listen to an album, and people won't be able to listen to an album unless they obtain it somehow. People won't buy an album if they aren't that interested, but they likely will download it. And perhaps by downloading it, they will become a fan who buys albums.

      Many people who download probably just wouldn't listen to the music if downloading was not an option.

      I think filesharing is like free advertising.

    197. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      If someone as articulate as you have no power to change a thing,
      how are mere mortals such as any other anonymous coward to do it?

      The oonly way to put pressure on them is to fight them with what
      we don't have, because if we went head-to-head, their accumulated
      resources have any mere mortal overmatched.

      I say keep fighting, using guerilla tactics, where you don't
      play by their rules, because their accumulated power,
      has beaten the system.

      When fighting an opponenet is surely to get you crushed
      into oblivion, there is no point fighting by their rules.
      When the game have been fixed, the rules no longer apply.

    198. Re:A Strawman for the Symptom by JesseMcDonald · · Score: 1

      There is no such thing as a property right in "potential income". Loss of potential income is still not theft.

      Copyright is a privilege, granted in opposition to and in violation of the inherent property rights of others. Copyright infringement is thus the loss of an artificial and destructive privilege, which, despite its obvious monetary value, is not any kind of right. Theft, on the other hand, is the violation of an inherent property right. The two are completely disjoint; the nullification of an artificial privilege is not equivalent to the violation of an inherent right.

      Piracy is just another form of competition. Black-market, illegal competition, perhaps, but in that it is no different from any other case where non-rights-violating free trade is unjustly and arbitrarily outlawed.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    199. Re:A Strawman for the Symptom by Goaway · · Score: 1

      Luckily, it also happens to be the truth.

      It's only propaganda if you don't like what it says, huh.

    200. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      The performance artists in general dont receive the royalty on a recorded piece of music - the composers/authors are the one who are getting that.

      It seems a common misconception that just because someone "plays" a piece they are entitled to some of the rewards.

    201. Re:A Strawman for the Symptom by marco.antonio.costa · · Score: 1

      But that doesn't mean that "copyright infringement" is ok, it's not. The marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace, and it's to the interest of the marketplace (including its consumers) to see that the demand side of the equation is preserved so that the engine of the free market can still operate.

      Artificially restricting supply by legislation hardly goes along with any free-market concept. By the same logic, Katrina was great. It increased the demand for basic services, building contractors and much more.

      Copyright infringement is not theft, it merely makes a dent in what otherwise is a monopoly profit.

      Book tip for a very good exposition of the view opposing patents, copyright and trademark legislation.

      --
      Send your spendthrift head of state this
    202. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      For a major label, 2 cents per song go to the artist when you buy music off iTunes. If artists can live on 2 cents per song, they can live on 10 cents per song.

      They would be getting paid 5 times as much and would sell more because the music is cheaper. Sounds good to me.

    203. Re:A Strawman for the Symptom by aztracker1 · · Score: 1

      Personally I like mp4... I really wish that it was better supported in windows out of the box. Not that VC-1 is so bad either. I don't consider matroska (mkv) a better container than avi overall. Then again, sometimes patent free software is more important than technical advantages. I'm just sick of all the crap out there... If more stations supported sites like hulu, I could accept that. I don't mind a reasonable number of commercials, but we're getting close to 1/3 of tv programming being commercials. My only irritation with hulu comes down to the same commercials repeated 6-8 times when viewing a handful of shows. Here's hoping for a better solution.

      --
      Michael J. Ryan - tracker1.info
    204. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      To clarify as to why I think "piracy" is fine is because the major record label company happen to be the thieves.

      Does that work for everyone and everything, or just for you and the things you wish to rationalize?

    205. Re:A Strawman for the Symptom by Standard+User+79 · · Score: 1

      Well that's a shame because not every artist likes to perform live (or are they good at it). Some people are just great at making music - for example the Beatles who never played most of their music live.

    206. Re:A Strawman for the Symptom by morgan_greywolf · · Score: 1

      Of course the market says the prices are too high. What matters is if the market is still willing to pay anyways... and since CD sales haven't stopped completely, it's worth saying that people are continuing with paying at the current prices.

      Remember that only 50% of US households even have a computer. Of course CD sales haven't stopped completely.

      Also, your example of Walmart is flawed. If you're saying that they do believe that lower prices == more sales, try seeing what happens to your profits.

      The basic model of Walmart, or any discounter, is that they sell their products cheaper than most of their competition and make up the profits on volume. Walmart's "special twist" is that they initially sell products cheaper than anybody, including themselves, can make money at, knock all their competition out of business, and then use their newfound market power to negotiate ridiculously low prices from their vendors, and then make huge profits selling products at low prices AND high markup. Ingenious, I tell you, if not a bit dirty.

      Anyway...

      There's also that funny tilt factor of people judging the worth of a product by it's price, and such low (or free) prices often mars their view of it.

      You must be a baby boomer. Gen X and younger have figured out that just about everything these days is a commodity. Very few of us ever pay full retail for anything. Some of us have figured out that the old adage 'you get what you pay for' is very often complete bullshit.

    207. Re:A Strawman for the Symptom by msobkow · · Score: 2, Insightful

      I used to be whole-heartedly against sites like TPB because I could afford to buy any DVDs that I wanted. But more and more often I found myself disappointed with the results of the purchase, and more and more often I felt ripped off by yet another over-budgetted "blockbuster" with a lame story.

      Eventually I started downloading R5's so I could check out the movie before spending my hard-earned cash on the DVD.

      It wasn't too much longer until I realized that Hollywood doesn't produce anything worth buying anymore. The days of movies that I'd watch 3-4 times are gone -- I have trouble sitting through the current crop of drek even once. What's the point of buying something for the collection if it's not worth watching a few times over the course of a couple of years?

      TV is in much the same boat. I simply cannot bring myself to believe that it's worth $40-45/month for cable, when I've lived without a TV for three years. Sure I download a lot, but it's old series with episodes that I missed (e.g. I missed seasons 3-4 of Star Trek Deep Space 9 because I was on the road a lot for a couple of years.) What has been catching my interest are "foreign" TV series from the UK and Australia. They still haven't been inundated with "reality" TV as far as I can tell.

      --
      I do not fail; I succeed at finding out what does not work.
    208. Re:A Strawman for the Symptom by tony1343 · · Score: 1

      In the United States, it's unconstitutional to pass an "ex post-facto" law - how is it that the terms of copyright are being retroactively renegotiated?

      Probably because the Constitutional ex post facto provision only applies to criminal laws and not civil ones. See Calder v. Bull, 3 U.S. 386 (1798).

      Before some of you go about getting very angry and saying the Constitution doesn't say it only applies to criminal laws, note the date of this case (1798 - decided by people who were around during the time when the Constitution was created).

    209. Re:A Strawman for the Symptom by hackstraw · · Score: 1

      For a creator, who depends on the creation for income, there is a loss of potential income.

      I was a creator of software for a company, and they decided it was in their best interest because the economy was down to let me go so the company would survive. That was a loss of real income which I depended on to eat and have a roof over my head.

      I've been kicked out of living arrangements before and I've kicked people out of my house before. Both them and myself depended on someone else at the time for a place to live, which ended up costing the kickee real money each and every time.

      In none of these scenarios was anybody sued and it was never considered as far as I know.

      Life isn't fair. Shit happens. Nobody is entitled to anything. Hard work and patience and living within your means is a pretty good equation for success.

    210. Re:A Strawman for the Symptom by Sparton · · Score: 1

      You must be a baby boomer. Gen X and younger have figured out that just about everything these days is a commodity. Very few of us ever pay full retail for anything. Some of us have figured out that the old adage 'you get what you pay for' is very often complete bullshit.

      My apologies, I should have clarified that not everyone really judges in that matter. I'm not a baby boomer (child of one, though), so while I don't fully believe in the sentiment, I deal with a fair few who do.

    211. Re:A Strawman for the Symptom by gbarules2999 · · Score: 1

      It is a reasonable argument to just stop consuming, which is what I'm doing, anyway. And the companies like to blame piracy for their lowered profits, when in reality it's just people not buying their crap. There are more options than buy or pirate, you know.

    212. Re:A Strawman for the Symptom by DamienRBlack · · Score: 2, Insightful

      I'm afraid you're wrong. Theft requires an object to be taken from one person and given to another. Even if you ignore the "object" part of that definition, no one would call it "theft" when someone punctures your tire, taking away your ability to drive to the store. You wouldn't use the word theft because nothing was stolen. The puncturer doesn't now have the ability to drive to the store. He didn't "steal" that ability from you. No theft was committed.

      Yet you are trying to use the word theft in the above incorrect context. You are claiming that the "thief" "stole" the ability to be the sole reproducer. But the "thief" doesn't now have the ability to be the sole reproducer, so how is it theft? Similar to puncturing a tire and taking the ability to drive to the store, copyright infringement is not theft. Not even the *IAA's try to charge people on theft. But I'm not talking about the law here, I'm taking about definitions. It is a fundamentally different situation when one steals something and when one copies something. And fundamentally different morals are involved.

      If you want to argue that copyright infringement is wrong or immoral, go ahead -- that is your right and you might have a point. But if you are going to equate two things that are fundamentally different in the attempt to cast one of them in a bad light -- that is propaganda of the most manipulative sort.

    213. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1, Insightful

      Either you're grasping at straws to maintain a flawed argument or I should contact some people about selling syndication rights.

      B no longer controls production and distribution.

      No amount of repeating that will actually make it true.

      Nor will repeating this make it not true. If someone else is reproducing and distributing your work, you are, by definition, not in control of production and distribution.

      Please note that there is a difference here between simply distribution and legal distribution. You seem to be equating the two.

      Once any copyrighted material is released to the public it's could be reproduced digital media or otherwise. The ability of a consumer to reproduce a work is not theft no matter how you spin it.

      Not if for their personal use, no, but if they're redistributing it then it is theft.

      The author still has sole possession of the copyright and is the only one who can license it's use. I've yet to see someone selling pirated dvd's out of their trunk or a renting one from blockbuster.

      Evidently you hang out in the wrong neighborhood... or maybe it's that you don't hang out in the wrong neighborhood. :)

      But are you aware that people download stuff off of bittorrent and other places? Or do you think that isn't unlawful duplication and distribution (i.e., theft of the the author's right to be the sole source for distribution)?

      --
      Stop! Dremel time!
    214. Re:A Strawman for the Symptom by Arker · · Score: 2, Insightful

      What's "stolen" is B's sole right to produce copies.

      Again incorrect. First rights cannot be stolen, only violated, but second and much more important, B has no right to force A not to make copies. This is not a right, it's a privilege - a monopoly grant from the state.

      So the correct formulation would be:
      "What's violated is B's grant of privilege to a monopoly on the production of copies."

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    215. Re:A Strawman for the Symptom by Malc · · Score: 1

      You think that's bad? Try Australia: AUD$33 for a pair of tickets in Melbourne recently. I'm only visiting, so I'm happy the AUD$ has dropped from almost parity with the USD$, but it would have sucked six months ago. Bittorrent isn't really an alternative as the internet is tiered and ridiculously expensive (try AUD$90 for 15GB per month, especially when I'm used to paying CAD$25 for the same speed and unlimited bandwidth). Maybe that's why the cinemas can get away with extortion.

    216. Re:A Strawman for the Symptom by Eravnrekaree · · Score: 1, Insightful

      That you are downloading all of this music and listening to it, you obviously seem to like it and believe it has some value. On one hand you are saying you do not want to pay anything for tyhe music but you continue to download it, which indicate you think it has value. So basically you are trying to take something which you think does have value and not support those who produced these things. Producers of music do need to make a living especially if they are able to spend the time needed to produce it.

      I say cut out the record company middle man and lets just directly fund the artists through buying their work if we think they are high quality. I think there are a lot of independant artists who need support, and I certainly prefer that music rather than listening to britney spears and other mass produced overmarketed artificial crap produced by large record companies. Record companies are the problem. They take a majority of the money from the sale of music, and they have had too much control as to what music is actually published.

    217. Re:A Strawman for the Symptom by mdwh2 · · Score: 1

      A nice generalisation. The vast majority that I bittorrent is TV that's already showing on TV channels I pay for (I just like the convience of watching when I want, and not having to wait several months for it to come out in the UK), and in particular, content that I've already paid for via the mandatory TV tax we have here in the UK.

      And if copyright were a sensible term such as 30 years, I'd be happily download copyright free music, and making more sure that anything new is material that I buy (I do still buy plenty, after all).

      Here in the UK, music retailers can sell vouchers, then decide that if they're in financial troubles, they can decide not to honour them, even though they're still trading. That's theft. Because, unlike your incorrect usage of the word, I am deprived of that money - it hasn't merely been "copied". Yet if I copy the equivalent content of what they stole from me, I'm the one accused of ruining the industry!

    218. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 2, Funny

      It's theft when C sells something for $25 and D sells it for $20.

      It's theft when C buys the Rolling Stones but not the Beatles.

      It's theft when C buys a cd and sells it on ebay.

      It's theft when I walk on someone's lawn, since I have stolen their exclusive right to their property.

      It's theft when I murder someone because I have deprived them of their life.

      It's theft when an employer releases an employee, since the employee's livelihood has been taken.

      Christ! Everything is theft!

    219. Re:A Strawman for the Symptom by anagama · · Score: 2, Insightful

      Theft may not be the perfect word perhaps, and if you read carefully, I didn't exactly say it was -- that was in a parent post. I did refer to the "sharing/theft" arguments however, so it is fair to think I'm calling illicit copying "theft". Technically, illicit sharing amounts to something much closer to "depriving a property owner of his property without his permission" -- which is kind of a mouthful. Most people tend to live their lives using human-speak rather than legal jargon however, and so while it may not meet a statutory definition of theft, a creator might feel after risking much and working hard, that illegal copies are stealing his ability to earn a living from his talents.

      The semantic argument about "sharing/theft" that the P2P crowd gloms on, tells us nothing about whether it is right or wrong to take someone's work without their permission. And while "theft" may not fit a perfectly legalistic definition of the manner in which a creator's property is taken without permission, is English a language flexible enough to encompass multiple meanings in multiple contexts? And even if English has become so rigid that people cannot use words colorfully, is it somehow right to deprive a person of their income source simply because digital copying is trivial?

      I can respect the creators' desires to profit from their work. I can understand users' desires to get stuff free. What irks me are those who engage in illicit copying and try to justify their actions by silly arguments. You're taking the fruit of someone's labor and not paying for it. Be honest with people about what you are, maybe even proud -- get CD tatoos on your knuckles or something, but skip the moralizing and the rationalization.

      --
      What changed under Obama? Nothing Good
    220. Re:A Strawman for the Symptom by dave562 · · Score: 2, Insightful

      The cost structure has nothing to do with whether or not $1 is a "fair" price for a song. The point that I made and the point that is still valid is that people pay more every day for things that the consume. They pay more to consume things that they can't even consume more than once.

      The whole idea of music and movies is a simple one. If the cost to the consumer are so out of whack with the production costs then the consumers should go ahead and jump right on in and get rich. After all, that's what "the labels" and "the studios" are doing, right? They're in there, making money hand over fist and ripping off the rest of society.

      Go ahead and find a local band. Find a local band who is actually good enough that you want to listen to their music. Get that local band together, coordinate their schedules, get them into a studio. Get the studio people to master the tracks. Pay the electric bills at the studio to power the equipment. Put the ISP into the equation to host the file. Then go ahead and bring everyone involved, from the band, to the person who sold them an instrument, to the studio tech who captured the sound, to the ISP who hosts the music... put all of them together, and tell them to fight over $1. As a matter of fact, spit on those people and tell them that they're greedy, and that they're stupid for expecting a dollar for their collective effort. Make them fight over 11 cents, or whatever out of your ass figure you feel is fair. Because after all, once they've all done their part, they aren't entitled to any profit from it.

      It's really simple. If you can't afford to pay $1 for a track, you're a poor, broke, worthless sponge who sucks off of society. If you can't afford to pay $20 for a DVD, then go rent it for $5. If you can't afford to rent it for $5, then you should probably be working on developing some job skills, because I can give $5 to every person I talk to on a normal day and still not spend as much as I earn in that day. The argument that copyright law is messed up and that undeserving people are making too much profit is a big, fat, load of fucking shit.

      There are alternative distribution channels out there for musicians and artists to utilize. They are utilizing them, and they're finding that for the most part, they aren't making much more than they were making with the major labels. We lived in a fucked up society that has become so focused on the short term that they can't see the bigger picture. We live in a society where people believe what they see on television. They turn on MTV and see some douche bag with huge diamond earrings driving an expensive car and they don't think, "Gee, those diamonds were rented for the video shoot, and that car isn't even paid for, the guy is leasing it."

      For a second consider the number of people who have to put effort into an open source project. How many people put effort into Zimbra before Yahoo bought them for $350 million dollars? Maybe 100 people? So 100 people each got $3.5 million dollars for writing some code? How stupid is that? Yahoo should have just pirated the source. It's not like those Zimbra guys are entitled to what they developed. After all, they just used compilers that anyone can download for free. Sure, they spent some time on it... but anyone can spend time writing code... just like any monkey can play an instrument and sing. Just like any monkey can orchestrate the three ring circus that is getting a movie produced. I mean it's simple shit, why do people actually expect to get paid for what they do? What... those Zimbra guys got STOCK OPTIONS!? They're going to get paid, based on how well their company does. How fucking stupid is that? That sounds almost as out of whack as getting royalties on a song, or a movie. What fucked up, lamed brain distribution model is that?! Stock options... a return on an investment. Hahahahaha.... what kind of idiot came up with that ludicrous scheme? That's one pyramid that needs to be torn down.

    221. Re:A Strawman for the Symptom by Eravnrekaree · · Score: 1

      I second this. It infuriates me to no end that I am unable to legally purchase so many contents legally. $2 for an episode that is shown for free on TV is indeed a huge ripoff, I dont care if they leave the advertisements intact, i am more than willing to put up with that as I would have that on my VCR anyway. There is really no excuse for not offering TV shows for very little cost or perhaps, even a feature that would allow a consumer who already subscribes to a cable channel to download the episodes from that channel at no additional cost, and an online only flat subscription for those who dont have cable, why pay twice? For over the air channels the content is free anyway and i could have simply recorded it on my VCR they are not losing anything by offering it for free, if they leave the ads intact they are gaining something by increasing ad exposure.

      The country/region code and DRM has to go. If I purchase something, pay money for it, I should not have all sort of restrictions that prohibit my private use of it. What does it matter, if I buy a european DVD? I am still paying for it. they should be happy.

    222. Re:A Strawman for the Symptom by Plaid+Phantom · · Score: 1

      I, for one, welcome our brain-mush-eating overlords.

      --
      All comments are properties and trademarks of the voices in my head. Not like I'm gonna claim them.
    223. Re:A Strawman for the Symptom by Galactic+Dominator · · Score: 2, Insightful

      Please note that there is a difference here between simply distribution and legal distribution. You seem to be equating the two.

      Please note that there is a difference here between simply copyright infringement and theft. Copyright infringement is distributing works without a license. That is the discussion here, not the legality of distribution.

      Not if for their personal use, no, but if they're redistributing it then it is theft.

      No it's not. Considering the mountain of legal precedent and statues to contrary it's difficult to understand your need to say a falsehood again and again and again.

      But are you aware that people download stuff off of bittorrent and other places? Or do you think that isn't unlawful duplication and distribution (i.e., theft of the the author's right to be the sole source for distribution)?

      I certainly think it's morally wrong at some level, and illegal in the sense of copyright infringement. My point and the basic intent behind our laws is that distribution licensing is the is the right of the copyright holder and none other. Other parties guilty of copyright infringement does not change that fact. The right only belongs the holder and therefore even if illegal distribution did occur it's illegal because the owner didn't license it.

      (i.e., theft of the the author's right to be the sole source for distribution)?

      Since we're in the land of redundancy, special consideration should be given to the text in bold.

      That right is not compromised in any scenario or argument you have presented.

      If someone is guilty of illegal distribution, it's because they did so without the consent of the copyright holder who is the sole owner of that right(and remains so even in an infringement case).

      Copyright law grants that right to the author and deems a violation of it as copyright infringement. Are you going to use the law in one breath and disregard it in the next?

      --
      brandelf -t FreeBSD /brain
    224. Re:A Strawman for the Symptom by anagama · · Score: 1

      Yes, you can do whatever you want with your physical copy except make an identical copy, give it away and keep your copy to boot. You are perfectly free to give a copy to your friend and delete your own. If you would like the right to make and distribute multiple copies, you are free to negotiate with the person who holds the copyright. Just be prepared to pay more than $0.99 per track.

      --
      What changed under Obama? Nothing Good
    225. Re:A Strawman for the Symptom by omi5cron · · Score: 1

      if you copy someones answers in school, it is stealing. truly, this can be both. i know, because i do. (copy/steal).

    226. Re:A Strawman for the Symptom by dave562 · · Score: 1

      Those "one hit wonders" were made by the studios. How do you think their tracks made it onto the air in the first place? That's right... the studios paid for the air time. Maybe their song was in a major movie. How did that major movie get made and distributed? Oh ya, that's right... the studios paid to make that happen. How did their song make it onto a movie soundtrack? Hmmmm, maybe... the studios put out the sound track?

      I have a challenge for you, AC. Show me some details about a one hit wonder who was self made and got ripped off by the studios. Show me the one hit wonder who got all of their exposure through word of mouth, without any sort of AR department or other PR support. You said that there are plenty. Show me ONE.

    227. Re:A Strawman for the Symptom by Quothz · · Score: 1

      Whatever happened to the days when musicians made money by PERFORMING LIVE.

      This did.

    228. Re:A Strawman for the Symptom by I(rispee_I(reme · · Score: 1

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

      The GNU/Free Software people most certainly care about copyright law, because without it their pet license is unenforcable.

      Without copyright law, there is no need to enforce the GPL, because everyone has the rights it grants to the end user.

    229. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I think the media companies need to figured out a happy medium to reduce their losses and then prosecute the rest. For example lowering the price of a song to say $.75 and then suing people who distribute.

      Why $.75? Why not $.30 or $1.50? Because it suits YOU? Why everyone who do not agree with YOU should be punished?

      Please, stop thinking like an average US citizen.

    230. Re:A Strawman for the Symptom by Michael+Hunt · · Score: 1

      Copyright infringement is theft from the copyright holder, not the consumer. And it IS theft.

      No. It isn't.

      Copyright, as a concept, was invented to ensure that there was some degree of incentive for creative works to be produced, by allowing the creator (or her assignees) a temporary monopoly in order to make bank off their effort. Copyright infringement, as a concept, exists solely due to the fact that copyright, regardless of its intentions, is a fiction due to the very nature of information propagation.

      You want to talk about theft? Fine. Talk about how 99% of western culture has been branded, monetized, and is now owned by some corporation or other. Talk about how Sonny Bono and Cher stole Mickey Mouse off the American people in 1997. Talk about what the various WIPO and Free Trade treaties do to perpetuate this (Australia's high court ruled that the DMCA-style law of the day only applied if you were ALREADY breaking the law, then we signed USAFTA and are now obligated to introduce a NEW DMCA-style law, for instance [1].) Talk about how much money the IFPI have spent bribing officials in the Swedish judicial system. Talk about Fritz Hollings and the SSSSCA/CBDTPA. Talk about what these fuckers have stolen off society at large and YOU in particular.

      But don't tell me that I owe the fuckers who sue daycare centres for singing 'happy birthday' a brass razoo. I don't. If you believe otherwise, then you've already lost the game.


      [1] Sony v. Stevens, http://www.out-law.com/page-6200

    231. Re:A Strawman for the Symptom by Theoboley · · Score: 1

      So you want them to suffer because of what they do? That's not exactly right. Artists make bum diddly off of their album sales. Even if they were to rely on their album sales for money, they wouldn't be exuberantly rich. It sounds to me like you're jealous or a failed musician ;)

      --
      Stupidity only gets you so far, then you've gotta try
    232. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Do you have any evidence that the author (as opposed to the label and middlemen) receives any significant part of that money?

      What difference does the amount they receive matter? Besides, obtaining it through copyright infringement guarantees that the amount they receive is zero.

      Of the professional musicians I know, 95% of them get most of their income from playing gigs, teaching, working a day job, or some other source.

      So that makes copyright infringement OK? Or is it only OK to infringe on the copyrights of those that you know have other sources of income?

      You're an idiot. Please don't post here anymore.

    233. Re:A Strawman for the Symptom by TyIzaeL · · Score: 1

      If you simply have to have some music that only comes with restrictions, for God's sake PIRATE IT. It's better than the alternative.

      Especially when you are a criminal either way.

    234. Re:A Strawman for the Symptom by neokushan · · Score: 1

      How have you come to that conclusion? My point was simple - I support artists by going to their shows, which as you've indirectly stated is how they make their money. They don't profit much from album sales, so I don't feel guilty for pirating them.
      The above commenter seems to think otherwise. I suspect they're the one that's really the failed musician.

      And for the record, I have no musical talent what so ever and never once pretended I did. I'd probably make it big.

      --
      +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    235. Re:A Strawman for the Symptom by shutdown+-p+now · · Score: 1

      If my unwillingness to purchase certain media leads to the failure of that market, I'm quite ok with that. Of course, if you need hired thugs to convince people to buy your product, "market" doesn't really apply. "Racket" is the word you're looking for.

      If you're unwilling to purchase certain media leads, you're quite free to do so, whether it leads to the failure of that market or not. You're not free to obtain them by other means, so you get to enjoy the fruits of others' labor for free.

      Cue the rant about insanely long copyright terms etc here. I agree and subscribe to all that, but cutting copyright terms still doesn't mean "free stuff". As the GP rightly pointed out, even if we had 1-year copyright terms, TPB would still be about copyright infringement, which would still be just as wrong.

    236. Re:A Strawman for the Symptom by Gandavyuha · · Score: 1

      Some philosophers might argue that you are the one who is delusional since you believe there is something called property in the first place. Property is a man-made construct, similar to the Tooth Fairy. It has its uses, primarily in the area of keeping goods in one's own hands and out of the hands of others.

      But actually, you "own" something if and only if you have the power to keep it to yourself (either through your own force, or a proxy force such as that of legal authorities, armies, gangster friends of yours, etc.). Lacking that power, you don't own it at all.

      If a gopher steals your shoe and runs off and buries it somewhere, what happens to your "property" then? A gopher doesn't recognize your "property" because a gopher has not been conditioned to believe in the construct of property. The shoe belongs in the possession of whoever can take it.

      When we are talking about something as deeply abstract as digital information, which can be stored in the form of an arrangement of magnetic switches, radio waves, or even ones and zeros printed out longhand on a page, there is even less reason to cling to this construct than in the more everyday realm of material objects.

    237. Re:A Strawman for the Symptom by DrSkwid · · Score: 2, Insightful

      So now .torrents are moral acts?

      How to square this.

      London to Brighton cost $120k to film. It won the Edinburgh Film Festival New Director's award and a host of other awards. Probably the most sucessful UK independent for 2006.

      It grossed $442,981 worldwide. tbh I don't know what that means in net terms.

      So that's $320k left to spend after production. I have no idea what the marketing & distributing costs are but that's not a lot to go round. The actors & crew will also be on profit share points for that.

      Here's your chance to stick it to the man

      Demand destruction is also incentive destruction.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    238. Re:A Strawman for the Symptom by Maestro485 · · Score: 1

      Want to fix the problem? Fight to have sane copyright laws re-introduced. Having 100+ years to own a copyright (with unlimited future extension) is stupid.

      Riiiight, because the people who got those insane copyright terms introduced (the "victims" of your post) are just going to sit back and applaud my efforts to get copyright reduced to 7-14 years like it was originally.

    239. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      You keep changing the question. And if you think the studios haven't screwed over countless artists then you're living in your own world.

    240. Re:A Strawman for the Symptom by mpeskett · · Score: 4, Interesting

      It pains me to have to explain this thing again, but maybe if it's said enough times people will actually take notice...

      Copyright infringement is a distinct thing from theft/stealing. They are two separately defined legal terms, plain and simple, not the same thing. They are both illegal. They are not the same crime.

      The ethics of whether copyright should be changed/abolished, whether infringement should be made legal (and hence would no longer be "infringing") and the fight between TPB and the industry, these are all entirely separate issues. The only thing I'm saying here is that "Theft" and "Copyright Infringement" are two clear and distinct terms with different meanings under the law. There is no reason whatsoever to conflate them, and pretend they mean exactly the same thing.

      Well, not quite true - there is one reason, and as far as I can see it's the only reason, and that's because "Pirates are stealing our music" has more emotional impact then "Our copyright is being infringed". The whole "you wouldn't steal a..." campaign, for example, relies on erasing the difference in people's minds between theft and infringement, to make them feel bad about something they may have been doing without thinking about it. Doesn't change the legal side of things, only peoples' perceptions, but perceptions can be powerful. The industry are using that to their advantage and I for one don't like their way their doing it, so I'll insist on correct use of the terminology.

      You could even draw parallels with Orwell (although doing so feels cliched) - the 'Newspeak' idea revolved around removing words with similar meanings so that varied and nuanced ideas would be collapsed into a single concept. So all forms of political dissent, freedom fighting etc would be lumped together with terrorism and the like under the label "thoughtcrime", making the not-so-bad parts sound as bad as the very worst parts. It's the same deal with putting theft and copyright infringement together under "stealing" - suddenly infringement sounds worse than it did before. Whether it's actually as bad as stealing or not is a side issue to be determined separately (and personally) but if we let them convince us that they're the same thing then the debate will be over without it ever having taken place.

    241. Re:A Strawman for the Symptom by Dun+Malg · · Score: 1

      ... but copying files, even copy-written ones ...

      Please tell me you wrote that because you were drinking, and not because you think the right in "copyright" has something to do with writing.

      --
      If a job's not worth doing, it's not worth doing right.
    242. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1

      Since we seem to be going in circles, allow me to summarize my argument:

      • Upon creation of a work, the author is granted the sole right to reproduce and distribute this work.
      • Once the work has been distributed by the author, no other individual is physically prevented from further reproducing and distributing the work.
      • If someone takes advantage of this and begins to further reproduce and distribute the work, the author remains the only one authorized to do so.
      • Nothing has physically been taken from the author, but the infringer has assumed the production and distribution of the work, which is right of only the author.

      I'm not trying to say the infringer has stolen the right in the sense that he now has the right, I'm meaning the infringer has stolen the right in the sense that he has de facto taken that right away from the author by making the author no longer the sole distributor. Legally, the author is still the only person with that right, yes, but someone else is ignoring that and acting as if he had that right.

      --
      Stop! Dremel time!
    243. Re:A Strawman for the Symptom by VisceralLogic · · Score: 1

      I'm afraid you're wrong. Theft requires an object to be taken from one person and given to another.

      So it's not theft if someone comes into your house, takes away your TV, doesn't give it to someone else, but throws it into the ocean?

      In the case of copyright, the "thief" doesn't gain copyright, but deprives the author of being the sole distributor (i.e., the copyright). Consequently, it is a theft.

      --
      Stop! Dremel time!
    244. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Last I checked, a king sized candy bar costs more than that, and you can only eat the thing once.

      Well, that's not exactly true, but not everyone is into 2 girls 1 cup either.

    245. Re:A Strawman for the Symptom by internettoughguy · · Score: 1

      Well i wish i was pulling the big bucks like you. where im from CD's cost 30 bucks, and to be honest i simply don't have the disposable income to by any. however i find my self being able to download music at no cost to anyone, without having to trade scarce money for non-scarce goods. are you going to tell me, that i should not have data that costs no one but my own bandwidth to obtain, not depriving anyone anything, because in my case what is being asked for in return simply does not exist, but the data does in âz supply.

    246. Re:A Strawman for the Symptom by kocsonya · · Score: 1

      "to see that the demand side of the equation is preserved so that the engine of the free market can still operate."

      I thought we were talking about copyright, an artificial monopoly arrangement, a concept that's kind of orthogonal to the "free market".

    247. Re:A Strawman for the Symptom by t0y · · Score: 1

      If you invested your life savings as stock in a company, and the CEO did stupids that resulted in a rapid shrinkage of your life savings, you'd want to lynch him, wouldn't you?

      Tough luck, happens every day.

      If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

      That's theft, not copyright infringement. Even if the "somebody else" aquired an illegal copy from somewhere else and sold it to the company it would still be theft unless he wasn't pretending to be the "creator". That would be copyright infringement. Come on, it's easy to spot the difference.

      If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

      That would be a plain old ripoff, not theft. Morally wrong, sure. Illegal, very likely. Next time vote for the other guy.

      More: in all these comparisons you are wrongly assuming that the value of copyrighted goods become zero after being copied. Which is simply not true.

      Sure, it'd piss me off to see the my software being copied and crippling the model I chose to be paid but hey.. it's not like I didn't know about it before and there are no alternatives, right?

      Go out and watch your favourite bands live, it'll give them more money than you'll ever be able to give them through the "regular" channels.

    248. Re:A Strawman for the Symptom by russotto · · Score: 1

      So it's not theft if someone comes into your house, takes away your TV, doesn't give it to someone else, but throws it into the ocean?

      Of course that's theft; when the thief took away the TV he possessed it while I didn't; that he later tossed it in the ocean doesn't change that. If he'd destroyed the TV without taking it away, it wouldn't be theft.

      In the case of copyright, the "thief" doesn't gain copyright, but deprives the author of being the sole distributor (i.e., the copyright). Consequently, it is a theft.

      The thief doesn't gain copyright and the author doesn't lose it. So no theft on two counts. You could "steal" copyright through fraud, or by putting a gun to the copyright holder's head and making him sign it over to you, but not by merely making an unauthorized copy.

    249. Re:A Strawman for the Symptom by kocsonya · · Score: 1

      "with a third category of "foreign films hacked to ribbons by American studios" also applicable."

      Why would you want to watch the Americanised version if you could see the original?

    250. Re:A Strawman for the Symptom by russotto · · Score: 1

      Musicians most likely get a cut of the ticket sales and not the $40 worth of extra charges that get tacked on.

      You're not thinking evil enough. Most likely musicians have to pay the venue for the privilege to perform, said payment being taken out of their future royalties as "marketing expenses", and a large part of said payment being kicked back to the record companies.

    251. Re:A Strawman for the Symptom by dudpixel · · Score: 1, Insightful

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

      The GNU/Free Software people most certainly care about copyright law, because without it their pet license is unenforcable.

      Without copyright law, there is no need to enforce the GPL, because everyone has the rights it grants to the end user.

      Not true.
      Without copyright law - anyone can make changes to source code and release a binary-only version including those changes. Sure anyone else can then copy that binary but this is very different to the GPL - where whoever is given a copy of the binary also has a right to the source code (incl said changes).

      GPL != public domain.

      --
      This seemed like a reasonable sig at the time.
    252. Re:A Strawman for the Symptom by kocsonya · · Score: 1

      "Theaters, cheaper theaters, PPV, DVD, NetFlix, Redbox, cable, bargin bins, broadcast television (with ads). All are efforts to "find a happy medium" and a price point people are willing to pay."

      And now there's a new one: $30/month for broadband and all the movies/music you want. So it seems that it all goes according to plan. What's the fuss?

    253. Re:A Strawman for the Symptom by Cimexus · · Score: 1

      Yeah honestly, movie ticket prices in Australia are now ridiculous. I used to go to the movies a lot. Maybe 15-20 times a year. This was only 5 years ago or so when an adult ticket was $10 AUD and student tickets were only $8 or so.

      In the space of just a few years, they've almost doubled in price. Hoyts charges $17 for an adult now. That's wayyy more than normal price increases related to inflation. Not to mention the food and drinks are still just as hideously overpriced as they always were. So they've almost completely lost me as a customer. I think I went to the movies only twice last year and only once so far this year.

      The statement 'Bittorrent isn't an option' is wrong though.

      Firstly, Australia actually has the highest per-capita usage of Bittorrent in the world.* This is mostly because we don't get all the decent US/UK shows until a year or more later, and Hulu etc. doesn't allow non-US IPs to connect.

      Secondly, yes our internet is metered as you say, but your figures are massively exaggerated. 15 GB for 90 bucks? Only Bigpond would charge such ridiculous rates and noone with half a brain uses them. There are plenty of plans out there offering 100-200 GB for less than AUD ~70 per month. Which really, is heaps of data (considering a TV show compressed using Xvid or H.264 is like 200-300 MB for SD or 600-700 MB for HD, you could download half a dozen TV shows every day of the month). For instance, check out: http://www.tpg.com.au/products_services/adsl2plus_pricing.php

      So yeah - Bittorrent is definitely an option in Aus, and EVERYONE uses it.

      * Source: http://torrentfreak.com/bittorrent-most-popular-in-australia/

    254. Re:A Strawman for the Symptom by mcrbids · · Score: 1

      Because the marginal cost of making another car is non-zero. Therefore the scarcity is real. The marginal cost of making another MP3 is zero. Therefore any scarcity is artificial. Did you have trouble in economics?

      I had no trouble in economics. In fact, in economics class I learned the difference between production costs and reproduction costs. The difference between the two is what you are confusing, and the difference between the two is greater for digital media than the cars, thanks to the Intarwebz. But the point remains the same.

      Read up - you might find it enlightening!

      If you can't grasp the concept of scarcity, you're going to be incoherent when discussing economics.

      I think we can agree on this point. There are two links above where your road to discovery begins!

      Scribes found other ways to make a living. Music publishers will too. The digital-copying genie is out of the bottle, the business model is fundamentally broken. The only question is how much time, effort, resources, and lives we will waste trying to go backwards.

      Another concept you may want to consider reading on is the fallacy of argument by scenario. The legitimacy of copy rights have nothing to do with scribes. You might also look up "non sequitur" on the same page...

      But, in any event, I guess that you are asserting that anybody who produces copyrighted material should just give up now and hurry along, right? Programmers, have no rights to their works anymore, right? On a side note: this would make the GNU GPL worthless, since it's based on copyrights...

      So programmers have no rights to their works, anymore. Neither do authors, music writers, photographers, font creators, video-game writers, technical manual writers, database designers, website coordinators, architects, lawyers, hardware engineers, chipset designers, and advertising agents, right?

      Hell, the majority of our modern economy needs to get with the program, give up their day jobs - they need to adapt, like scribes, Roman foot soldiers, and town cryers, right?

      Methinks you are confusing your front side with your back side when you talk about going backwards...

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    255. Re:A Strawman for the Symptom by Hal_Porter · · Score: 1

      Bzzt. Wrong.

      If there is no copyright law I can steal GPL code and make a closed source application - I don't need to worry about the GPL telling me to keep the code open because it is a copyright license.

      If you knew anything at all about the history of copyright and patents, you'd know that the original reason for them was to allow people to publish things whilst still retatining some rights to them.

      If there was no copyright then the only protection people have is to not publish things, i.e. keep the source code closed.

      --
      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;
    256. Re:A Strawman for the Symptom by Hal_Porter · · Score: 1

      It's also worth pointing out that if there was no copyright, the RIAA would just sell records with the artist's songs on them like now, but not bother to pay the artists.

      It's copyright law that allows the artists to perform a song whilst still retaining property rights to it. Saying that you pirate to force a reform in copyright law which will be better for the artists in the long run is nonsense.

      --
      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;
    257. Re:A Strawman for the Symptom by Hal_Porter · · Score: 1

      Whatever happened to the days when musicians made money by PERFORMING LIVE.

      Well, the venues were bought out by huge corporations so things like the food and drinks costs went higher (and lets face it, they weren't exactly reasonable to begin with) and the tickets for those venues are all sold by a monopolistic ticket sales company with plenty of service charges, convenience charges, and whatever else they sneak in there now.

      Musicians most likely get a cut of the ticket sales and not the $40 worth of extra charges that get tacked on.

      Oh noes! The corporations are doing corporationing things. On the upside that makes it perfectly fine for the rest of us to steal shit from the artists.

      --
      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;
    258. Re:A Strawman for the Symptom by spun · · Score: 1

      I am not depriving someone of their property by copying it. If you argue that I am depriving them of potential income, then you need to differentiate that lost income from other, similar situations. For instance, instead of downloading an illicit copy of a CD, say I purchase a different CD. Or perhaps I spend my money on a movie. Am I not depriving them of potential income? What if I have a perfect memory of their songs, and can essentially listen to them any time I like in my own head. Or perhaps I'm a musician myself, and can make my own music. Again, how are those different cases of denying them income from copying their music?

      It is a gross simplification of things to conflate copyright infringement with theft. It ignores the real issues and attempts to stifle honest dialogue. The 'copyright infringement is theft' argument is what is known as a thought terminating cliche. Like 'because I said so,' 'freedom isn't free,' or 'that's just a thought terminating cliche.' But in this case, it's true.

      The thing is, I haven't broken any copyright laws in decades, except for a few times friends have given me illicit copies of CDs they thought I would like. I haven't downloaded music since the mid nineties. I'm comfortable now and can afford to support artists I enjoy, so I do. I think that's true of most people. But I don't think copyrights and patents are property, and I don't think that 'duplication not sanctioned by a government' is the same thing as theft.

      Without a government willing to enforce its laws through violence, you have absolutely no right to put something out into the world we all share and tell people that only you can profit from the concept of it. How would that even work, would you go around beating people up for copying your stuff?

      You need to understand that there is a contract at work here. I agree to give up some of my natural rights in order to gain certain benefits. Those benefits include both a benefit to all of society through the encouragement of the arts and sciences, and a personal benefit that only accrues to me if I, in fact, create something. That is an important point, because contracts must provide benefit to both parties in order to be valid, and this contract applies to both creators and non-creators. Without the whole 'benefit to society' part, the contract can't be applied to non-creators.

      So what is the harm in exercising my natural rights to sense and represent my world, in regards to something someone else put out there? It isn't that I've denied them potential income, it's that I've broken a contract. I have received the benefits of the contract, in the form of the 'promote the Progress of Science and useful Arts,' clause in the Constitution. The US has a flourishing artistic community and is a technical leader. Having received the benefit, not complying with my part of the bargain at this point would be wrong. As the benefit I received was not tangible property, it is not remotely correct to call breaking the contract theft. But it is still wrong.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    259. Re:A Strawman for the Symptom by kocsonya · · Score: 1

      "there is a loss of potential income."

      The key word is "potential".

      Using the classic example, the horse buggy makers could not sue the automotive industry for loss of potential income. Indeed, chances are that if the automobil had not been invented, they would have had more income. Unfortunately (for them), the automobile was indeed invented. Tough.

      Please do not forget that you have a right to create a business venture but there is no inherent right to make a profit. If you can sell your wares to the people at a price they are willing to pay and you can still make a profit, good on you. If you can't, well, bad luck. You can't really go around with a machine gun shooting everyone who's not willing to buy your stuff for the price you set.

      When you buy a lottery ticket, there's a huge potential income. Have you tried to sue your state lottery agency for their wrong choice of numbers causing you not to realise your $57 million jackpot potential income?

    260. Re:A Strawman for the Symptom by sma11s101 · · Score: 0

      "if it has no value to you, you won't mind not having it."

      It is not necessarily true that just because you wouldn't pay the asking price that it has no value to you. You could value a movie at $1 but your only way of obtaining it is to pay $10. So it is then in your own interest to download the movie for free, but buying it would not be.

      This is demand side of what many companies do when they charge people more in accordance with their ability to pay. In this way they are able to decrease consumer surplus while maximizing their producer surplus. A reasonable alternative would be to allow customers to pay what they want to pay BELOW the standard price, thus paying more to the producers yet allowing customers to have what they otherwise would not have bought.

    261. Re:A Strawman for the Symptom by Hal_Porter · · Score: 1

      The Pirate Bay is about theft, plain and simple. [...] but the propaganda is propaganda on both sides.

      It would appear that one side's propaganda is working. There is no theft in piracy. Unauthorized copying, yes, but no theft. This has been explained countless times here. I find it saddening that even here on slashdot, we hear people who bought the "theft" propagands from the *IAAs.

      I dunno, I like tossing around the word theft in these discussions because it's funny to see people like you who know nothing about law try to explain how downloading shitty Hollywood movies from TPB rather than paying to buy or rent them is some sort of Ghandian passive resistance against The Man whereas taking stuff from GPL projects and using it in a closed source application is OMG THEFT!!1

      --
      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;
    262. Re:A Strawman for the Symptom by dcollins · · Score: 1

      ...illicit sharing...

      The day that this phrase could be seriously discussed is one of the sadder days in my life. Strange times.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    263. Re:A Strawman for the Symptom by kocsonya · · Score: 1

      No. Economy is not artificial scarcity. I pay you to polish my shoes. Where's the scarcity? Nowhere. Whether a resource is scarce or not (among other factors) determines the price people are willing to pay for it. Here's where copyright law comes into the picture.

      If you want to sell me a bicycle for $10,000, chances are I'm not going to buy it. However, if you manage to pay the politicians so that they ban cars, aeroplanes and the back of domesticated animals as means of transportation, then you form a cartel with the other bicycle manufacturers and decide that a bycicle will cost at least $10,000 *and* that anybody who attempts to make a copy of your bycicle will be burned alive in the next festive autodafe, then you managed to put yourself into the shoes of the copyright industry.

      Copyright is nothing more than a limited term artificial monopoly to distort the market to the benefit of the creator in the hope that that would be an incentive for the creator to create more, for the (and here's the important part, listen very carefully!) benefit of *society*. Today copyright is pretty much unlimited, thus has nothing to do with the creator (when someone is dead for almost a century, it's hardly reasonable to expect them to come up with their Magnum Opus). Furthermore, it is very questionable whether the RIAA/MPAA controlling the music and film industry is actually beneficial to society. Most Hollywood films are definiteley mentally damaging to society, IMHO.

      Nevertheless, the important points are that 1) Copyright is for the benefit of the people and not for the creator or the middleman and 2) Copyright is not a law of nature but a law of men, that we, the people, created because we felt that at the time it was in our benefit. When we feel that it does not serve our collective purpose any more, we can repeal it. That's the theory, anyway...

    264. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I think it should cost about 10% more than it really costs, which I suspect that that is a lot less than $1 per song. Ultimately, I believe this would help level the "a few get mega rich while everyone else starves" music field because then the typical Joe could aford to aquire a lot more music than just the hits.

    265. Re:A Strawman for the Symptom by Galactic+Dominator · · Score: 1

      Someone can distribute copyrighted work without a right to do so. That's called copyright infringement, not theft. There is a tremendous difference between infringement and theft so it's important to call it by it's correct terminology.

      A "right" is a creation of humans and we agree(or are forced to) to abide by the rights granted to others by whatever entity we chose to recognize. I don't know if your from the US, but here we have different laws regarding intellectual rights. It is an ongoing struggle to reach that definition as intellectual property is about ideas, not physical goods. This quote from Thomas Jefferson sums it up:

      If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.

      Laws are different regarding intellectual property due to philosophy along the lines of that quote. I hope you can see how important that is. I'm not advocating an absence of copyright or IP protections. That would be silly for me because that's a big chunk of my income. I oppose current copyright reforms by groups like RIAA not because I don't care about an authors right to profit. In fact it is just the opposite because if RIAA got their proposed reforms passed, it would simply be a benefit to corporate entities. They could process legal cases in much greater volume and a higher success rate. This will lead to more power in the hands of the business elite who IMO don't need any more. That's the reason sites like this exist:

      http://www.savenetradio.org/

      If you want to help the author buy their works, don't contribute to a system designed make the suits more money. The current system already provides recourse for violations and it's more than adequate if used properly.

      Another angle is the gross over-valuing of of IP (even if something is way over-valued that doesn't make infringement okay). For example, if you take the price of distributing movies today versus 30 years ago, modern distribution channels are far more efficient. It costs just a fraction of what it did in the past to get the goods to the consumer, yet if a person from the current generation wants to get the same amount of content as the previous they would need to spend a larger percentage of their income to maintain the level. This is because of the parasitical suits who need to get their cut of every transaction. Its sort of like how an HMO works, doctors get screwed in pay http://www.nytimes.com/2006/06/22/business/22doctors.html?_r=1 and patients get poor service and nasty surprises like "You're not covered for that".

      Is a new blueray seriously worth $30-40? How many of these infringers would pay $10 if they could download it immediately? The business model is flawed, and they want this legislation so they can force the old ways on the consumer instead of adapting to where the market is today. The price is artificially high to support the lawyers and other types who add no value to the product. Don't make them happy by calling it theft.

      --
      brandelf -t FreeBSD /brain
    266. Re:A Strawman for the Symptom by Malc · · Score: 1

      I guess when I looked, the upstream rates were ridiculously low. I got the fastest (8Mbs/384Kbs), and have been waiting for over a month for the line to be upgraded to ADSL2+. I work from home, and even this upstream rate is too low. Yes, I could have more quota for the download for fewer dollars, but I'd have to give up some of that upstream throughput. It's not an option. I haven't had upstream so low for ten years, and that was when Bell Canada was still on it's original Nortel platform and not G.DMT - as soon as they pulled the linecard and installed a DSLAM on my phone line, I had 800Kbs from then on. One of our contractors is also here in Australia, with cable, so he gets 18Mbs downstream, but to have sufficient upstream (I guess), he pays through the roof, and still seems to frequently end up being shaped. Maybe I made a poor choice as I wasn't so familiar with the ISP landscape, but now I'm locked in to a six month contract (another irritating concept we don't have in Canada, although I've seen in the UK, which helps lock people in and keep prices up). The line originally had dirt-cheap TPG, but their latency was all over the place, which is a killer for me RDPing in to computers in California and China, and their prices for what I needed weren't really that much less.

    267. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      Except if it is Digg stylesheets or other bits geeks care about, like GPL violation (the whole notion of GPL rests on copyright law btw.)

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

      Who the Hell modded this insightful? The free software people care very much about copyright. They just don't care about money, and I suspect that's what really bothers you. The GPL is also not the only open source / free software license out there, by the way, so your comment exhibits an easily-rectifiable degree of ignorance on the subject.

      Stallman-style free software proponents do care about control, however ... as the GP pointed out, the GPL is only viable in countries which support compatible copyright laws. The difference is that there's no interest in using that law to direct money in their direction. They only wish to encourage a certain type of development community to flourish. On the other hand, other licenses are far less restrictive, and of course, there's the ever-popular public domain.

      What you're attempting to do is tar thousands of open source developers and users with the "pirate" brush. That's unfortunate, and won't buy you a lot of respect around here.

      --
      The higher the technology, the sharper that two-edged sword.
    268. Re:A Strawman for the Symptom by mcrbids · · Score: 1

      Hold on a second. Are you really arguing that if my actions cause the value of your property to decrease, that is equivalent to theft?

      Yes, in cases where your actions run afoul of either legal or contractual obligations. I guess you missed the fact that all of my examples were illegitimate, either for legal reasons, or contractual obligation?

      If you control the world's only known naturally occurring source of unobtanium, and I invent a process that produces artificial unobtanium your property has been devalued.

      There's no law against producing unobtanium, unless it closely resembles certain nuclear-fissionable materials. Unless, of course, you have a legal contract with me involving "insider knowledge" or "non-competition". Otherwise, have at it!

      If you buy a meal, and I'm sitting next to you with noisy and annoying friends, your purchase has been devalued.

      Depending on the situation, you may be running afoul of local harassment, tresspassing, and/or noise ordinances. For example, if I'm trying to eat my meal in my living room, and I don't want you there? Otherwise, chatter away!

      If you buy a HumVee and I write a book about how awful HumVees are, you might find it harder to sell your SUV.

      It's usually not against the law to write a book about anything. There are laws about defamation, libel, and slander that you might want to consider.

      As a consumer, I will decide what is in my best interest Thank You Very Much.

      All the way to jail, if you are on a car lot with lots of shiny, new cars, and you decide that, while you don't want to pay for a HumVee, you are going to get one, anyway.

      If my unwillingness to purchase certain media leads to the failure of that market, I'm quite ok with that.

      Nobody's arguing with your right to not buy something. What's being argued is your right to have the thing you decided not to buy, anyway.

      Of course, if you need hired thugs to convince people to buy your product, "market" doesn't really apply. "Racket" is the word you're looking for.

      What about when those "hired thugs" are called "police" and they are inquiring about that shiny red HumVee in your front driveway that was recently found missing at the local car lot? Are you saying the civilization is a "racket"?

      There are laws on copyrights that exist to grant rights to content creators. If you create content, you are free to waive those rights, and distribute your content free of charge. (As I am doing now, with this post) But if I don't want to allow free distribution of my created works, I can do so, and there are laws in place for this to happen.

      As a programmer myself, I'm free to choose the GNU GPL license to distribute my works. (And I often do) Notice that it's a license: permission to do or not to do something. When I release something under the GPL, I'm limiting your right to use my works to those terms specified in the Gnu Public License, terms that are widely accepted in this particular corner of the Internet. But it's copyright law that gives me the right to limit distribution in this manner, and I bristle at the idea that you feel that these rights should be taken from me.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    269. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      What's "stolen" is B's sole right to produce copies.

      Even it that were true, that's different than saying the copies themselves were stolen.

      --
      The higher the technology, the sharper that two-edged sword.
    270. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      If only we could. DRM makes damn certain that if the computer dies the song goes with it. Waste of a good dollar.

    271. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      That's how "theft" is different. It's a concept which makes sense in the context of having your ability to profit off of your works taken away from you by someone else.

      Nope. Stop trying to play IP lawyer. The reality is this: what you (or I, or anyone else) thinks is a "reasonable" definition of theft is utterly irrelevant. What does matter is what the law as written says. And in the United States at least, it bears no relationship whatsoever to your definition, I'm afraid.

      --
      The higher the technology, the sharper that two-edged sword.
    272. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      The GP is trying to do what the RIAA/MPAA have been attempting for decades, that is, redefine our lexicon. Until they succeed in rewriting those definitions into our legal system, he's simply wrong. Doesn't mean he'll admit it though.

      --
      The higher the technology, the sharper that two-edged sword.
    273. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      How much an artists makes is complex (contracts can routinely be as long as 40 pages).

      A not too bad summary is that, unless you are selling 200,000+ (a mid-level artist), you won't be making anything. The artist royalty of about $1+ per CD is all sucked up by "recoupment" fees until this point.

      http://www.rapcoalition.org/label_exec_$$_breakdown.htm

    274. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      Musicians perform live? Heh...most of them just lip sync. Without a studio they couldn't reproduce their own "voice."

      Actually, you mean "without a personal computer." For many musicians, a high-end studio is no longer the necessity that it once was. Yes, it does take training to do a proper mixdown ... but that's available. And it can certainly be learned, if you're motivated enough. And given the size of the market and the distribution opportunities afforded by the Internet, I'd say that motivation will not be in short supply.

      In any event, what you're saying is only true in the context of the big record labels. Their criteria for promoting a specific artist or group has little to do with talent or skill, I agree. However, that's because they choose their artists for the greatest marketing appeal, and in that area musical ability is often less important than whether they look good on camera.

      There's plenty of real talent out there, believe me, people that can actually sing on-key and don't need pitch correction. That's one reason for getting rid of the RIAA and its member companies right there. They suppress the best, and give us the ones that are the most photogenic. To Hell with that ... I want good music.

      --
      The higher the technology, the sharper that two-edged sword.
    275. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      Whatever happened to the days when musicians made money by PERFORMING LIVE.

      Well, the venues were bought out by huge corporations so things like the food and drinks costs went higher (and lets face it, they weren't exactly reasonable to begin with) and the tickets for those venues are all sold by a monopolistic ticket sales company with plenty of service charges, convenience charges, and whatever else they sneak in there now.

      Musicians most likely get a cut of the ticket sales and not the $40 worth of extra charges that get tacked on.

      Oh noes! The corporations are doing corporationing things. On the upside that makes it perfectly fine for the rest of us to steal shit from the artists.

      Before you make such flip remarks, you should investigate a corporation known as Clear Channel. Clear Channel exerts tremendous control over the venues available to independent musicians: if an artist is not RIAA-aligned odds he'll find some roadblocks put up between him and his fans.

      --
      The higher the technology, the sharper that two-edged sword.
    276. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      And for the record, I have no musical talent what so ever and never once pretended I did. I'd probably make it big.

      Yes, you probably would, but you'd have to sign on with the likes of Sony or BMG. How much is your soul worth to you?

      --
      The higher the technology, the sharper that two-edged sword.
    277. Re:A Strawman for the Symptom by neokushan · · Score: 1

      It can be yours for £1,000,000. Tax free, of course.

      --
      +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    278. Re:A Strawman for the Symptom by nicodoggie · · Score: 1

      That's because nowadays, the only incentive is money. It's sad, really, to think that it's no longer just about expressing yourself to a wider audience anymore.

      Well, most of the "artists" who do stuff for money would usually come up with crap content anyway, so I guess piracy would be a nice way to get rid of some of the morons like Soulja Boi from the airwaves.

    279. Re:A Strawman for the Symptom by kocsonya · · Score: 1

      Um, he was talking about "marginal cost". Look it up. It contains both the production cost and the reproduction cost.

    280. Re:A Strawman for the Symptom by anagama · · Score: 1

      Tortious interference with a business interest? Is that not a suit in which damages can include lost income? Liquidated damages provisions in construction contracts, i.e., build my store on time or pay $X to compensate me for the (hard to calculate) lost income. Or nuisance suits where the nuisance interferes with a business. There are probably a thousand ways in which potential lost income can be estimated and awarded.

      --
      What changed under Obama? Nothing Good
    281. Re:A Strawman for the Symptom by ScrewMaster · · Score: 1

      It can be yours for £1,000,000. Tax free, of course.

      I'll send you a cheque.

      --
      The higher the technology, the sharper that two-edged sword.
    282. Re:A Strawman for the Symptom by gordguide · · Score: 1

      " ... That leaves 70% for the artist and the label (if appropriate) to deal with (and you can really do without the latter in many cases). ..."

      Umm, that should be " ... leaves 70% for the label ..." The artist had to sign over all copyrights as a condition of signing with the label. The artist gets nothing beyond a royalty in return for giving up all his/her/their copyrights.

      " ... Also, I don't think that most artists could live off of 10 cents a song for downloads (or the $1-1.5 an album) ..."

      Well, don't let your babies grow up to be guitar pickers, then. No artist on earth gets a royalty from an RIAA member label as high as 10 cents, and no artist in history ever did. The "Statutory rate" is 7 cents per song. All contracts pay less than 7 cents, and whatever number they do get under the contract (around 5 is typical, according to industry lawyers) that amount is gross ... there are deductions for promotion (10% of any royalty due, typically) and all royalties are only paid on full retail sales. All discounted CDs, Cassettes, LPs, etc result in a royalty of zero for artists, according to the standard contract, as does any music sold via record clubs, etc.

      Were that not enough, the labels originally paid zero on all digital downloads, until they were sued. They finally agreed to pay a rate that is roughly 60% of the regular rate paid for CDs, etc. for digital files.

      So, Apple, who gets to administer, promote, and pay for servers, gets 29 cents, the labels get 70 cents and have to put out zero in manufacturing costs, and the artists get, on average, about 3.5 cents per digital download and around 5 cents per full retail price CD (where "full retail price" means it was sold to the retailer at full wholesale price, regardless of the actual retail sales price).

      Just thought you would like to know.

    283. Re:A Strawman for the Symptom by qzulla · · Score: 1
      Go here http://www.hulu.com/outer-limits for the new Outer Limits episodes. Granted it is not DVD quality but they are there.

      qz

    284. Re:A Strawman for the Symptom by dupeisdead · · Score: 1

      oops cancelling bad mod DOH.
      Who's dumb idea was it to give me modding privs? :|

      --
      move along, nothing to see here.
    285. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Many of us do that. We go to concerts where artists make most of their money.

      Between spending $20 on an album and $50 on a concert, I'd rather download the album and pay the $50 for the concert simply because I know the artist gets a bigger share of the concert money.

    286. Re:A Strawman for the Symptom by aliquis · · Score: 1

      Innocent and innocent, do they help people copy things? Yes.
      Should that really be a crime? I don't know.
      Do they earn money from that system? No.
      Was the purpose to earn money? No.
      Did they figure out ads would help? Yes.
      Does it matter that they earned some money from ads? No.

      Imho people do their own decisions, sure they provide the tools, but it's not like it's hard to copy things anyway. People will copy just as much even if TPB would be gone.

      Call me when they sue the restaurant serving the alcohol when someone gets assaulted on a saturday night ...

    287. Re:A Strawman for the Symptom by Splintax · · Score: 1

      You can't steal rights, or ideas. You can only steal physical property. Your definition of 'theft' is also unreasonable.

    288. Re:A Strawman for the Symptom by AceofSpades19 · · Score: 1

      Your analogy fails. What if you had invested a huge amount of money and time hiring people to program and build the machine? The standard line about "sharing/theft" from the p2p crowd fails to consider that the person doing the sharing is not the creator, merely a user. For a user, there is no loss with a digital copy. For a creator, who depends on the creation for income, there is a loss of potential income. At which point we get to the "I would never have paid for that junk anyway" argument, to which the obvious response is "if it has no value to you, you won't mind not having it."

      I know people that just download stuff from the pirate bay just because they can. Also, there are some people who don't think program_x is worth as much as they would have to pay for it, so they pirate it.

    289. Re:A Strawman for the Symptom by aliquis · · Score: 1

      It may be true that the monetary losses are not nearly what the record companies claim

      Well, the IFPI ask for 15.4 million dollars in damage, which is probably based on some small amount of pirated content, but anyway, I would actually believe it has made a loss of an amount in that range +/- couple of hundreds percent. It's not an unreasonable economical loss of years of piracy I'd assume.

      But they ask for it from the wrong people, if anything they should sue each and every person who copies things but then they find that too hard ..

    290. Re:A Strawman for the Symptom by anagama · · Score: 1

      Oh -- you plowed into my car, I can't work for the next 6 months -- I get to sue you for my lost potential income.

      --
      What changed under Obama? Nothing Good
    291. Re:A Strawman for the Symptom by Splintax · · Score: 1

      Theft is unlawfully depriving someone of something that they own.

      Theft is unlawfully depriving somebody of their physical property.

    292. Re:A Strawman for the Symptom by Splintax · · Score: 2, Insightful

      It sounds like you don't really understand the law very well. Generally, breach of contract is not a crime. The state is not going to prosecute you for breaching a contract - the aggrieved party could sue you though. "Nuisance" also has a specific legal meaning, and it's a tort, not a crime. Also, generally murder, rape and other crimes like that are considered crimes against the person, not crimes against property.

    293. Re:A Strawman for the Symptom by aliquis · · Score: 1

      Well, for the actual right to copy things the GPL gets leverage for pushing its other points by giving people more rights than the copyright law would give them.

      But then it also try to dictate how the code shall be modified and distributed which would indeed be more limiting without any copyright laws. It don't give away all rights as public domain do.

    294. Re:A Strawman for the Symptom by aliquis · · Score: 1

      ... but not the responsibilities which was his point.

    295. Re:A Strawman for the Symptom by aliquis · · Score: 1

      Sun, Redhat, IBM, Novell, ... don't care about money? ;D

      But yes, fame, appreciation and getting some sort of respect for your work seem to be enough for most people.

    296. Re:A Strawman for the Symptom by Splintax · · Score: 1

      In the United States, it's unconstitutional to pass an "ex post-facto" law - how is it that the terms of copyright are being retroactively renegotiated?

      According to Wikipedia:

      An ex post facto law (from the Latin for "after the fact") or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law.

      I don't think the copyright extensions constitute 'ex post facto' laws, because they don't change the legal consequences of acts committed before the laws were enacted. As I understand it, if the original copyright term was 50 years, the extensions were passed before those 50 years were up.

      If copyrighted material had time to enter the public domain before the laws were enacted, then the laws would have turned distribution of the public domain material into copyright infringement again. Seems like this would make it 'ex post facto', but I don't think this is the case.

    297. Re:A Strawman for the Symptom by mapinguari · · Score: 1

      $.10 per song? Boy do you have the wrong distribution company. With cdbaby, an artist gets $.60 per song, $6.50 per album.
      http://cdbaby.net/dd-faq2

    298. Re:A Strawman for the Symptom by adminstring · · Score: 1

      To assert that it did would not be write!

      --
      My truck is like a series of tubes.
    299. Re:A Strawman for the Symptom by syousef · · Score: 1

      I had a calculator once. It was a nice little Sharp model....if instead, someone had looked at my calculator, taken out a 3D tricorder-mapper-duplicator-thingamabob and had made an exact copy of my calculator, complete with all functionality, and left me with mine, I don't think I would have been quite as upset. In fact, I think you will agree that if I ran around waving my calculator in the air claiming that it had been robbed from me and that I was a victim of "theft", I would not get a lot of sympathy.

      Sharp on the other hand might have an issue with it, since they'd no longer have a market for their calculators.

      You're confusing the owner with the manufacturer. I'm sure in a lot of cases the users that give pirates a copy to crack don't care what's done with it either, since they still have their legitimate copy. They might have a problem with their CD keys being handed out though.

      --
      These posts express my own personal views, not those of my employer
    300. Re:A Strawman for the Symptom by plonk420 · · Score: 1

      it's not that it's "music collected that people couldn't have bought all in the first place," it's that the fucked up RIAA and its fucked up control of 95% of airwaves. small, unknown, or international bands are not going to get played on the radio. people looking for music that's not meant for strictly radio play can only find it by doing a "rip, burn, share" or whatever the term is. i've bought almost all of what i've repeatedly listened to this year and recent years (but never would have heard on the radio). that which i haven't, isn't exactly something i pop down to a store (or even Amazon) and buy a lossless/physical copy ...

      and i've gone to pretty good lengths to buy my music... (i live in .us) whitelabel vinyl from .uk, promo dj CDRs from .nl, a cd(r) (with FLAC download to tide me over til it arrives) from magnatune, vinyl from .dk (because no CDS i can find exists, other than the source of my MP3), bootleg remix on CD from russia, ambient from a psytrance store in .il, lossless WAVs from a Torontonian DJ, artist...

    301. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Most of the new CD's I've bought over the last couple of years have been between $10-$12 (and way less when I track things down on eBay instead of buying it new). This is pretty close to the $1 price tag for an online song download. Plus CD's have the added benefit of acting as a backup if my hard drive dies and not having DRM thus allowing me to easily re-rip them in different formats as necessary. So yes, I do thing $1 a song for an electronic download is a complete rip off, but then again, this is why I buy CDs instead.

    302. Re:A Strawman for the Symptom by Splintax · · Score: 1

      Also, I think you are wrong in your assumption of why people pirate movies, it's not because it's free, it's because it's convenient.

      Do you have any evidence to support this argument? Seems to me that people do it because it's both free and convenient. Considering how expensive movies and music are these days, I think the 'free' part is probably a larger motivator, but I can't be certain.

    303. Re:A Strawman for the Symptom by Griffyn · · Score: 1

      things of value to you were devalued by acts of others

      Nope - it only shows that you overvalued the item in the first place.

    304. Re:A Strawman for the Symptom by mcrbids · · Score: 1

      Yes, I know. And I was being nice. There are two definitions for 'marginal' - the economics definition as you stated, and the plain English definition which is approximately: 'minimal or insignificant'.

      Otherwise I could beat him over the head with the very real and surprisingly high cost of a professional musical production. Go to some small local bars (where they don't pay the musicians) to hear what I mean. There's a world of difference between the crap put by a typical (zero cost) garage band and a decent, professional production. Is he really trying to argue otherwise?

      How many hits should this poor guy take?

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    305. Re:A Strawman for the Symptom by Splintax · · Score: 1

      I had no problems using BitTorrent several years ago on a 512/128 connection - before ADSL2 was available at all. It was certainly a lot faster than the dialup connection I was using before that :-)

    306. Re:A Strawman for the Symptom by HybridJeff · · Score: 2, Informative

      Copyright infringement does not take away your sole right to produce copies of a work. It just violates that right. You're still the only one who has the legal right to copy your work. Its not like by downloading your music I suddenly become the person who is now legally allowed to copy and sell your work and you're suddenly breaking the law if you try to reproduce or sell it.

    307. Re:A Strawman for the Symptom by JNighthawk · · Score: 1

      Who the hell are you to say how someone can make a living? It's their music! If they choose not to perform live (Enya comes to mind), it's their damn decision. Don't try to justify.

      --
      Wheel in the sky keeps on turnin'.
    308. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      > For the manufacturer who sells originals, duplication reduces the potential market and increases the likelihood of financial failure.
      For intellectual property, there is no such thing as originals. Everything is a duplication. In fact it is a duplication with very minimal cost. The law of supply and demands doesn't work with intellectual property as they can create unlimitted supply.
      What you are trying to do in this situation, is desperately applying physical goods logic to intellectual goods. Until intellectual goods have sales tax, depreciation, warranty and transfer of ownership upon purchase, don't try to lump them together.

    309. Re:A Strawman for the Symptom by shmlco · · Score: 1

      Because, my fine feathered friend, none of the money spent on broadband goes to the creators of the music or movies or software you're downloading. That's the fuss. But we could, I suppose, set things up that way if that's what you wish.

      Only thing though... now your broadband bill is going to be $400 a month.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    310. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      For a creator, who depends on the creation for income, there is a loss of potential income.

      That potential income is inflated. The musician only creates the music. He should only get paid for the music he creates. The musician must promote his music so that people will listen to and buy it. The more he promotes it the more it will sell, but there is never any garuntee that the promotion will lead to profit. Recordings are only a form of promotion.

    311. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      and there's a difference between free speech, free "speech" ... I'd say copyright violation is more a contract violation sort of crime, as per current, than an explicate property crime, however we do seem to have this habit of referring to such things as intellectual property, which is sort of strange (well, alright, not so much if you consider intellect to be matters of thought, and thought to be a propagation of a combination of chemical and electrical "signals," and being that electricity is energy and energy is matter both of these things are physical, and as such IP really is physical in a sense... whatever)

      Who cares what you think it's worth, really, all that matters is that if you don't think the price of an item is the value of said item, then you should do with out the item. The model isn't flawed. Maybe the market craves more than the model offers. So what.
      It is not the responsibility (in the parental sense) of the content providers to provide the content in all possible ways for which there is demand.

    312. Re:A Strawman for the Symptom by ultranova · · Score: 1

      In all these cases, things of value to you were devalued by acts of others. In all these cases, you still hold the "thing" in question containing the value that was stolen from you. You still have the stock from the company, you still have the source code on your computer, and you still have a (worthless) car. And yet, you've still been robbed.

      So, if I start a competing company, and your company's stock falls due to me producing a better product cheaper, I've robbed you? And if I make a better program and your clients shift to it, am I a filthy thief for daring to devalue your source? Or does that only hold for some actions which cause devaluation but not others?

      I understand it sucks to make financial mistakes; but if you make your decisions with the expectation that an arbitrary state-granted monopoly pretty much nobody respects is going to hold, you only have yourself to blame when it goes south. You are no more "robbed" than an initiate to a pyramid scheme who fails to find new suckers initiate, and just as deserving of sympathy.

      --

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

    313. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      what happened to the days when people all farmed?

      I love to make music, I don't like being physically in front of lots of people. It makes me sick. I can't help it. I dread the day when the only way I can use my only talent is to force myself into a situation where I am horribly uncomfortable.

    314. Re:A Strawman for the Symptom by savuporo · · Score: 1

      You dont travel much, do you ? In some parts of the world, a dollar will feed a family for a few days.

      --
      http://validator.w3.org/check?uri=http%3A%2F%2Fwww.slashdot.org Errors found while checking this document as HTML5!
    315. Re:A Strawman for the Symptom by thebigbadme · · Score: 1

      tell you what, if you don't like the prices don't buy
      If you don't buy, don't partake
      fair is fair, you don't like the offered terms, you don't get to have your half of the arrangement either

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    316. Re:A Strawman for the Symptom by thebigbadme · · Score: 1

      supposed to my ass.

      I don't know what your skills are, and I'm not about to tell you how you're supposed to make money from them. You don't know why people do what they do, you know why you do what you do (maybe), don't suppose as to what any one else did, does, or should do.
      Maybe these artists need every penny to live the lives that they want. I hear coke is expensive.

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    317. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Please don't start trying to decide who or how many of anything are significant. Wouldn't it be great if every professional musician you know could do only what they love and make it by and by doing only that? The beauty is that they can try. Statistically they are more likely to fail. Society is self-structured so that only a rough number of people can do a certain range of jobs before the "market" becomes saturated with people doing said jobs. If you can't compete, find a new skill, if you can't find a new skill, get better at competing.

      You don't like it, don't use it. You like it, you pay for it. You like it but don't like the system? Too bad. Support people who do things you like using systems which you also like.
      You think U2 has too much money? Don't give them any more of yours. You still like their music? Now you're getting in the business of deciding who can do what and for how much.

    318. Re:A Strawman for the Symptom by thebigbadme · · Score: 1

      You are both wrong actually. It's not even about copyright infringement, it's about contributory infringement which in this case basically it means they are being accused of giving out the address of a location where copyright material may or may not be located.

      no offense dude, but I think the argument stopped being about the article a long time ago ;)

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    319. Re:A Strawman for the Symptom by thebigbadme · · Score: 1

      don't like the terms, don't partake in the content

      this is not an argument over something as much needed as food or water.

      granted I feel that my life has been saved by other people's music, but your argument seems to hinge on a claim that a market should provide for all the demands that are present (or at least in a reasonable way)

      Thankfully that is not the sort of society that I live in. I would hate to have to spend countless hours searching for the exact thing that I want every time I wanted something. I mean when I really get a hankering for something exotic I don't mind, but if I want steak and potatoes...

      then again, I do prefer exotic quite a bit... (my vision of exotic may not be what yours is)

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    320. Re:A Strawman for the Symptom by ikajaste · · Score: 1

      Making people lose potential profit still isn't theft. Key word is "potential", we don't really know how much profit is affected, and so on.

      Making people lose profit can be a bad thing, even crime in some cases, but it sure isn't theft. Look at it this way, If I establish a coffee house near your existing one, you lose potential profit. I think people would get a quite wrong idea if you them claimed I stole your money...

    321. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      How does his analogy fail? In the calculator case, he still didn't invent and build the damned calculator either. In both cases he was willing to "share" it if a copy was created rather than his own copy taken from him.

      The fact of the matter is that the damage done is COPYRIGHT INFRINGEMENT. It is NOT THE SAME AS THEFT.

    322. Re:A Strawman for the Symptom by ikajaste · · Score: 2, Interesting

      The semantic argument about "sharing/theft" that the P2P crowd gloms on, tells us nothing about whether it is right or wrong to take someone's work without their permission.

      True, but then again calling it "theft" tries to claim wether it's right or wrong, but on wrong grounds, since the two actions can't be equated. I'd rather see people talk about the issue itself, and it's really, really hard to do so when you have mixed metaphors about stealing stuff. That's why I hate this theft propaganda - it makes it impossible to actually discuss the issue. Which, of course, is what it's probably intended to do as well.

      The thing is, semantics do matter.

    323. Re:A Strawman for the Symptom by Bryan+Ischo · · Score: 1

      My point is simply that the concepts embodied in the word "theft" can reasonably be applied to copyright infringement, to the extent that most people use the terms "theft" and "infringement" when talking about copyright violations interchangably. And they don't do it because the RIAA/MPAA has somehow brainwashed them or forced them to. They do it because, as I pointed out, it's a reasonable use of the term "theft".

      People who try to pedantically argue that copyright infringement is not theft when the author of the copyrighted work loses revenue due to the copying, are just trying to play semantic games with words that are in common use in order to try to diminish the seriousness of the crime.

      I don't engage in copyright infringement. If I want something that is copyrighted, I pay for it. If I am unwilling to pay for it, I simply find an alternative that I am willing to pay for. I don't steal it. It's really not that hard to obey copyright law. You don't HAVE to watch every new movie that comes out, or play every new game. You can watch/play a few of them, and do something more useful with yourself the rest of the time.

    324. Re:A Strawman for the Symptom by Bryan+Ischo · · Score: 1

      So if someone said, "He stole my innocence", you would sit there and argue with them about the nature of the word 'theft' and how it doesn't actually apply in this situation because innocence is not a physical object you can take from someone.

      And when someone says, "She stole my idea!", you would also argue with them about how it's not really theft, rather than understanding the meaning of the words they are using.

      I think that's ridiculous. The word 'theft' has many shades of meaning and is used in many situations, all with a common thread: taking something away from them against their will. It doesn't have to be a physical object.

      Like it or not, 'theft' when used in conjunction with copyright infringement has valid meaning, and people use the term and are quite clear in their meaning, all the time. Trying to argue against the use of the word in this context is pointless.

    325. Re:A Strawman for the Symptom by Bryan+Ischo · · Score: 1

      I'm talking about standard common usage of the word, not legal definitions. I think that most laypeople when they discuss topics like this use common words with generally accepted meanings, and don't limit themselves to the highly specialized meanings of words as used in legal contexts.

      And in common parliance, it is perfecly reasonable to call copyright infringement 'theft'. If it weren't, you wouldn't know what people were talking about when they used that word in the context of copyright infringement.

      By the way, I certainly agree that 'copyright infringement' is a more precise phrase to use. But I don't see the problem in using the more informal 'theft' either. It is just as reasonable a use of the word as is saying 'You stole my heart'.

    326. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      At which point we get to the "I would never have paid for that junk anyway" argument, to which the obvious response is "if it has no value to you, you won't mind not having it."

      If the punishment for having "stolen" content was just not having it any more, you'd have a point. It's more like "if it has no value to you, here's a bill for $300,000"

    327. Re:A Strawman for the Symptom by BlueStrat · · Score: 1

      don't like the terms, don't partake in the content

      this is not an argument over something as much needed as food or water.

      granted I feel that my life has been saved by other people's music, but your argument seems to hinge on a claim that a market should provide for all the demands that are present (or at least in a reasonable way)

      Thankfully that is not the sort of society that I live in. I would hate to have to spend countless hours searching for the exact thing that I want every time I wanted something. I mean when I really get a hankering for something exotic I don't mind, but if I want steak and potatoes...

      then again, I do prefer exotic quite a bit... (my vision of exotic may not be what yours is)

      If you're fine with other people deciding what content you consume and when, and you're ok with people putting our culture behind a toll-booth, then I just don't know what anyone could say to you.

      I guess some people just aren't suited for freedom and are more comfortable with others making their decisions.

      If that's what *you* want, that's fine. Don't go making that decision for everyone though. One size does NOT fit all.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    328. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      You're an idiot. Please don't post here anymore.

      And you, sir, are a fucktard. Get the fuck out of here.

    329. Re:A Strawman for the Symptom by Mathinker · · Score: 3, Insightful

      > If you can't afford to pay $1 for a track, you're a poor, broke, worthless
      > sponge who sucks off of society

      And I should go off somewhere and die, right? Get a grip, man. The real worth of people is unconnected with the amount of money they have. Or do you think that winning a lottery somehow makes a person less "worthless"? Do you believe that murdering a poor person is somehow less heinous than murdering a multimillionaire? I pity you if you actually do believe that.

      Also, that dude could very well work 10x as hard as you, but live in China, for example. Or he might be a 10 year old child.

      You're also being silly if you don't understand that what you think is worth $1 is not necessarily worth even $0.01 to someone else. But I don't think this is the problem with your argument, actually. I have the distinct impression that you are certain that the other person, who didn't think that the song was worth $1, copied it for free, and this makes you angry. This is not necessarily the case. Personally, I just don't buy, and look for my entertainment elsewhere.

      > Go ahead and find a local band. .....

      If you're stupid enough to do all that work when you expect to sell exactly 1 song (which is what your silly strawman argument suggests: "and tell them to fight over $1"), you deserve what you get. You totally ignore the fact that people are going out and competing with the record labels. This process is just starting, so don't bother to tell me that the competition "doesn't cut it", yet. Look at Magnatunes, Jamendo. (Yes, they do not compete with the labels using the labels' broken business model, which is actually based on things you've totally forgotten in your example: advertising, promotion and their control of these.)

      > The argument that copyright law is messed up and that undeserving people are
      > making too much profit is a big, fat, load of fucking shit.

      You mix two different issues here. Copyright law is "messed up" if it is a net detriment to society, and this has very, very little to do with "undeserving people making too much profit".

      The "undeserving people" problem has more to do with the immense power that rich corporations have to control the media that Joe Sixpack is exposed to. In the case of the labels, this is about their practically absolute control of broadcast radio. I wouldn't be surprised if they also have bought (or otherwise negotiated) at least some control over the advertising on iTunes.

      The "copyright law is messed up" problem is much more complicated, because it involves things which are not quantifiable, like the worth of the public domain, the ramifications of having draconian penalties which can only be enforced for a very small number of violations, and a lot of other things. It's clear that a lot of what's wrong with copyright law isn't particularly connected with the profits of the labels, because lowering the term of copyright even to 30 years and lowering statutory damages wouldn't change the labels profits significantly.

    330. Re:A Strawman for the Symptom by jopsen · · Score: 1

      3: the music industry finally understood that part, though they increased the price of new tunes by 30 cents

      In your country maybe... Where I live, Apple sells some music drm-free, but I can't access their service form Linux... And other distributors are either not distributing Europe (e.g. Amazon) or DRM infected.

    331. Re:A Strawman for the Symptom by anagama · · Score: 1

      You said it: he still didn't invent and build the damned calculator either.

      There are three parties:
      1: original user
      2. copier
      3: manufacturer

      It is the manufacturer who loses, not 1 or 2. You are completely ignoring that.

      As for "theft" -- we're talking here, not writing a legal brief. Theft has lots of meanings in various contexts. It's perfectly OK to use the phrase colloquially.

      --
      What changed under Obama? Nothing Good
    332. Re:A Strawman for the Symptom by DrSkwid · · Score: 1

      It's not that the only incentive is money, it's that stuff costs money to make. It's not like programming where you just need a $150 terminal and plenty of hours.

      Even something as simple as tapes is going to set you back $50 a day.

      How many DVDs are going to get duplicated for free?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    333. Re:A Strawman for the Symptom by Splintax · · Score: 2, Insightful

      I didn't mean to suggest that it was wrong to say things like "he stole my innocence" or "she stole my idea". Generally, in those circumstances, the precise legal definition of the term is not intended.

      However, in the context of a legal discussion such as this one, it is not appropriate to use the word 'theft' to describe copyright infringement. In law, 'theft' has a specific meaning. It describes the crime of stealing someone's property, which is not analogous to copyright infringement, a civil wrong.

      Regardless of whether or not you believe copyright infringement should be illegal, it is not as bad as theft - nobody is deprived of any physical property. Associations like the IFPI and RIAA use the term 'theft' to make copyright infringement sound like a more serious wrong than it really is.

    334. Re:A Strawman for the Symptom by PDAllen · · Score: 1

      That is true, but the 'they are robbed of nothing' bit referring to whatever company is legally producing the good is not true.

      You may say you have no intention of buying a movie at $9 a viewing, but if that was $0.01 per viewing you probably would buy it - there will be some price point where you would buy legally rather than copy illegally.

      When it's possible to copy illegally, quite a lot of people near the margin (those who would spend $9 now if they had to but really don't want to, those who wouldn't pay now but would get the $1 screening in six months time) will get the illegal copy, and the company loses money.

      And again, we seem to have this attitude only to media content. No-one ever says 'the car was too expensive for me so it's fine that I stole it'. With just about everything else, the attitude is not 'oh it's too expensive so I will just get it illegally', it's 'well I have to either get more money or go without'.

    335. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      One dollar for the song is too much when we know how the priceing breaks down.

      One dollar to the artist is plenty fair as far as I'm concerned, in fact I'd even have bought most of the music I own at that price.

      But we all know that the artist is lucky if they see 10 cents from that one dollar sale.

      Using the itunes example apple keeps around 20c a sale, I don't hold that against them. It's there store, they have to make money, and they actually have a distribution cost, the bandwith, small as it may be.

      But when the label pockets around 2/3 of that 99c I start to have big problems. You have to remember to most of us paying isn't the stumbling block. Its who were paying that matters.

      I have no problems paying artists for their art, I have big problems paying the RIAA for something they basically contractually stole from the creator.

      Not only does the skewed pricing stick in my craw (It should be the artists pocketing the lions share of the money) its the fact that I know the labels are lieing scumbags. They do things like collect royalties from radio stations while telling artists that getting them radio time is them promoting their music and charging the artist for it. Where else do you get to charge someone for their work so you can sell it to somebody else?

      What ever I'm doing at the moment matters far less than that these assholes need to go, they are nothing more than a leech on the creative works of the last 100 years.

      You know what law I want to see? I want to see it made illegal for copyrights to be sold, they can only ever belong to the creator. I want to see it illegal for them to be contractually licensed for terms longer than five years at a time, Including wording covering bullshit like automatically renewing contracts. And finally to stop creative accounting that makes profits vanish into thin air so that royalty payments get stupidly small I want to see it made mandatory that royalty rates will always be a percentage of gross instead of profits.

      That will go along way to solving the problem, copyright will be at most life of creator +5 years (Assuming you died the day the contract was signed), and it will also stop the systematic exploitation of musical artists we've seen over the years

    336. Re:A Strawman for the Symptom by xenobyte · · Score: 1

      The Pirate Bay is about theft, plain and simple.

      You are wrong in so many ways...

      First of all: Copyright Infringement is not theft! - Never was, never will be.

      Second: You clearly don't know the history of the site. It was formed as a political statement by Piratbyran (the pirate agency) which also spawned Piratpartiet (the pirate party) in order to fight copyright and promote file sharing. There's a big difference between sharing popular music and films and sharing everything like The Pirate Bay does. It is actually a form of continuation on the old 'cyberpunk' credo "Information Wants To Be Free" where nothing is supposed to be non-sharable, and what is non-sharable must be shared through hacking and whatever else it takes.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    337. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      well good luck crossing the desert with a 40 gig
      ipod (and NO candybar).

      if every person on this planet would buy a "hit"
      song, one person (or a small group) would make
      6 billion dollars for a average 4 min long
      accoustic wave.

      how much does a policeman or fireman earn?

    338. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Nope still not theft, at best your looking at 'competition' (Hard to beat FREE bitch!) and at worst your looking at 'Lost sale'.

      Either way the salient point here is that nobody is legally entitled to profits. You have to earn them.

      Weather you fail to earn them because your product is shit (DRM), your business model is outdated (distribution in digital age), or people simply fucking hate your brand because of bad press (Lawsuits) you don't get to blame the people who are making you look like idiots. Your still the idiot and its still your fault its failing.

      Does this possibly spell the end for artists who want to sit on their asses collecting royalties for the music years after they've done actual work? Yep, oh well.

      They can still hold concerts, and concerts are fucking awesome, I don't care how bad ass your home theatre is going to a concert is still way cooler. And bands can make assloads on tour.

      The last time there was a concert in my city the nose bleed seats went for $180 a shot, thats second tier balcony, against the back wall. No you don't want to know what floor seats went for.

      My local venue is on the small side as far as that goes as well, only 19,000 seats. But even that sized seating still gives (Assuming the ticket prices didn't go way up for better seats, which of course they do) gives a band the ability to make a hair over 3.4 million dollars assuming they can fill the seats.

      Thats before their expenses of course but even if it was terrible (lets say they get to pocket 10 percent after the dust settles which I'm sure you'll agree is way low) thats still 340 grand for one nights work, even split 10 ways (lets assume its a huge band) thats still 34 grand each for ONE NIGHTS WORK) I make less than that a year right now.

      So even with digital music in the worst case scenario (from their perspective) as completely free and only a way to get more exposure, good artists can still make a living actually doing performances of their work.

      Surely you can't object to someone working for their money?

    339. Re:A Strawman for the Symptom by toiletbowl · · Score: 1

      +1 I wish I was moderator today.

    340. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Nope. Free software people don't give a rats ass about copyright law. The GPL is actually a hack to circumvent copyright law. Think about it.

      Umm no try again. An important part of the GPL is to force distributors of derivative works to release the source code under GPL.

      BSD succeeds better in emulating a copyrightless environment.

    341. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I know pirates. They don't do it only because it's convenient. For example, one network-tech I know bought an Xbox 360, and he modded it the moment he got it. He's making fat cash, yet he doesn't want to pay for a single fucking game.

      You ever stop to think why?

      First off, I own a few games systems, and I also got them all modded right away, you know why? I'll give you a hint, it involves the life span of unscratched disc's in the presence of children.

      BACKUP'S are your friend man.

      And aside from that, whats the last game you bought? Did you feel like you got your money's worth out of that highly priced peice of plastic?

      The last game I felt like I got my money's worth on was the Orange Box, and that was a while ago now. Previous to that one it was the orignal Guild Wars.

      Not exactly a stellar track record for the industry eh?

      I make decent money my self, but I've got better things to spend it on on over marketed crap. I firmly believe in voting with my wallet, I don't pay for crap, and i do pay for the good stuff.

      I've even bought games I have no intention of playing (And then given them as gifts, hey two birds) because I want to support a specific publisher.

      Sure theres always going to be people who fall into the 'hehehe free loot!' category but don't lump us all together.

    342. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      That's actually exactly what is happening now. For the individual artist the music scene has never been better.

      It's the big boys that are hurting. You can't make a hojillion bucks selling an over-hyped turd to teenagers anymore.

    343. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      As a user, you simply are not in the same shoes as the creator with respect to duplication. Look at it this way: duplication has no adverse effect on the user because the user still has the original. For the manufacturer who sells originals, duplication reduces the potential market and increases the likelihood of financial failure. Your original analogy fails because you put yourself in the position of a creator, when you are only a user. You and the creator have different interests in the creation.

      Your logic fails because it assumes the creator has a mystical reason to expect that his product must do well.

      Acer and Dell both make computers, when Acer makes a sale they reduce Dell's potential market and increase the likelihood of financial failure. Nobody would suggest Acer has done something wrong however.

      You are confusing the product with the medium. Record companies sell things like LP's and CD's as a way to get you the product, its distribution, thats why digital music is killing them. But what were after here is the MUSIC.

      If I make a copy of your digital recording, I have no deprived you of your music, demand for it will not change, and it won't limit your ability to preform your work.

      True I'm harming your ability to sell digital recordings, but what makes you think you get to sell them in the first place? Creating them is so trivial that you can hardly justify that your charging for that. (Note thats what the labels do, packaging, shipping, the physical presence (CD), printing. Its costs MONEY to make and ship a few million CD's around the country. But I can get 1 million digital recordings from here to timbuktu for next to nothing.)

      You are selling your art, not what your art comes in. You are the only one who sounds like you, you are the only one who preforms your music (Covers aside, and really most of those suck).

      Real life example, Phil Collins is fucking epic, and nobody else could come close. Others are epic in their own way, but only Phil Collins is Phil Collins epic.

      I cannot sell you used tissues, its a product with no monetary value (Well unless its BSB boogers then I Ebay it for thousands), you likewise are finding it difficult to sell digital music, only lobbyist bought laws make it even possible to try.

      The problem is the product your trying to push, nobody wants to pay for it. Your a musician, go back to selling music instead of digital files. Assuming your music is any good your should have no trouble selling tickets to a live performance.

    344. Re:A Strawman for the Symptom by Theoboley · · Score: 1

      Well I apologize. But there is always Rockband or Guitar hero World Tour if you want to relive your dreams of making it big. Virtually of course lol.

      --
      Stupidity only gets you so far, then you've gotta try
    345. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      if there's no copyright anyone can get your "closed source" duplicate it and reverse engineer it.

    346. Re:A Strawman for the Symptom by Zembar · · Score: 1

      And please stop raping the english language calling copyright infringement "theft".

      I agree that theft is the wrong term, but I couldn't resist pointing out the inconsistency in this statement.

    347. Re:A Strawman for the Symptom by ravenlock · · Score: 1

      Nice of you to bring this up -- almost anything intended to further some agenda, good or bad, fits the literal interpretation of "propaganda". Unfortunately, the word has a negative connotation which makes people think all propaganda is bad or based on falsehoods. It could quite possibly be correct to state that the MPAA tactic is manipulation bordering on indoctrination, and the counterattacks are mainly propaganda.

      The really important thing to note is that from propaganda to manipulation to indoctrination, the target is progressively less aware that someone is trying to influence them, and thus typically less able to think critically about the way they are being influenced. So propaganda is in fact the most transparent way to influence things, and thus also the least suspect. .-)

    348. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      If you invested your life savings as stock in a company, and the CEO did stupids that resulted in a rapid shrinkage of your life savings, you'd want to lynch him, wouldn't you?

      If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

      If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

      Copyright is a government granted right that already is taking my rights away. That's why people don't like it. If they pay for something, they are restricted in how they use it. In other words, both copyright laws and copyright infringement create losers.

      Either I'm forced to pay for something that could be free, or someone else has no legal protection in place for them to create.

      The reason that copyright is universally lambasted here is that the enforcement of the laws more closely match your lynching situations. Large corporations are using the government to insure that the loser is the individual.

      The best solution would be for businesses to develop a way to profit by using this free distribution. Then government intervention is unneeded and we only have winners.

      These businesses would provide people with a reason to pay, rather than forcing their customers to be losers. The best part is several musicians have figured out how to do this already. It's disappointing that the business institutions have not.

      PS: Many people at this site contribute to OSS. They give people their source code. There'd be less blood for that sin than you think.

    349. Re:A Strawman for the Symptom by morgan_greywolf · · Score: 1

      See this post before you go around spouting off and making yourself look stupid.

    350. Re:A Strawman for the Symptom by shark72 · · Score: 1

      "If 10 million songs are sold at 10 cents each, that's a profit margin of 95%, which only goes up if more copies are sold, which they will be."

      The math breaks down pretty quickly. Remember, the statutory minimum royalty for composers and lyricists is $0.08. If you've written both the songs and the notes you don't get to double-dip, so for many tracks it will be less, but in many cases, $0.16 are paid out in statutory royalties before the performer is even paid.

      Elasticity is very important to consider here. If, say, a track has an overhead of $0.40, then that's a total margin of $0.60 when sold at a buck, and $0.10 when sold at $0.50. This means that the track would need to sell 6X the volume at $0.50 than it would at $1.00 to make the same profit. I just don't see this happening -- I don't even see the music download market achieving unit elasticity, where a $0.50 track would sell 2X more copies than a $1.00, and 4X more copies at $0.25.

      Your example of ten million songs sold does not match the reality of the scope of the music market. That's decuple-platinum. The best-selling digital track of all time has sold three million tracks. And, of course, the vast, vast majority sell far fewer. As we've covered above, pricing and elasticity isn't the issue here -- there has to be demand.

      I think what we're running into here is a set of ideals and assumptions about making and selling music that's colliding head-on with the actual factual realities of same. I wish it were so easy -- there've been tons of Slashdotters to whom it's patently obvious that -- well, duh! -- the easy solution is just to sell music for $0.20 a track. If it were truly easy, somebody would have done it.

      --
      Sitting in my day care, the art is decopainted.
    351. Re:A Strawman for the Symptom by shark72 · · Score: 1

      Well, the thing to understand is that these folks aren't really saying "$1 is too much" -- they're saying "$CURRENT_PRICE is too much."

      I recently picked up a copy of The Bird An The Bee's new album in glorious, non-DRMed MP3 form quite legally for $4.00. Amazon's MP3 store has lots more great music, new and old, for $0.60 a track or less, and most new CDs can be had for $12 or less. This is the way that the music market is going, and you can be sure that when $.50 MP3 tracks are the norm, folks like the "$1 is too much" poster will still be using price to rationalize piracy.

      --
      Sitting in my day care, the art is decopainted.
    352. Re:A Strawman for the Symptom by Locklin · · Score: 1

      The $1 candy bar has a significant raw-materials, manufacturing, distributing, and shelf real-estate costs. I'd bet that less than half the $1 goes to the "designers" and for corporate profit. The per-item costs on an iTunes song is probably closer to a fraction of a cent.

      You may be able to "copy" your song to your sound device a few hundred times, but the record company can copy it billions of times and sell them individually. I bet the candy bar companies wish they could do that.

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    353. Re:A Strawman for the Symptom by shark72 · · Score: 1

      "Well i wish i was pulling the big bucks like you. where im from CD's cost 30 bucks, and to be honest i simply don't have the disposable income to by any."

      You're in New Zealand. $30 in New Zealand dollars is $15 US. So, you're paying more than we do in the US for CDs, but not much.

      Be careful of making the same mistake that others have -- with digital goods, it's audience size, not the cost of manufacturing, that's the metric. Any particular piece of digital media -- let's say a song, or a movie -- has a finite set of potential customers. How many of those customes choose to pirate, vs. pay for it, determines the revenue.

      I don't think the GP or anybody here is trying to tell you that you shouldn't pirate. By all means -- if you'd rather save your money for something else, then fly the Jolly Roger and God bless you. However, you're on shaky ground when you try to infer that the pirate vs. buy decision doesn't affect others.

      --
      Sitting in my day care, the art is decopainted.
    354. Re:A Strawman for the Symptom by Locklin · · Score: 1

      Ever hear the term "false dichotomy?" Current copyright laws are draconian, they could easily be made weak, and short-term.

      If that was the case, Free Software would probably fall out of favor because everything would be nearly Free. There would still be a distinction between Open and closed source, but that would entirely be a pragmatic issue. RS would retire, and Linus would continue posting source code. That, and everyone on /. would hold hands and sing a love song for Bill Gates.

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    355. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Saying "it isn't theft" doesn't make it so.

      I know. The law says that it isn't theft. It is you who simply try to say that it is. I am sorry, but the law agrees with me, and not with you.

      And economy, BY DEFINITION is based on "artificial scarcity": Even though there are 400 cars at the car lot, you can't take one home if you don't pony up the cash. Why can't you just take one since they obviously have 400 and you have none? They're creating artificial scarcity for no technical reason! OMG! LET'S STEAL (ahem: "asset transfer") ONE!

      You are delusional, I'm afraid. 400 cars in a car lot is not an artificial scarcity, by any means. It is quite the opposite, i.e. a very real scarcity. There are only 400 cars. There is no simple way to make more cars based on those 400 cars. The scarcity is real. When they are all sold, none are left.

      Digital content is not scarce by nature. It is trivially easy to make more of it. Thus, any scarcity used as means to prop up prices has to be artificial, by definition.

      Really, this shouldn't be so hard for you to understand.

      Sorry this simple fact is so hard for you to grasp that you call it "incoherent".

      You misunderstood. Twice. First, you stated no fact. And second, it was your reasoning that was incoherent.

      And just saying "change your business plan" is a waste of digital ink.

      If you are unwilling to adapt to changing circumstances, then the ink is wasted on you, yes. Consequently you also deserve to watch your business fail.

      It's like finding somebody who fell out of an airplane and telling them that if they don't do something quick, they're going to hit the ground.

      Not really, no. You see, this change isn't a new thing. It has been in progress for several years. It's more like repeatedly - all the way from before boarding the plane, during take-off, during ascent and during prepping before the jump - telling the idiot going to jump out of the plane that it would be a good idea to put on the parachute before jumping.

      The idiot refusing to listen and jumping anyway is a rather fitting image of the industry.

      Come back when you have a clue. Because you are hurting those that do.

      Quaint. I am sorry, but you still don't get it. Obviously.

    356. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      "What irks me are those who engage in illicit copying and try to justify their actions by silly arguments. You're taking the fruit of someone's labor and not paying for it."

      What you don't seem to get is the resource is not scarce, mainstream economics is the distribution of SCARCE resources, a digital work is not scarce.

      It's a good that defies scarcity, unlike regular goods, in which product is lost and so cannot be sold. Also note that despite not being scarce, many digital works still rake in a tonne of money. Call of Duty 5 sold 5.2 million copies. I'm not worried if the the worlds billions of poor pirate, I'm more worried about solving more important problems in the world.

    357. Re:A Strawman for the Symptom by Hatta · · Score: 1

      Otherwise I could beat him over the head with the very real and surprisingly high cost of a professional musical production.

      You really don't seem to understand the concept of marginal cost. The cost of making the first copy is not the marginal cost. That is known as the fixed costs. The marginal cost is zero, whether you're talking about a folk musician at an open mic night, or U2.

      --
      Give me Classic Slashdot or give me death!
    358. Re:A Strawman for the Symptom by relguj9 · · Score: 1

      That's fine, they don't have to perform live to make their living... just don't expect me to buy their CD's for 15 dollars when I can get it for free. If it's on iTunes or available for download for cheap I'd consider it or I'll listen to it with ads for free. I compensate bands and musicians I like by going to their concerts or buying their merchandise. If they don't tour and I REALLY REALLY like it, I'll pay for the music.

      After it's been let out into the air, it's just sound though.

      I have no moral problem with making a recording of someone's music and listening to it myself. I have a problem with selling that copy or profiting from it, but just listening to it myself and enjoying it? Hell no. IMHO, we've been conditioned over the past 100 years to recording music is somehow morally wrong by people looking to profit (extort) from us by manipulating laws.

      For the record, I feel differently about movies and I go to theaters and buy DVD's. Movies, as a body of work, are more of a piece of art than a music recording. The music itself is art, not the recording, it's different with movies.

    359. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      It's only a rip-off if you are forced to buy it, like with a gun to your head.

    360. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Looks like an interesting site, but:

      Hulu is committed to making its content available worldwide. To do so, we must work through a number of legal and business issues, including obtaining international streaming rights. Know that we are working to make this happen and will continue to do so. Given the international background of the Hulu team, we have both a professional and personal interest in bringing Hulu to a global audience.

      If you'd like, please leave us your email address and the region in which you live, and we will email you when our videos are available in your area.

    361. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      2: 1$ for a tune and 2$ for a single episode of a TV show is a rip-off

      I realize I'm in the wrong crowd to be making comments like I'm about to make, but come on now, seriously?! $1 for a song that you can listen to over and over again is too much? Last I checked, a king sized candy bar costs more than that, and you can only eat the thing once. A can of soda costs almost that much, and you can't drink it more than once. A lot of things that people consume regularly, things that they consume ONCE, cost more than a song that can be replayed for years.

      Your arguments are correct, but I think your conclusion is flawed.

      The point is not how many times it can be consumed - but how many times it can be sold!

      Song - produce once, sell infinite number of times
      Candybar - produce once, sell ONCE

    362. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      he marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace, and it's to the interest of the marketplace (including its consumers) to see that the demand side of the equation is preserved so that the engine of the free market can still operate.

      No. Flat out wrong. Technology destroyed the supply side of the equation. Supply is infinite, and regardless of the demand, the products value is virtually zero, as it is perceived by more and more.

      This is the whole problem. The content industry tries to clench onto a stale supply/demand business model, which just does not work anymore. Fighting for more sane copyright terms is useless because of the simple fact that _copyright does not make sense anymore_.

      Capisch?

    363. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I get my music through emusic.com for about 25 cents per track.

    364. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 1, Informative

      >because I can give $5 to every person I talk to on a normal day and still not spend as much as I earn in that day.

      That's very nice of you. However, most of us with above average jobs are earning, after taxes, $24,682.50 per person, or $49,365 per household (How to calculate: $67,600 applied to tax cacluator, $1 added to result, divided by two).

      Average spending in Canada is listed here. If you remove the following optional components, along with taxes (as we are working with tax free money):

      $3,975 - Recreation
      $264 - Books
      $1,157 - Education
      $1,475 - Vices
      $258 - Betting
      $1,087 - Slush
      $1,505 - Gifts
      $13,634 - Taxes
      -------
      $23,355

      $67,736 (total) - $23,355 (optional + taxes) = $44,381 required to live an average lifestyle without any optional needs.

      $49,365 - $44,381 = $4,984 in excess money.

      $4,984 - $600 (My guesstimate of a yearly cost of owning decent home theatre equipment, a computer, iPod, etc, including TV, sofa, DVD player, receiver) = $4,384 remaining.

      So, lets suggest you like to listen to music in your 8 hours of "free time" a day (which an average person should have). 8 * 365 - (52 * 2 * 8) + (52 * 2 * 12) = 5,000 hours free time a year.

      $1 per song, and you only have $4,384, and just the basics to live on. Even if you got an hour of playtime out of each song (that's as many as 20 plays for some songs), you will need to find another $616 to pay for it that year. I guess you will be spending plenty of time at the library as an average person.

      But hey, warp your reality as you like. I base mine on hard stats. Clearly, you base yours on some crazy idea that people earn $100k+ a year, and those that don't are broke bums, which is provably false unless you want to present the ludicrous notion almost all people are broke bums.

      Music is worth about $0.10 to $0.25 a song, at max. With those sort of number, it at least brings the cost into line with already overpriced/overvalued cable TV subscriptions.

    365. Re:A Strawman for the Symptom by tomatensaft · · Score: 1

      If there is no copyright law, I can then legitimately disassemble your code, write same stuff myself and release it to public. Or, if any of the source code you wrote gets eventually public (even against your will and even by means of a criminal act), I can freely redistribute that code.

    366. Re:A Strawman for the Symptom by tomatensaft · · Score: 1

      So it's not theft if someone comes into your house, takes away your TV, doesn't give it to someone else, but throws it into the ocean?

      This is usually called hooliganism, vandalism or simply destruction of property. But not theft.

    367. Re:A Strawman for the Symptom by Tiber · · Score: 1

      Go back to K5.

    368. Re:A Strawman for the Symptom by Ifandbut · · Score: 1

      What is wrong with DivX? I'v been watching movies/trailers/fan videos encoded in DivX/Xvid for as long as I'v had high speed internet and I'v never had a problem. However, the new formats like H.264 and AVCHD have been problematic for me recently. I cant find a codex that works with Media Player Classic correctly and I refuse to install yet another media player on my machine.

    369. Re:A Strawman for the Symptom by Endo13 · · Score: 1

      Ok, if we *are* going to call the violation of rights "theft", the only thing really being stolen is the public's right to the use and sharing of information.

      See, copyright is actually an agreement between the public and the producer of said copyrighted work. The public agrees to give the producer the privilege to be the only one to distribute said work for a specified, short-term duration. Back when things took days and weeks to print, and months or years to distribute, a copyright duration of 14+14 years made sense. Now, things can be produced in minutes, distributed in hours, and the costs for all of the above have gone down by several orders of magnitude. So we... increase copyright duration?? Sorry, that's backwards. Given the advancements that have been made in production and distribution times and costs, copyright duration now should be what, about 2+2 years at most? And that is what the public is rebelling against. Yes, rights are certainly being violated, but those rights are not the rights of the content producers.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    370. Re:A Strawman for the Symptom by ebuck · · Score: 1

      B still has the right to produce copies. It's just that A can do it too.

      You can't live in a society where everything is protected from copying because it would halt all production.

      Imagine that you're cooking a grilled cheese sandwich, somebody somewhere has grilled one the way you do. How are you going to find the individual to ask for permission to copy their technique? What sort of compensation should they be able to demand? Should society be bereft of all grilled cheese sandwiches because the first inventor demands a punitive fee for grilling one?

      That's why even the government has limited copyright to fall on a particular subset of products, and then with limitations. Why you see so much push against Copyright Law has to do with the increase on the limitations recently passed.

      The law stood for so long because production costs to infringe were much higher in the past; today the average citizen can afford to infringe, in the past you would have to hire an orchestra, develop hundreds of feet of expensive film, or create dies to press records. Now you only need a computer which you already have purchased for other reasons.

      I expect even more draconian attempts to "fix" the issue of illegal copying before any sane resolutions are considered.

    371. Re:A Strawman for the Symptom by ebuck · · Score: 1

      When value is intricately tied to rarity; yes, you can decrease the value of an item by copying it. Just like you can increase the value of an item by destroying it's duplicates.

      But when you remove the barriers of duplication, then you cannot base something's value on its rarity. That's the issue that the recording industries are in today. Music recordings are a-dime-a-dozen, and the intrinsic value had decreased below the purchase price permitted under the current "ship a CD to a store" system.

      I just can't wait until automobiles are trivially easy to duplicate, because the price of Ferrari's really doesn't agree with my pocketbook.

    372. Re:A Strawman for the Symptom by Hal_Porter · · Score: 1

      In practice you can do all that stuff even with copyright law. And back in the old days people did disassemble - CPM was cloned into QDOS, ancestor of MSDOS. Big chunks of MSDOS were reverse engineered into DRDOS.

      But over the years, that's got a lot harder. Wine is still a long way behind Windows. NTFS support basically sucks on any OS but Windows. And it would be almost impossible to reverse engineer something which is released frequently. So if RedHat stopped releasing code, because copyright didn't apply, it seems as if reverse engineering wouldn't be able to make up the gap.

      --
      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;
    373. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Skipping some irrelevant ramblings...

      And on to the meat. You're still not getting the point:

      But, in any event, I guess that you are asserting that anybody who produces copyrighted material should just give up now and hurry along, right? Programmers, have no rights to their works anymore, right? On a side note: this would make the GNU GPL worthless, since it's based on copyrights...

      Nope, nobody is asserting anything like that.

      So programmers have no rights to their works, anymore. Neither do authors, music writers, photographers, font creators, video-game writers, technical manual writers, database designers, website coordinators, architects, lawyers, hardware engineers, chipset designers, and advertising agents, right?

      Wrong. Nobody is suggesting anything like that.

      Hell, the majority of our modern economy needs to get with the program, give up their day jobs - they need to adapt, like scribes, Roman foot soldiers, and town cryers, right?

      Nope. Still wrong.

      Methinks you are confusing your front side with your back side when you talk about going backwards...

      No. But it is by now painfully obvious that you are arguing something entirely different than everyone else is. No wonder you don't get it. You don't even know what is being discussed.

      I'll highlight some key things for you to keep in mind, while thinking about these things:
      - Preventing digital media from being copied (freely) is pointless. You will fail.
      - Pretending that digital media is scarce is delusional, because it isn't scarce.
      - Basing your entire business model on maintaining the above two illusions is doomed to fail.
      - Refusing to adapt, in the face of reality, is borderline insane, and at best very stupid.
      - Postponing the adaptation even further is certifiably insane, and extremely stupid.
      - Copyright isn't today what it was intended to be, and needs to be rethought.
      - Everyone deserves fair compensation for their work.
      - Not every method of compensation is going to work.
      - There are different ways of doing business than selling copies of digital media.

      Arguing semantics will not help you. The change in public perception and opinion of what is acceptable and what is not is very real. You cannot make it go away with words no matter how much you may want to. While the industry continues buying laws, extending copyrights and whatnot, everybody else will keep moving forward, regardless.

      Are you going to be left behind?

    374. Re:A Strawman for the Symptom by ebuck · · Score: 1

      His analogy does not fail. If he invested a lot of time and money or little time and money in the acquiring of the calculator, he would still have the calculator.

      The right to reproduce an item is not inheritly assigned to it's creator. It is legally assigned, in some circumstances, under certain conditions.

      If you believe you can charge more than the investment cost in selling your item, then you might have a viable business plan. If you feel that the only way you can charge more than the investment cost is to enforce rarity, you might have a viable business plan if the item you produce is very hard to duplicate.

      If you feel that the only way this item hard to duplicate is legal injunction, you have a hard reality to face. The law can do many things, but it cannot effectively violate the real world. Even if you win a case here or there, an item that is easy to replicate is easy to replicate.

    375. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Yes, I know. And I was being nice.

      No, you were being an arrogant twit. And you're still missing the point.

      There are two definitions for 'marginal' - the economics definition as you stated, and the plain English definition which is approximately: 'minimal or insignificant'.

      Right. No relevance to the discussion at hand, of course.

      Otherwise I could beat him over the head with the very real and surprisingly high cost of a professional musical production. Go to some small local bars (where they don't pay the musicians) to hear what I mean. There's a world of difference between the crap put by a typical (zero cost) garage band and a decent, professional production. Is he really trying to argue otherwise?

      I don't think he is. Neither he nor me is arguing anything of the sort, actually. I don't know why you are.

      How many hits should this poor guy take?

      Well, he hasn't taken any from you yet, so if you are his only opponent, you're in for a long run.

    376. Re:A Strawman for the Symptom by csartanis · · Score: 1

      You're right. Candy and soda are way overpriced too all in the name of profit.

    377. Re:A Strawman for the Symptom by csartanis · · Score: 2, Insightful

      Yeah, I hope those guys go to prison! I mean they have never heard of your band before and have no idea what the music sounds like, but they should go to prison for downloading your album and listening to it before they buy it! Who needs fans or customers right? Just send them all to jail!

    378. Re:A Strawman for the Symptom by csartanis · · Score: 1

      Your anecdotal evidence does little to sway my opinion. I own about 12 xbox 360 games yet I have played many more on my 2nd (modded) 360. Do you think I should owe the other publishers for the games I played for an hour and did not enjoy?

    379. Re:A Strawman for the Symptom by canuck08 · · Score: 0

      I'm saddened by this not because ...

      ... of what you have tried to say but because of how you have written it.

      Precedence is not he word for which you are looking.

      You want the plural of precedent: precedents

      Furthermore, one does not 'set a precedent on' someone. The result of a trial can set a precedent *for* the adjudication of something.

      You're welcome.

    380. Re:A Strawman for the Symptom by nicodoggie · · Score: 1

      I thought of that, but think of a different method of distribution. One where you really need to be good enough to get people's attention, like concerts.

      Even though there are a hell of a lot of pirated copies of your album all over the Internet, you could go on the road, rocking your ass out, selling signed copies of your CDs/DVDs and some concert paraphernalia such as t-shirts, buttons and stickers.

      The great thing about the Internet is you can distribute you content for free to the entire world, with minimal costs. This obsoletes the recording companies because the reason why they were built is artists from Backwater County can be heard in LA or NY or London.

      The only reason why the recording studio system is still getting support, is because they generate much more money, hell of a lot faster.

      But then, who the hell needs that much money anyway? Who needs fifteen cars, twelve 5 hectare mansions on a cliff? No one.

    381. Re:A Strawman for the Symptom by brit74 · · Score: 1

      They won't be happy until it's *free*. The whole "$1 a tune is too much" is really just a ruse. Recently, I was talking to a friend of mine, telling her that Amazon was selling some of their top 50 albums of 2008 for $5 each. Do you know what she said? "It's still $5 more than downloading it". It's never enough. The cost - whatever it is - will always be deemed "too much".

    382. Re:A Strawman for the Symptom by Malc · · Score: 1

      I guess my biggest concern with it is that forgetting to turn it off could result in losing GBs from the monthly limit.

    383. Re:A Strawman for the Symptom by brit74 · · Score: 1

      To be fair, selling 10 million copies of a song is extremely rare, and I don't think you've included all the costs involved. For example, you seem to suggest that a musician is one person - not a band, and no studio musicians were involved. You also seem to ignore the middle-men; iTunes takes a cut, for example. And advertising and marketing have to fit in their somewhere. I'm sure there are plenty of costs involved that neither of us know about - and that's one of the perils of having laypersons do "back of the envelope" calculations about what the musicians "should" charge for music.

    384. Re:A Strawman for the Symptom by DrSkwid · · Score: 1

      1. Enough bandwidth to distribute 4gb movies to all comers is not a minimal cost.
      2. Where do we get our $120k for making the movie from?

      Rock star lifestyles are not on our list of expectations but it is a risky and expensive business. Boo hoo for choosing it but zero day is possibly the most annoying risk. Someone comes along and stole your income potential and the better your film, the more likely it is!

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    385. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I think you mean The Phantom Tollbooth

      The Phantom Hourglass is the latest Zelda installment on Nintendo DS.

    386. Re:A Strawman for the Symptom by Ysangkok · · Score: 1

      do you have a source for "it's not legal to watch region 1 dvd's where i live"? i do not believe it

    387. Re:A Strawman for the Symptom by Ysangkok · · Score: 1

      that is only because your player obeys the rules set by the dvd. i believe VLC does not limit you in that way.

    388. Re:A Strawman for the Symptom by arnhdgs · · Score: 1

      It would not be too much if one was buying the song on physical media, but we are talking digital downloads w/o repetitive freight or manufacturing costs. Candy bars and Sodas must be manufactured, stored, shipped, put on a shelf and left to sit until purchased. A song is recorded once and stored on a server... I'm not arguing what the price SHOULD be, just that there's really no reason that a music file should cost as much as that same music put on plastic, wrapped in plastic and shipped across the country.

    389. Re:A Strawman for the Symptom by Draek · · Score: 1

      There's only one appropiate answer to your post: Woooosh! ;)

      --
      No problem is insoluble in all conceivable circumstances.
    390. Re:A Strawman for the Symptom by dave562 · · Score: 1

      It costs significantly less to download music than it does to purchase it. I have never been a big consumer of music, but I remember spending $15 for a CD with between 8 and 12 tracks on it. That works out to more than $1 per track. If I only really like one track on the CD, then I end up paying significantly more than $1 for the track that I wanted. One of the biggest complaints that music fans used to make is that they had to buy an entire CD just to get a couple of tracks that they like. Now that they can simply buy a single track, the gripe seems to be that the single track costs to much.

      At this point I'm convinced that America is just full of whining assholes who will bitch no matter what. The mind has the ability to justify any behavior, and that is what we are seeing here. People will justify theft in whatever way they need to, in order to clear their conscience of it.

      You argue that music is recorded once and stored on a server. Have you ever been to a recording studio? They have to pay rent. They have to pay to have the building especially constructed, soundproofed, etc. They have to pay for the equipment, and professional recording equipment isn't cheap. They have to pay electricity to power their gear. They need disk space for the song. An MP3 is a COMPRESSED file. A master is hundreds, if not thousands of times larger than the finished product. The data center that the music sits on has operating costs, electricity, employee wages, etc. You talk about the costs involved with candy and soda, then make the assumption that there aren't similar production costs associated with music?

      The production costs aren't even the point though. The point is that we, as Americans, live in a society of consumers. We pay to consume things. We pay a lot more to consume things with less reusability than a music download. That is the point. You can argue soda, or candy or whatever all day long, but it doesn't change the point that in this day and age, to be able to spend $1 for something that you will use more than once in a rarity. What else can you get for $1 that will give you as much enjoyment as a song that you like?

    391. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I never have been to a recording studio and don't see how that matters, I did not argue that there were not production costs that go along w/ the creation of a musical recording, or that making a file available for download 24/7 is free-of charge. The argument is that the production happens once and the file that is downloaded is one file consumed multiple times, it is reused. I think it is pretty safe to say that it is cheaper to bring music to market digitally than physically and the pricing does not reflect that. When you take into consideration that those compressed audio files are not CD quality (If they want to sell master recordings they should feel free to jack up the price), do not come w/ liner notes or artwork and there is, for me, even more of an argument that they are overpriced. Though the business model is obviously working I choose not to spend my money that way, and as reusable as it may be, if I only play it once, and don't like it, the point is moot. When I'm paying $1.25 for a bottle of beer, it's b/c it's worth it, to me. I have faith that the price fairly reflects the cost of production and distribution. I don't have that faith with digital media.

    392. Re:A Strawman for the Symptom by Splintax · · Score: 1

      Definitely a concern - although it's not such a big issue if you use an ISP that doesn't meter uploads.

    393. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

      In all these cases, things of value to you were devalued by acts of others. In all these cases, you still hold the "thing" in question containing the value that was stolen from you. You still have the stock from the company, you still have the source code on your computer, and you still have a (worthless) car. And yet, you've still been robbed.

      You still have your original, but the value of that original has been taken from you. Whether you call it "theft" or "piracy" or "copyright infringement" doesn't change the underlying fact. You are still the loser.

      I'd say Bill Gates was pretty pissed at this whole Linux thing. He wrote software he intended to sell to a client, someone else wrote a free version that they distributed, and he lost out.
      He was pretty pissed. He might even say that those guys that gave the software away for free 'stole' from him.

      He still had his source code, he still had his stock, yet he lost out.

      So, by your logic, the free software was theft?

      By your logic, if someone sets up a competing business that devalues my stock, they've stolen from me.

      Whatever about your conclusions, your argument is absurdly flawed.

    394. Re:A Strawman for the Symptom by nicodoggie · · Score: 1

      My example was actually about the music industry that's why I was saying recording studios are dying, and which is why I proposed roadshows to earn a living.

      Seeding a torrent for your 2 1/2 hour feature or weekly 30 minute sitcom is very cheap, you use the Internet anyway, I presume? You don't have to have you own site, server, etc, just set up a blog, post a torrent (it's your content so it's legal) and there, cheap distribution.

      But then again, I believe you mean the cost for transferring your DV shot movie to 35 mm. I hear this could be very expensive. The great thing about the world going digital is that film might be already on its way out (hopefully) and that takes care of that, but you still have to talk to all those cinemas everywhere, so I see how that's a problem. Hmmm... ok I admit, maybe the movie industry still needs some big backer, but still, they already make millions-upon-millions when the movie hits the Big Screen, they really don't need the additional money from DVD sales, etc.

      Being a rock star is not the same as being stupid. Of course there's that inevitability that someone new would come along and become the next big thing, but you and/or your band can improve, make and distribute new free albums, and go on tour again, and the cycle goes on. This might not be the most profitable scheme, but you still get enough to live comfortably, like I said, who needs 4 castles and 5 Ferraris anyway?

      Hah, I realize all my points are naive and such, that my points are too against the grain of human nature of amassing more than what is needed. I doubt, these things are going to happen any soon... but here's to hoping.

    395. Re:A Strawman for the Symptom by corrie · · Score: 1

      Awesome

    396. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      I disagree. I feel the consumer has a right to the lowest price and anything less is price-fixing. This thinking has to do with the fact that a majority most often rules, and my vote is that I not have to get nickled and dimed to death at the register every time I want to purchase something.

      When the music/movie/etc. is distributed online the industry involved with it's creation is making almost pure profit with very little of the money involved going to the actual artist.

      This is where the hypocrisy of the current system begins. Even though the industries have moved to online distribution and are saving millions of dollars in distribution costs, the money still isn't going to the artist. The big record labels and movie companies are keeping even more of the profits for themselves (http://www.downhillbattle.org/itunes/). This level of greed is worse than stealing. I would rather download the song/movie/etc. for free than pay someone other than the artist to deliver it to me at nearly zero cost to them while they reap all the profits.

    397. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Personally, I buy DVDs of movies that I really like, partly because I don't want to ever be unable to watch them

      Ironic, that's the exact reason I stopped buying DVDs.

    398. Re:A Strawman for the Symptom by DrSkwid · · Score: 1

      Torrenting your movie yourself does not generate revenue.

      I'll repeat this again :

      Making movies is expensive, even when the people work for free / profit share. There are only so many free locations and you still have to get people and equipment there. We shot our last one in 3 weeks, 90 hours in fact, which is extremely tight. Shot on dv with no 35mm print in the offing. Even with most of the crew on share points only it still cost $30k which is a shoestring, we know plenty of shorts that cost much much more.

      So ok, it is by choice. But what is life without trying to do the things you want to do and not polishing your arse for the man.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    399. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      if you drink 1000 cans of soda you got a problem, also if you buy 1000 songs, 1000 bucks is a lot of money.

      you must think in the whole public, if you sell 50 cent music for 60 million people, you got 30 million bucks.

      companies what you to pay 16 bucks on a CD so they only need to sell 2 million of them to make the same profit with 1/30 of the job/load.

    400. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      Candy bars and soda are physical items that we consume. There's a real cost (and profit) associated with each item created/consumed. I might listen to a music over and over again, but do the artist create the same song again and again?

    401. Re:A Strawman for the Symptom by pankkake · · Score: 1

      I have 22278 songs on my computer, about 1000 of them are rips from my own CDs (none of them are by labels of the RIAA by the way). It's just that I want that music but can't afford to pay more. So why not download them? And at $1/song it's just better to buy a CD - you get cool artwork, no lossy encoding, no drm, and a backup of your digital rip.

      --
      Kill all hipsters.
    402. Re:A Strawman for the Symptom by Cimexus · · Score: 1

      Virtually no ISP counts uploads as part of the monthly quota. Seeding torrents still involves a small download, but it's not much really. I seed torrents all the time and I doubt it adds up to much more than a few 100 MB per month.

      As for upstream bandwidth, you have a point there. 384kbps is pretty painful these days, and is the standard upload speed for *Telstra resold ADSL1* (not ~all~ ADSL1 ... if I connect using G.Dmt on my link I get 1 Mbps up). Once you get your ADSL2+ upgrade you should get a megabit up, which for a home connection is great. Besides, slow upload speeds are not any different than the US market (not sure about Canada). Looking at AT&T's site, their TOP DSL plan only has 6 Mbps down and 768kbps up. So maybe life in Canada is rosy with huge upload rates on residential services but that's not normal in most places. Personally I'm on ADSL2+ with 1 Mbps upstream, and I could pay an extra $20 a month to upgrade that to a SOHO plan with Annex M, which would give me up to 2.5 Mbps upstream. Not worth it though. 1 megabit is plenty for remote desktopping, seeding torrents etc.

      And yes, TPG was perhaps an extreme examples. They are dirt cheap but their network quality is not the best. I'm with Internode, renowned for great network reliability. They are considered one of the more expensive ISPs but even they don't approach your "90 bucks for 15 GB" figure (90 bucks on Internode would buy you 55 GB, and they have a HUGE selection of free file mirrors, game servers etc which you can usually grab most non-P2P downloads from).

      Thing is in Australia, yes things are more expensive in Canada. But North America is the heart of the internet. Figures show something like 80% of all content accessed by Australians is on US IPs. The US is a long, long way away, and there are only 2 or 3 undersea cables that get there, which cost a lot of money to build and maintain. It's not like in Canada where you can cheaply build short transit links down into the US.

      Incidentally, the opening of PIPE's new Australia-Guam cable later this year will add a heap more Australia-America capacity though and should bring down prices by a good 25% or more.

    403. Re:A Strawman for the Symptom by Orion+Blastar · · Score: 1

      I thought I told you guys not to stalk me over the Internet anymore.

      First you tell me to leave K5, and when I do, I get told to go back to K5. Make up your minds, do you want me back at K5 or away from it?

      Every time I try to get out... they pull me back in!

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    404. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      How to hack the watermark:

      1) Have two people download several of the same files.

      2) Compare every file to every other file for differences (to avoid noise-based watermarks - otherwise you can simply use one file per person).

      3) Erase watermark.

      4) Release file.

      5) Release tool to erase watermarks, licensed under GPL.

    405. Re:A Strawman for the Symptom by nicodoggie · · Score: 1

      I realize that you don't get money from distributing your movies by torrent, and people who do art films, really don't like compromising their work with all sorts of product placement (the only way I could think of on how to make money by distributing via torrent) but this is why I said this in my last reply:

      Hmmm... ok I admit, maybe the movie industry still needs some big backer, but still, they already make millions-upon-millions when the movie hits the Big Screen, they really don't need the additional money from DVD sales, etc.

      But then I realize that if you do a direct to video release, you'd need the video sales...

      Hmm... this just proves that no single business model fits all. Sorry for putting you through all my damn ranting. Hehe

    406. Re:A Strawman for the Symptom by DrSkwid · · Score: 1

      no apologies required :)

      The future needs deciding ahead of time. I'm just trying to expose people here to another side of the "fuck Hollywood" way of thinking.

      Think of your favourite 5 films. There's at least 300 people trying to make a living from those films. Would our lives be better or worse without them? We just can't make these things on love alone, as much as we'd want to. At my level it already costs me money to participate. The heads of dept. on low budgets films are *already* doing it for the love. We just want to strike it full-time, let alone big, most of us have regular jobs aside from da movies.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    407. Re:A Strawman for the Symptom by thebigbadme · · Score: 1

      I totally agree, one size does not fit all. Hell, one size doesn't even always suite me.

      My original claim was that existing markets shouldn't have to expand themselves to be all inclusive. That being said, I see nothing wrong with new people coming into the foray, as it were, and trying to see if there's enough pie there to eat and be merry, and I'm glad there are lots of little bands trying.
      However, if there were such a plethora of musicians creating enough music to fit every individual need then I would likely be hard pressed to find the particular thing that fit me, without wading through endless amounts of other bits.
      Other than when I'm working (and can't really listen to the music I prefer due to being outnumbered...) I don't listen to anything that is likely to be found on a radio-station or television. I'm glad the things I listen to are around, but even in the current climate these take forever to find. My brain is racked with over stimulation searching through literally thousands of similarly shaped albums, with evident trending artwork, and a rather nondescript base set of titles.
      whatever, I guess I don't have the energy to finis.....

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    408. Re:A Strawman for the Symptom by Trogre · · Score: 1

      If someone walks into a bank and produces all the right documentation and opens a bunch of accounts under your name that's not really identity "theft", is it? You can still use your identity if you want to. Should we call that identity "murder"? I know, how about identity "infringement"?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    409. Re:A Strawman for the Symptom by Nefarious+Wheel · · Score: 1

      Excuse me don't excuse me ah Clem, I like your examples, but I'm not sure about the structure of your question. False dichotomy. You might as well ask why the porridge bird lays its eggs in the air.

      The first example is copyright infringement, not theft. Civil matter. The second example is using a legal practice (product return) for a shonky practice (which may not be illegal, or is illegal but unenforceable, irrespective of whether it rates a punch in the nose). First one symptomatic of a broken commercial model, second one symptomatic of a broken legal one.

      Hey, good derivative question -- what is it with laws that are completely unenforceable? Should they be there at all? What's their place?

      --
      Do not mock my vision of impractical footwear
    410. Re:A Strawman for the Symptom by internettoughguy · · Score: 1

      well i guess i was saying, that im not a member of that finite set of customers, so to speak. When i (hopefully) become a member of that paying elite i will gladly fork out the dollars, just so i can have a collection of pretentious CDs, to show the classy pussy that i invite round for dinner parties.

    411. Re:A Strawman for the Symptom by Anonymous Coward · · Score: 0

      "perceived difference" ?

      Both crimes are very well defined in the laws of my country, and probably in yours as well. You imply that there's no or very little difference between the two crimes, but in the eyes of the law, they're two distinct crimes.

      Neither of the scenarios you painted are theft, not in my country, and probably not in your country as well. The first scenario is obviously a case of copyright infringement (the uploader has no right to do that), but the second case looks more like a case of license breach, that someone may not use my software because he returned his license to use it.

      Neither is theft, I didn't lose any property.

    412. Re:A Strawman for the Symptom by ah.clem · · Score: 1

      Hey, Nefarious.

      Yes, it may well be, I was just typing off the top of my head. For me (as a one-time developer who has experienced both scenarios), it's a loss of revenue either way.

      I don't think these things can be settled legally in this manner; I think that as humans we live together under a "Social Compact" that includes compensating others for things created. What we are seeing with the ease of copying and redistributing electronic material is a breakdown in a part of the social compact. What the folks with laws are trying to do is legislate morality (in my opinion).

      I don't think it's possible to legislate morality; I think that laws that try are really for the benefit of the lawmaker, and to educate or punish the offender.

      I think it's not so much about following the law as being good humans; living within a loosely defined set of rules we all pretty much agree on (the Social Compact) that contributes to the growth and development of the species.

      I need to give your question the time it deserves to provide an answer. I will respond with a better thought-out answer.

      I have to say that I am surprised to be having this conversation on slash - I've been away for quite awhile, but since technocrat shut down I've been getting my fix again, here. I never had such a thoughtful reply to a question here.

      See ya on the Funway!

      --
      "Life is not magic." Dr. Ron Weiss - "If we don't play God, who will?" Dr. James Watson
  2. Torrent by dogmatixpsych · · Score: 4, Funny

    Any link to the torrent? ;)

    1. Re:Torrent by Anonymous Coward · · Score: 1, Insightful

      Any link to the torrent? ;)

      http://thepiratebay.org/tag/spectrial

    2. Re:Torrent by Anonymous Coward · · Score: 0

      Here you go!

      http://thepiratebay.org/torrent/4727071/The_Pirate_Bay_trial_day_1_part_1_mp3

      http://thepiratebay.org/torrent/4727141/The_Pirate_Bay_trial_day_1_part_2_mp3

      http://thepiratebay.org/torrent/4727335/The_Pirate_Bay_trial_day_1_part_3_mp3

    3. Re:Torrent by Anonymous Coward · · Score: 2, Informative

      To add to this, we have:

      The "official" site for the trial, somewhat slow at the moment

      Twitter feed with related posts

      The pirate party's coverage

      The trial is covered live with audio from swedish television and radio (in Swedish though), these and other ways to follow the trial can be found in the URL's above.

    4. Re:Torrent by Anonymous Coward · · Score: 0

      http://thepiratebay.org/torrent/4727033/The_Pirate_Bay_trial_audio_-_day_one

  3. Can't they just move to another country? by Anonymous Coward · · Score: 0

    There's got to be some country that can run a tracker that people can't touch.

    1. Re:Can't they just move to another country? by Anonymous Coward · · Score: 0

      Poland? Nobody messes with Poland!

    2. Re:Can't they just move to another country? by CarpetShark · · Score: 1

      There's got to be some country that can run a tracker that people can't touch.

      Maybe, once upon a time. Every time we let modern trailblazers like these get convicted for "crimes", or let our countries enact new laws to satisify greedy corporations, another free country disappears off the map. Sweden actually has a pirate party, and they're still being hunted. How many free countries do you think we have left? It's really time people started using encrypted, anonymous p2p. Otherwise, it'll be the familiar old, "They came for the jews, and I was not a jew, so I did nothing... then they came for me."

    3. Re:Can't they just move to another country? by Vectronic · · Score: 1

      They tried that already, by trying to buy a small island (tried twice actually), and starting their own country. Neither attempts succeeded.

      I'm by no means up-to-date on the laws of all ~260 countries or whatever, but I don't think there is anywhere that is entirely "safe", there may be a few where it is legal, or at least not illegal to do what they do, but that same country probably wouldn't be the best place to do their business for other reasons (mobs, poor internet, low food, weather, etc), or is easily influenced by anyone with money, status, popularity negating any "safeness" there may be.

      I'm Canadian, and we have some of the laxest laws regarding P2P:
      File sharing legal in Canada
      Canadian Police Tolerates Piracy For Personal Use

      And Torrent sites such as IsoHunt, moving to Canada... however, on the contrary:
      Court in Canada Shuts Down Torrent Site

      And it seems to be leaning more and more in that (downward) direction, so what may be "safe" now, may not be in 6 months.

      Personally, I have zero problem with TPB, MiniNova, Demonoid, or any of the rest... they are by far the wrong targets to be going after, you may as well go after Google, Yahoo, or even Microsoft (Windows XP Torrent) as they all contain links to torrents to copyright/illegal torrents as well, and much like Torrent servers, they do not contain the actual files, but just the torrent, which is basically a glorified network file shortcut, and although I hate to say it, targetting Axxo, FXG, etc would make more sense, but still far from proper sense.

      Fix the pricing, and "artistic/personal use" limitations, and everyone would pretty much get along fine, even though there will always be "illegal" torrents/files on the interent, no matter how many ways you try and stop them.

    4. Re:Can't they just move to another country? by Puffy+Director+Pants · · Score: 1

      Fairy-land perhaps?

      I'm sure you can find some country that wouldn't substantially care, but then, all the other countries would, and they'd cut off that country from the internet.

  4. $14.3Million USD in 2 years = 1 Euro by Adeptus_Luminati · · Score: 3, Funny

    The timing is priceless!I can only see this as a heads I win, tails I win for the Pirate Bay....

    1) If they win, they win.
    2) If they lose and have to pay $150,000 in 2 years or god forbid $14.3 Million USD, it's ok, in 2 years the USD will be as worthless as Zimbabwae dollars, so really $14.3 Million USD will be less than pocket change.

    GO PIRATE BAY!

    --
    No trees were killed in the making of this post; however, many trillions of electrons were horribly inconvenienced.
    1. Re:$14.3Million USD in 2 years = 1 Euro by Anonymous Coward · · Score: 0

      No trees were killed in the making of this post; however, many trillions of electrons were horribly inconvinienced. inconvinienced inconvenienced

    2. Re:$14.3Million USD in 2 years = 1 Euro by Anonymous Coward · · Score: 0

      Did this really get modded insightful? Call it funny if you think it is or mod it back down.

    3. Re:$14.3Million USD in 2 years = 1 Euro by mail2345 · · Score: 1

      Isn't like they had anything better to do.

    4. Re:$14.3Million USD in 2 years = 1 Euro by Anonymous Coward · · Score: 0

      Funny gives no karma, +5 funny and -1 redundant leaves you at a karma net loss, therefore a couple of insightful/informative prevents such ordeals.

    5. Re:$14.3Million USD in 2 years = 1 Euro by Anonymous Coward · · Score: 0

      I'm from Zimbabwe, you insensitive clod!

    6. Re:$14.3Million USD in 2 years = 1 Euro by ikajaste · · Score: 1

      If they lose and have to pay $150,000 in 2 years or god forbid $14.3 Million USD, it's ok, in 2 years the USD will be as worthless as Zimbabwae dollars, so really $14.3 Million USD will be less than pocket change.

      The problem with living in Sweden is that they probably have to pay SEK, not USD...

  5. Sad. by Anonymous Coward · · Score: 0


    It's sad that big business is harassing these fine young men.

  6. Not a surprise. by Computershack · · Score: 0, Redundant

    TBH, they brought this on themselves with their childish responses to legal letters. They'll bleat on and on about search engines like Google and media services like Youtube but they're perceived as responding to IP holders requests, not telling them to fuck off as TPB did.

    --
    I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
    1. Re:Not a surprise. by Hatta · · Score: 3, Interesting

      Of course they did. They are, after all, on the right side of Swedish law. All that remains to be seen is whether we can say the same about the Swedish courts.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Not a surprise. by ObsessiveMathsFreak · · Score: 5, Insightful

      responding to IP holders requests, not telling them to fuck off as TPB did.

      Give me one good moral reason why one shouldn't respond in that way to a cease and desist letter.

      --
      May the Maths Be with you!
    3. Re:Not a surprise. by Anonymous Coward · · Score: 1, Insightful

      "they brought this on themselves with their childish responses to legal letters."

      It was a totally valid response to utter bullshit... they are breaking no Swedish laws, period.

      Apparently you're too rigid in your "I know better than them", thinking to see otherwise.

      Hoser

    4. Re:Not a surprise. by Sparton · · Score: 2, Insightful

      Give me one good moral reason why one shouldn't respond in that way to a cease and desist letter.

      If you know you're in the moral wrong, or should otherwise know.

      Cease and desist letters aren't exclusively evil. They're merely tools. Just like with the Pirate Bay, it is not exclusively a pirating tool, but it can be (and in many cases is) used as such.

    5. Re:Not a surprise. by Anonymous Coward · · Score: 0

      Have you watched Steal this Film ?

      it sums up the moral viewpoint quite nicely

    6. Re:Not a surprise. by an.echte.trilingue · · Score: 3, Interesting

      Of course they did. They are, after all, on the right side of Swedish law. All that remains to be seen is whether we can say the same about the Swedish courts.

      I dare say that very few of us here are qualified to make that statement, probably including you, my good sir. In fact, I believe that this trial is happening because a large number of lawmakers, layers, and judges in the Sweden can't even answer that question yet. We will soon see if they are breaking the law in Sweden or not, though.

      --
      weirdest thing I ever saw: scientology advertising on slashdot.
    7. Re:Not a surprise. by Anonymous Coward · · Score: 0

      That's right - it's not whether you are in the right, it's whether you are polite enough to be allowed to have civil rights. Even when there's an honestly applied rule of law it doesn't apply to people who are too overt about it.

    8. Re:Not a surprise. by I+cant+believe+its+n · · Score: 1

      TBH, they brought this on themselves with their childish responses to legal letters.

      Most of those letters where refering to US laws and Sweden is not the 51:st state.

      Technology is considered neutral in Sweden so providing access to a service does not constitute a crime in itself.

      Also... you make it sound like the did not want their day in court. You do realize that they are closely affiliated with the Pirate Bureau who knowingly pick fights against proponents of the current copyright legislation?

      --
      She made the willows dance
    9. Re:Not a surprise. by imbaczek · · Score: 1

      morality is like an ass, everybody has his own.

    10. Re:Not a surprise. by kojot350 · · Score: 0

      If you know you're in the moral wrong, or should otherwise know.

      Who are you to decide what's moral? Morality isn't universal, it's subjective.

      Cease and desist letters aren't exclusively evil. They're merely tools. Just like with the Pirate Bay, it is not exclusively a pirating tool, but it can be (and in many cases is) used as such.

      Wrong. TPB is "database of pointers" to the actual data/content. It IS a big difference.

      --
      [ $[ $RANDOM % 6 ] == 0 ] && rm -rf / || echo *Click*
    11. Re:Not a surprise. by Anonymous Coward · · Score: 0

      Yes it's a tool. If you call a threat a tool.

      That is what these letters are essentially. Remove this and this or else...

    12. Re:Not a surprise. by Anonymous Coward · · Score: 1, Interesting

      I don't think any matter of Swedish law will really be decided one way or another. What will be decided though is if Sweden is one of those lucky countries with a "special" relationship with the USA. You know one who gets to implement US law on the promise that the USA will use lube.

    13. Re:Not a surprise. by Anonymous Coward · · Score: 0

      If you know you're in the moral wrong, or should otherwise know.

      Yeah, but they aren't, and they know they aren't, and have no reason to know otherwise. Because ... they aren't.

      Cease and desist letters aren't exclusively evil. They're merely tools. Just like with the Pirate Bay, it is not exclusively a pirating tool, but it can be (and in many cases is) used as such.

      Right. Just as:
      - Cars, or any kind of vehicle.
      - Weapons, of any kind.
      - Gardening tools.

      Those make excellent weapons. Proven in court, even. Many times.

      And, to go on:
      - The phone networks.
      - The postal services.
      - UPS & FedEx & Others.

      Perfect delivery mechanisms for terror plans, plans for other crimes, including murder, letter bombs, bomb parts, and weapons, of course. As demonstrated uncountably many times over history.

      A common attempt to play down examples such as the above consists of saying something along the lines of: "Yeah, but the intent of those are not to facilitate illegal activities."

      Not officially, no.

      Sadly for those using that line of reasoning, it doesn't change the fact one bit that many, and I do mean MANY, more crimes are committed each and every fucking day using those means than copyright infringements are performed using the search functions on The Pirate Bay.

      They'll both happily provide their services to anyone. Fancy that.

      So, where's the outrage coming from?

      This is a clash of big-money, old-business-model entertainment industry, versus a technological and cultural societal development that has progressed much faster than predicted by those who have grown accustomed to being able to rake in money doing ... not very much at all, except further perverting the related laws using the very same money, prolonging the inevitable to the detriment of everyone else.

      I have no sympathy whatsoever for the cretins. Fuck them.

      Compensating the artists for their work: Hell, yeah. Get the "entertainment industry" and their obsolete business-model out of the fucking way, and I'll send my money directly to those actually producing something worthwhile.

      Good stuff survives without advertising. Bad stuff doesn't.

      That's real competition for you. About time it actually happened.

    14. Re:Not a surprise. by masmullin · · Score: 1

      using TPB I now own your ass.

    15. Re:Not a surprise. by Anonymous Coward · · Score: 0

      Well, the big problem here is that we have political courts.

      The courts have repeatedly through the years shown that they are _extremely_ sensitive to political pressure, even though the judicial system here is _supposed_ to be an entirely separate branch from the executive. For instance, it's against the constitution for a minister or any other political representative to interfere with the judicial handling of a specific case. Fine and dandy by me, unfortunately it's bollocks. Politicians have over the years shown an increasing lack of respect for the constitution, because they can essentially break it any time they want with impunity, while the courts have shown and ever increasing lack of backbone.

      The examples are plenty, ranging from the sentencing of our local nutcases http://en.wikipedia.org/wiki/Mattias_Flink and http://en.wikipedia.org/wiki/Mijailo_Mijailovi, who were clearly both nutcases that should have been locked up in the psychiatric part of the correctional system (note that this, contrary to popular belief does not necessarily mean they are soon out again - in fact those who have spent most time locked up in this country have been sentenced to psychiatric "care"), to how the riots in Gothenburg during the EU summit was handled, and now this. All these events are examples of the court system caving in to political pressure, either from the public, or directly from various ministers.

      Now, with all that in mind, the city court, which by the way only have one member with judicial training, and where the rest is made up from, belive it or not, _political_ appointees (we don't have juries here, unless it's a matter concerning the press), has to face the most intense political pressure yet. It ranges between the latest affront to decency, the official "Medina report" courtesy of the EU, that glaringly precludes any trial, and more or less orders the court to find TPB guilty, to the original reason for raiding TPB in the first place - our lame ex minister of fasc^W justice getting told off by his american counterpart, which caused him to go home and order the prosecutor "to do something about TPB" (an expressively forbidden act) immediately, just months after the same prosecutor had investigated TPB and concluded that they probably were within the law.

      So, all in all, this trial is a farce, it's all about politics, and they will get convicted. Not because they necessarily did something illegal, but because the political pressure is on, and swedish courts have no balls.

      * Posting as AC because frankly I don't care about /. enough to get YAAOSRS. (Yet another account on some random site)

    16. Re:Not a surprise. by zobier · · Score: 1

      using TPB I now own a copy your ass.

      Fixed that for you.

      --
      Me lost me cookie at the disco.
    17. Re:Not a surprise. by Dracophile · · Score: 1

      responding to IP holders requests, not telling them to fuck off as TPB did.

      Give me one good moral reason why one shouldn't respond in that way to a cease and desist letter.

      "We refer you to the reply given in the case of Arkell v. Pressdram "

      --
      Athy, athier, athiest.
  7. Free Lunch by ObsessiveMathsFreak · · Score: 5, Insightful

    For people who make a living out of creativity or in a creative business, there is scarcely anything more important than to have your rights protected by the law.

    Absolutely! I mean it's either that or, horror of horrors, finding salaried employment.

    I'm a mathematician. Many Slashdotters are programmers, engineers, etc. Isn't our work creative? How come we don;t get a lifetime +90 years gravy train? Is what we do simply not worth as much to society as movies about comic book superheroes and books about high school for witches and wizards? We don't seem to need protection, so why should artists?

    --
    May the Maths Be with you!
    1. Re:Free Lunch by rudeboy1 · · Score: 3, Insightful

      They're called patents. If you make a nickel off everyone who uses your formula or proof, you're in the same boat as the rest of these cats.

      --
      Raging in an online forum won't do anything for the world around you. To see change, you must take action.
    2. Re:Free Lunch by Anonymous Coward · · Score: 2, Interesting

      I totally agree with you.

      In a totally different order of things, my father is a doctor. And he can have drugs for free, doctors don't make him pay when he needs to cure himself. Drugs companies send him mountains of presents, just in order to be sure he prescribes to his patients their drugs (not being for sale, he doesn't do that)

      People who are working in restaurant can eat for lower prices than the ones traditional customers pay.

      I am a computer scientist, and what sort of advantages does I have? Nothing. Except that I find quite logical to take advantage of bogus websites or copy softwares for my own use, seeing that like a kind of advantage given to me, computer scientist, by my peers, computer scientists.

      (I agree that for you, mathematician, it's even harder to get rewards from the society)

    3. Re:Free Lunch by Anonymous Coward · · Score: 0

      What patents are the music and movie business defending? I believe you took the wrong boat.

    4. Re:Free Lunch by cliffski · · Score: 1, Insightful

      wow. bit of a big chip on the shoulder there. Let me explain why you do not earn the same amount of money as the *evil* musicians and J K rowling.

      1) You do.
      99.9% of people working in games/software/music/movies/books/tv make pretty much the average wage or less. This includes people who are actually working for royalties and running their own business. Even those who *do* earn more than you in royalties end up with less, because they pay accountancy fees and business taxes first, then have to (probably) rent some premises, and pay for stuff like computers, office equipment, pensions etc, all of which come with your job.

      2) They are being compensated for risk.
      Unlike bankers, who get bailed out by the govt when they fuck up, Nobody bails you out if your movie/album/book flops.
      These people are taking a huge amount of risk with their money. Attenboriuygh remortgaged his house to help pay to make ghandi, and he had already made it at that point. George Lucas risked everything he owned several times in his career to help fund his movies.
      People making creative works do not get a salary all the time they are working on those products. Its a huge fucking gamble, and often you lose. The free market compensates people for risk, as a rational market should do.

      My best mate is a physicist. He earns a salary, and no doubt he is also envious of madonna and bill gates. He, however mnuch much preferes the security of a guaranteed salary each month, as I presume you do. Will you work for the next 3 years for free, betting 3 years income on the success of your maths work over that period?

      Most people will not. It's lately become fashionable to whine about this, as a pretext for getting free stuff.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    5. Re:Free Lunch by DrSkwid · · Score: 1

      While I think 90 years is far too long, how long should we get to recoup the $200k a low budget feature film costs to make?

      Would TPB not post trackers for the first 5 years of a film's release?

      How long do you wait until you d/l it instead of recipricating our efforts?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    6. Re:Free Lunch by MobileTatsu-NJG · · Score: 5, Informative

      I'm a mathematician. Many Slashdotters are programmers, engineers, etc. Isn't our work creative? How come we don;t get a lifetime +90 years gravy train? Is what we do simply not worth as much to society as movies about comic book superheroes and books about high school for witches and wizards?

      The truth is you're replacable. In most cases in the area you have described a dude can be dropped and another dude instantly dropped in his place. That's why.

      Let me put it another way: I am an artist. I work on movies. I don't get the gravy train, either. Why? Despite being in a creative position, I'm in a replacable creative position. Somebody else can take my place and get the job done. I cannot do what the actors do. Replace the principal actor with me and the movie won't make as many millions of dollars. Replace the script-writer with me and bam, exact same problem.

      It has nothing to do with the importance of mathematics. It's all about supply and demand, not about importance or what's fair.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    7. Re:Free Lunch by xtracto · · Score: 1

      I'm a mathematician. Many Slashdotters are programmers, engineers, etc. Isn't our work creative? How come we don;t get a lifetime +90 years gravy train?

      Write a book and enjoy the 90+ years of revenue... until TeamLiB warezez your book.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    8. Re:Free Lunch by Kell+Bengal · · Score: 5, Insightful

      You obviously haven't applied for a patent recently. Copyright vests automatically with any creative work you produce. To get a patent on the other hand requires lawyers (money), applications (money), review (money), sometimes contestation (money), probation (no money actually), and, if you want a useful term or global scope for it, extension (lots and lots of money). The two are vastly different protections; the barrier to entry for copyright is so low that even this post qualifies for protection (even says so at the bottom of this webpage). I've invented a few valuable things in my time as a research engineer, but the cost of getting protection is so prohibitive that unless I invent the Philosopher's Stone it's not worth it.

      --
      Scientists point out problems, engineers fix them
      altslashdot.org: The future of slashdot.
    9. Re:Free Lunch by ObsessiveMathsFreak · · Score: 5, Funny

      (I agree that for you, mathematician, it's even harder to get rewards from the society)

      Actually, it's really not a bother. Mathematics is generally its own reward.

      --
      May the Maths Be with you!
    10. Re:Free Lunch by Anonymous Coward · · Score: 1, Insightful

      Yes. And they last for <<95 years and <<most people's lifetimes.

    11. Re:Free Lunch by anagama · · Score: 2, Interesting

      Absolutely! I mean it's either that or, horror of horrors, finding salaried employment.

      I'm a mathematician. Many Slashdotters are programmers, engineers, etc. Isn't our work creative? How come we don;t get a lifetime +90 years gravy train?

      You can try to get on that "gravy train". Of course, you will have to go into business for yourself, put everything you own at risk, forgo or defer the many conveniences and benefits of having a steady reliable income, and create something that many people want. There is potential to do very well, and a million times more potential to simply fail and burn through your savings.

      I think many (not all) who enjoy benefits of "salaried employment", such as easy access to home loans, a predicable income, stability, and comparatively low stress levels, fail to understand the risks and the downsides inherent in trying to live and prosper independently of the mothership, and overestimate how easy it is to ride the "gravy train".

      --
      What changed under Obama? Nothing Good
    12. Re:Free Lunch by Anonymous Coward · · Score: 0

      Agreed, from the musician's side of things. If I'm not working, I'm not getting paid. If I expect to get paid for a track I dropped twenty years ago, why wouldn't I be paying the guy who built my driveway every time I use it?

      And besides: I don't know too many people making significant money from recorded material. I recoup the costs of every demo CD I've ever produced every time I play a weekly show.

    13. Re:Free Lunch by Anonymous Coward · · Score: 0

      I agree that for you, mathematician, it's even harder to get rewards from the society)

      As with your father the GP. Good mathematicians (usually also, real Doctors, as in PhD) get free books from some editorials.

      Both my parents are academics (my mother a professor and my father retired) and they have received plenty of free books through all their careers.

    14. Re:Free Lunch by b4dc0d3r · · Score: 1

      Depending on Bilski, computer software and mathematics can be covered by both copyright and patent, so you're actually better off than most. Blame society for pointing the gravy train at entertainment instead of research and foundations that make entertainment possible. Or blame yourself for choosing the wrong career.

      Writers just get royalties. Musicians have a "day job" touring, and also have record sales which are the royalties. Some artists get a set price per work, which may represent the number of hours work combined with how impressed the artist is with himself, but no royalties or day job. And don't get me started on patrons.

      Salary, hourly, overtime or no, benefits or no... Everyone gets paid a little differently.

    15. Re:Free Lunch by Anonymous Coward · · Score: 1, Insightful

      Maybe I speak for other progressive, creative content producers here when I ask....

      Where do we register our interests and opinions in this case?

      If, after all, it has international ramifications, who is representing the interests of creative producers? I am of the informed and considered opinion that copyright should be severely restricted if not abolished, and that the "Pirate Bay" are doing a useful service toward dissemination and awareness of my creative products. It is certainly not the IFPI that represents _ME_.

      So who does?

    16. Re:Free Lunch by Anonymous Coward · · Score: 0

      Counter example:

      Fashion designers. Their activities are identical in nature to artists in other formats. Same risks. Yet, they do not have the protection of copyright or patents. Guess what, they have to come up with new products twice a year! The ones that come up with new things people like make plenty of money. The ones that don't disappear. Their patterns can be reverse engineered and reproduced with ease. They only get to rely on trademark and yet the fashion/clothing industry is still larger than the entertainment industry.

      So why do some people deserve 90+ years of protection again?

    17. Re:Free Lunch by PDAllen · · Score: 1

      Hate to tell you this... but you are in fact doing the copyright gravy train thing.

      You're just proxying it off to whichever journals you publish in, to which you transfer a (usually limited) copyright. They make quite a bit of money selling subscriptions, and unless you get journal publications you won't get a job or a grant.

    18. Re:Free Lunch by gtbritishskull · · Score: 1

      But that is the problem. Even if the artist gets a set price per work, the recording company then owns that work and owns it for a long time. Just cause most artists don't get compensated properly for their work, doesn't mean the system isn't broken. It actually shows that the system is broken.

    19. Re:Free Lunch by SkOink · · Score: 3, Informative

      Patents are very different for a lot of reasons.

      First of all, math cannot be patented. Second of all, it's pretty much impossible to collect on a patent unless you're one of those companies who buys up IP for the sole purpose of litigation.

      Bear in mind that we live in a world where the web 'shopping cart' is patented. It is pretty much impossible to create anything in the tech industry without infringing on _some_ patent or another, and so what companies tend to do is develop patent portfolios that they can use to counter-sue anybody who tries to sue them.

      In our current system, refinement, optimization, or miniaturization of an existing concept is probably not novel enough to be granted a patent, and definitely not novel enough to successfully litigate with that patent. On the other hand, however, I could draw a cartoon mouse with dicks growing growing out of its forehead instead of round ears and if I was able to get it hung in my friend's coffee shop that would be enough to enforce copyright if it was ever ripped off by anybody else.

      --
      ---- I'll take you in a Hunt deathmatch any day.
    20. Re:Free Lunch by Anonymous Coward · · Score: 0

      You also need to do the whole patent dance for every market (obscene amount of money).

    21. Re:Free Lunch by Anonymous Coward · · Score: 0

      I don't understand this. What is it you do that needs protecting? If an engineer invents something, he can patent it (or the company he works for will patent it). Software can be protected by trademark. What else is there?

    22. Re:Free Lunch by DoubleMike · · Score: 1

      We don't seem to need protection, so why should artists?

      Ever heard of patents?

    23. Re:Free Lunch by mcrbids · · Score: 1

      I'm a mathematician. Many Slashdotters are programmers, engineers, etc. Isn't our work creative? How come we don;t get a lifetime +90 years gravy train? Is what we do simply not worth as much to society as movies about comic book superheroes and books about high school for witches and wizards? We don't seem to need protection, so why should artists?

      As a programmer, you *do* get a lifetime +90 years gravy train. At least, in theory. Software is protected by the same copyright laws that protect Mickey Mouse. And I agree: 90 year copyright term is destructive.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    24. Re:Free Lunch by Darkness404 · · Score: 1

      There are loads of ways to make people want to go to the theaters rather then pirate the film. For example, the theater could be much more technically advanced compared to the average person with a 50 inch plasma screen, HD rips and surround sound, but, my local theater is worse than staying at home and watching a movie on my own TV. Theres no one with crying babies, the floor isn't sticky, I can have reasonably priced refreshments rather than paying $3 for a coke, and I don't have to worry about my seat falling off. Add in some obvious benefits of owning a movie such as being able to pause, rewatch and format-shift the movie and you see that theres no real advantage to going to the theater. If the film industry would start making high-tech theaters, and better theaters that actually offer advantages to watching a pirated movie then people would go more often. Also, if they would simultaneously (or a delay of no longer than 3 days) release a non-HD DVD of the movie lacking any sort of special features the same day it was released in these nice theaters, then they would have more people buying the movie. And then after the movie was done in theaters it would be released on Blu-Ray and DVD with upgraded quality and special features.

      If you can't compete on price, compete on quality. If a pirated movie is going to give me a better experience then going to the theater, the choice for an informed consumer is obvious.

      --
      Taxation is legalized theft, no more, no less.
    25. Re:Free Lunch by PDAllen · · Score: 1

      I suggest you ask Rivest, Shamir and Adleman whether maths can be patented or not. If it's useful, it can be patented (whether or not you think that's a good thing).

    26. Re:Free Lunch by Anonymous Coward · · Score: 0

      That's the same "rational" free market that provided millions of dollars of compensation for those extremely important and competent bank executives?

    27. Re:Free Lunch by b4dc0d3r · · Score: 1

      What is the problem? You don't need a record company. Or another way, if you can do what the record company does, you can make that money for yourself. The company does a lot of work, and has a lot of promotional ties and connections. You can do the actual recording yourself and still get a great benefit with a record company. If you sign over your rights to someone who has a way into the industry, and use those ties to further yourself, the company deserves a percentage of whatever fortune and fame it makes for you.

      Record companies know there are plenty of great acts out there for every one that gets signed, which is why they can make the contract terms so rough. If you don't sign, someone else will. Same supply and demand problem, everyone wants to be famous, but the market cant support them all. I know, people will spend more overall if the music is good overall, but sometimes you have to decide if you're going to this concert or that concert. Too many of those choices mean a tour is closing somewhere.

      I used to be very much on the side of artists who think they get a raw deal from recording contracts. I say, if you don't like it go on your own. If you can't make it on your own, the record company deserves payment for whatever work it did on your behalf. Even if you end up in the red on the deal. It's no different from me going into business, getting loans, then failing and having to repay the loans. I'm in the red because I thought I could make it, and now that band is in the red as well for the same reason.

      If you want to be a musician and get paid for making music, no problem. If you want to try your luck with a big company and win the fame lottery, no one should feel sorry for you when you lose out. In short, if you need the help, you pay the price.

    28. Re:Free Lunch by swillden · · Score: 1

      (I agree that for you, mathematician, it's even harder to get rewards from the society)

      Actually, it's really not a bother. Mathematics is generally its own reward.

      So is music.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    29. Re:Free Lunch by Anonymous Coward · · Score: 0

      also you can't patent a formula or proof.

    30. Re:Free Lunch by Anonymous Coward · · Score: 0

      Ah, so that guy who recently proved Fermat's last theorem was replaceable? Remember the theorem was around, unsolved, for 400 years?

    31. Re:Free Lunch by nbates · · Score: 1

      Great, good for them. They are martyrs of the Arts.

      However, that doesn't really explain why should people give a damn about it.

      If they can make a living with their gambling, good for them! But we shouldn't change laws, and we shouldn't allow to be brainwashed about the evils of copyright infringement just to allow them do their gamble.

      If they are such geniuses of business then they can solve the following problem: your stuff can and will be duplicated, how will you earn money given that fact?

    32. Re:Free Lunch by cliffski · · Score: 1

      we wont make the stuff.

      enjoy last years stuff kid.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    33. Re:Free Lunch by cliffski · · Score: 0, Troll

      did you even read my post?

      or is this some knee jerk attempt at saying communism is better?

      enjoy your communist movies. The battleship potemkin gets pretty dull pretty quick.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    34. Re:Free Lunch by MobileTatsu-NJG · · Score: 2, Insightful

      Ah, so that guy who recently proved Fermat's last theorem was replaceable? Remember the theorem was around, unsolved, for 400 years?

      Did half a billion dollars suddenly change hands when he solved it?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    35. Re:Free Lunch by nbates · · Score: 1

      That's actually one solution.

      And that's the solution they should implement if they can't make a living out of "stuff".

    36. Re:Free Lunch by msuarezalvarez · · Score: 1

      The RSA algorithm is not patented. Implementations thereof are.

      You know, the distinction is not that subtle...

    37. Re:Free Lunch by nbates · · Score: 1

      Actually, no it isn't. That's why Madonna is upset about copyright infringement. She is doing it for the money.

    38. Re:Free Lunch by nbates · · Score: 1

      > If you can't compete on price, compete on quality.

      Nah... I think they'll just criminalize you instead, hoping they can milk the cow a little more.

    39. Re:Free Lunch by adolf · · Score: 1

      Roger that.

      I've created a few clever things, also, that the world may never get to see because of the difficulty of obtaining a patent.

      Everyone's all about patent reform these days: So, let's get to it. Reform patents so that small inventors can realistically afford to patent their creations again.

    40. Re:Free Lunch by Anonymous Coward · · Score: 0

      99% of actors screenwriters are replaceable. It is another artificial monopoly. There might be a minority of film watchers who join the cult of particular actor, but really you could replace Tom Cruise with any of the 1000s of aspiring talented actors, save $20 million, and not affect ticket sales. People are going to go to the movies anyway. We reuse actors, writers and politicians until they are washed out and threadbare out of laziness.

    41. Re:Free Lunch by MobileTatsu-NJG · · Score: 1

      ...but really you could replace Tom Cruise with any of the 1000s of aspiring talented actors, save $20 million, and not affect ticket sales.

      Wrong.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    42. Re:Free Lunch by Anonymous Coward · · Score: 0

      Mathematics is generally its own reward.

      Was this once the case for art?

    43. Re:Free Lunch by Anonymous Coward · · Score: 0

      Patents are for life + 90 years?

      Wow, I must've missed more than a few memos there!

    44. Re:Free Lunch by DrSkwid · · Score: 1

      You can hardly call DVD rips from mobile phone cameras an advance in quality over the all digital HD cinema I work in.

      It's $11 for a meal and a film.

      You want Blue-Ray too, well that's another $30k to the cost of making the film into Sony's pocket.

      I don't know where you live but you have a strange idea of what makes up an average person (or perhaps I do!) if that includes a 50" plasma and all the shizzle.

      So... as well as making films you want us to build cinemas too! But you'll only come if you can pause the film!

      > If a pirated movie is going to give me a better experience then going to the theater, the choice for an informed consumer is obvious.

      This is such a childish response, beeing a leech on society because you can't get your own way is the obvious choice? Here's an idea, stop being a consumer and start being a citizen.

      Because I don't enjoy the shopping experience is no excuse to go shoplifting.

      Filmmaking is a risky business already without the risk of your film going zero fucking day.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    45. Re:Free Lunch by Anonymous Coward · · Score: 0

      Did you know that making a movie about comic superheroes also requires money? And a lot of them, I must note.

      In the end, in both humanitarian and technical fields the only player that gets all the cookies is corporations.

    46. Re:Free Lunch by swillden · · Score: 1

      Actually, no it isn't. That's why Madonna is upset about copyright infringement. She is doing it for the money.

      And that is exactly why society would be better off with weaker copyright.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    47. Re:Free Lunch by CodeBuster · · Score: 1

      It has nothing to do with the importance of mathematics. It's all about supply and demand, not about importance or what's fair.

      Hene the reason why just about every sane person should support the end of copyrights, we would be no worse off salary wise and it is not at all clear to me that the "culture" presently being generated under copyright (i.e. top 40 crap and bullshit Hollywood films) would even really be missed. The problem with copyright is that they have removed all reasonable incentives for many average people to continue playing by the rules. The public domain is a joke these days, it might as well not even be there because almost nothing of cultural significance has gone into it in the past century. I won't live long enough to see anything I enjoyed in my youth enter the public domain, that is how bad it is.

    48. Re:Free Lunch by syousef · · Score: 1

      Let me put it another way: I am an artist. I work on movies. I don't get the gravy train, either. Why? Despite being in a creative position, I'm in a replacable creative position. Somebody else can take my place and get the job done. I cannot do what the actors do. Replace the principal actor with me and the movie won't make as many millions of dollars. Replace the script-writer with me and bam, exact same problem.

      You can replace one big name star with another big name star (or an up and commer). How do you think they became stars in the first place? Do you think Britney Spears was born with a fanbase? If anything the media produced these days is of such poor quality that one actor certainly can replace another. You argue you can't act. I'm sure Tom Cruise can't do what you do either. However there are other actors that can act just as there are others that can take your place. Even a genius may come up with an idea at the same time as another individual because the technology is ripe for that new idea. Has happened many times in history. No one's irreplaceable in the context of their work.

      --
      These posts express my own personal views, not those of my employer
    49. Re:Free Lunch by toQDuj · · Score: 1

      Is that the definition of replaceable?

      AFAIK, the guy did actually win a prize, but never collected it as he wasn't interested in money. The solution itself is priceless.

      --
      Every experiment which ends in a big bang is a good experiment.
    50. Re:Free Lunch by toQDuj · · Score: 1

      Depends. Some movies are successful whilst employing relatively unheard-of actors, others aren't.Similarly, having Tom in there does not automagically guarantee a successful movie.

      --
      Every experiment which ends in a big bang is a good experiment.
    51. Re:Free Lunch by PDAllen · · Score: 1

      Neither the algorithm nor implementations are anymore (released a few years ago).

      So what you're saying is, fine the maths itself is not patented but anyone who types it into a computer need(ed) to buy a licence... in other words, you're splitting hairs. We say one-click shopping is patented as well, even though what we really mean is that any implementation of one-click shopping falls under Amazon's patent.

    52. Re:Free Lunch by Anonymous Coward · · Score: 0

      The worth of what you produce isn't determined by you, it's determined by what others will pay for it. Clearly, what you do isn't nearly as valuable as making movies about comic books superheroes. I'd've thought that would've been obvious to you, had you actually stopped to think about it.

    53. Re:Free Lunch by Locklin · · Score: 1

      If it's about "supply and demand" (aka. free market), why does it require market manipulations (copyright)?

      Why should the government decide who is "replaceable" and who is not?

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    54. Re:Free Lunch by msuarezalvarez · · Score: 1

      There is a difference, and it is not exactly subtle.

      Moreover, you seem to be complaining about "splitting hairs" in a context, namely patents and intellectual property rights, which *is* about splitting hairs.

    55. Re:Free Lunch by Anonymous Coward · · Score: 0

      we wont make the stuff.

      Your choice. We will survive just fine without it.

      enjoy last years stuff kid.

      Why? I neither wanted nor needed that either.

      Do you think your "stuff" is required in order to live a fulfilling life?

      It isn't.

    56. Re:Free Lunch by Anonymous Coward · · Score: 0

      Wrong.

      True! It's actually pretty likely that more people would go and see the movie, if that idiot is not in it.

    57. Re:Free Lunch by MobileTatsu-NJG · · Score: 1

      Right, things don't scientifically happen when you take a risk. Gee, glad we got that cleared up. Meanwhile, people like Eddie Murphy get 10's of millions for working on movies while the other actors get a fraction of that. Meanwhile, I'm still right, and we're not even in the neighborhood of the topic at hand anymore.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    58. Re:Free Lunch by Anonymous Coward · · Score: 0

      did you even read my post?

      Unfortunately, yes.

      Your arguments are getting weaker with each post you make, these days. You don't seriously think throwing references to "communis[mt]" around is in any way going to strengthen your point, do you? Hint: It didn't. It doesn't. It will not.

    59. Re:Free Lunch by MobileTatsu-NJG · · Score: 1

      They don't pay actors tens of millions to be not-Cruise.

      Any more logic fail?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  8. Hoping their go-to mantra holds out by rudeboy1 · · Score: 4, Insightful

    As I understand it, TPB has long held that the website does not contain any copyrighted material, and that they don't distribute any copyrighted material. I guess what I'm getting is that the prosecution is trying to prove that pointing out the location of copyrighted material is a crime.

    Given that corporate greed is a constant, (as evidenced by the US banks, who hoarde bailout money and spend it on sports stadium naming rights in the face of imminent economic collapse) I see this snowballing to the point where companies that manufacture software, like BitTorrent and Azureus will soon come under fire. They tried this with the gun industry, and have had mixed results for years. I think it's rediculous that you should be held accountable for someone potentially doing something illegal with the software you designed in good faith, and under the allowance of current law. It's an erosion of rights thorugh corporate lobbying that leads to this sort of behavior. As others have stated, artists won't see any extra income if bittorrent traffic in its entirety (not at stake in this trial, I know) comes to a halt. In fact,there is a good chance, I think, that the media companies pushing this witch hunt will find that even if they were somehow successful in completely ceasing all P2P trading of their content, they would not see any increase in revenue. To the contrary, the large population of people that hear about an artist via the medium will no longer have access to this method, and the proliferation of new music will slow down considerably, fueled only by expensive promoting methods. If the media companies want their 1970's revenues back, so be it. But I think they're also looking at 1970's revenue minus the adjustment for inflation.

    --
    Raging in an online forum won't do anything for the world around you. To see change, you must take action.
    1. Re:Hoping their go-to mantra holds out by Cillian · · Score: 0

      I love TPB as much as the next guy, but to be fair, they aren't just pointing out the location, they are to a large extend facilitating the infringement. To give a classic poor analogy, they aren't just telling you where the drug dealer lives, they are his PA. And, duly, they are getting boned for accessory to copyright infringement, which sounds about right (Though where you draw the line is debatable. By the same merit the people who invented the modern computer are accessories to copyright infringement).

      --
      -- All your booze are belong to us.
    2. Re:Hoping their go-to mantra holds out by Anonymous Coward · · Score: 0

      I don't see Crackberry getting sued for being used to co-ordinate drug traffic, tough. Perhaps you would like to try again with the analogy?

    3. Re:Hoping their go-to mantra holds out by SanityInAnarchy · · Score: 1

      At the same time, what they are really doing here is no different than Freenet -- or Google, for that matter. They are facilitating the transfer of any file you want. Their only crime, I suppose, is not censoring access to copyrighted material -- as they are certainly not the ones posting such material.

      --
      Don't thank God, thank a doctor!
    4. Re:Hoping their go-to mantra holds out by EvilIdler · · Score: 1

      I don't think they can go after the makers of BitTorrent clients, especially since some of the big media companies have deals with some of the makers. Did you know that cars are used to smuggle illegal goods across country borders? Some people - criminals, that is - have cars entirely for the purpose of smuggling!

      Shitty car-analogy quota fulfilled :P

    5. Re:Hoping their go-to mantra holds out by Anonymous Coward · · Score: 0

      And for those people who aren't obtaining illegal services from the person who happens to also be a drug dealer?

      It's more like the observation that a phone company will list the phone number for a drug dealer just like any of their other customers. Should they be sued for "facilitating drug dealing"? Should they be tasked to investigate whether or not any of their potential customers are drug dealers before signing them up?

      You're right that they "are to a large extent facilitating the infringement", but so does a library by loaning books and by having photocopiers in the building. They are pointing people at sources of copyrighted material and effectively saying "It's up to you to determine whether your use is legal or not." There's nothing inherent in the information provided that *IS* infringing. If I use the library catalog to find and then borrow a book to make an illegal copy, is the library in as much trouble as I am?

      I understand your point, and if they want to make the case that most of the activity of others that is facilitated by TPB is ultimately illegal, fine. They're probably right. But A) plenty of activity is still legal (e.g., when Nine Inch Nails released their recent album there), and B) I don't see anything wrong with what TPB is doing itself by providing this service. It's the people abusing it and committing the infringement that should be brought up on charges.

    6. Re:Hoping their go-to mantra holds out by Anonymous Coward · · Score: 0

      I'm with the RIAA and I demand this wall of text be taken down in the name of the DMCA

    7. Re:Hoping their go-to mantra holds out by PDAllen · · Score: 2, Funny

      While probably this is going to end up in some stupidity like lawsuits against torrent software, TPB really doesn't have a leg to stand on. Yes, sure they aren't actually hosting copyrighted material themselves, but they do make money. And they make money by enabling people to breach copyrights.

      Their defence holds up about as well as a pimp coming out with 'But I am not a prostitute! I just show the clients the girl and take some money!'

    8. Re:Hoping their go-to mantra holds out by PitaBred · · Score: 1

      So if you have a popular bulletin board on the wall of your store that happens to be used by a lot of scammers, you should be forced to take it down because illegal things happen on it? Even though the community also does a lot of legal, useful things with it, too? I mean, you are encouraging scamming by allowing them a place to put their fliers.

    9. Re:Hoping their go-to mantra holds out by Anonymous Coward · · Score: 0

      Given that corporate greed is a constant

      well, that is what makes me think twice about PB as well. I've been following the local news (NO not SE) and it turns out PB not only have a business man behind them earning money, but a nazi business man (I don't use the term lightly, this is a right wing extremist convicted of violence against immigrants). Sort of puts the whole battle they are fighting into a tainted light.

    10. Re:Hoping their go-to mantra holds out by plasmacutter · · Score: 1

      I love TPB as much as the next guy, but to be fair, they aren't just pointing out the location, they are to a large extend facilitating the infringement. To give a classic poor analogy, they aren't just telling you where the drug dealer lives, they are his PA. And, duly, they are getting boned for accessory to copyright infringement, which sounds about right (Though where you draw the line is debatable. By the same merit the people who invented the modern computer are accessories to copyright infringement).

      I like car dealers as much as the next guy, but to be fair, they aren't just pointing out the getaway car, they're to a large extent facilitating that flight from (insert crime scene here).

      To give a classic poor analogy, they aren't just telling you where the vehicle is, they're getaway car PA's, talking up the horsepower, mileage, and endurance often required in car chases and long-term flights.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    11. Re:Hoping their go-to mantra holds out by plasmacutter · · Score: 1

      I don't think they can go after the makers of BitTorrent clients, especially since some of the big media companies have deals with some of the makers. Did you know that cars are used to smuggle illegal goods across country borders? Some people - criminals, that is - have cars entirely for the purpose of smuggling!

      Shitty car-analogy quota fulfilled :P

      Ah yes, they don't go after technologies they later "bless".

      Of course if they got what they currently want from the acta treaty they continue to draft in secret with only their lobbyists and perhaps 2 unelected officials from each respective nation bit torrent would have been sued out of existence long before they "made deals"

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    12. Re:Hoping their go-to mantra holds out by mariushm · · Score: 1

      As I understand it, TPB has long held that the website does not contain any copyrighted material, and that they don't distribute any copyrighted material. I guess what I'm getting is that the prosecution is trying to prove that pointing out the location of copyrighted material is a crime.

      I've actually had a long conversation about this at lunch and it really bugs me that there is even this legal concept...

      It is virtually impossible to determine if you're pointing to the location of copyrighted material.

      The Pirate Bay would have to download each torrent in part and check the contents and see if it's actually copyrighted.

      You can't just assume that Madonna.mp3 is a track by Madonna, it could just as well be a podcast about pictures about Madonna for example.

      You can't check everything and see if it's copyrighted or not as there is no database with copyright information anywhere.

      And, even if it were, that podcast with Madonna mentioned a paragraph above could be copyrighted by the upload may have license to distribute it for free, and is willing to provide a copy of the license on request. What to you do, you just remove the stuff because it's copyrighted?

      There are also lots of other examples of how stupid this whole thing is. I'll just give one more example for something that really bugs me.

      Let's think for example of a popular book of Jules Verne that is uploaded on The Pirate Bay.

      From the US point of view it should be removed because it's protected by publishing copyright (75 years since printing or something) but in Spain or France or Russia for example the copyright has expired a long time ago.
      So is it copyright infringement or not? Shouldn't the end user responsible for the decision?

      There are lots of books mentioned on Project Gutenberg that are not yet included in the archive because some countries still have copyrights. It's just ridiculous to have copyrights for books written in 1850's but that's another story.

      Also, should UK people be prosecuted because they download content from The Pirate Bay that is shown on BBC? Should other people from other countries have problems for downloading stuff shown on their local national TV for which they pay a license?

    13. Re:Hoping their go-to mantra holds out by CodeBuster · · Score: 1

      It's an erosion of rights thorugh corporate lobbying that leads to this sort of behavior

      But as you yourself said, the gun control activists blazed the legal trail on this one with their lawsuits against the gun manufacturers. When people are willing to cause damage to the system of laws under which we live, damage which could have wide ranging effects and consequences, merely to win a narrow minded victory in the present then they do all of us a diservice, no matter how noble their cause may seem to some.

  9. Slashdot... by socrplayr813 · · Score: 5, Funny

    It doesn't exactly read correctly, but this being Slashdot, I know I wasn't the only one who read that as "The International Federation of Pornographic Industry (IFPI)."

    --
    The confidence of ignorance will always overcome the indecision of knowledge.
    1. Re:Slashdot... by ptelligence · · Score: 3, Funny

      On Slashdot, you'd be in the majority.

    2. Re:Slashdot... by krystar · · Score: 0

      what u think this is? /b/? ...oh wait..it's not far from. ok so rule 34 applies. cause i'm sure the the REAL International Federation of Pornographic Industry won't be far behind when this trial goes through.

    3. Re:Slashdot... by Maxo-Texas · · Score: 1

      Yes.. that's what I saw first and did a double-take....

      Lol.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  10. this is retarded by Anonymous Coward · · Score: 0

    this is going to set a terrible precedent if they lose.

    This is like saying bob linked to jim's site and jim put up illegal material and bob is guilty for providing access. its just absurd.

  11. Fair reward! by mehrtash · · Score: 2, Insightful

    ... "Stating, For people who make a living out of creativity or in a creative business, there is scarcely anything more important than to have your rights protected by the law. Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV program maker - can choose how their creations are distributed and get fairly rewarded for their work." Hmmm... if the producers are "fairly" rewarded, why do the headquarters of records labels and TV broadcasters drive limos and swim in a pool of dollars, while the content makers -the real artists- usually live a miserable life (I'm not talking about those very well rewarded people who make porno-pop-music for the big guys of course). I hate the way greedy people try to disguise their cruel intentions through giving false credit to the poor.

    1. Re:Fair reward! by Aphoxema · · Score: 1

      Because suffering sells better! They only give the money to the artists who the demographic find more appealing when they have tons of money to spend frivolously.

      I'm just talking out my ass, but it seems to make sense.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  12. Re:Sorry, they do deserve to be prosecuted... by Anonymous Coward · · Score: 1, Informative

    This is about protecting the distributors, not the creators.
    I didn't see any one go to jail when the Sonny Bono Copyright Act was passed. That was one of the largests thefts of "IP" of all time.

  13. All copyright claims are bogus except by microbee · · Score: 0

    those from the International Federation of Pornographic Industry. I know I am guilty!

  14. Re:Sorry, they do deserve to be prosecuted... by techsoldaten · · Score: 1

    Yeah, what he said.

    Free Mickey!

    M

  15. This guy was there by Snaller · · Score: 1

    had his portable in court and twittered http://twitter.com/Falkvinge

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  16. Re:Lock these criminals up for life not 2 years by Vorpix · · Score: 1

    Piracy is not synonymous with theft. Here's a visual aid showing the key distinction.

    --
    frog blast the vent core
  17. Was on CH4 news tonight by DrSkwid · · Score: 0

    Amusingly they posted the strapline for "Gottfrid Svartholm" with ThePirateBay.org underneath.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:Was on CH4 news tonight by MrEricSir · · Score: 2, Funny

      You just posted a link to a website that links to pirated content.

      You are under arrest.

      --
      There's no -1 for "I don't get it."
  18. Re:Sorry, they do deserve to be prosecuted... by MobileTatsu-NJG · · Score: 1

    It has been particularly harmful in distributing copyrighted works prior to their official release. This damages sales of music at the most important time of their life cycle.

    Okay, let's see the proof of this. Produce numbers, please.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  19. Bad analogy by tepples · · Score: 1

    Many Slashdotters are programmers, engineers, etc. Isn't our work creative? How come we don;t get a lifetime +90 years gravy train?

    They're called patents.

    Bad analogy. The patent term is five times shorter than the copyright term, and unlike with copyrights, there is no history of repeated legislative extension of the terms of subsisting patents.

  20. Goddamn INFRINGERS !! by Anonymous Coward · · Score: 0, Funny

    If it's anything I can't stand, it's those goddamn infringers !! I see them every FUCKING day !! Let's all find these infringers and send them off to the porky park gulash !!

  21. Money better spent by Anonymous Coward · · Score: 0

    All I have to say on topics such as this is that the amount of money, time, and effort spent fighting piracy could be put toward more productive means. (i.e. feeding the hungry and all that stuff that people actually need.) Tell me that super-star, big-name artists need my $20 for a CD that cost the producers $.02 to cut... I understand on the smaller scale - the band that plays at the local bar, the up-and-coming features, that sort of thing, sure I'll support If they're good.

    Once people finally allow themselves to realize that piracy is here to stay, regardless of legality and moral issues, then they'll come up with more creative ways to distribute and entertain. Anything electronic is accessible, despite the great lengths that are taken to safeguard it. Come to my area - or anywhere within a 3-hour radius and I'll gladly support you by coming to a concert, buying a $6 beer and a t-shirt/cd/poster whatever I can.

    Piratebay.org and sister-sites aren't going anywhere...

    sorry all

    1. Re:Money better spent by Falconhell · · Score: 1

      We had a discussion program on TV about his subject recently.

      Most striking were the words of a teeneager. His perspective was he was happy to pay for the work of up and coming artists, but was not going to pay for more bling for some multi millionaire rapper-he got a round of applause.

  22. This should never be a crime by macemoneta · · Score: 4, Insightful

    The Pirate Bay does nothing more than a phone book does. That is, it provides a reference or index entry to an actual object.

    If what the Pirate Bay does is illegal, then phone book publishers should be prosecuted for listing felons and scams. After all, by this flawed thinking, the listing of the contact information facilitates the felonies and scams of the individuals represented by the entry.

    This is obviously nonsensical. Why do people lose their critical reasoning ability so easily?

    --

    Can You Say Linux? I Knew That You Could.

    1. Re:This should never be a crime by AdmiralXyz · · Score: 2, Insightful

      If the phone book published the contact information of businesses they knew damn well were scams, and then profited from that, then yes, they should be prosecuted. Try for some critical reasoning of your own.

      --
      Dislike the Electoral College? Lobby your state to join the National Popular Vote Interstate Compact.
    2. Re:This should never be a crime by vux984 · · Score: 4, Insightful

      The Pirate Bay does nothing more than a phone book does. That is, it provides a reference or index entry to an actual object.

      What kind of phone book? A white pages? I can't search for plumbers, drug dealers or assassins in a phone book. If I know the specfic name of a person who offerse that service sure I can look him up, but there is no evidence that I can get assassin services from a given listing in the white pages.

      Now the yellow pages, sure that's neatly organized into categories. And I can search for plumbers in one. However drug dealers and assassin's aren't listed. What if they were? Would the yellow pages be charged in connection to contributing to drug dealing or murder for hire, but selling the service of linking you to those people? I suspect they would be.

      Would they be convicted? Hard to say... especially if it were completely automated online and all listings were self published by end users, and the phone book really exercised zero control over what was listed...

    3. Re:This should never be a crime by PDAllen · · Score: 1

      If a phone book publisher lists a business which they know to be a scam they can be done for accessory to wire fraud (doubt it would happen though). The dividing line is pretty simple: if you are doing something which you could reasonably believe is not facilitating crime (e.g. six months ago publishing a phone book listing Bernard Madoff's investment business) then you are not culpable.

      If it is clear that you know that you are publishing something which facilitates illegal activities, particularly if you are making money from it, you are likely to get in trouble. If a drug dealer pays you to make him flyers advertising his coke, don't take the money.

      You might remember that Bram Cohen had a search facility running at bittorrent.org at one point - which did list some stuff that turned out to be copyrighted; but he would remove stuff when this was pointed out (similar to YouTube). He gave up because this was too much work and removed the feature - but he was not prosecuted for it. Because he did not know there was illegal content available until he was told, and when he was told he removed the links. Even though in the time between something appearing on the search and someone asking him to remove it, quite a lot of people had downloaded stuff they weren't legally allowed to.

      The Pirate Bay, by contrast, hasn't removed anything, and they have been told... They really can't claim they have been doing anything but deliberately helping people break the law, and they were making at least some money from it.

    4. Re:This should never be a crime by PitaBred · · Score: 1

      They don't moderate the listings. Forget the phone book... TPB is more like a bulletin board in the town square that anyone can put fliers on. If lots of people use it to learn about furniture for sale and lost puppies, but there are a lot of scammy "Work from home for CEO pay!" ads, does that mean the board should be taken down?

      They aren't proactive about taking down torrents because face it... the law is different in different countries, so there's no solid way of knowing whose rights you are trampling on by taking things down, so they just don't do it at all. If the media companies don't like it, they should provide a better product than TPB does. It's not hard... they own the originals, they have fucktons of money, and there's also the "non-seedy" aspect of them distributing it. The problem is that they have their heads so far up their asses that they think that society owes them something.

    5. Re:This should never be a crime by Anonymous Coward · · Score: 0

      The one thing that all of these arguments fail to take into consideration is intent. I think most reasonable people would say that the phone book listings are not intended to facilitate criminal activity. I don't think most reasonable people would say the same of The Pirate Bay.

    6. Re:This should never be a crime by sirroc · · Score: 1

      What of those big full page ads in the yellow pages? They don't give those away for free. I don't think phone book companies deeply screen their entries.

      I do like the phone book analogy.

    7. Re:This should never be a crime by Anonymous Coward · · Score: 0

      Google helped me score weed online. Google's obviously tied to the drug dealers. We'll take Google down, and the drug problem will be fixed.

    8. Re:This should never be a crime by f0rk · · Score: 1

      It's this kind of pseudo-interpretation of the law that kills any kind of validity in your arguments about anything related to this matter. It's not about what there doing, it's about what there NOT doing. One of the reasons they are being prosecuted is the fact that they are NOT filtering out illegal torrents (ohh sorry, the torrent file is legal, but the content it's pointing at is not). They go as far as giving you tools to make this easier, like categories and stuff. Sure there can be legal movies, games, pc apps, console stuff and so on and so forth. But now we're back at the filtering again, they do NOT filter out the illegal torrents (lets just call em' that). The fact that they portray the site as a piracy torrent index by, for instance, giving the finger to any one who tries to reason with them, are not helping them.

    9. Re:This should never be a crime by nEoN+nOoDlE · · Score: 1

      Why do people lose their critical reasoning ability so easily?

      I don't know, but you seem to have done it fairly readily. Comparing the Pirate Bay to a phone book is one of the most nonsensical arguments I've ever heard about the topic. A phone book is a list of all the registered numbers in the phone company's database. There is no agenda behind publishing this list. The Pirate Bay is not a database of every torrent published on the internet. The equivalent of that would be Google. The Pirate Bay is made with the explicit agenda that copyright in any form is wrong, and they will do whatever it is in their power to stop it. In the case of the Pirate Bay, it's publishing links so that users can infringe on copyrights. They don't host the infringing material, they just link to it, but it's the most obvious thing in the world to see that The Pirate Bay is not equivalent to a phone book. In order to even make your analogy slightly accurate, you would have to publish a phone book where only drug dealers can list their phone number.

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    10. Re:This should never be a crime by mlwmohawk · · Score: 1

      What kind of phone book? A white pages? I can't search for plumbers, drug dealers or assassins in a phone book

      Yellow Pages:

      Plumbers: Under Plumbers
      Drug Dealers: See physicians
      Assassins: See police.

    11. Re:This should never be a crime by Bushwuly · · Score: 1

      How about "massage parlors"?

      --
      Get over yourself.
    12. Re:This should never be a crime by Anonymous Coward · · Score: 0

      Try looking up "escort service" in the Yellow Pages sometime.

    13. Re:This should never be a crime by Anonymous Coward · · Score: 0

      "However drug dealers and assassin's aren't listed. What if they were?"

      I don't know about the country where you are, but here prostitution is illegal. Yet they're in the Yellow Pages as "Escort Services" and "Massage Parlors". Everybody knows that, including, no doubt, the phone companies.

      Why is it allowed? Perhaps it's the fact that it is possible to get a massage and be escorted without anything illegal actually going on. Likewise for copying of works by P2P networks over the internet -- it isn't necessarily an illegal activity (unlike assassination). Artists put their own stuff on TPB so it can be downloaded by others, for example.

      "Would they be convicted? Hard to say... especially if it were completely automated online and all listings were self published by end users, and the phone book really exercised zero control over what was listed..."

      Exactly. What use the index is put to is not TPB's fault.

    14. Re:This should never be a crime by vux984 · · Score: 1

      How about "massage parlors"?

      There is nothing illegal about massage.

      Granted some parlors are a front for a brothel, but that's beside the point.

      I mean there are plumbers, electricians, and contractors listed there that are shitty and won't build or fix to code... surely we can't hold the yellow pages responsible.

    15. Re:This should never be a crime by Anonymous Coward · · Score: 0

      Has a yellow pages producing company ever been sued for the "escort services" listing?

    16. Re:This should never be a crime by Anonymous Coward · · Score: 0

      ok lets rephrase this wole ting a little.

      pirate bay does nothing more than google does at the end result...if not to the same extent with some automation.

      eg. google - scrubs filetype:torrent Tada google is in breach of the same hosting issue.

      however you argue it the original argument is still somewhat an ethical one...i remember a movie a while back on tv from the early years say 50s at a guess but they were working on a case about a guy who wrote a book on how to kill someone and then someone actually did what was in the book to the letter.

      Is it illegal to instruct someone on how to kill someone? The technical answer is No because the knoledge can be used in multiple ways however if the sole reason for the article is to get someone to kill then it is...

      ie a person reads the book on common ways to kill people and then makes a protective device for it is not sole use however

      a guy writting a letter to someone stating that XX person could be killed by XX at XX time using XX and you would get away with it is accessory to murder.

      in pirate terms is The pirate bay any different to google or anyone linking to anothers site directly to any file?

      You still agree to the licences in most software situations so it can only be Music and Video they are chasing.

      In my view all copyright is ridiculous. Patents are ok to some extent however........

      real world situations have always been in place, recordloaning, Taping, VCRs, Book swapping and a many other things...probably illegal but ignored unless sold for profit. so considering the precidents and that TPB is non profit hosting with ad revenue and the ads are not for pirate materials they should be completely OK.

      If this case goes against the TPB then i expect that alot of appeals, additional courtcases with other parties.

      The only thing that may get them is the holding of .torrent files themselves however if it is automated and they can show a large amount of legal torrents also they could get a similar issue to kazaa where they are asked to filter copyrighted material. This would obviously cause some issue but then the riaa get stuck with naming all thier stuff in copyright on the website in the same way as they had to with kazaa.

      If this goes along those paths then they simply host torrent files off another server in spain.

    17. Re:This should never be a crime by Anonymous Coward · · Score: 0

      T especially if it were completely automated online and all listings were self published by end users, and the phone book really exercised zero control over what was listed...

      Your kinda talking about Craigslist now!

    18. Re:This should never be a crime by sasha328 · · Score: 1

      A more apt description is that the Piratebay (BTW the name itself lends them to be suspicious) is that they are more like a phonebook or yellowpages for a stolen goods stores. they don't hold the goods, they just point you in that direction!

    19. Re:This should never be a crime by shutdown+-p+now · · Score: 2

      However drug dealers and assassin's aren't listed. What if they were?

      Actually, this apt analogy can be extended even further - what if the book consisted mostly of the listings of drug dealers and hitmen, and was titled "Who's Who in the Criminal Underworld"?

    20. Re:This should never be a crime by gbarules2999 · · Score: 1

      They know that some are scams, and some are legit, just like a phone book.

    21. Re:This should never be a crime by syousef · · Score: 1

      If what the Pirate Bay does is illegal, then phone book publishers should be prosecuted for listing felons and scams. After all, by this flawed thinking, the listing of the contact information facilitates the felonies and scams of the individuals represented by the entry.

      Are you really so naive you don't think there are laws against phone books listing criminals by their criminal profession and advertising their services? Or are you just posting this for the karma?

      I can just picture the phone book now:
      Need your wife offed? Call 555-NO-WIFE
      Drugs Dealer. Open 24 hours. 555-DRUGGIE

      --
      These posts express my own personal views, not those of my employer
    22. Re:This should never be a crime by Anonymous Coward · · Score: 0

      The yellow pages list prostitutes. They have yet to be prosecuted for that.

    23. Re:This should never be a crime by kLaNk · · Score: 1

      I can't search for plumbers, drug dealers or assassins in a phone book.

      I can find prostitutes in my local newspaper ("escort services") pretty easily. I'm sure there is more than one listing in the classifieds that is stolen property too.

      Shall we go after our local newspapers now?

    24. Re:This should never be a crime by Anonymous Coward · · Score: 0

      They list seedy massage parlors in the Yellow Pages; Happy Endings anyone? (or worse)
      They list fly by night [insert trade/service here] scam artists.
      Hell, they even give whole pages to ambulance chasers.

      The first two are investigated and prosecuted by the authorities on a regular basis. I challenge you to find a case where the yellow pages were used to connect the two parties and resulted in successful prosecution of the Yellow Pages' owners for contributing to the crime.

  23. Re:Sorry, they do deserve to be prosecuted... by BlueStrat · · Score: 5, Insightful

    The Pirate Bay hurts creators of many different kinds of works, from music to film, from books to TV.

    Actually, I *am* a musician in a band, and I've put our original recordings up on TPB. Recordings have become a promotional tool, not a main means of income. It doesn't matter what anyone's opinion regarding it is, it's the reality that computers, digital technology, and the internet has brought into existence. Unless governments all over the world decide simultaneously to unplug all the networks, confiscate all the PCs, and remove all rights and all privacy for normal citizens, this will continue to be the case.

    Attempting to use legal means to change this is akin to passing laws against gravity, and both will enjoy equal success.

    Cheers!

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  24. Purpose of copyright by GodWasAnAlien · · Score: 4, Interesting

    IFPI says:
    "Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV program maker - can choose how their creations are distributed and get fairly rewarded for their work."

    This is false.

    Copyright exists (from a US Constitution perspective) "to promote the progress of science and useful arts".

    Individual financial compensation is not the purpose. Promoting science and art for the good of the public was the purpose.
    Of course, we are now closer to the medieval Stationers publishing monopoly than we are the intent of copyright.
    A 95 year publishing retirement package was not the intent of the Constitution.

    1. Re:Purpose of copyright by JesseMcDonald · · Score: 1

      Promoting science and art for the good of the public was the purpose.

      You have to remember that this was written several hundred years ago. "Science" is education, study, learning; "useful arts" refers to technology and innovation. Not "science and art" in modern terms.

      In particular, it's rather a stretch to claim that most modern "art" (by which I mean entertainment with little or no educational value) qualifies for copyright at all.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    2. Re:Purpose of copyright by Anonymous Coward · · Score: 0

      Copyright being to "choose how your creations are distributed" I think is a ridiculous demand in the digital age. This may have made some sense when it took actual effort to make copies, but it no longer does. Forced scarcity and lack of choice is about extracting money, not creating value.

      Getting fairly rewarded for your work, I can agree with that, and I think doing that is a real challenge. These don't need to be mutually exclusive. If prices are fair for both the consumer and the artist more will pay. But big content continues to either drag its feel or just refuse to give people what they want, and so people will continue to work around the system until the system is made to work for everyone.

    3. Re:Purpose of copyright by zokier · · Score: 1

      This may come as shock to you, but US of A is not the world, nor does US Constitution apply outside US.

      Especially when spokesman of an International Federation comments on trial in Sweden.

  25. Today, The Pirate Bay. Tomorrow, Google. by mmell · · Score: 3, Interesting
    Say, I wonder if MicroSoft has heard about this? I mean, Google's just chock full of links to warez sites, torrent trackers, websites illegally posting copyrighted materials, etc. This could be MicroSoft's big chance to knock Google out, once and for all.

    Start.

  26. Villains! Let them burn! by moogsynth · · Score: 2, Funny

    They're stealing valuable ip, non-random ones and zeros, and all sorts of other stuff. Stop it, please. We only have infinity of them left :(

  27. Why just one site? by Anonymous Coward · · Score: 0

    Since when does has The Pirate Bay ever mad any money? The only thing TPB actually sells is t-shirts. Like what has been said before, TPB is simply like a phone book. If you want to punish one website like this they should be suing all sites, including Google. Google allows you to search for torrents and also to search for servers that have music files.

    1. Re:Why just one site? by RPoet · · Score: 1

      The Pirate Bay makes crazy money on ads. However, running such a major site costs crazy money, and they say they now barely break even.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
  28. Smart guy. Or not. by oh2 · · Score: 2, Insightful
    "Det Ãr viktigt att svenska staten har vÃckt det har Ã¥talet fÃr att slÃ¥ fast att det inte Ãr okej att bedriva en kommersiell verksamhet pÃ¥ andra mÃnniskors kreativitet."

    "It is important that the swedish state has taken this step to make sure that its not OK to profit from others peoples creativity" (My translation)

    The quote is from a spokesman for the swedish anti-piracy bureau, a privately funded entity ( read record labels, microsoft and the movie companies) that is a major player in the Pirate bay trial. The funny bit is that his own benefactors are doing exactly what he wants the trial to stop....

    --

    Now the world has gone to bed, Darkness won't engulf my head, I can see by infra-red, How I hate the night.

  29. Re:Sorry, they do deserve to be prosecuted... by Fallingcow · · Score: 1

    Seriously. We can start talking about helping these organizations when copyright terms get back to something reasonable--I'd like 14 years like it was originally (in the US, at least), but I'd take the 28 it was extended to.

    Until then, fark 'em. They're the criminals. Modern popular art and media is vastly poorer than it should be thanks to the efforts of these organizations.

  30. What about the advertisers? by haeger · · Score: 1

    The operators of The Pirate Bay have violated those rights and, as the evidence in Court will show, they did so to make substantial revenues for themselves.

    I know I've mentioned this before but isn't advertisers equally culpable? If they put ads on a page that is known to be dealing in copyrighted content, they do support the owners of that page. They make money from guys who commit crimes. Would it be OK for Hertz to rent a car to robberers if they knew that the car was going to be used in a heist? Can I loan money to someone who'll use this to buy a gun and go out and rob people to pay me back with interest?

    I'm quite sure TPB couldn't continue their operation if they had to pay for it from their own pockets so the advertisers are the ones that allow them to operate. Financing a criminal activity is also a crime, or isn't it?

    Just in case someone should mention that TPB isn't doing anything illegal I'd just like point to any of the warez/crack/serial pages out there that does have a lot of traffic and a lot of advertisers. Why not go after them? Follow the money.

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  31. Re:Lock these criminals up for life not 2 years by jitterman · · Score: 1

    Read the GP - "stealing the compensation of the...artists." His/her point isn't that goods are being taken; your reply therefore did not address the GP's statement.

    --
    For conscience is the wound, and there's naught to staunch it
  32. More convenient... by Joce640k · · Score: 1

    Yep. This is a major part of it.

    Yes, there's some people who wouldn't pay but they won't pay no matter what you do. The media giants should just forget about them and stop tarring the potential customers with the same brush.

    There's tons of people who get TV programs off the 'net because it's more convenient and/or better quality (no adverts or DRM). In short, The Pirate Bay provides BETTER SERVICE.

    --
    No sig today...
  33. Re:owed a living? by Migraineman · · Score: 4, Interesting

    Also, I don't think that most artists could live off of 10 cents a song ...

    Okay, I gotta ask - exactly why do artists think they're owed a living? If you choose to make acting/singing/performing your way of life, more power to you. It's up to you to make that happen, however. Personally, I'd love to be a professional beach-bum. "Pursuit of Happiness" in the Constitution isn't "Guarantee of Happiness." I have a day job that pays the bills, and I spend whatever "extra" time I have on things I *want* to do. If I want to be a musician, why would I deserve a public subsidy? (that's basically what Copyright has turned into.) May I become a professional snowboarder by copyrighting my Amazing Shredz? May I sue other boarders for copying my Custom Faceplant Ollie? Why not?

  34. Why copy? Because we can! by migla · · Score: 1

    I do hope not too many movie studio executives and the like will starve, but we are now capable of enriching our lives with varied and abundant culture and knowledge. We have the power to make everyone in the world (with access to the net) a little happier and wiser! Humanity would be crazy not to copy it's collective ass off, IMO.
    Ok, so some people who are just into the arts for the money would stop doing what they used to do. Good riddance.
    If there was no other way to get an epic movie about frogs, or whatever, I'm sure people who want it would come together and finance it up front. Today it's all ready the consumers who pay for all the movies and music being made. We just pay after the fact, and we line the pockets of the now obsolete middlemen too.

    --
    Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
  35. Nobody gets it... by Terrorwrist · · Score: 0

    Piratebay is not a FILE STORAGE SITE. They do not store files in there servers. "It's a website that indexes and tracks BitTorrent (.torrent) files.". See?? Where does it say storage? I do not see it. The ones who need to appear in court against all the companies are those who downloaded (clients) the software and stuff. You can't just say piratebay does store files on there servers and have them appear court, it doesn't make quite sense. Bit torrent is NOT like all clients are accessing to one computer to download files. Its when each client connects to a client and keeps on going until that client has the file. So, why would one just make piratebay the victim? There is a huge difference between storing files on a server and indexing files on your server. Those companies can stick a jolly roger flag up there ass apologize for raiding the PB's servers

  36. How to stop Pirate bay by Anonymous Coward · · Score: 0

    Media outlets:

    (1) Create a site where your content has some sort of flash "demo" youtube-esque ad-supported site. I would totally surf to an album page and play it like internet radio with commercials.

    (2) Hulu has an excellent model for watching movies on line.

    (3) Let me buy MP3s with no DRM crap for $0.25 a piece.

    (4) let me download movies in DRM-free MP4 format for $1.99 each. Maybe $2.99 for HD.

    (5) Let me download movies special features in DRM-free MP4 for $0.99 each.

    (6) MAKE IT EASY TO ENJOY MY PURCHASE! Don't piss me off with DRM. Let ME choose the app to use. Different applications work better with different systems. It should be my choice.

    (7) Use public open source codecs, don't make me have to a sucky program. See #6

    (8) Make it easy for me so I feel I'm doing business with someone I can appreciate. I'll be less pissed off at you and more protective of your content.

    I am willing to pay for what I use, but I'm not going to pay good money for crap. If I can say, "dude! get your own, its like 2 bucks!" Then you'll have no piracy.

  37. Arrg... preview fail. by gknoy · · Score: 1

    ... please mod the parent post down. What I meant to say was:

    The Pirate Bay is about theft, plain and simple. It may be true that the monetary losses are not nearly what the record companies claim, and it may be true that the media conglomerates are really out for money for themselves rather than to support the starving artists, but the propaganda is propaganda on both sides.

    s/theft/copyright infringement/;

    It seems pedantic, but it's true. Yes, media "pirates" want something-for-nothing, and yes they're cheating. But it's not theft. Many acquire or sample music which they would not normally pay money for -- and thus it's not even fair to claim it's a lost sale. I am not at all saying it's morally acceptible, just that it's not theft. If I download an album or a movie, that doesn't prevent anyone else from making a purchase.

  38. You're fishing! by Anonymous Coward · · Score: 0

    I see your point, but do you really think that this rationalization can remotely apply to the top 100 torrents on TPB?

    Aren't those movies still in or fresh out of the theater?

    I also understand the pricing and convenience thing.

    I guess each pirate rationalizes their piracy differently, or just jumps on someone else's "rationalized bandwagon that sounds like it makes sense".

    It won't go away. Piracy is snowballing now where it will only increase, since this dressed-up 20th century business model must be protected and refuses to modernize itself (or its prices). That's how I see it.

    Two more cents in the ocean.

    1. Re:You're fishing! by v1z · · Score: 1

      Oh, I don't know. According to
      http://thepiratebay.org/top/201 (top 100 movies)
      69 appear to be dvd rips, and a total of 85 are dvd rips OR screener rips.

      24 appear to be from 2009, while 61 are from 2008 -- at least 1 half months old.

      So, no most of the top 100 films are not "fresh out of the theater".

      Maybe you shouldn't just make up facts that can be *easily* checked ?

  39. Pirate Party Google techtalk by tsvk · · Score: 3, Informative

    Everyone interested in computer-age digital rights should see the Swedish Pirate Party's founder Rick Falkvinge's presentation "Copyright regime vs. civil liberties". Good stuff.

    http://www.youtube.com/watch?v=08gfh_6sbQI

  40. Again, Strawman for the Symptom by Sparton · · Score: 1

    Okay, I gotta ask - exactly why do artists think they're owed a living?

    As a society, I think we can mostly agree that we should compensate people for entertaining us, especially if they are proficient in their craft. Allowing entertainers to make a living isn't a right, but I'd prefer for those who want to make a living out of it to be able to do so if they're good enough. If their ability to survive off of their trade alone is reduced to only being possible as a side hobby, it lessens the amount of great works that can be achieved, as less time can be put into it and still live.

    1. Re:Again, Strawman for the Symptom by malkavian · · Score: 3, Informative

      Tour. There are many many musicians who make a pretty good living just by doing the live circuit.
      It's only in the last few decades that there's been a huge disconnect, and you get bands that expect to live by a few days in a recording studio..
      Even with a bootleg, you just can't beat a live gig.

    2. Re:Again, Strawman for the Symptom by Mybrid · · Score: 4, Insightful

      If you look at most great literature the writing was not done to make piles of money.

      In fact, I think it is interesting to note that while music and video are subject to much pirating, books have remained relatively pirate proof.

      How many artists historically are not "discovered" until long after they are dead? History is full with artists who died paupers only to be discovered later.

      I'd actually make the counter argument. I believe copyright is tyranny. It encourages owners of the copyrighted material to wring every last cent out of existing owned property and ignore new and emerging artist. Bands such as the Beatles would never happen today because the record companies only want to pay a solo artist, such as Britney Spears. Lastly and sadly, proof that copyright is tyranny is evident in the top grossing touring bands each year over the last 30 years. Rarely is it a new band, most generally top grossing touring bands are from the 1960s, 70s and 80s. That's because the record companies make piles of money promoting artists who have deep catalogs replete with greatest hits albums. Copyright law as it exists today in the US is tyranny of the worst kind, handicapping the youth. I have a brother who records. He can't even get a local radio station to talk with him because they are locked into only playing copyrighted material pre-approved by the big media conglomerates.

      We are not free because of copyright laws today, we are imprisoned.

    3. Re:Again, Strawman for the Symptom by Logic+and+Reason · · Score: 1

      In fact, I think it is interesting to note that while music and video are subject to much pirating, books have remained relatively pirate proof.

      That's probably just because reading books on a computer screen sucks. Once e-book readers become common, you'll see a lot more book piracy.

    4. Re:Again, Strawman for the Symptom by vux984 · · Score: 1

      As a society, I think we can mostly agree that we should compensate people for entertaining us, especially if they are proficient in their craft.

      This goes for an actor in a play too. After putting on a show, he gets paid. When he wakes up the next day, he has to put on another show if he wants to get paid again.

      When a painter paints he sells the painting and gets paid. If he wants another cheque, he paints another painting.

      Allowing entertainers to make a living isn't a right, but I'd prefer for those who want to make a living out of it to be able to do so if they're good enough.

      If they are good enough, they don't need copyright protection. People will pay to see them, pay for their merchandise, pay for an official pressed CD... whatever.

    5. Re:Again, Strawman for the Symptom by mishehu · · Score: 1

      Yeah, I want to compensate somebody in a *reasonable* manner. Copyright has become the new way of perpetuating a royal class. Why should it be that if I write a great book, a classic even, and then my children and grandchildren can collect free money long after I'm gone. I'm sorry, but what did those brats and their brats do for society that they deserve this? On a similar note, what's the b.s. with Disney? Again, copyright should be shortened to a reasonable amount of time. They can still assert trademark on the characters, but at least the individual works will be able to go back into the public domain. Isn't that basically what has recently happened with the first Popeye cartoons? (albeit still too long since their original publication)

      However, nobody, and I mean *nobody* has a guaranteed right of income. And I've constantly heard "if we don't pay people they won't make great works". I'm sure that the cavemen painting the walls of the caves were professionally hired artists, instead of somebody feeling the need to create on his free time. Art always is created whether or not there is financial gain. In fact, I would argue that art that was created for art's sake without regard for financial gain is more truly art.

    6. Re:Again, Strawman for the Symptom by Anonymous Coward · · Score: 0

      What about programmers and movie makers? Some of us simply can't do a live gig. Your solution isn't ubiquitous.

      Video games could go on a subscription model, but that doesn't work many types of games, and advertising ruins games and microtransactions don't always fit either.

      Neither copyright nor free reign is good for society, users should be able to use the best tools and enjoy the best media that mankind has to offer and creators should be encouraged to always up the stakes.

    7. Re:Again, Strawman for the Symptom by Anonymous Coward · · Score: 0

      As a society, I think we can mostly agree that we should compensate people for entertaining us, especially if they are proficient in their craft

      Sure. For the entire time they spend on stage. Including setting up their gear. Maybe include the time they spend driving back and forth too - but then the rest of us should get paid for our commute too.

    8. Re:Again, Strawman for the Symptom by meringuoid · · Score: 1
      Bands such as the Beatles would never happen today because the record companies only want to pay a solo artist, such as Britney Spears.

      * flips through the NME *

      Four white guys with guitars and drums... four more white guys with guitars and drums... another Caucasian quartet based around percussion and strings... hey, wow, I haven't heard of these guys before, they're an indie band consisting of four white guys with guitars and drums!

      --
      Real Daleks don't climb stairs - they level the building.
    9. Re:Again, Strawman for the Symptom by Anonymous Coward · · Score: 0

      That's just because "relatively" few people read books.

    10. Re:Again, Strawman for the Symptom by Anonymous Coward · · Score: 0

      As open source demonstrates, free reign IS, in fact, good for society. Programmers are encouraged to program as a hobby, since the value of their labor is obviously nonexistent, and proprietary code is rapidly disappearing.

      Your understanding of programming is roughly proportional to your understanding of everything. I would encourage you to sell something people are willing to pay for, if you wish to profit.

  41. A counter argument to the cries of 'Theft!' by spun · · Score: 5, Informative

    Copyrighted or patented works are not property, as they behave very differently from real property. We do not prosecute copyright infringement for the same reasons we prosecute theft. Put another way, we do not protect intellectual works for the same reason we protect property. Theft and vandalism are similar, they are harm to property. Copyright or patent infringement are not harm to property.

    Why do we protect intellectual works? Is it because the creator has some moral right to the work? No. The creator of an intellectual work has NO innate rights to a monopoly on that work. In fact, in order for them to have such a monopoly which isn't an innate right, each of us must give up an innate right, that is the right or ability we all naturally have to sense our environment and reproduce what we sense.

    We protect intellectual works in order to encourage their creators to share them. That is the only reason outlined in the Constitution. Intellectual works are not property, therefore they can not be stolen.

    It is far easier to conflate vandalism with theft than it is to conflate piracy with theft. With vandalism, the person actually suffers a tangible loss. Yet we do not think to call vandalism theft. Why should we call piracy theft?

    You can argue whether it is wrong or right without even bringing theft into the picture, so why do so? Why the campaign to relabel intellectual works as intellectual property? Propaganda, pure and simple. The *IAA and other players in the IP game don't want us to discuss the right and wrong of the actual situation. They want us to consider intellectual works as property, and infringement as theft because we are all familiar with those terms and believe theft to be wrong.

    I'm not saying infringement is morally right, I'm just saying that the interested parties are trying to bend language in order to curtail any discussion of whether it is or not. You could have backed up your assertions that infringement is wrong without even using the words 'theft' or 'stealing.' Instead, your self righteous and angry blather discredits your own cause.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:A counter argument to the cries of 'Theft!' by PDAllen · · Score: 1

      There are three different, related, crimes.

      Vandalism is when you destroy someone else's property (so they can't use it any more) but you don't profit.
      Theft is when you both take someone else's property and then profit (either by selling it on or using it).
      Piracy (in the Pirate Bay sense) is when you copy illegally someone else's work; although no-one loses the work, there is a person who should have the sole right to create copies (the copyright holder) who has presumably worked or paid for that right, and whose right is now of diminished value since people are getting copies illicitly.

      Since we already have this perfectly good word 'piracy', I don't see why 'theft' has to come in (it's not theft).

      On a related issue: why is it that copyright has gone to 90 years? This is completely ridiculous: the point of copyright is to ensure that the creator of a beautiful work of art can profit from it (because otherwise the talented artist will get a boring salaried job from which they can profit and the world will lose out). But the artist should not expect more protection than the inventor whose patent expires much earlier. 20 years is surely long enough, maybe even 10. Also I would be very much in favour of an openness clause: i.e. if you hold either a patent or copyright and you do not make the work available at a reasonable price (and I would be very generous with 'reasonable price' - like 50p/page is OK for a book if someone asks for a one-off copy within the copyright period, and similarly for tunes/movies/patent rights) then you forfeit protection.

    2. Re:A counter argument to the cries of 'Theft!' by MMC+Monster · · Score: 1

      Besides, if they were property, where is the tax on that property?

      --
      Help! I'm a slashdot refugee.
    3. Re:A counter argument to the cries of 'Theft!' by thebigbadme · · Score: 1

      and Theft (in the Pirate Bay sense) is when you make a copy, in violation of provisional contract law, of an article for which you have not provided compensation to the rights executor as per means agreeable to all involved parties.

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    4. Re:A counter argument to the cries of 'Theft!' by PDAllen · · Score: 1

      If it is theft then why the private prosecutions? Thieves are prosecuted by the authorities not the victim.

      Theft happens when something physical is lost to the victim as well as the thief getting something illegally.

      Piracy (in the TPB sense not the high-seas sense) is when nothing physical is lost, the pirate gets something illegally, and the victim has to sue to recover the lost potential earnings (i.e. the money they should have if the stuff had been bought not pirated). It simply isn't the same thing, not least because it is always pretty easy to put a money value on theft, but much harder to put a money value on piracy.

  42. The point of the thing by nnnich · · Score: 3, Interesting

    is that the corporations running their fancy little money making machine got complacent and lazy after decades of profits from recorded sounds which they nearly had monopolized. I may be modded or flamebait, but honestly think - the radio stations were paid off, they purchase hundreds of thousands of copies of their own albums just to skyrocket it on the charts, the tv hosts were paid off... quite a complex machine just to convince people to buy music - sounds monopol-esque

    but, as stated before my friends, they simply did not *recognize their opportunity* (ask any businessman how to be successul in what you do) and failed to adapt/correctly identify/implement any sort of plan to reach out to people via this new form of media (which was their business after all)

    the riaa/mpaa have a right to be upset, at themselves. they missed the boat - the demand was there, so the internet communities generated a supply.

    FURTHERMORE, I take issue with people who argue that "music is a team of people working in conjunction from the artist to promoters to managers" and blah blah blah. anyone can download a cheap and free wave editing/multitrack software editor and within one year of experimenting make music that rivals these alleged "best sellers" on the radio. People need to get over the hollow celebrity allure of these absolutely meaningless dance/club songs and realize that THEY AREN'T WORTH THAT MUCH IN THE FIRST PLACE. the industry is full of overpaid producers and overpaid promoters, all because 13 year olds go crazy over it... so can we all please just lift the veil of idiocy.

    --
    she was the daughter of a wealthy florentine pogen read em and weep was her adjustable slogan
  43. TPB asks public to Publish as us, in your country! by Ezel · · Score: 1

    On http://trial.thepiratebay.org/2009/02/16/publish-as-us-in-your-country/ the pirate bay crew asks for our (the peoples) help. So get to work! I'm just gonna copy+paste the whole thing since the server is under heavy load:

    ok, internets! Time to start working some for those downloads. We want you to copy and translate our op-editorial to your language and send it to your papers. It was published earlier today in one of Swedens main tabloids.

    This is how: Copy the text below. Get together with a friend or two and bring some nice coffee. Transform our text to your language. Choose your most important newspaper. Call and or email them and tell them you have an op-ed from The Pirate Bay and The Bureau for Piracy that you want published.

    It should be signed with "The Pirate Bay and The Bureau for Piracy via the internets". If they dont believe that you are in fact representing us, refer them to this post. When you succeed please tell us at trial@piratbyran.org

    Read more for the op-ed.
    Here goes text, necessary changes [in brackets]:

    The trial against The Pirate Bay that [starts today] in Stockholm, Sweden are one of the most important issues of our time. Our adversaries basically wants to close down internets and remodel it into something similar of a sodamachine serving entertainment. During the trial, the prosecutor together with a coterie of representatives for a disabled business model will put up a tacky theater by telling stories designed to convince the court that The Pirate Bay infact is a menace to society.

    What differs this trial from most earlier trials is that everything in and surrounding it will whirl round and round in diverse channels of communication; to be discussed, reinterpreted, copied and critizised. Every crack in their appeal will be penetrated by the gaze of thousands upon thousands of eyes on the internets, in all the channels covering the trial. Old cliches from the antipiracy lobby wont stick. You won't be able to say stuff like, "you can't compete with free" or "filesharing is theft" without a thousand voices making fun of you.

    We will create numerous scenes where quite different plays will take place. In local channels like spectrial.bloggy.se where the immediate physical surroundings of the court are being discussed. "Which cafés nearby will give us connection?" "How can we get electricity to the bus?" But also in international channels like Twitter, where right now the torrent of information is being translated into fifteen different languages. Translations and coverage being made by ordinary users of internets. Volunteers sign up to make trial-tourist guides to the surroundings, drive the bus or hook up audio. People fly in from far away countries to cover the trial and tell the world their video story of the Sweden they see.

    Here all participants are potential actors in the Spectrial. Our channels form a meltingpot of reporting and engagement.

    Our communication around the spectacle aims in no way towards an objective report on an external chain of events. Rather, the trial is a hub around which a whole new network of actors is instigated. Neither is the spectacle a question of old media against digital, social medias. Our social medias include a paper fanzine and a 32 year old bus, connecting us and others physically.

    It's not about the protocols nor the technology. It's about using these to create new congregations, where anyone is invited and anyone can find their role, build new scenes and make their own performances.

    The future is built by us. Us who participate in conversations. The future is built by us who explore how information and performativity is coming together. To refuse a debate and still expect to be able to charge consumers is since long a closed door. To also try and outlaw certain types of conversations is downright disgraceful.

    The coverage of the trial is not un

    --
    Prosp long and liver.
  44. Re:Today, The Pirate Bay. Tomorrow, Google. by canajin56 · · Score: 2, Insightful
    --
    ASCII stupid question, get a stupid ANSI
  45. No no no by Anonymous Coward · · Score: 0

    TPB made money, so what? It's their website, if they want ads on it, they can do so. They don't host any files except .torrent files.

    It's like an author suing a library for having one of their books on the shelves or something...

  46. It is all in the name by Anonymous Coward · · Score: 0

    If it was called fluffy kitty torrent tracker instead of pirate bay who would sue them?

  47. Boycott Sony and Warner products by Anonymous Coward · · Score: 0

    - yep, the music and the games.
    Raise a stink, make a campaign and upload videos of messages booing the two companies.
    That'll teach them not to sue.
    And instead spend any money you were going to spend for purchases to donate to the pirate bay spectrial fund.

  48. Re:Sorry, they do deserve to be prosecuted... by relguj9 · · Score: 1

    Well said.

  49. Disorder In The Court by twmcneil · · Score: 1

    Judging from how TPB usually responds to these kinds of accusations I'm reminded of The Three Stooges and Disorder In The Court. Moe: "Your Honor, these gentlemen are sue-perstitious."

    --
    "The ferrets, they're every where I tell you!"
  50. Has anyone noticed this side affect? by Dallas+Caley · · Score: 1

    Having been involved in the music industry for many years, and watching first hand from the inside as major retailers like Tower Records have fallen almost directly as a result of pirates. I will say one thing that has happened as a side affect that is a good thing. It's forced musicians to actually write good music.

    Five years ago I had all but given up on new music, every single band that came out seemed to be just another corporate generated cookie cutter band. But now that the major source of income for new bands has switched from selling CD's to actually playing shows and selling merchandise, they have been forced to actually write good music, and be better musicians. (in my opinion at least)

    Does anyone else notice this?

    1. Re:Has anyone noticed this side affect? by mad_clown · · Score: 1

      Does anyone else notice this?

      Not really. Most of the bands I hear now are complete rubbish. When I worked at a record store... almost all the bands that were coming out with new material were complete rubbish. When I worked at a radio station... almost all the promos we got were complete rubbish.

      Mainstream music now is as useless and uninteresting as its ever been -- maybe even moreso since the record companies are so desperate to make money that every trend/sub-genre/whatever that shows signs that it might be profitable gets hyped to death and copied ad infinitum.

      --
      "Cut word lines. Cut music lines. Smash the control images. Smash the control machine." - William S. Burroughs
  51. It's all rather simple by Anonymous Coward · · Score: 0

    Listen people when tossing around these basic examples then apply telephone logic. In a simplistic view the internet and the phone are the same, communication devices. For example, if I plan a robbery using an at&t phone does that make at&t an accomplice? NO! If a child molester talks to a child on the phone do they drag the phone companies into court.... hmmmm NO!

    So the pirate bay provides a site to distribute content, they are not personally placing content on the site. Granted most of the listing are not legal in various countries, they themselves have not placed the content there. The original poster is the "theif" and they should be perused. At worst they should have there site taken down and forced to had over logs of uploaders(if they even have that).

  52. Criminal Music Biz by Doc+Ruby · · Score: 2, Interesting

    Let me switch that around:

    Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV program maker - can choose how their creations are distributed and get fairly rewarded for their work. The record corporations have violated those rights and, as the evidence in Court will show, they did so to make substantial revenues for themselves. That kind of abuse of the rights of others cannot be allowed to continue, and that is why these criminal proceedings are so important for the health of the creative community.

    Free expression is an inalienable human right. Some governments have compromised that right with the privilege of restricting free expression (which, with liberty, includes copying someone else's expression as a new expression in the copy) in order to charge money for exceptions to the restriction. That is how free expression is governed as "copyright", the exception to free expression. Even the government apologies offered for copyright infringing free expression rights are typically claimed (as in the US constitution) as necessary to "promote science and the useful arts", and maintained "for limited times". Because they're infringing our rights, copyrights are permitted only because they're necessary and brief. But they're not. They might have been necessary once, but our Information Age finds them not only unnecessary for promoting science and the useful arts, but in fact more a burden than a help. They might have been necessary to make a profit, which itself was only important because it was necessary to promote science and the useful arts, but they are no longer necessary to make a profit, nor is making a profit itelf even necessary to promoting science and the useful arts. Since it's clear that copyright's entire basis is now false, the copyright business doesn't even pretend it's not corrupt, except when pressed hard. That's why copyright brevity, that used to give the author/artist a full 14 years to recoup costs before leaving the content to become folk art, public property, without restriction, now lasts a lifetime, or longer. In every way, copyright is now merely an abuse of our free expression rights, not at all justified by promoting science or the useful arts, or limited in duration.

    The record corps are keeping the copyright without the justification. In the US, they're basically defying the Constitution (and it's the US record corps, and their RIAA association, that's running these shows). They are the great criminals here. Not only are they violating our rights, the most important crime, but they don't pay the artists/authors from whose copyrights they get the money. Their whole show is a sham and a fraud. If only a case like this one against Pirate Bay could be turned around, and stop these criminal enterprises once and for all.

    --

    --
    make install -not war

  53. They're replacable also by Anonymous Coward · · Score: 0

    Acting requires a certain amount of skill, true, but don't exaggerate please. It's a relatively simple skill and anyone (okay not quite, I wouldn't scout on /.) can learn it. Most actors aren't even that good at it. Some actors of course have unique valuable skills (martial arts perhaps) but most could be easily replaced by someone else. So why this actor adoration culture? I don't know. Maybe because they're the most visible part of a film production, and people are supposed to be empathizing with the main characters. But in principle someone else could do their job. Compared to that the scriptwriter, director, and concept artists are a lot harder to replace.

    1. Re:They're replacable also by MobileTatsu-NJG · · Score: 1

      It's a relatively simple skill and anyone (okay not quite, I wouldn't scout on /.) can learn it.

      Not really. It's a very difficult line of work to make a career out of.

      But in principle someone else could do their job.

      Bearing in mind that I was talking about the actors that actually draw a percentage of the film's in-take, no, this statement isn't true. Big names are hired just for the sake of having their big names in there. They are the face of the movie and people like familiarity. Why do you think Dreamworks pays millions of dollars to get people like Mike Myers and Eddie Murphy to be voices? They just want their names on the posters.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    2. Re:They're replacable also by toQDuj · · Score: 1

      Not really. It's a very difficult line of work to make a career out of.

      Perhaps that is because supply of new actors is much greater than the demand for actors.

      --
      Every experiment which ends in a big bang is a good experiment.
    3. Re:They're replacable also by MobileTatsu-NJG · · Score: 1

      That's certainly a factor. However, there are several classes of actor. You can see it any show. Patrick Stewart, for example, is far more nuanced than any other actor in STNG. (Picture replacing him with Frakes and you get the idea.) That's the reason the stories typically orbited around him.

      Actors play a huge part in attracting an audience. Frankly, this site in particular knows this, I'm not sure why this discussion's even happening. Between Mos Def as Ford Prefect and demands that Optimus Prime should get his original voice... oh brother. Yeah, actors are super inter-changable.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  54. Intellectual works are not property. by spun · · Score: 1

    As another example, lets say everyone decides that your band sucks monkey balls and they decide to buy albums of Slim Whitman, which sounds better. That is loss of revenue to you. Does that make it theft?

    Calling infringement theft is making it MORE than it is. It is all part of the 'intellectual property' propaganda campaign which is designed to get people to think of intellectual works as property instead of what they are: a government enforced monopoly primarily granted to benefit we, the people, not you, the creator. You would have NO POWER to compel us not to copy your work without government enforcement.

    With real property, you do not absolutely need the government to protect it, you could do it yourself. Not so with intellectual works. The moment you sell or share them, everyone can see and copy them. The only way that you, as an individual, can keep that from happening is for you not to share them at all, which obviously keeps you from deriving any value whatsoever from your creations. THAT is the only reason that we Americans have copyright and patents.

    Other countries may take a different attitude and assert that creators have a 'natural right' to control their creations. Not only does this fly in the face of any sane definition of natural right, it is completely irrelevant to discussions of American copyright and patent law.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  55. Free ride by shmlco · · Score: 3, Insightful

    "...then it is justifiable to use sites like Pirate Bay and other BitTorrent sites."

    No, it's not. We were rather poor growing up, and yet I got a job and managed to see the movies and buy the music that was important to me. I didn't have everything my little heart desired, but that's life. You're not entitled to everything you want simply because you want it.

    Besides, there's broadcast TV (now digital), there's radio, there are libraries, there's NetFlix (with a very reasonable subscription fee), there's open-source software, there's cheap shareware and $5 bins at the supermarket and... I could go on about all of the LEGITIMATE ways to see and read and hear what you want, but you're not interested. You're only interested in justifiying, no, in rationalizing why it's okay for you to do the things that you do.

    People steal shit online (use your own term, I'll use mine) because they can, because they can get (they think) something for nothing, because there's little risk (today) of being caught, and yes, because it's convenient.

    Well enjoy it while you can, because the free ride isn't going to last forever...

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    1. Re:Free ride by shmlco · · Score: 1

      Yeah, mark legitimate opposing viewpoints as being Trolls...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    2. Re:Free ride by Anonymous Coward · · Score: 0

      No, it's not. We were rather poor growing up, and yet I got a job and managed to see the movies and buy the music that was important to me. I didn't have everything my little heart desired, but that's life. You're not entitled to everything you want simply because you want it.
      Same thing can be said about RIAA and their so call artists then ... they're not entitled to everything they want simply because they want it.
      The only difference here is that one rely on the law and the other rely on technology.

    3. Re:Free ride by shmlco · · Score: 1

      "Same thing can be said about RIAA and their so call artists then ... they're not entitled to everything they want simply because they want it."

      Good thing you posted as an Anonymous Coward, because I wouldn't want people to know I was an idiot either.

      News flash. They are in fact entitled to ASK for whatever price it is that they want... just as you are equally entitled to judge if that asking price is fair and provides reasonable value for your money.

      That said, not believing those terms or conditions to be "fair" isn't grounds for stealing it anyway.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    4. Re:Free ride by thebigbadme · · Score: 1

      and if neither can agree with the other on terms of interaction, neither should get what they want. The side that uses the law is doing so because the side that uses the technology breeched the offered terms first. If no-one ever pirated a single piece of media, no one would ever have brought legal action over these matters.

      --
      "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
    5. Re:Free ride by arevos · · Score: 1

      Well enjoy it while you can, because the free ride isn't going to last forever...

      Why not? Putting moral arguments against copyright infringement aside, the industry has failed to find an effective legal or technical solution, and seems unlikely to come up with one in future.

      Likewise, it seems unlikely that piracy will be the end of creative content. People are still buying MP3s and DVDs even when they could pirate them instead, and people are still going to concerts and live events.

    6. Re:Free ride by Anonymous Coward · · Score: 0

      "I didn't have everything my little heart desired, but that's life. You're not entitled to everything you want simply because you want it."

      I'm sorry but every nation in existence almost owes itself to conquering and enslaving others, the top %1-5 percent of the people didn't get there by honesty throughout history. This is a "take what you can get world", some people are honest, other people are not. Most people are both law abiding and criminals, most people commit petty crimes. I worked in both the retail and restaurant businesses and I can tell you at least 75% of the people will steal from you.

    7. Re:Free ride by paulgrant · · Score: 1

      I dont feel the need to share files. But....

      >> Well enjoy it while you can, because the free ride isn't going to last forever... ....the day this happens, I will. Nobody owns an idea; nothing is sanctosanct

      Nothing, I repeat *nothing* you threaten me with will *ever* change that fact.

      And if it requires I join in the multitudes demonstrating this fact, I will.

      You can take ur systems of control and bite me fanboy.

    8. Re:Free ride by Areyoukiddingme · · Score: 1

      If all they were doing was asking for money, and I had the choice not to give it, then you'd be right. But you're wrong. They can and are inserting ways to take my money WITHOUT my consent. I can't buy a recordable CD or DVD without paying them money, even if I've never desired to see or hear any Big Content media in my entire life. These levies are established by LAWS. Backed up by governments at gun point. THEY are stealing from ME, and THEY DID IT FIRST. They're endlessly trying to find new ways to chisel more money, without doing any actual work or providing any value at all. If I gave a damn about their artists, I would gleefully copy their work without paying. Fortunately for me I like techno, so I have 100,000 songs on my hard drive, all downloaded for free with the permission of the artist. http://www.modarchive.org/

  56. music and movies are different by Anonymous Coward · · Score: 0

    Music can be produced by the artist and a few people. Movies typically cannot.
    He who makes the content must get the most profit, the messenger just his fees, his just fees.

    There's another factor - user feedback - that the music labels are killing - and this is important for the future of content distribution on the web - if you, the consumer interact directly with the artist, you can tell him to sing you a special song or add a reference to you or make a change to suit you - why should the record labels be in the loop at all?

    The same is true for documentaries and any audio-visual performances by a few people / a band.

    Movies is another ball game.
    Someone else might be able to suggest a similar alternative which would be great but which is waiting to be destroyed by spectrial.

    Small groups and solo artists lose if tpb lose.

  57. moderators feeling guilty? by Anonymous Coward · · Score: 0

    This is modded troll?? yeah.. think different..

  58. There's an international organization for that?! by Arancaytar · · Score: 1

    Oh WAIT. You said PHONOGRAPHIC.

    Sorry, never mind.

  59. Continue earning it by KingSkippus · · Score: 1

    Allowing entertainers to make a living isn't a right, but I'd prefer for those who want to make a living out of it to be able to do so if they're good enough.

    The problem as I see it is that a lot of artists and the companies who promote them and have financial interests in their work think that they should be able to live comfortably for the rest of their lives because of one single thing they've done that is popular.

    My take on it is that copyright should expire in a reasonable amount of time (and no, far past my own lifetime for people who died years ago is not "reasonable"). I don't begrudge them earning money—even large sums of it—during that reasonable time. But having an artist earn thousands or even millions of dollars off music written decades ago is just plain silly.

    I have a good job, and I'm pretty good at it, if I do say so myself. Certainly good enough to make a living at it and then some. But it's not like I do one project and expect the company to keep paying me and my estate for the fine job I did for 95 years after my death. If an artist wants to keep making vast sums of money performing their art, they should have to keep working for it. Want to reap more rewards? Produce more art that people like.

    If you choose instead to sit idle while your popular stuff fades into the public domain, you should starve just like anyone else. It's called "having a job."

  60. Time changes things. by Anonymous Coward · · Score: 0

    The business is hurting because they charge too much money for products that are simply less important to consumers than they used to be. If .mp3's and digital downloads had never been invented, and home CD burning was a myth, the industry would still be in the same spot it is today or worse.

    The bottom line, is that things change. Kids used to buy baseball cards, thats dead. Will music itself die? No, but the commercial music industry will probably not be viable before the end of the century and piracy has little to nothing to do with it.

    A record quite simply is just not worth as much today as it was 15-20 years ago. And that's got nothing to do with piracy and everything to do with the evolution of culture and technology. We have the Internet, 500+ TV channels, portable video games, cell phones etc., and with all that available (not to mention the competing cost of it all), the value of an old fashioned album goes down. It's that simple.

    The bottom line: The product and business model is old, has a lot more competition and just isn't worth as much as it used to be.

  61. Humour, anyone? by uffe_nordholm · · Score: 1

    I have been reading a lot about this trial, and found a quote that will haunt the speaker for long time to come, if the quote is acurate.

    In one of the major IT-related new sites in swedish, they interview a number of people about this trial, among others Henrik Ponten who is a lawyer for the Swedish anti-piracy group.

    In this interview he states "It is important that the Swedish state has brought forward these charges in order to establish that it is not OK to run commercial enterprises on other peoples' creativity."!

    Now, I may be a bit misinformed about what record companies actually do, but it sounds very much like this guy is trying to get record companies outlawed.



    For those with a knowledge of Swedish, the relevant page is http://www.idg.se/2.1085/1.211605/branschen-och-piraterna--sa-slutar-rattegangen . It is the first sentence in Henrik Pontens first answer.

  62. Re:owed a living? by Anonymous Coward · · Score: 0

    Also, I don't think that most artists could live off of 10 cents a song for downloads (or the $1-1.5 an album) unless they have a very good PR plan/comity to not get lost in the giant sea that is the iTunes store.

    How much of the $1 do they get now? I am guessing close to 10 cents?!

  63. Netflix?? by Anonymous Coward · · Score: 0

    I have NetFlix. I pay something like $17 (automatic deduction from my checking account monthly)

    Ok, so I have access to just about every DVD out there, at least ones I'd want to watch. Yet sometimes I still download a movie rather than wait for it in the mail.

    Is this illegal?? I mean I sort of 'already paid' for it right as I have 100% complete access to it. No one loses money do they?

    What about keeping copies of movies? If I have access to all the movies on NetFlix then as long as I have my subcription what is wrong with keeping a copy of every movie I get? Other then the very slight environmental benefit it the mail man not have to stop at my house how does this hurt anyone?

  64. UHH, what about sampling? by Anonymous Coward · · Score: 0

    If you sample than you can make money off someone else's work too, so who cares that TPB made money doing what they do? Every mainstream rap artist that currently has an album has made money off of other artist's songs. Any sinlge main stream rap artist has made more money than TPB... period. so do i care if TPB made some cash to keep their servers up and running, plus some other expenses, aka living expenses.

    What if their servers are out in space or international waters? well it shouldn't matter. Each country is their own, and they have their own laws. To the IRAA; stop trying to make everyone else that is different conform to your scam. PS I breathed out the air you just breathed in... you owe me money!

    1. Re:UHH, what about sampling? by Anonymous Coward · · Score: 0

      uh, so if I steal CD it's theft. If i download a cd, it's copy right infringement. If I back up my CD it's what, theft, infringement, digital archiving/backup? What i don't get is if a theif can't steal a CD they will buy it/steal from a store. I think they assume that people with computers have more money and they can stick it all on em.

      If i have a backup of a CD, and my CD gets stolen can i listen to my backup?

  65. Obligatory XKCD by Falconhell · · Score: 3, Informative
    1. Re:Obligatory XKCD by Anonymous Coward · · Score: 0

      I prefer this one and this one.

  66. Laws protect you too by Anonymous Coward · · Score: 0

    The only legitimate argument for downloading ip that you don't have the right to, is that ip should not be protected as property.

    The main sentiment here seems to be "The record /movie industries overcharge their customers and rips off its suppliers so it's ok to rip them off." That sounds like a convenient justification for someone that knows they're wronging someone. Corporate giant or not, your ethical recourse to unfair pricing or business practices is boycott, not appropriation of something that you don't have the right to (even if it is intangible).

    Another argument I hear is that the business model of record labels is outmoded so they get what they deserve. Let's take that logic in a different direction. A tool was developed that allows others to get an entity's product without that entity being compensated. If that happened and it was affecting you, would you feel the same way? Without the police protecting you, you are at the mercy of your own ability to secure yourself, so applying that to the record industry is a pretty selective application of indifference to others needing the protection of the state.

    Another line of reasoning here says that file-sharing doesn't negatively affect sales and that the massive drop in sales the industry is experiencing is due to the poor quality of current music compared to that made a few years ago. Hopefully the idiocy if this idea is evident to most here. There's been good and bad music as long as it has existed, often both labels are applied to the same music depending on who's applying it.

    Finally there are the ridiculous claims that go along the lines of "something like 3% of the price of a CD goes to the artist." I am an artist and have released music on an independent label and know many who have released music on both independent labels and major labels. The average amount a band is paid for a cd sold is about $2.00 with another $.70 to $1.00 going to the songwriter or publisher. The thing artists usually have complaints about is the amount they are charged for marketing and other so-called recoupable expenses, but most of the time (these days at least), the label and artists share the majority of those. If you are an activist that feels justified in ripping off businesses that overcharge or make obscene profits, why don't you rob a gas station? Afraid of the consequences. So, then it's not ideology but circumstance that motivates the actions of a supposedly justified file sharer.

    I'm not saying that there's any way to go back, but for a group of supposedly intelligent people, it's shocking how blindly one sided most people here are on this issue.

  67. Revealing the true value of content. by cscrutinizer · · Score: 1

    I think what we are seeing is that it has always been the delivery vehicle that was scarce and expensive not the creative content. As the cost of distribution comes down it is revealing the true value of the creative content.

    Some artists have figured this out. They distribute their music to promote other things that generate income like live performances which have genuine scarcity.

  68. Article is somewhat propagandist by TarnVeda · · Score: 1
    from tfa:

    In May 2006 the company was raided by Swedish police who seized their servers and in January of last year the owners were charged with the copyright infringement.

    What they purposely omit telling the rest of the world is the reaction to that seizure - a political crisis in Sweden, resulting in major embarrasment and public outcry for the illegal manner in which it was prompted by a government minister at foreign urging, and contrary to Swedish law.

    For people who make a living out of creativity or in a creative business, there is scarcely anything more important than to have your rights protected by the law. Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV programme maker - can choose how their creations are distributed and get fairly rewarded for their work.

    Nice statement, but somewhat disengenuous (sp). As a former musician, I can tell you that copyright is fine, though it needs adjustment to fit the current electronic form. We are protected by law. What we are not protected from are the criminals who have stolen the creative industry.

    We are more interested in distribution and promotion, and those 2 areas are locked up by the criminal organizations behind this legal scam.

    The concept of fairly rewarded means the distributor gets the gold, and the artist gets the least amount possible. In the entertainment 'family', the creators are simply meat, to be used and disposed of, while milking every possible dollar out of them.

    And at every turn, it is the consumer that loses, wether it be DMCA takedowns of parody on youtube, DRM hacks on your consumables riping the functionality out of your electronics, or simply not being able to hear or see the evolution of art and culture due to the propensity of the industry to ensure only what 'they' consider worthy or profitable is marketed.

    It has been said that talented people such as Buddy Holly, Frank Zappa or Graham Nash would not make it today, as they do not fit the industry mold. I believe this to be true.

    The only place to truly evolve art and culture is within the bounds (and at the edges) of human experience, and not corporate or industrial dominance. Long live the indies.

  69. Quick question to the Savvy by Karem+Lore · · Score: 1
    If I donwload a load of digital MP3 files but never listen to them, am I breaking copyright law? In my mind no because in essence I have not reproduced the music until I run it through an mp3 player that interprets the bits into an signal that can be played by my speakers (analog). Obviously if I play a beep for 1 and nothing for 0 I am reproducing, but not in the way the artist intended.

    The reason I ask is I wonder if one can make a "library" of all music ever produced for future prosperity...

    Karem

    --
    When all is said and done, nothing changes...
  70. Re:Sorry, they do deserve to be prosecuted... by Logic+and+Reason · · Score: 1

    Attempting to use legal means to change this is akin to passing laws against gravity, and both will enjoy equal success.

    I believe the preferred analogy is trying to make water not wet.

  71. A Philosophical Question For You by Anonymous Coward · · Score: 0

    So what if I was born with the unique capability to record everything I ever saw and replay it to myself in my mind? Would that be copyright infringement?

  72. Re:Today, The Pirate Bay. Tomorrow, Google. by Gumbytwo · · Score: 1

    Are you saying live.com doesn't?

  73. RIAA to Sue Alien from Alpha Centauri by dufachi · · Score: 1

    A recent announcement by the Intergalctic Recording Industry Association has agreed to represent the American Recording Industry of America in it's case against Gruntar Jjimzyclx for receiving radio signals from Earth that contained copyrighted material which he subsequently saved to a recording device and did not pay the licensing fees for. They are seeking 468 trillion quatloos in restitution.

    --
    -Kinsey
  74. P2P as business enabler by oddox · · Score: 1

    Without P2P sharing a lot of businesses wouldn't exist. As a small company at the beginning you don't afford to buy in a lot of countries around the world not even a Windows license. You use it, because your employees are used with windows platform from their home computer, you use a lot of software related to this platform, and finally you buy it. And you buy software that your employees can handle. And they handle because they use infringed copyrighted software.

  75. more important than having my rights protected ... by seifried · · Score: 1

    "For people who make a living out of creativity or in a creative business, there is scarcely anything more important than to have your rights protected by the law."

    Actually there is something far, far, far more important. Having my ideas and my works actually consumed and enjoyed by people. Knowing that my work and ideas are actually good (for whatever arbitrary value of good we're using) enough to compete for and win peoples attention and appreciation. I'd happily write my monthly Magazine Column for free, getting paid is just a bonus (and I also appreciate that they post the columns online for free, I want lots of people to read my stuff).

    Throughout the ages artists, craftsmen, performers, entertainers, writers, painters, etc. have all figured out business models that allow them to continue creating. Expressing creativity (be it art, science, music, etc.) seems to me to be a pretty fundamental human need and it's been done since well before we even had the idea of economies (e.g. cave paintings) let alone industry groups, and this will go on forever as best I can guess (with or without the industry groups).

    My take on this whole process is that the industry groups are largely obsolete, and that companies/business models will either change or go extinct as the environment changes, whether they like it or not. The people who embrace the new environment and learn to work within it and take advantage of it will prosper (not necessarily financially, I mean more in the sense of gaining acceptance/market share/etc.).

  76. Invested? by Anonymous Coward · · Score: 0

    "had invested a huge amount of money..."

    Invested, that's the key word here, and given recent events most of us are more aware of the *risks* involved in investing. If you choose to risk your money doing that, fine, but you're not guaranteed anything.

    On the other hand I'd like to know how it is copyright apologists believe they have rights against me in enforcing restrictions on the expression of 'ideas'. For me, my liberty takes precedence over your right to make a buck trumping up false scarcity.

  77. You're a Thief! by Anonymous Coward · · Score: 0

    "People pirate movies because they want to watch movies without paying for them. [...] The majority are thieves."

    Well... if that is the case, then sue me... Find the evidence, get a Warrant and File the Charges... oh and don't forget the rest of the P2P community. You'll use up Billions not to mention all the man power.

    And even then, you won't solve the problem.
    The RIAA are just attacking the symptoms... not the Cause.

    Others will spring up...

  78. Re:owed a living? by Animaether · · Score: 1

    what makes you think that they think they're -owed- a living?

    Maybe they just think that if they sell their damn works for $1 or $2, that people who -want- that content will either buy it or forego on it.

    MAYBE they just think that if somebody says "$1 is too much", that the next thing they will say is "I think $0.25 is a much more reasonable price - I'd get it for that price", while instead the next thing they see is "I think I'll just grab it for ZIP ZILCH NOTHING, fuck you and your $1, I'll use that to buy half a sloppy burger instead!"

    Maybe, just maybe, they realize that they can make the damn works $0.01 and people will -still- pirate them because THEN all of a sudden the whole 'hassle' of going through a payment system just to pay $0.01 for the song is not worth the effort of clicking through screens. So they price them at $X (be that $1, $1.49, whatever) so that those who -do- buy it, will at least be paying an amount that, once all is said and done, at least the production costs are covered and maybe there's a little extra.

    Heck, maybe there's a -lot- extra, maybe the artist becomes a millionaire, so what? Who are we to say they're not allowed?

    Why do -we- think we're owed all artists' works for $0.00?

  79. piratebay aren't the criminals we are by Anonymous Coward · · Score: 0

    People have forgotten how the Torrent and P2P networks work. The Pirate Bay distributes not movies, not cds, not anything ILLEGAL only Torrents. What are torrents, they are files that specify the way another file should be broken into pieces. The "peers" in the network the people right next door to you are the people that are actively giving you the data and if anything are adding and a bedding in a crime.

    The RIAA and DRM advocates just want more money and can't prosecute everyone who is participating in piracy, ie me, you, anyone with an internet connection.

  80. You're arguing against a straw man by mdwh2 · · Score: 1

    If you invested your life savings as stock in a company, and the CEO did stupids that resulted in a rapid shrinkage of your life savings, you'd want to lynch him, wouldn't you?

    Perhaps, but it's not theft.

    If you wrote software that you intended to sell to a client, and somebody else stole the source by cracking your computer and selling it to your client at a greatly reduced cost, you'd want blood, wouldn't you?

    That's illegal, although not theft.

    If you bought a shiny new car, and six months later, a dirty congress-critter conspired with the evil car company CEOs to make gasoline illegal in favor of diesel, you'd be damned pissed, wouldn't you?

    I might be annoyed, but that's legal, and certainly not theft.

    But that doesn't mean that "copyright infringement" is ok, it's not. ... Copyright infringement is still theft.

    You're creating a straw man. Saying that copyright infringement is theft doesn't mean that they're saying it's okay. Nowhere did the OP claim this! Just as saying that dropping litter isn't the same as vandalism doesn't mean that littering is okay. It's just a statement of fact. Copyright infringement isn't theft, by definition. I agree that neither should be legal. I also agree with the law that states the former is a civil issue, whilst the latter is a criminal offence. I don't agree that they are on the same level, but if you do, that's up to you. But that they are not the same thing is simply a fact.

    Are you seriously suggesting that the examples you list above are examples of theft? I'm not sure what you're saying - "If two things are not okay, they are the same"? That doesn't follow.

    The marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace

    Whether something like the pirate bay "destroys" demand is up to the courts to determine. Whether a single instance of downloading affects demand depends on whether the person stops buying as a result of that (it might be that they wouldn't have otherwise bought it; it may be that they buy something else with the money).

    I agree with you about the stupid copyright laws. But according to you, if we're annoyed by stupid copyright laws, doesn't that mean they're guilty of theft?

    Any time we spend trying to justify piracy/theft/copyright-infringement is time we spend digging a deeper hole for ourselves

    Again, you are arguing a straw man. Pointing out that copyright infringement isn't theft is stating a fact, and is important as part of rebutting the propaganda put out by the RIAA etc.

  81. Re:Sorry, they do deserve to be prosecuted... by Just+Some+Guy · · Score: 1

    Actually, I *am* a musician in a band, and I've put our original recordings up on TPB.

    You are stealing from the RIAA by not allowing them to profit off of you.

    --
    Dewey, what part of this looks like authorities should be involved?
  82. eloquently and elaborately : fuck off by unity100 · · Score: 2, Insightful

    Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV program maker - can choose how their creations are distributed and get fairly rewarded for their work.

    the shittiest lie, shittiest save-face, filthiest attempt to cover real intentions since julius caesar said he was running for consul 'for the people'.

    creative artists do not get SHIT from copyrights. independent film producers dont have the funds to pursue millions of worth litigations. the only groups that are benefiting from copyright on the face of earth at this time and age are a few major music labels, movie studios and some publishing houses. which give the original creators CENTS over dozens of dollars of sales.

    go shove your half assed justice tirade up your ass. there is nothing just in it.

    1. Re:eloquently and elaborately : fuck off by Shados · · Score: 1

      Yeah, cuz music and movies are the only thing that copyrights apply on /sarcasm

  83. Competing with FREE by Anonymous Coward · · Score: 0

    I actually choose Hulu with commercials over torrents without commercials because its so easy.

    It's a good example of competing with free.

  84. Re:making piracy go away... by bluetigerbc · · Score: 1

    I agree with parent poster. They ned to adapt their business, shutting down these guys here and 20 more will pop up in their place. The legal system just doesn't work fast enough (to stop the stream/torrent/flow of piracy, control sure, but REAL stopping the damn? Yeah right!) My point here is that they need to have downloadable content WITH ads in them. As already posted, people are lazy. All these poor international people having to "legally wait" or be a criminal (b/c of outdated laws protecting citizens from corps and their 'sue everyone' model" So instead just put the shows/movies /w ads. It's akin to people cracking games to make the games BETTER (Google: "spore torrent" or PB: "spore torrent" to see these index servers' results. People cracked this one just to play it without breaking their computers! No one WANTED DRM (who would ever EVER want digital restriction management is beyond me) So if a tv show uses bit torrent to download and I'm even using my upload to help the fox network push their weekly simpsons, they still win as it'll have the ad in the 1st live version. Ya the next day w/o ads is released but who cares? Live content and thus, viewers, are BACK BABY! :D Also, They should, as good business, provide the ad free version the next day to everyone. Even a month later in official ad free version digitally. Better to make friends then enemies who might hunt you down and...well...public forum...lmfao j/k...I love media. Was never a buyer and never will be tho. If they EVER lock up the genie back into that bottle (100% control over everyone, customers and artists alike) then I'll just still never buy anything again. Still support online games as it gives real value to their product. That exclusivity is the real bread a butter here. Control has always been worth more then cash. Blizzard SUPER HIT games like Starcraft, Diablo 2 LOD, Warcraft 3, and ESPICIALLY World of Warcrack all are valuable because of the online /w others aspect. Also not (hard to) crack for normal non leet haxorz /w unique cd keys. Now if the music companies want 50/month from everyone they'll just have to hire programmers like everyone else to build a virtual environment where people pay to hang out and listen to music in a virtual world. They have nothing anyone wants (to pay for) as it's just as easy to copy a friend's iPod as it is to go on the Pirate Bay and search for song collection torrents (and Google can do the same and should be in this lawsuit also for providing .torrent searches!) ...and the market will forget about google when they are forced to pull .torrent support/hand over ip's/info of their searchers to these thugs... my .02

  85. whoa by Drumforyourlife · · Score: 1

    I've noticed an extreme spike in my torrent bandwidth. Is everyone putting in a last ditch effort to get what they want before they can't anymore?

  86. Re:owed a living? by DrSkwid · · Score: 1

    How does any of that square up with putting $150k into making a film and having it zero day on TPB?

    All many artists are looking for is a fair exchange of goods. P2P rips are blatantly unfair.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  87. Re:Sorry, they do deserve to be prosecuted... by BlueStrat · · Score: 1

    Actually, I *am* a musician in a band, and I've put our original recordings up on TPB.

    You are stealing from the RIAA by not allowing them to profit off of you.

    Yes, and I feel so, so badly that my attempts to keep my amps supplied with tubes and my guitars in fresh strings so I may keep playing and writing songs may deprive some needy recording label executive one more lapdance or line of blow.

    [in Val Kilmers' 'Doc Holliday' voice from the movie 'Tombstone'] Why, Ah cahn hahdly bear the strain.

    (IMO Val Kilmers' best-acted role.)

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  88. Google Links to Torrents!!!!!!!! by AmigaHeretic · · Score: 1

    I mean if I want to search for a David Hasselhoff torrent I go to Google and do a search.

    First, there are like a thousand sites for Hoff's music... I'll list a few other than TPB... www.torrentreactor.net, www.torrentz.com, www.btmon.com, isohunt.com, extratorrent.com, torrents.ru and those are just on the FIRST page!! So what if they take down the TPB?? There aren't more places "waiting" to fill they're space... the places are already there.

    Second, so should they go after Google for helping me find pirated music??? If I want to look for torrents, guess where I'd start?? Google!!

    Third, has anyone HEARD David Hasselhoff's "Jump In My Car" ??? There is a reason why people don't want to pay money for crap like this.

  89. MC CHRIS by jakepmatthews · · Score: 0
  90. Re:Sorry, they do deserve to be prosecuted... by Anonymous Coward · · Score: 0

    And on top of that, it has been known that record companies release music to the p2p community for promotional and/or marketing purposes.

  91. Musicians, CopyRight Performance. by Anonymous Coward · · Score: 0

    Very very few Muscians get anything from copyright. For almost all bands any money made from record sales is reclaimed to cover various costs by the record company. Even the Rolling stones make their money by touring.

    Record companys invest their money to distort the development of talent, they dont find and encourage new talent they, manufacture fake acts, control airplay (denying the entry into the mass market of anyone who isnt controlled and paying most of the profits to them) and turn out pap.

    The vast majority of piracy makes copies of works that have earned vast amounts compared to what went into making it, if the creator has not been generously rewarded for their work it is a fault of the money distrobution system after the custmer purchases the product, if the artist is getting 0% of multi million sales, increasing it isnt going to benefit them.

    The bottom line is the copyright system is prinicpaly for the benefit of middle men who have skilfully manipulated the system to earn vast profits for themselves, maintained artifically high prices (and dumb, nonsensial useage restrictions) and generally screwed what artists talent they dealy with and gone to great lengths to supress the rest.

    Most Local Bands would be thrilled that people are downloading and experincing their music. So U2 will make a little less, well how much is enough?

  92. they don't want my money by Scrameustache · · Score: 1

    doesn't mean that "copyright infringement" is ok, it's not. The marketplace works on supply/demand, and bootlegging music destroys the demand side of the marketplace

    What about copyright abuse?
    My old cassette was eaten up by a player. I went to the big music store downtown to buy a replacement CD. Out of print. No plans to bring it back in print.

    The only option is "piracy".

    I'm a content creator, I have issues about someone profiting from my work and taking that revenue without giving me anything, but what the RIAAetc. have been doing is to stifle technology and pervert the law in order to maintain an artificial stranglehold on the market.
    They say that the sharing sites are making money from your content? Sue for a share of the profits, they should have offered them from the start.

    But no, the RIAAetc. only aims to shut them down. Apple had to fight them at every step to make a system that people want to use, they only wanted to have the horrible DRM-filled, pay forever but lose everything at our whim subscription services.

    The Pirate Bay has to win, because the alternative is far worse.

    --

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

  93. You're crazy... by atraintocry · · Score: 2, Insightful

    and I'm onlly posting to object to the fact that a bunch of space aliens popped in from a parallel dimension *where the GPL does not depend entirely on copyright law for its existence* and rated this, of all things, "Insightful".

    Forget the word freedom, okay? Red herring. The GPL is about ensuring that those who distribute binaries also distribute unfettered source. That's a limitation on what you can do, compared to what public domain or a BSD license offers you. But in the long term it benefits everyone.

    Ironically, this is more or less how copyright was supposed to work. You get yours, but I get mine. So the GPL is more of an extension of the idea of copyright than a repudiation of it. Hence the name copyleft rather than anti-copyright or something else.

    I know it's a little out of the ordinary, but really, it's about the same level of difficulty as understanding that "stage left" is to the right of the audience. (For the most part you were valiant in trying to correct a flagrant troll. But I still think you were inaccurate.)

    1. Re:You're crazy... by mrbobjoe · · Score: 1

      I was at one of Stallman's talks on copyright, where he was preaching for change (among other things no copyright on "knowledge works" like software), and indeed exactly this question came up. When asked how the GPL would stand without copyright, he suggested that there would need to be new laws specifically addressing the issues of software freedom.

      While you're dreaming up your personal utopia, why not?

    2. Re:You're crazy... by morgan_greywolf · · Score: 1

      Thanks for that. That's exactly what I'm saying. I used to think the same things that the parent thought until I read about exactly what you just pointed out: In Stallman's utopia, the GPL would not be necessary.

    3. Re:You're crazy... by Anonymous Coward · · Score: 0

      Thanks for that. That's exactly what I'm saying. I used to think the same things that the parent thought until I read about exactly what you just pointed out: In Stallman's utopia, the GPL would not be necessary.

      That is not what poster above, and Stallmann, says at all. He specifically says that _new laws_ would be needed to protect software freedom if there is no copyright law.

  94. I only have one thing to say about this trial by DrStoooopid · · Score: 1

    ..and I can sum it up in one short little youtube video

    http://www.youtube.com/watch?v=Jbq_1Wy70rE&feature=channel_page ...'nuff said.

    --
    There are 2 groups of people you can make fun of on the Internet without fear of attack. The illiterate, and the Amish.
  95. Analogies are no good by Anonymous Coward · · Score: 0

    Let's examine your analogies.
    (1) CEO Did Stupid Stuff: While the CEO is protected by the Business Judgment Rule, if what he did was stupid enough, he will be liable to the company and the shareholders for negligence. Personally liable.

    (2) Source Stolen by Cracking Computer: Corporate Espionage. Tortious Interference of Business Relations. Lots of other very applicable legal theories.

    (3) Gas Made Illegal in Favor of Diesel.
    I've got two words: Carpe Diem.
    And if it really is a matter of corporate & governmental intertwining and greed, your solution is to charge the bastards with any number of laws to prevent such things. Recall the politicians from office. Boycott the products. Get involved in the damn political process.

    What does this mean? COPYRIGHT IS UNIQUE.
    You can always argue that the law isn't producing just results, but copyright is a piss-poor fit for any of the above in light of the other remedies. Copyright is market protectionism, plain and simple and (as we know it) is obsolete in the digital age, where the cost of distribution is basically zero. And the "investment in infrastructure" argument is moot too. The infrastructure is there already.

    While I agree with you that the original terms of copyright were far better, I think it just isn't worthwhile to quibble about it. Everyone will have their own idea of what term is reasonable: 5 years, 20 year, 60 year, 500 years... The whole system has to change in favor of something new.

    I'd much rather push for an abolishment of copyright altogether, but the introduction of a strong attribution right. E.g., "John Doe wrote this book" let's you know it isn't Bob's book, and that John Doe is a really smart guy who deserves his fame, and by damn, I'm going to read more of this guy's work.

    Linux Torvalds isn't considered a nerd deity by some because he sues people over his proprietary code. What does he get out of the free operating system he gave birth to? The respect of his peers, job offers (he makes a good living, I'd wager), etc.

    But that's just my opinion.

  96. Speaking as a small programmer by Anonymous Coward · · Score: 0

    I make small software utils, nothing super fancy really. On my website I have commercial apps I sell for Windows, some freebies for *nix and Windows and trial versions of the software. The commercial products range from $20 to $80 USD. This is a part time job for me and has made me enough over the past few years for a holiday (yay!). I have no illusions about my software - I made it look and act the way I wanted to, for myself and then extended it outwards for other businesses/people. It's not *THE* best software in the world but it does quite well in its price point. BUT.. I've found copies of work I produced on TPB, with several dozen to a few hundred seeders over the past year. How am I suppose to feel to bittorrent at that point?!

  97. *cough* by Anonymous Coward · · Score: 0

    YAAAR!!

  98. The Cure by JoelRodz · · Score: 1

    Sure lets go ahead and attack the Distributing Sites... while we are at it, why not go after the Hundred of Millions of users.

    The Record Industry is clearly focused on treating the Symptoms... the after math of the Problem. Why not go after the Cause!?! Just like NetFlix, Hulu and Miro are doing. Providing the requested, expected and needed content with the Costumer in mind.

    I see P2P as a Cry for HELP which is being discarded as an obnoxious noise.

    Just my Two Cents

    --
    ~Cruxado ~
  99. piracy damage statistics by Anonymous Coward · · Score: 0

    http://www.nationmaster.com/red/graph/cri_sof_pir_rat-crime-software-piracy-rate&b_map=1

    and here is the document where the above data comes from:
    http://global.bsa.org/idcglobalstudy2007/studies/summaryfindings_globalstudy07.pdf

  100. the way I see it by thebigbadme · · Score: 1

    I make art. I make very little money making art. I wish to make a living making art. I want to spend as little time as possible worrying about the making money part. I would rather spend my time making art than making money from art.
    This may or may not apply to anyone else.
    I don't care.

    If you like my art, you can have it, but I want compensation which I deem agreeable. If you cannot compensate me in a way that I think is fair, then don't partake in my art. I currently accept friendship as means of reciprocation, I also accept food, and sometimes even a small amount of money. I only have so much time for socialization, as I said... I would rather make art, and I am fairly pleased to have the friends that I do. Also, I can only eat so much food.

    Now here's where it gets funny:
    I work as a means to support myself. Not all of this work is related to my making art. C'est la vie, at least for now. See, sometimes that little inspiration will come when I am not really in a position to do anything about it because I must do work which provides for me. A person can write down bits of an idea. I have plenty of quick notes... but for me, personally, I cannot capture that inspiration and save it for later. I either use it or I lose it.
    Maybe you wouldn't even like my art.
    I don't care. Making my art is pretty much the only thing that keeps me even remotely happy. It's an escape.
    However, maybe you would like my art.
    I would love that, some people might even compromise their art to help ensure this. Good for them if they lack that little voice telling them not to. I wish I didn't have that voice.
    That aside, if you like what I do, and want to partake in it, compensate me.

    I cannot spend time to arrange a way of having enough compensation to keep me doing this, and may consider assigning this task to someone else, so long as the terms of the arrangement are agreeable to me. I am not opposed to doing work. I just don't want to have to do that sort of work, thankfully no-one is going to force me.
    Under such an agreement I may have to give up some aspects, or perhaps rights, of/to what I do. Fine by me, so long as I get something which I value at least equally in return.
    Now, you, even if you like what I do, might not like the terms being offered by the entity which I have granted the rights of contract to, and so your option, as regards what I do, is this: don't buy it. However, if you are not willing to make such compensation, you should not partake in the art (yes, exceptions... parties, radio [where there is compensation], hell, I'd even be willing to overlook mix tapes so long as they were not being sold, and only where it is a direct laying of hands sort of deal... etc...)
    Simply, if you do not like the terms being offered, I am not ok with you deciding that you are going to make your own terms. EVEN if I disagree with some aspects of the terms being offered on my behalf.
    If ever there were a point in time where I was recognizable enough, and again free of such an agreement, I might decide to open things up with people who still want to partake in what I do... maybe something like NIN or that one off Radiohead thing (I'm at a loss for examples in any other art form/medium, sorry)... but at that point there may possibly be a different set of constraints.

    P.S. I love The Pirate Bay. I use it. I just bought the Toadies album Rubberneck, having recently rediscovered it's greatness through a torrent over yonder. I had a copy from a friend years ago, it had some glitches and such, but it was free, and good enough for me. If I had not obtained the illegal copy then I wouldn't have spent $8 purchasing it. Not everyone does this. Some do.

    What irks me are people who download something in violation of the terms being offered by the parties offering the (goods), enjoying said (goods), but still not buying them. I mean, really, if you like it, buy it. If you can't afford it, do with out. Yeah, that's right, buy less if you have to, it's ok, b

    --
    "It's the Law of the Universe, and I'm the sheriff." Slash-cott 2/10-2/17
  101. You've got it all wrong pal... by Anonymous Coward · · Score: 0

    "Copyright exists to ensure that everyone in the creative world from the artist to the record label, from the independent film producer to the TV program maker - can choose how their creations are distributed and get fairly rewarded for their work."

    Sorry, I call bullshit. Copyright exists to ensure that advancement in the arts are promoted by granting a limited monopoly to the creator. In exchange for the limited monopoly, the creator agrees to give up the Work to the Public Domain in perpetuity.

    Copyright was supposed to be short - this meant that the Creators had to get off their asses, make as much money as they could, and then create MORE if they wanted more money. Otherwise their stuff got put into the Public Domain for WE, The People to use as we desired.

    But things being what they are, Politicians got involved with middlemen who financed starving artists via loans with crappy interest rates and terms, and then wanted to make their money back en masse - so they pressured the Politicos to extend the terms of Copyright so they could 'make their money back' - of course, the fact that some political campaigns got funded didn't hurt either...

    The whole thing's a farce. 95 years is absolute and utter BULL SHIT. It's effectively a lifetime for any of these creators, and since Corps never die - if a corp owns it, then the damn thing never expires.

    So I say FUCK YOU to all the creators who created stuff that should have become property of the Public Domain long ago. We, The People, have the capability to take back what's been stolen from us. If the RIAA, or MPAA, or IFPI or whatever the fuck they are doesn't like it - then that's just TOUGH SHIT. You stole it, we're taking it back.

    Go create something else people want if you want to make money. And keep creating stuff people want if you want to make money you dumb fucks. Otherwise, get out of my face, and out of my wallet.

    I'm done paying for Led Zeppelin, Pink Floyd, or anything else I've already purchased on 8-track, cassette, or CD... You got my money at least 3 times, maybe more if you count the compilations I've bought... I'm done.

    And I'm done paying for crapola - I get to listen to it first. If I don't like it, I'm not paying for it. That's the way things started out, that's the way it should be, and that's the way we're making it become again. (look up "Patrons of The Arts" for some historical perspective).

    WE, The People, absolutely DO NOT owe one fucking thing to any Creator. If they don't have enough money to survive because they haven't mastered their Craft, then go get a different job to support you until you do get better at it... and if you don't - then maybe music or movies isn't for you...

  102. Anonymous Coward by Anonymous Coward · · Score: 0

    I download music/movies regularly if i really enjoy then I buy them. If these clowns take away our beloved pirate bay i will never buy any music or movie ever again.

    In fact i will dedicate the next ten years of my life to learning the art of hacking (maybe twenty, I'm not that smart just angry) and destroy the bastards. If the hacking thing fails and i still have a grudge in twenty years time (believe me i will because I'm a very bitter person) i will resort to stabbing record company executives in the face.

    Who's with me?

  103. Games to pirate by Anonymous Coward · · Score: 0

    I want to play a game, and that game is only available in Japan or the US, I live in Europe. I'd buy it but there is no release for Europe, I will pirate this game and do whatever it takes to play it! ARRRRRRRRRR

  104. legitimate uses P2P .. by viralMeme · · Score: 1

    I would like to be able to watch (and pay) for tv progs or the latest movies on a legitimate P2P site, but am unable, as people like the RIAA and the IFPI seem obsessive about keeping us in the nineteen sixties ..

  105. They lost me as customer a while ago. by Anonymous Coward · · Score: 0

    The first hint at copy-protection made me stop buying CDs. At the same time I stopped downloading all of their stuff. It's just not worth my time any more. And those "legal" download shops? How stupid can you be? Signing away your personal privacy of your home computer just to listen to music? Come on!

    To be fair, I bought one CD because it explicitly stated "No copy protection what-so-ever! (and proud of it)". :-)

  106. AllOfMP3 is the proof by Anonymous Coward · · Score: 0

    5c downloads up to 10c downloads.

    People bought it.

    Enough to make a company international money and to get the RIAA to notice them and move heaven and earth to get them closed down.

    Not anecdote.

  107. Sweden has a lot to lose! by Anonymous Coward · · Score: 0

    Here is a bit of nasty rumor from aviation forums:

    The USA is threatening to stop sales of its high-tech AMRAAM fighter jet guided missile to Sweden if Pirate Bay escapes unhurt. They just can't stand their music industry losing billions a year due to torrenting.

    Explanation: This threat is not an obscure tech detail! This will expose Sweden to the russians, because their current defence plan rests entirely on a fleet of 100 tiny JAS-39 Gripen fighter jets, which take off from remote two-lane roads and decimate red-star aerial attackers with their AMRAAMs. (Russian air interceptor missiles are much less capable, so Putin has no answer to the AMRAAM currently. The Gripen is inferior in close air combat against the Sukhoi-27 family of planes, but the AMRAAM capability allows it to win from the distance.)

    If AMRAAM supplies quit, the russian fleet can cross the baltic any day, safe under their aerial superiority umbrella. Sweden has decomissioned a lot of its modern Leopard 2 tank fleet last year, so they have no way of stopping the russians as soon as troop ships hit the shore.

    Torrenters love anarchy, but when the russians arrive, they will learn anarchy does not exist, it was only a stepping stone towards dictatorian communism.

  108. Copyright is blatantly unfair by Anonymous Coward · · Score: 0

    5-10 years monopoly, transformative works required (so a decrypted version of DRM'd entertainment, source code for binaries) and THEN it becomes fair.

    Neither side is acting fair. So I can't get all bent that P2P is unfair. Copyright changed first.

    1. Re:Copyright is blatantly unfair by DrSkwid · · Score: 1

      Well I can't argue in favour of 100 year copyrights. So we're all being f'd in the A

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  109. The responsibilities aren't needed by Anonymous Coward · · Score: 0

    without copyright, your supplier cannot stop you exercising the free rights GPL grants. It may be MUCH easier to reverse engineer the source if you HAVE the source, but you CAN decompile and get something at least readable.

    So the responsibilities aren't enforcable without copyright law, but then again, the responsibilities aren't needed without copyright law closing the code.

    1. Re:The responsibilities aren't needed by aliquis · · Score: 1

      Well, getting the source code vs disassembled code is a major difference imho.

      But since you're AC it doesn't help much telling you there is a difference.

  110. How would you know? by Anonymous Coward · · Score: 0

    Gigli nearly had phones banned because people were txting friends saying "Do Not Want" and people left the lines.

    So how do you know the movie is crud without someone watching it?

  111. Stop going to movies, dumbasses. by Anonymous Coward · · Score: 0

    I've been waiting for the supply side of Hollywood to suffer because of illicit copying, but so far I see no sign of shit out of Hollywood waning down! When are you going to make good on your promise that less crap will come out of Hollywood???

    Fact is DVD sales make up a fraction of the income for studios. The bulk is box office sales. As long as people go see the shit in cinemas, more shit will be made, because that's where Hollywood actually makes the most of its money.

  112. Re:owed a living? by toiletbowl · · Score: 0, Troll

    Okay, I gotta ask - exactly why do artists think they're owed a living?

    Maybe I'm missing something here but when did access to music become a right? Last time I checked The United States still practiced some form of capitalism. If you don't like the price of something you have the ability to NOT BUY IT. I'm tired of hearing people talk about how bad a company is and continue to buy or steal (talking about all products not just copyrighted work)things prduced by said company. We as Americans (I'm looking at you too Canadia)seem to have lost the most powerful tool our society has given us. That is the power to vote. If you don't like the price DON'T BUY IT. If you don't like the quality DON'T BUY IT. If you don't like how the company operates DON'T BUY IT. I could go on and on but I think you get my point.

  113. Re:Sorry, they do deserve to be prosecuted... by Anonymous Coward · · Score: 0

    And attempting to remove or restict these means of information transfer should result in a large number of government and business types deceasing from high velocity, cuprolead percussive trauma.

    and this is a bad thing, why?

  114. Re:owed a living? by shark72 · · Score: 1

    "Okay, I gotta ask - exactly why do artists think they're owed a living?"

    Classic Slashdot strawman.

    In all my days, I've not met one artist (in any medium) who thought they were owed a living.

    However, it is the common claim among pirates that artists believe that they are owed a living.

    But, the statements "artists believe they are owed a living" and "pirates like to claim that artists believe they are owed a living" are not equivalent.

    "If I want to be a musician, why would I deserve a public subsidy? (that's basically what Copyright has turned into.)"

    Oh, please.

    --
    Sitting in my day care, the art is decopainted.
  115. Re:Sorry, they do deserve to be prosecuted... by Anonymous Coward · · Score: 0

    Well im in similar situation as the musician. But i can see the dark side of this. I mean im constantly being slowly forced out of creative business because they are blocking all my avenues.

    And this is why SOME engineers, programmers and such joined the bandwagon to oppose copyright law. They see the insanity in somebody OWNING critical pieces of stuff that even kids could come up with.

    I think its a generation question too... I think the generation before us THINKS they own this. Well slow but sure the younger ones will win. You can count on it.

    For example I am perfectly okay to PD stuff thats not my core revenue source, or business in exchange for better tools better stuff etc (when you make something pD its possible that the aforementioned calculator comes back as BETTER calculator). Whereas giving even a speck of copyright away is HORROR for the generation before me.

  116. Re:owed a living? by Anonymous Coward · · Score: 0

    Because they spend the majority of their lives entertaining us. Perhaps the upper tier don't deserve a life of luxury for writing a few hit singles, but the bands with say 100000 fans certainly should be able to survive on their music.

  117. learn to read first by unity100 · · Score: 1

    if you noticed, i also mentioned publishers. the word publisher covers all kind of fuktards ranging from controlling publication of scientific papers to books.

    1. Re:learn to read first by Shados · · Score: 1

      Indeed. Though I guess I am biaised, but as a software developer, I sure get more than pennies on the dollar. Thats covered by copyright too!. Videogame -publishers- get nothing compared to the actual content creators (programmers, designers...). And MMOs aside, the only thing that allows games to be profitable is fanboys and copyright laws.

      There's a lot more. The traditional mediums (written, movies, music) do have a fucked up economy around them. That has more to do with the distribution system though. Getting something on the shelves of walmart is troublesome (thus why something like Steam works so well for videogames, and online in general for many types of software), and only organizations like the RIAA can reliably pull it off, giving them a pseudo-monopoly.

      Find better ways of putting stuff in the hands of the customers, and that issue of "the artist gets pennies, if they're lucky" goes away, and artists will get quite a bit. But killing their industry when there's finally hope of a new publishing system makes them dependant on the "old ways" until it dies.

  118. what about the subscriber-capture paradox? by sixsixtysix · · Score: 1
    --
    ...
  119. yawn. by Anonymous Coward · · Score: 0

    without paying a dime, without driving anywhere, without unpackaging and thereby wasting a shimmery cardboard/plastic container (itself worth more than the physical medium on which the media i am thief-ing is stored - and arguably worth more than the media itself), without worrying about drm/hdcp/etc, without concern for whether mister movie star will have to get a day job like the rest of us, without hesitation or obligation or remorse, i will help myself to all i can. to do so is to embrace and cherish the spirit of music and art and literature and the like. or perhaps it is not.

  120. No, no, no. Of course it does. by mmell · · Score: 1

    At least, until five minutes before MS starts pushing the point!

  121. flame warning by emj · · Score: 1

    That's a juicy post, so much flame infested responses that I just overload.. :-) There are of course sane responses to all of them, you can still earn money from music, I know lots of muscians who make a living, in the same way as developers aren't

  122. Re:owed a living? by Migraineman · · Score: 1

    If this was a simple market-driven decision, the music industry would have been out of business years ago. Unfortunately, they're usurping the legal system. They are taking away your civil rights. The Sonny Bono Copyright Extension Act is probably the most egregious example of the erosion of the US legal system in favor of something far more Fascist.

    I don't by the music. I don't bootleg the music. I'm paying for my part of the copyright bargain, but the entertainment industry keeps changing the rules. US Copyright is seriously broken.

  123. Re:owed a living? by Migraineman · · Score: 1

    You did read the first line in my post, quoting the statement about artists being unable to live off 10 cents per song, right?

    As for being a straw man argument, could you please explain why the RIAA is so opposed to media-shifting the recordings I purchased 20 years ago? Why does the blank media tax keep popping up? (hint: because they think they're owed something.)

  124. yes! by Anonymous Coward · · Score: 0

    Since you are licensing music in order to be able to listen to it.
    Currently the hottest form of licensing is through plastic (CD) and electronic formats.

    As soon as you copied this, without such license of original purchase, you are copying illegally.

  125. well by unity100 · · Score: 1

    radiohead tried, and they made a killing.

    next tries wouldnt be that good maybe. but, in the end what would it boil down to would be that the artists would make money as much as their fans see them worth.

    1. Re:well by Shados · · Score: 1

      Which only works when there's very few people doing this (for the "wow" factor), and would make an impossibly high barrier for entry (higher than now...). So you'd have some artists making a killing, and even more good ones not being able to get close (worse so than now).

      I mean, you can barely get people to give money to save children with cancer. Being able to "make a killing" from donations...thats definitely a temporary phenomenon. -Maybe- breaking even if you're REALLY good and you beg people ala Wikipedia?

    2. Re:well by unity100 · · Score: 1

      but of course !

      why should music be ANY different than other forms of free market ?

      in a competitive environment, the price of goods should be the value the customers willing to buy that good from.

      and, rather sadly, you are right, there are many people who would give money to their favorite bands, rather than giving money to saving people from cancer.

    3. Re:well by Shados · · Score: 1

      why should music be ANY different than other forms of free market ?

      Exactly :) And pretty much all markets have laws that are set to keep some form of balance between the seller and the buyer, be it anti-trust (hi Microsoft!), or...copyright. If the only reason people aren't willing to pay is because they can easily break laws, well, thats not exactly like other forms of "free" market (I put quotes there because there is very few 100% free markets)

      Now, one can say some laws shouldn't be...but until they change, well...

    4. Re:well by unity100 · · Score: 1

      no laws set monopolies to define minimum prices for any type of commodity. but in music, entertainment, basically monopolies are given exclusive rights, indirectly. there is no free market in that environment.

    5. Re:well by Shados · · Score: 1

      no laws set monopolies to define minimum prices for any type of commodity

      You'd be surprised. And there's no monopoly. Everyone can sell music. Just the ones who produce a particular song gets to decide where it goes... just like a particular Dell model has to come from Dell. Doesn't mean Dell has monopoly on computers. If I have a farm, only I gets to sell the tomatoes I produced.

      Oh wait, you're saying someone should be able to sell what someone else produced without asking for permission? Now you're going to say "But, if I produce the disk or the copy...". But then I'd say "how would you sell it if the artist didn't produce it in the first place?"

      Sure, the parallel isn't 1:1 with other commodities, but still. And you're not aware of all the markets with state driven quotas and regulations?

    6. Re:well by unity100 · · Score: 1

      You'd be surprised. And there's no monopoly. Everyone can sell music. Just the ones who produce a particular song gets to decide where it goes... just like a particular Dell model has to come from Dell. Doesn't mean Dell has monopoly on computers. If I have a farm, only I gets to sell the tomatoes I produced.

      Oh wait, you're saying someone should be able to sell what someone else produced without asking for permission? Now you're going to say "But, if I produce the disk or the copy...". But then I'd say "how would you sell it if the artist didn't produce it in the first place?"

      Sure, the parallel isn't 1:1 with other commodities, but still. And you're not aware of all the markets with state driven quotas and regulations?You'd be surprised. And there's no monopoly. Everyone can sell music. Just the ones who produce a particular song gets to decide where it goes... just like a particular Dell model has to come from Dell. Doesn't mean Dell has monopoly on computers. If I have a farm, only I gets to sell the tomatoes I produced.

      Oh wait, you're saying someone should be able to sell what someone else produced without asking for permission? Now you're going to say "But, if I produce the disk or the copy...". But then I'd say "how would you sell it if the artist didn't produce it in the first place?"

      Sure, the parallel isn't 1:1 with other commodities, but still. And you're not aware of all the markets with state driven quotas and regulations?

      please cut the crap and be practical.

      what you picture is like saying either of the below :

      you are in 1780s france. someone is complaining that there is a strict class society. you reply "But hey, you can get ennobled and become even a Count by proving your worth - its a road open to everyone". whereas the number of people who become high ranking (and even lowest ranking) nobles at that time do not number a few dozen.

      Or, you are in 2009. someone complains about the political system and you say that "why, you dont have to have heaps of money to become a powerful politician - politics is open to everyone". which is, we both know, bullshit.

      same goes for music. its THEORETICALLY open to everyone, but its so cornered with various laws and distribution schemes that are monopolized by a handful of corporations that noone else can do any significant shit.

      sorry for the strong language. but, strong bullshit calls for strong language(s).

  126. False by Snaller · · Score: 1

    "Yet, even with the shitty movies, people feel the urge to download it for free and watch it anyway. If it really was shit, people wouldn't watch it. "

    This is nonsense. People can't know its shit before having see it.

    "If you know such and such movie is shit,"

    I can't know.

    " then don't download it and just don't watch it. Don't try to justify your piracy by the quality of what you pirate."

    Stop saying that *I* download anything. You may only be able to see things from what you do, that doesn't mean the rest of us are that way. I don't download movies, exactly because I expect them to be crap (but of course I can't know, since I haven't seen them)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating