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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."

27 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 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.

    6. 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!
    7. 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.
    8. 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.

    9. 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

    10. 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
    11. 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
    12. 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.

    13. 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.
    14. 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!

    15. 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.

    16. 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.

    17. 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.

    18. 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!
  2. 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!
  3. 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.
  4. 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!
  5. 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.
  6. 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