Slashdot Mirror


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."

115 of 723 comments (clear)

  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 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).

    2. 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).

    3. 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.
    4. 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.

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

      5. ????
      6. Profit!

      --
      mod me funny
    6. 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.
    7. 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.

    8. 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.

    9. 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.
    10. 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!
    11. 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.
    12. 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.

    13. 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.

    14. 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!
    15. 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

    16. 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?
    17. 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
    18. 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!

    19. 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
    20. 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!

    21. 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
    22. 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?
    23. 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
    24. 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.

    25. 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.
    26. 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.

    27. 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!
    28. 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!

    29. 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

    30. 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.

    31. 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.

    32. 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
    33. 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
    34. 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.

    35. 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?

    36. 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.

    37. 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
    38. 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.

    39. 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
    40. 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.

    41. 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.

    42. 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.

    43. 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.
    44. 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!
    45. 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.

    46. 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.

    47. 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.
    48. 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>

    49. 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
    50. 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.
    51. 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!)
    52. 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.

    53. 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.

    54. 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???

    55. 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.

    56. 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.

    57. 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.
    58. 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.

    59. 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.
    60. 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!

    61. 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
    62. 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.

    63. 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
    64. 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
    65. 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.

    66. 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.

    67. 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.

    68. 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.

    69. 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.

    70. 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.

    71. 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!

  2. Torrent by dogmatixpsych · · Score: 4, Funny

    Any link to the torrent? ;)

    1. 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.

  3. $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.
  4. 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 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)

    4. 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.
    5. 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!
    6. 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
    7. 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.
    8. 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)

  5. 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 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!'

  6. 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!
  7. 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.

  8. 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.

  9. 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!
  10. 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.

  11. 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.
  12. 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 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"?

  13. 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.
  14. 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.

  15. 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.

  16. 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 :(

  17. 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. 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.

  19. 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?

  20. 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

  21. 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
  22. 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
  23. Re:Today, The Pirate Bay. Tomorrow, Google. by canajin56 · · Score: 2, Insightful
    --
    ASCII stupid question, get a stupid ANSI
  24. 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

  25. 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.
  26. 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.

  27. 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.

  28. Obligatory XKCD by Falconhell · · Score: 3, Informative
  29. 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.

  30. 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.)