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Pirate Bay P2P Trial Begins In Sweden

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

47 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 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.
    6. 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.

    7. 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!
    8. 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.
    9. 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.

    10. 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

    11. 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?
    12. 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
    13. 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!

    14. 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
    15. 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!

    16. 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
    17. 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
    18. 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.

    19. 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.
    20. 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.

    21. 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!

    22. 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

    23. 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.

    24. 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
    25. 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?

    26. 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
    27. 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.

    28. 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.

    29. 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!
    30. 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.

    31. 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.

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

    Any link to the torrent? ;)

  3. 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 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)

    2. 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.
    3. 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!
  4. 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.
  5. 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.
  6. 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!
  7. 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 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...

  8. 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.
  9. 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.

  10. 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?

  11. 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
  12. 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.